HB 5801

HOUSE BILL NO. 5801
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection
act,"
by amending sections 47301, 47302, 47303, 47305, 47307,
47308, 47309, 47310, 47311, 47312, 47313, 47314, 47315, 47316, 47317, 47319,
47320, 47321, and 47322 (MCL 324.47301, 324.47302, 324.47303, 324.47305,
324.47307, 324.47308, 324.47309, 324.47310, 324.47311, 324.47312, 324.47313,
324.47314, 324.47315, 324.47316, 324.47317, 324.47319, 324.47320, 324.47321,
and 324.47322), sections 47301, 47302, 47305, 47307, 47308, 47310, 47312,
47313, 47314, 47316, 47317, 47319, 47320, 47321, and 47322 as added by 1995 PA
57, section 47303 as amended by 2004 PA 587, and sections 47309, 47311, and
47315 as amended by 2022 PA 34, and by adding section 47304; and to repeal acts
and parts of acts.
the people of the state of michigan enact:
Sec. 47301. All fish of whatever kind found
in the waters of Lakes Superior, Michigan, Huron, and Erie, commonly known as
the Great Lakes, the bays of the Great Lakes, and the connecting waters between
those lakes within the jurisdiction of this state are the property of the
state, and taking the fish from those waters is a privilege. All fish in waters
described in this section shall be taken, transported, sold, and possessed only
in accordance with this part.As used in this part:
(a)
"Abandoned gear" means any commercial net, hooks, or other gear found
on the waters of this state with which a licensee has done any of the
following:
(i) Intentionally discarded, disowned, or dispossessed.
(ii) Failed to recover within a reasonable period of time
following knowledge of the gear's location.
(iii) Intentionally altered or removed the gear's ownership
identification tags or similar markings.
(iv) Failed to immediately restore the gear's lost or
destroyed ownership identification tags or similar markings following knowledge
of the absence or destruction of the tags or markings.
(b)
"Aquatic species" means fish, reptiles, amphibians, mollusks, and
crustaceans, including their parts, eggs, and products.
(c) "Commercial"
means buying, offering for sale, selling, bartering, giving, or furnishing to
others any aquatic species or parts of aquatic species, including roe, for
anything of value.
(d) "Commercial
fish species" means only those aquatic species that are authorized for
commercial harvest under this part.
(e) "Commercial
net" means any of the following:
(i) A fyke net.
(ii) A gill net.
(iii) A hoop net.
(iv) An impoundment net.
(v) A pound net.
(vi) A purse seine net.
(vii) A seine net.
(viii) A trap net.
(ix) A trawl net.
(f) "Department"
means the department of natural resources.
(g) "Director"
means the director of the department of natural resources.
(h) "Dressed
fish" means a fish with the head and tail attached but with the gills and
the entire gut or viscera removed.
(i) "Fish"
means any fish, fish parts, roe, or fish products.
(j)
"Fish dealer" means a person, processor, or retail store, locker
plant, restaurant, hotel, tavern, meat market, grocery store, or other
establishment, or club, that sells fish to the final consumer or sells fish for
resale.
(k) "Fish
in the round" means a fish that is entirely intact as it was taken out of
the water with no part or insides removed.
(l) "Fyke net" and "hoop net" mean a
long, bag-shaped impoundment net held open by hoops or frames and having 1 or
more internal funnel-shaped throats that taper from the mouth of the net toward
the pot.
(m) "Gill
net" means a vertical stationary wall of net in which fish are caught by
entanglement.
(n) "Great
Lakes" means those portions of Lake Superior, Lake Michigan, Lake Huron,
and Lake Erie, including the bays of those lakes, that fall within the
boundaries of this state.
(o) "Great
Lakes connecting waters" means those portions of Lake St. Clair, the St.
Clair River, the St. Marys River, and the Detroit River that fall within the
boundaries of this state.
(p) "Illegal
fish" means any fish taken or possessed in violation of this part or, if
imported, not authorized by the laws of the state, country, or tribal authority
from which the fish was imported. Illegal fish includes fish that have not been
reported or for which a record has not been created as required by this part.
Species listed as a prohibited transgenic or nonnative organism in part 413 may
not be possessed or sold live and are considered illegal.
(q) "Impoundment
net" means a net designed to capture fish by deflection and to retain them
in a live condition until removed.
(r) "Licensed
commercial fisher" means a person that has been issued a commercial
fishing license under section 47304.
(s) "Live
car" or "live fish car" means a nonmotorized and nonsteerable
floating box or hold that is towed behind the licensed commercial vessel for
the exclusive purpose of holding or transporting live fish.
(t) "Overall
vessel length" means the minimum distance between the extreme outside end
of the bow and the stern rounded to the nearest whole foot.
(u) "Person"
means an individual, firm, company, partnership, copartnership, association, or
corporation.
(v) "Pound
net" means a stationary impoundment net consisting of a lead, heart,
tunnels, and pot, supported by a series of stakes or pilings, that traps fish
inside a box-like net enclosure that is open above the surface of the water.
(w) "Processed
condition" means the physical form of the fish and is referred to as
dressed, round, fillet, dressed headed, or roe.
(x) "Purchase"
means to buy, acquire, or obtain or attempt to buy, acquire, or obtain for
exchange of value, goods, or services.
(y) "Purse
seine net" means a mesh net with floats on both edges that hangs down
vertically in the water and is used to encircle the fish and enclose those fish
when the net's bottom edge is pulled together.
