HB 5802

HOUSE BILL NO. 5802
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection
act,"
by amending sections 47324, 47326, 47328, 47329, and
48724 (MCL 324.47324, 324.47326, 324.47328, 324.47329, and 324.48724), as added
by 1995 PA 57, and by adding section 47363.
the people of the state of michigan enact:
Sec. 47324. The department may take, for
fish cultural purposes only, fish taken by any person fishing in the waters of
this state, and when so taken the fish shall be weighed and shall be paid for.
The price shall be based on the Chicago, Detroit, and New York markets, or at
such other price as may be agreed upon by the person or persons taking the fish
and the department, plus the cost of transportation, if any.A fish dealer or a restaurant,
bar, club, or organization serving fish taken from the waters of this state by
a licensed commercial fisher shall retain from the time of acquisition of
freshwater fish or roe, a bill of sale or invoice, indicating the quantity and
species of the fish or roe and the name and address of the consignor. A retail
fish dealer shall make the fish, roe, and records available for inspection by a
conservation officer or other peace officer designated by the director at any
reasonable time. A retail fish dealer shall maintain records for a period of 1
year after the fish or roe is disposed of by sale or otherwise.
Sec. 47326. Every person licensed to take
fish under this part, at the close of the 24-hour period immediately following
the close of the respective open seasons provided for by this part, shall
report to the department, on forms provided by the department, the kinds of
fish and number or weight of fish possessed at the close of the 24-hour period.
Any subsequent shipment or sale, or both, of such fish shall be reported
immediately to the department, on forms furnished by the department, showing
the amount and kinds of fish shipped or sold, the date of the shipment or sale,
and the name and address of the person or persons to whom the fish were shipped
or sold. All fish in possession upon which the season is closed shall be made
available for inspection at any reasonable time upon the demand of the
department. A person shall not possess or ship, transport, or sell any fish
upon which the season is closed and which have not been reported as provided in
this section.This
part does not authorize the taking, selling, or transporting of fish, the use
of illegal nets, or the setting of nets at a place or places or at times
otherwise prohibited by law.
Sec. 47328. A person shall not use any kind
of a boat, tug, or launch, except when used in hook and line fishing, or any
kind of net or nets, set hook lines, or commercial trolling rigs for the
purpose of taking, catching, killing, or transporting fish in any of the waters
bordering on this state, regardless of whether for commercial purposes or for
personal use, without first having applied for and been issued a license for
that activity, in accordance with this part. A license, except as otherwise
provided by law, is not required of persons engaged in sport trolling in these
waters, except that the owners of boats operated with either an inboard or
outboard motor and offered for hire in sport trolling for lake trout shall
obtain a license for each boat. A license, except as otherwise provided by law,
is not required of persons engaged in taking fish with set lines in lake St.
Clair as provided in section 47302.
(1) In
addition to the penalties provided in this part, a licensed commercial fisher
or agent operating under a commercial fishing license that is convicted of the
illegal taking or selling of fish under this part shall reimburse this state
for the value of the fish as follows:
(a) For
each fish not listed under section 47310, other than lake sturgeon, of an
individual weight of 1 pound or more, $10.00 for each pound or fraction of a
pound of fish illegally taken or possessed.
(b) For
lake sturgeon, $1,500.00 for each fish illegally taken or possessed.
(c) For all
roe violations, $20.00 for each pound or fraction of a pound of roe illegally
taken or possessed.
(2) The
court in which a conviction for a violation described in subsection (1) is
obtained shall order the defendant to forfeit to this state a sum as provided
in subsection (1). If 2 or more defendants are convicted of the illegal taking
or selling of the fish, the forfeiture must be declared against them jointly
and severally.
(3) If a
defendant fails to pay on conviction the sum ordered by the court to be
forfeited, the court shall require the defendant to satisfy the forfeiture in
the amount prescribed and fix the manner and time of payment, or make a written
order permitting the defendant to pay the forfeited sums in installments at the
times and in the amounts as the court determines the defendant is able to pay.
(4) A
default in the payment of forfeiture or an installment of the forfeiture may be
collected by any means authorized for the enforcement of a judgment under
chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to
600.6098.
(5) All
courts collecting forfeitures as provided in this section shall promptly remit
the forfeiture to the county treasurer, who shall transmit it to the state
treasurer to be credited to the game and fish protection account established in
section 2010.
Sec. 47329. (1) A person desiring a license
under this part shall submit an application for that license to the department
on oath when required on a form provided for that purpose by the department,
accompanied by the fee required under this part. The application shall state
the name and residence of the applicant, the manner in which he or she proposes
to fish, the name or number of the tug, launch, boat, scow, or skiff, the
overall length and the gross tonnage of the boat, the value of the boat, the
name of the port from which the boat will operate, the number and kind of net
or nets and hooks or other gear which he or she intends to use, the value of
the buildings and grounds, and such other information as may be required for
statistical purposes.