(z) "Quota"
means a yearly allocation to commercial fishing licenses by the department for
fish species listed under section 47310 by a limitation of pounds of fish
authorized to be taken.
(aa) "Record" includes any material on which
information is recorded or preserved, regardless of physical form, that relates
to the production, storage, transportation, purchase, sale, trade, barter, or
other acquisition or disposition of fish by a licensed commercial fisher or
fish dealer.
(bb) "Roe"
means the eggs of any species of fish.
(cc) "Saginaw
Bay" means the area south and west of a straight line from Point Lookout
in Arenac County to Sand Point in Huron County and inclusive of an area north
and east of Sand Point within the following boundaries: commencing at the
monument on the westerly end of Sand Point (lat 43.54.58 long 083.24.19),
thence easterly to the section line between section 7, T17N, R10E and section
12, T17N, R9E (lat 43.54.81 long 083.21.65); thence on a line due north for 2
miles (lat 43.56.55 long 083.21.65); thence on a line due west to a point due
north of the monument on Sand Point (lat 43.56.56 long 083.24.19); thence
southerly to the point of beginning.
(dd) "Seine
net" means a mesh net with weights on 1 edge and floats on the opposite
edge that hangs vertically in the water and is used to enclose fish when the
net's ends are either pulled together or drawn ashore.
(ee) "Set
hook lines" means a long fishing line with a series of hooks on short
separate leaders attached to the main line.
(ff) "Take"
and "taking" means to fish for by any method, catch, kill, capture,
trap, or harvest any aquatic species or to attempt to engage in any such
activity.
(gg) "Total
allowable catch" means the cumulative annual catch limit for waters of
Lake Michigan, Lake Superior, Lake Huron, and Lake Erie under the jurisdiction
of this state for species listed under section 47310 and as allocated by
December 31 each year by the department.
(hh) "Total
fish length" means the straight line from the tip of the snout to the
utmost end of the tail with the mouth closed and the caudal rays of the tail
fin squeezed together.
(ii) "Trap
net" means a stationary impoundment net consisting of a lead, heart,
tunnels, and pot, held in place by anchors and floats, that traps fish inside a
box-like net enclosure that is not open above the surface of the water.
(jj) "Trawl
net" means any net that is actively towed through the water by a vessel in
order to capture fish.
(kk) "Type
of fish" means the status of the fish and is referred to as live, fresh,
frozen, or smoked. Type, when referencing roe, is described as unprocessed or
processed.
(ll) "Unattended gear" means
any commercial net, hooks, or other gear that has not been utilized or lifted
and cleared of fish by the licensed commercial fisher for a period of 30 days
or that contains decayed fish in amounts that indicate a prolonged period
without being tended. This does not pertain to nets that have been properly
reported and rendered unfishable as prescribed by the department. A hoop net,
if not lifted and cleared of fish every 7 days, is considered to be unattended
gear.
(mm) "Undersized
fish" means a fish of a smaller than legal size as established by this act
or by administrative rule, or as set by specific license condition.
(nn) "Unfishable"
means any commercial net, hook, or other gear that has been rendered inoperable
as prescribed by the department.
(oo) "Vessel"
means every description of watercraft used or capable of being used as a means
of transportation on water, including, but not limited to, any rowboat,
sailboat, powerboat, motorboat, scow, tug, or launch.
Sec. 47302. (1) Notwithstanding the
provisions of this or any other part or act, the department, when in the
department's opinion it is necessary for the better protection, preservation,
management, harvesting, and utilization of the fisheries in the waters described
in section 47301 may limit the number of fishing licenses to be issued under
this part and fix and determine the qualifications of persons to whom licenses
are issued. In determining the number of licenses that the department issues
during any license year, the department shall consider the number of persons
holding licenses, the number of licensees needed to harvest the fish known or
believed to be harvestable, the capacity of the boats and equipment owned and
used by licensees to harvest those fish, and any other facts that may bear upon
the allowing of a limited number of licensed persons to engage in commercial
fishing in an economical and profitable manner. In determining the
qualifications of the licensees, the department shall consider the kind,
nature, and condition of the boats and fishing equipment and gear to be used by
the applicant, the years of experience the applicant has had in commercial
fishing, and the quantity and kinds of fish that the applicant has caught
during the previous 5 years, and other facts that may assist the department in
determining that the applicant is capable of engaging in commercial fishing in
a proper and profitable manner and will comply with the laws applicable to
commercial fishing.
(2) In
addition to the requirements of this part and rules promulgated under this
part, the license issued by the department may contain provisions that do 1 or
more of the following:
(a)
Establish the amount of fish to be taken by species and kind.
(b)
Designate the areas in which the licensee is permitted to fish.
(c)
Specify the season when and the depths where the licensee may conduct
commercial fishing operations.
(d)
Specify the methods and gear that the licensee shall use.
(e)
Specify other conditions, terms, and restrictions that are considered necessary
in implementing this part, including, but not limited to, the right to inspect
the licensee's fishing operations in the waters, on board, or ashore.
(3) All
licenses issued by the department pursuant to this part expire on December 31
of the year in which issued.
(4) The
department may suspend or revoke any license issued under this part if the
licensee fails to fulfill or violates any of the conditions, terms, or
restrictions of the license. The department shall afford the licensee a hearing
in accordance with the administrative procedures act of 1969, Act No. 306 of
the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled Laws. Any person whose license has been suspended or revoked is not
eligible to apply for or receive a license for the ensuing 2 calendar years
following the suspension or revocation.
(5) Any
licensee licensed on November 15, 1968 has the right to have his or her license
renewed from year to year by the department if the licensee continues to meet
the qualifications set forth in this section and the qualifications specified
in any rules promulgated under this section regardless of the determination of
the number of licenses to be issued under this part. Licenses described in this
section are not transferable without the permission of the department.
(1) All
fish in the waters of the Great Lakes and the Great Lakes connecting waters are
the property of this state and the department shall manage those fish utilizing
sound scientific management through data gathering and analysis. All
commercially taken fish in the waters of the Great Lakes must be taken,
transported, and sold only in accordance with this part. This part does not
apply to sport fishing regulated under part 487. A licensed commercial fisher has
the right for the license to be renewed every year by the department if the license
existed on or before November 15, 1968 and the licensed commercial fisher
continues to meet the qualifications set forth in this act regardless of the
determination of the number of licenses to be issued under this act.
(2) In
addition to the requirements of this part and rules promulgated under this
part, the license issued by the department must contain provisions that do all
of the following:
(a) Unless
otherwise provided in this part, establish the amount of fish to be taken by
species and kind based on sound scientific management through data gathering
and analysis.
(b) Unless
otherwise provided in this part, designate the areas open to commercial fishing
in which licensees are permitted to fish.
(c) Unless
otherwise provided in this part, specify the methods, the amount and kind of
gear the licensee shall use, and the depths the licensee is allowed to fish,
not to exceed 150 feet.
(d) The
right for the department to inspect the licensee's fishing operations in the
waters, on board, or ashore with the licensee or a representative of the
licensee present.
(e) Allow
the department to take any species of fish or issue permits to commercial
licensees to take fish in any manner, in any of the waters for the purpose of
scientific investigation, sport and commercial fisheries assessments,
utilization, management, or fish culture. If the department takes possession of
the fish under this subdivision, the fish must be weighed and the licensee must
be paid the current market value for the fish, plus the cost of transportation,
if any.
(3) In
addition to license fees under section 47320, licensees shall provide
additional financial remuneration to the state for fish taken for commercial
purposes for species taken under section 47310(3)(e) of 5% of the price
received by the licensee.
Sec. 47303. The
department shall provide financial remuneration to the state for fish taken for
commercial purposes by collection from the licensee of not more than 5% of the
price received by the licensee. Money received shall be credited to the game
and fish protection account of the Michigan conservation and recreation legacy
fund provided for in section 2010 to be used in the development and management
of the fisheries resource.
(1) A
person shall not obstruct or interfere in the lawful taking of an aquatic
species.
(2) A
person violates this section if the person intentionally or knowingly does any
of the following:
(a)
Operates a vessel or a device designed to be used on the water that does not
meet the definition of vessel in a manner likely to significantly alter the
behavior of aquatic species in order to hinder or prevent the lawful taking of
an aquatic species.
(b) Wades
or swims in a manner or at a location likely to cause a significant alteration
in the behavior of aquatic species in order to hinder or prevent the lawful
taking of an aquatic species.
(c) Tosses,
drops, or throws any stone, rock, or other inert material in order to hinder or
prevent the lawful taking of an aquatic species.
(d) Drives,
herds, or disturbs any aquatic species in order to hinder or prevent the lawful
taking of an aquatic species.
(e) Blocks,
impedes, or harasses another person that is lawfully taking an aquatic species.
(f) Uses a
natural or artificial visual, aural, olfactory, gustatory, or physical stimulus
to affect animal behavior in order to hinder or prevent the lawful taking of an
aquatic species.
(g) Erects
barriers to deny ingress or egress to waters where the lawful taking of an
aquatic species may occur. This subdivision does not apply to a person that erects
barriers to prevent trespassing on that person's property.
(h)
Interjects himself or herself into the area where nets or fishing lines are
cast by a person lawfully taking an aquatic species.
(i) Affects
the condition or placement of personal or public property intended for use in
the lawful taking of an aquatic species in order to impair the usefulness of
the property or prevent the use of the property.
(j) Enters
or remains on private land without the permission of the owner or the owner's
agent, for the purpose of violating this section.
(k) Engages
in any other act or behavior for the purpose of violating this section.
(3) On petition
of an aggrieved person or a person that reasonably may be aggrieved by a
violation of this section, a court of competent jurisdiction, on a showing that
a person was engaged in and threatens to continue to engage in illegal conduct
under this section, may enjoin that conduct.
(4) A
person that violates this section is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not less than $500.00 or
more than $5,000.00, or both, and the costs of prosecution. A person that violates
this section a second or subsequent time is guilty of a misdemeanor punishable
by imprisonment for not more than 1 year or a fine of not less than $1,000.00
or more than $10,000.00, or both, and the costs of prosecution. In addition to
the penalties provided in this subsection, any permit or license issued by the
department authorizing the person to take aquatic species must be revoked for 1
year. A prosecution under this section does not preclude prosecution or other
action under any other criminal or civil statute.
(5) This
section does not apply to a peace officer while the peace officer performs the
peace officer's lawful duties.
Sec. 47304. (1) A person shall not
use any kind of vessel, net or nets, set hook lines, or other commercial device
authorized in this section for the purpose of taking or transporting fish for a
commercial purpose or for personal use in any of the waters of this state
without having first applied for and having been issued a license for that
activity by the department.