(2) As
used in this section, "overall length" means the minimum distance
between the extreme outside end of the bow and the stern considering the
nearest whole number of feet. The amount of the license fee to be paid shall be
based on the overall length of the boat or boats, if a boat is used.
(1) The
department shall permanently revoke the license of any person convicted of 5
designated offenses in any combination in a continuous 5-year period and that
person is prohibited from purchasing a stake in any additional commercial
fishing license issued under this part for a period of 5 years.
(2) As used
in this section, "designated offense" means a misdemeanor violation
of any of the following offenses:
(a) Taking,
selling, or offering for sale prohibited fish species.
(b) Fishing
or taking fish during the closed season.
(c) Fishing
in or taking fish from waters closed to commercial fishing.
(d) Taking,
selling, or offering for sale more than twice the amount of the allowable
possession limit for undersized commercial fish species.
(e)
Falsifying catch records.
Sec. 47363. The following
commercial fishing rules within the Michigan Administrative Code are rescinded:
(a) R
299.1071 to R 299.1079.
(b) R
299.702 to R 299.705.
(c) R
299.721 to R 299.724.
(d) R
299.731.
(e) R
299.751.
(f) R
299.761.
(g) R
299.771.
(h) R
299.781.
(i) R
299.782.
(j) R
299.791.
(k) R
299.801.
(l) R 299.813.
(m) R
299.815.
(n) R
299.817.
(o) R
299.822.
Sec. 48724. (1) As
used in this section, "fish cleaning station" means an operation or
location used to clean salmon for sport fishers.
(2) Except as provided in subsection (3)(c), a person shall
not purchase, sell, or otherwise exchange anything of value for raw or
unprocessed salmon eggs unless the person is licensed pursuant to section 47333 under this part and
the sale, purchase, or exchange of the raw or unprocessed salmon eggs is made
with another person who is also licensed pursuant to section 47333.under this part.
(3) A person who operates or is the agent of an operator of a
fish cleaning station shall not do any of the following:
(a) Accept raw or unprocessed salmon eggs except from whole
salmon, known as salmon in the round, or eggs salvaged from salmon cleaned at
the station.
(b) Operate a fish cleaning station that sells raw or
unprocessed salmon eggs without a current and valid permit issued by the
department.
(c) Buy, barter, or otherwise exchange anything of value for
raw or unprocessed salmon eggs. This subdivision does not prohibit the operator
of a fish cleaning station or his or her the operator's agents from exchanging the
service of cleaning salmon in exchange for the eggs in the salmons' carcasses
or from charging a fee for cleaning salmon.
(d) Buy or sell salmon carcasses taken by a person licensed
under part 435.
(4) A person issued a permit to operate a fish cleaning
station shall comply with all of the following requirements:
(a) Raw or unprocessed salmon eggs may only be collected and
stored at the location of the fish cleaning station specified in the permit.
(b) The fish cleaning station shall must be licensed in accordance with the food processing act of 1977,
Act No. 328 of the Public Acts of 1978, being sections 289.801 to 289.810 of
the Michigan Compiled Laws, food law, 2000 PA 92, MCL 289.1101 to 289.8111, and
operated in compliance with the Michigan food law of 1968, Act No. 39 of the Public Acts of
1968, being sections 289.701 to 289.727 of the Michigan Compiled Laws, food law, 2000 PA 92, MCL 289.1101
to 289.8111, only when the salmon eggs or salmon, or both, are
sold or given to another person for human consumption.
(c) Disposal of offal and unwanted salmon carcasses shall must be in a manner
approved by the local health department.
(d) A permit holder shall accept from sport fishers all salmon
carcasses that are brought to the station and shall hold and dispose of them
and their offal only in a manner approved by the local health department.
(e) As a condition of his or her a permit, a permit holder whose fish cleaning
station is located on state owned land shall provide free access to the fish
cleaning station facilities to anglers who wish to use the facilities to clean
their own salmon catch.
(5) This section shall does not be construed to prohibit the selling or
buying of chemically treated salmon eggs in the form of spawn sacks or spawn
bags.
(6) If the department finds that a person is in violation of
this section or a permit issued under this section, the department may issue an
order requiring the person to comply with the permit. In addition to the
penalties provided for in this part, the department or its agent, the attorney
general, or a person may seek injunctive relief for a violation of this section
or a permit issued under this section.
Enacting section 1.
This amendatory act does not take effect unless House Bill No. 5801 (request
no. H02377'25) of the 103rd Legislature is enacted into law.