(2) The
department, based on sound scientific management through data gathering and
analysis within each commercial fishing zone, shall determine the number of
licenses needed to take fish within each management zone in an economic and
profitable manner.
(3) To
obtain a license under this part, a person shall submit an application to the
department on a form provided by the department, accompanied by the fee
required under this part. The application must state the name and residence of
the applicant, the manner in which the applicant proposes to fish, the name or
number of the vessel, the overall length of the vessel, the name of the ports
from which the vessel will operate, and the number and kind of net or nets and
hooks or other gear that the applicant intends to use.
(4) An
applicant for a commercial fishing license shall submit an application annually
not less than 30 days before fishing operations are expected to commence or
electronically submit the application on or before November 15 of the current
license year. The department shall issue the license not more than 30 days
after the application is submitted.
(5) In
addition to the requirements of this part, a license issued by the department
may contain provisions based on sound scientific management through data
gathering and analysis that do 1 or more of the following:
(a)
Establish the amount of fish to be taken by species and kind, in accordance
with this act.
(b)
Designate the management zones and units in which the licensee is authorized to
fish. A licensee may fish water open to commercial fishing within the zone or
zones specified on the license.
(c) Specify
the season when and the depths where the licensee may conduct commercial
fishing operations.
(d) Specify
the type and amount of gear that the licensee is allowed to use.
(e)
Designate the ports where fish may be landed and vessels must be docked while
in the act of commercial fishing. Unless specifically stated otherwise or if an
emergency mechanical or weather condition exists, all fish must be landed at ports
listed on the license.
(f) A licensed
commercial fisher must list all fishing vessels used in the fishing operation
on each license, may list single or multiple vessels and list the same vessel
or vessels on each license, and may add or subtract vessels at any time on notification
to the department.
(6) All
licenses issued by the department under this part expire on December 31 of the
year in which the license is issued.
(7) A
person that violates this part is responsible for a state civil infraction and
is subject to the following civil fines:
(a) For a
first offense during a license year, not more than $1,000.00.
(b) For a
second offense during a license year, not more than $5,000.00.
(c) For a
third offense during a license year, not more than $10,000.00.
(d) For a
fourth and all subsequent offenses during the license year, not more than
$20,000.00.
(8) A
license described in this section is not transferable to a person that does not
hold a license under this section without the permission of the department.
Sec. 47305. For the purpose of carrying out this section and sections 47302 and 47303, part, the department may promulgate rules as may be
necessary. The department may issue emergency orders
prohibiting or reducing the taking of fish for scientific or commercial
purposes based on a scientific determination that an emergency exists within
the Great Lakes. An emergency order issued under this section is not effective
for more than 6 months unless extended by a concurrent resolution adopted by a
record roll call vote by a majority of the members elected to and serving in
each house of the legislature.
Sec. 47307. A person shall not set any net,
set hook lines, or other device for the purpose of taking or catching fish
within 160 rods on either side of the thread of the stream at the mouth of any
river or outlet of an inland lake emptying into Lakes Superior, Michigan,
Huron, or Erie, commonly known as the Great Lakes, or the bays of the Great
Lakes, navigable for vessels drawing 10 feet or more, leaving an open channel
of 1 mile in width for the free passage of fish, extending at right angles from
the shoreline as near as may be, 2 miles from shore. However, within the next
1/2 mile on either side of any such rivers or outlets of inland lakes, nets,
set hook lines, or other devices shall not be used for the purpose of taking
fish that will extend a greater distance than 1 mile from shore. The purpose of
the limitations in this section is to leave an open channel of 1 mile in width
1 mile out, and 2 miles in width for the second mile out, for the free passage
of fish. No net or other device for taking fish shall be set or used within 40
rods on either side of the thread of the stream at the mouth of any other river
or the outlet of any other inland lake leaving an open channel of 80 rods in
width for the free passage of fish, extending at right angles with the
shoreline as near as may be 2 miles out from shore. For the purpose of this
section, the shore commences at the average low-water mark. If the location of
the open channel or the average low-water mark is in dispute, this location
shall be determined by the department. Except as provided in sections 47311 and
47313, a person may at all times catch any kind of fish in all of the waters
named in this part, and from the docks, harbors of refuge, or breakwaters, with
a hook and line except largemouth black bass, smallmouth black bass, bluegills,
sunfish, brook or speckled trout, rainbow and steelhead trout, brown and Loch
Leven trout, northern pike, pike-perch, perch, or muskellunge, which shall only
be taken or possessed in the manner and at the time specified by the laws of
this state protecting those fish. A person may also spear carp, suckers,
mullet, redhorse, sheepshead, lake trout, herring, smelt, perch, pike-perch,
northern pike, muskellunge, sturgeon, whitefish, ciscoes, pilot fish or
menominee white fish, catfish, dogfish, and garpike through the ice in the
connecting waters as defined in this part.
(1) Except
as otherwise prohibited by law, a person specifically authorized by license
condition may use set hook lines for the purpose of taking fish in the waters
of the Great Lakes.
(2) The
director shall authorize the use of trawls by licensed commercial fishers to
take fish in the waters of the Great Lakes.
(3)
Commercial fishing gear must be specifically authorized by license condition
for legal use by any licensed commercial fisher, and each licensed commercial
fisher shall conduct its commercial fishing operation only with the type and
amount of gear specified on the license. Any gear not specifically listed by
license condition possessed on board any commercial vessel or in the waters or
on the ice of the Great Lakes is prohibited.
(4) The
department may by rule prohibit the use of certain gear in the waters of this
state authorized for commercial fishing.
Sec. 47308. Except as otherwise provided by
law, a person may use in the waters of Lakes Michigan, Superior, Huron, and
Erie, and the bays of those lakes, within the jurisdiction of this state, set
hook lines or spears for the purpose of taking fish; and for the purpose of
securing bait for use in baiting said hook lines, a person may use gill nets as
provided in section 47309. However, a person shall not market or possess for
the purpose of marketing any fish taken in bait nets. All unused bait, fresh or
old, shall be taken ashore.A person shall not set or use a net or set hook line in any
of the waters mentioned in this part without marking its location in accordance
with the specifications laid out under the uniform waterway marking system set
forth in R 281.1101 to R 281.1114 of the Michigan Administrative Code. If any
net or set hook line is set under the ice, its location must be marked by a
stake extending not less than 4 feet above the ice at each end of the net or
set hook line, and the license number, in legible figures, must be attached to
each stake or to the ends of the net or set hook line. A person setting a set
hook line in any waters of this state shall provide GPS coordinates of all hook
lines to the department. This information must be updated every time hook lines
are lifted or moved.
Sec. 47309. (1) A person shall not possess on any boat licensed under this
part or use in the waters of Lakes Michigan, Superior, Huron, and Erie, and the
bays of those lakes, within the jurisdiction of this state, any pound or trap
net, gill net, seine, or any fixed, set, or movable net of any kind or
description, the meshes of which are different than the following:
(a) Gill nets with meshes of not
less than 4-1/2 inches shall be used for the taking of whitefish, lake trout,
and yellow pickerel. In Lake Erie, the nets shall have meshes not less than
4-3/4 inches. The nets shall be set not nearer than 20 rods from the shore of
the mainland fronting Lake Superior and its bays. The nets shall be set not
nearer than 20 rods from the shore of the mainland fronting Lake Michigan
southerly from Seven Mile Point, Emmet County, during the months of March,
April, and May. There shall be no nets , except
gill nets, of any kind with mesh larger than 2-3/4 inches set in the waters of
Lake Superior within a radius of 50 miles of the village of Houghton, Michigan,
during the period between October 10 and November 4, except by permit from the
department for the taking of spawn from trout for the fish hatcheries.
(b) Gill nets with meshes of not
less than 2-1/2 inches or more than 2-3/4 inches may be set in water of any
depth, and gill nets with meshes of not less than 2-1/2 inches or more than 3
inches may be set in waters not exceeding 100 feet in depth, for the purpose of
taking herring, chubs, perch, and pilot fish, commonly called menominees. , wherever and whenever
they will not take to exceed 10% by weight of other fish, such percentage to be
determined by the department, by inspection of the fish taken in the nets. All
uninjured fish, except herring, chubs, perch, and pilot fish, shall be returned
to the waters from which they were taken with as little injury as possible, by
the persons lifting the nets. ; all sound, undersized, and dead fish found in the nets
are the property of the state, and shall not be sold or disposed of, but shall
be dressed and brought in and delivered immediately to the department at the
fishing port of the person taking the fish. The sound, undersized, and dead
fish shall be then disposed of by the department. If more than 10% of fish
other than herring, chubs, perch, and pilot fish are taken, then all of the
other fish shall be disposed of by the department. An angler may have in
his or her the
angler's possession, not to exceed in quantity the percentage allowed of
lake trout, whitefish, yellow pickerel, perch, or suckers, of a weight or
length less than established by this part, which are caught in 2-1/2 inch to
2-3/4 inch or 2-1/2 inch to 3 inch mesh gill nets, as provided for in this
subsection. , but
the same may be shipped and disposed of only under the direction of the
department. All undersized fish taken over under this section shall be disposed
of by the department to state, county, or charitable institutions. Parties
handling the fish shall be paid not more than 3 cents per pound for boxing,
packing, and icing the fish. The department shall remove or cause to be removed
any of the nets if, from the inspection provided in this section, the
department determines that the nets are taking more fish of species other than
herring, chubs, perch, and pilot fish than allowed by this section.
(c) Gill nets with meshes of not
less than 2-1/4 inches or more than 2-3/4 inches may be used to take blue back
herring in the waters of Lake Superior and Whitefish Bay, and those waters of
the Straits of Mackinac bounded on the Lake Huron end by a line drawn from the
southernmost tip of St. Martin Point, Mackinac County, to the westernmost tip
of Lime Kiln Point on Bois Blanc Island, thence in a southerly direction to the
northernmost tip of Point Au Sable in T 38 N, R 2 W, Cheboygan County, and
bounded on the Lake Michigan end by a line drawn from the southernmost tip of
Seul Choix Point in Schoolcraft County in an easterly direction to the Lansing
Shoal Lighthouse, thence to the White Shoal Lighthouse, thence in a
southeasterly direction to the westernmost tip of Waugoshance Point in Emmet
County, and Green Bay of Lake Michigan, as defined in section 47311, wherever
they will not interfere with or take whitefish or lake trout or any other fish
protected under the laws of this state.
(d) The department may issue permits
to allow the use of gill nets having meshes not less than 1-1/2 inches or more
than 1-3/4 inches for taking smelt and alewife for commercial purposes under
rules and regulations as the department prescribes.
(e) Gill nets with meshes of not
less than 1-1/4 inches or more than 1-3/4 inches may be used to secure bait for
use in baiting hook lines, if the nets will not take undersized fish.
(f) Pound nets having meshes not
less than 4-1/2 inches in the lifting pot, crib, or pocket and in the heart and
tunnel, and having meshes not less than 5 inches in the lead, shall be used for
taking whitefish and lake trout. In the pound nets, meshes not more than 3-1/2
inches may be used in 1 side of the pot or in the back, being that part of the
pot opposite the tunnel entrance. In fishing with the pound nets, or any other
pound nets permitted by this part, the crib or pot and hearts and lead shall
extend to or above the surface of the water; the crib or pot and hearts shall
be entirely open at the top, the sides or walls of the pot or crib and of the
hearts shall be held vertically as near as possible and shall have 5 or more
stakes driven into the earth at the bottom of the lake to hold the net in
place. A pound net permitted under this part or any part of the webbing of the
net shall not be set in water of a depth greater than 80 feet. Pound nets
fished through the ice may be held in place by fastening them to the ice
without the use of stakes.
(g) Pound nets having meshes not
exceeding 3-1/2 inches in the lifting pot or crib and in the tunnel inside the
pot or crib, and having meshes not less than 3-1/2 inches in that part of the
tunnel outside of the pot or crib and in the heart and lead, may be used for
taking all legal fish except whitefish and lake trout. Saginaw Bay shall be considered rough fish grounds, and
other similar bays may be designated by the department as rough fish grounds if
the catch of whitefish and lake trout taken in pound nets and trap nets during
the last 2 preceding years averaged less than 12% of the total catch, on which
grounds all legal fish caught in pound nets and trap nets having meshes not
exceeding 3-1/2 inches in the lifting pot or crib may be taken and all lake
trout and whitefish taken in such nets set in all other waters shall be
returned uninjured to the waters. The department may issue permits to
allow the use of pound nets having meshes less than 3-1/2 inches in that part
of the tunnel outside of the pot or crib and in the heart and lead for the
taking of smelt and alewife for commercial purposes, under rules and
regulations as the department may prescribe, which may include the waters in
which the nets may be fished and the period of time during which they may be
used.
(h) Trap nets having meshes not less
than 4-1/2 inches in the lifting pot, crib, or pocket and in the heart and
tunnel and having meshes not less than 5 inches in the lead shall be used for
taking whitefish and lake trout. In such the trap nets, meshes not more than 3-1/2 inches may
be used in the tunnel inside the pot, in either the front, back, or 1 side of
the pot for a distance not exceeding 5 feet from the bottom of the net and in
that portion of the bottom of the net connected thereto for a distance not
exceeding 5 feet, and in the connecting ends for a depth and width not
exceeding 5 feet. ,
for the purpose of shoaling fish. These trap nets shall not be used in any of
the waters under the jurisdiction of this state except in Lakes Huron and Erie
and then only in such a manner that no A trap
net or any part of the webbing of the net is must not be set in water of a depth greater than 150
feet. Trap nets having meshes as described in this subsection and with no part
of the lifting pot or crib over 15 feet in depth may be used to take whitefish
and lake trout in Lakes Superior and Michigan in water of a depth not greater
than 150 feet.
(i) Trap
nets having meshes not exceeding 3-1/2 inches in the lifting pot or crib and in
the tunnel inside the pot or crib and having meshes not less than 3-1/2 inches
in that part of the tunnel outside of the pot or crib and in the heart and lead
may be used for taking all legal fish except whitefish and lake trout. The
depth of no part of the lifting pot or crib shall be greater than 15 feet. No
such A trap nets
and no net or any part of the webbing of
the net shall must
not be set in water of a depth greater than 50
feet in Lakes Michigan and Superior, or in water of a depth greater than 150
feet. in Lakes
Huron and Erie. The department may issue permits to allow the use of
trap nets having meshes less than 3-1/2 inches in that part of the tunnel
outside the pot or crib and in the heart and lead for the taking of smelt and
alewife for commercial purposes, under rules and regulations as the department
may prescribe, which may include the waters in which such the nets may
be fished and the period of time during which they the nets may be used. Trap nets having a lifting pot
or crib not exceeding 4 feet in depth may have webbing less than 3-1/2 inches
in the 2 sides of inner heart.
(j) Any pound net or trap net with
meshes in the lifting pot or crib between 3-1/2 and 4-1/2 inches, or any
lifting pot or crib of such the nets with meshes between 3-1/2 and 4-1/2 inches,
is illegal and shall be seized and confiscated when found in use. Hoop nets,
fyke nets, drop nets, and gobbler nets are considered under this part to be
trap nets.
(k) Seines having wings with meshes
of not less than 4 inches, and the pocket or bag, the bag of which shall be not
more than 1/4 the length of the seine, having meshes of not less than 2-1/4
inches, may be used to take carp, yellow pickerel, perch, herring, and other
rough fish if they do not interfere with or take whitefish or lake trout. All
seines in use or set along the shores of the waters listed in section 47301,
when unattended, shall have a metal tag securely attached to the seine bearing
the commercial fishing license number of the owner or user of the seine. Minnow
seines not to exceed 80 feet in length and 8 feet in width may be used in the
Great Lakes and connecting waters.
(l) The
measurement of the mesh of all nets and seines as prescribed in this section
shall be by extension measure. The size of the mesh of all nets or netting used
in fishing as provided by this part shall be determined by extension measure,
and the measurement shall be made of meshes irrespective of where the net or
netting is found, whether in the water, on boat, on reel, on dock, or in any
other place on land. Extension measure means the distance between the extreme
angles of any single mesh, and the measurements shall be taken between and
inside the knots. All measurements of the mesh in gill nets or gill netting
shall be made with a flexible steel gauge constructed and used as prescribed in
this section. All measurements of the mesh of gill nets or gill netting shall
be made by inserting in the mesh parallel with the selvage a gauge made of
spring steel free from rust, of a length equal to the number of inches
prescribed in this section for the mesh measured. The ends of the gauge shall
be free of sharp edges or burrs. The gauge shall not be graduated, and any
necessary markings shall be placed near the ends of the gauge. The length of
the gauge measured parallel with the long edge shall not at any point exceed or
be less than the prescribed length by more than 2/1000 of an inch. Its width at
any point shall not exceed 9/16 of an inch or be less than 7/16 of an inch. Its
thickness shall be such that when it is set vertically on a solid anvil with
its upper end loaded with a dead weight between 7-1/2 and 8-1/2 ounces, the
gauge shall deflect at its middle 1/10 of its length. The meshes to be gauged
shall be at least 3 meshes removed from the selvage or side lines and shall not
be stretched or manipulated in any way prior to or after the insertion of the
gauge, and the same mesh shall not be gauged more than once. In gauging a mesh,
the flexible gauge shall be held only by the ends and bent between thumb and
forefinger, the bent rule shall then be inserted in the mesh parallel with the
selvage and with the collapsed mesh, and finger pressure shall be released
immediately, not gradually. If the gauge does not straighten out completely
under its own tension within 2 seconds after its release in the mesh without
slipping a knot or breaking the twine, the mesh is unlawful, and if the majority
of 10 or more meshes selected at random by the enforcement officer from any
part or parts of the gill net or from the entire gill net or from any gill
netting being gauged are found to be unlawful, the gill net or gill netting if
found in use or in or upon any licensed commercial fishing boat shall be seized
and confiscated. If found in possession but not in use, any such gill net or
gill netting shall be sealed by the enforcement officer with a suitable seal
provided by the department and, when once sealed and for so long as the seal
remains intact on the net or netting, may be possessed by the owner until
disposed of or destroyed by the owner as provided in this section. The gill net
or gill netting shall not be disposed of or destroyed except under direction of
a conservation officer and, until that time, shall be available for inspection
by the department or any conservation officer. Any person who, without
authority from the department, breaks or destroys a seal attached to a gill net
or gill netting, or any person who refuses or neglects to produce for
inspection any sealed gill net or gill netting, or who disposes of or destroys
a sealed gill net or gill netting except under the direction of a conservation
officer, is guilty of a misdemeanor and upon conviction is subject to the
penalty provided for in section 47327. A person shall not use any gill net of a
greater measurement than 11 feet in depth in any of the waters of the Great
Lakes and the bays of the Great Lakes. In Lake Erie, a gill net shall not be
over 36 meshes deep.
(m) Gill nets having meshes not less
than 8 inches may be used for taking carp in Wildfowl Bay in Huron County.
(2) A person licensed under this part shall not have abandoned,
unattended, unreported lost, or unreported vandalized gear in the waters of the
Great Lakes.
(3) A peace officer shall seize all abandoned, unattended, unreported
lost, or unreported vandalized gear and that gear is forfeited unless reported
under subsection (4).
(4) Licensed commercial fishers that determine that their gear has been
vandalized or lost shall immediately notify the department. If the licensed
commercial fisher has notified the department that gear has been vandalized or
lost, on it being located, the licensed commercial fisher has no more than 14
days after that notification to retrieve the gear before seizure.
(5) A licensed commercial fisher that is convicted of having abandoned,
unattended, unreported lost, or unreported vandalized gear shall reimburse this
state for the value of the dead fish found in that gear in accordance with and
at amounts established by this part.
(6) A licensed commercial fisher that is convicted of having abandoned,
unattended, unreported lost, or unreported vandalized gear shall reimburse this
state for the cost incurred by the department for gear removal as determined by
the court.
Sec. 47310. (1) Except as provided in
subsections (2) and (3), within the jurisdiction of this state the holder of a
license or permit issued under this part shall not take, catch, or attempt to take
or catch any fish with a gill net, pound net, or trap net in Lake Erie and the
connecting waters of Lake Erie and Lake Huron, or in the portions of Lake
Michigan and Lake Huron located south of a line extending due east and west of
the forty-fifth parallel of latitude, or in the rivers and streams which
connect with any of the bodies of water described in this subsection from April
15 to September 15.
(2)
Subsection (1) does not apply to a license or permit holder who prior to
September 15, 1984 holds a license or permit issued under this part to take,
catch, or attempt to take or catch any fish with a gill net, pound net, or trap
net in those waters described in subsection (1). Fishing licenses described in
this subsection are not transferable without the permission of the department.
(3) The
department may issue a license or permit that authorizes the holder of the
license or permit to take, catch, or attempt to take or catch coregonus,
commonly known as chubs, with a gill net, pound net, or trap net as follows:
(a)
Except as provided in subdivision (b), in those waters described in subsection
(1) that exceed 240 feet in depth.
(b) In
those waters of Lake Michigan located south of a line extending due west of the
south pier of Grand Haven harbor that exceed 180 feet in depth.
(4) This
section does not apply after December 31, 1986.
(1) The
following fish species are authorized for commercial take and may be taken from
the waters of the Great Lakes open to commercial fishing:
(a) Lake
whitefish (Coregonus clupeaformis).
(b) Round
whitefish (Prosopium cylindraceum).
(c) Bloater
chubs (Coregonus hoyi).
(d) Cisco (Coregonus artedi).
(e) Rainbow
smelt (Osmerus mordax).
(f) Species
of the family Catostomidae, including quillback (Carpiodes Cyprinus), white sucker (Catostomus commersonii), longnose sucker (Catostomus Catostomus), northern hogsucker (Hypentelium nigricans), silver redhorse (Moxostoma anisurum), black redhorse (Moxostoma duquesnei), golden redhorse (Moxostoma erythrurum), shorthead redhorse (Moxostoma macrolepidotum), greater redhorse (Moxostoma valenciennesi), bigmouth buffalo (Ictiobus cyprinellus), and black buffalo (Ictiobus niger).
(g)
Freshwater drum (Aplodinotus grunniens).
(h) Burbot
(Lota lota).
(i) Gizzard
shad (Dorosoma cepedianum).
(j) Common
carp (Cyprinus carpio).
(k)
Catfishes of the family Ictaluridae, including black bullhead (Ameiurus melas), yellow bullhead (Ameiurus natalis), brown bullhead (Ameiurus nebulosus), channel catfish (Ictalurus punctatus), and flathead catfish (Pylodictis olivaris).
(l) White perch (Morone Americana).
(m) White
bass (Morone chrysops).
(n) Black
crappie (Pomoxis nigromaculatus) and white crappie (Pomoxis annularis).
(o) Rock
bass (Ambloplites rupestris).
(p) Yellow
perch (Perca flavescens).
(q) Lake
trout (Salvelinus namaycush).
(r) Walleye
(Sander vitreus).
(s) Alewife
(Alosa pseudoharengus).
(2) The
department may establish either gear-based or volume-based quotas based on
sound scientific estimates of fish populations through data gathering and
analysis within each commercial fishing zone open to commercial fishing that
allow for profitable commercial fishing enterprise and sustainable future
populations. A licensed commercial fisher shall keep track of its harvest and
immediately cease fishing upon reaching its assigned quota. Exceeding a quota
established by the director, whether intentional of not, is a violation of this
part.
(3) The
department shall do all of the following:
(a) By
October 1, request that each licensed commercial fisher provide input to the
department for quota amounts for the following year.
(b) Inform
each licensed commercial fisher in writing of that commercial fisher's proposed
quota for the following year by November 1.
(c) Send
notification of each licensed commercial fisher's proposed whitefish quota to
the chairs of the house and senate natural resources committees and the
governor.
(d) Send
notification to the senators and representatives who represent a district in
which there are ports where licensed commercial fishers operate of the quota of
each licensed commercial fisher that operates in that district.
(e) By
December 31, 2025 and each year thereafter, establish a total allowable harvest
for lake trout, walleye, and perch within the waters of the Great Lakes that
are under the jurisdiction of this state and allocate a portion of the total
allowable catch for each species within each management zone open to commercial
fishing based on the market demand for those species used for human consumption
and the opportunity for a licensee to fish in an economic and profitable
manner.
(f) Allow
for a licensee to take quota from any vessels listed under section 47304(5)(f).
(4) All
seasons must open and close at 12 noon on the dates established by the
department. All harvested fish must be landed at a port by no later than 2 p.m.
on the date the season closes.
(5) All
live fish on which the season is closed or is not authorized for harvest must
be returned to the water at once with as little injury as possible by the
person taking the fish. Any dead fish, on which the season is closed or is not
authorized for harvest, must be returned to the water at once by the person or
persons taking the fish or disposed of in accordance with any specific
instructions provided by the director.
(6) A
person shall not set any commercially licensed gear for the taking of fish
before 12 noon on the first day of the open season for taking the fish.
(7) A
person shall not sell or offer for sale at any time fish not listed in
subsection (1) when the fish was taken under a commercial fishing license
issued by this state. Any such fish, whether dead or alive, must at once be
returned to the waters from which it was taken by the person or persons taking
the fish with as little injury as possible.
(8) A
person shall not sell or offer for sale any fish not listed in subsection (1).
Sec. 47311. (1) A person shall not take from any of the waters listed in section
47301 any of the following:
(a) Lake trout, in Lake Huron and
Lake Michigan from October 1 to December 10; in Lake Superior from October 5 to
November 4.
(b) Whitefish, in Lake Huron, Lake
Michigan, and Lake Superior from November 1 to November 30.
(c) Pike-perch
(yellow pickerel), northern pike, Walleye from
April 1 to May 20. In Saginaw Bay, as defined in section 47339, a person shall
not take pike-perch walleye from March 5 to April 10. A person may spear pike-perch through the ice during the
closed season in Lake Huron and the connecting waters of the Great Lakes for
noncommercial use only.
(d) Perch, from April 15 to May 20.
In the waters of Lake Michigan only, a person may take perch from April 25 to
June 1. In Saginaw Bay, perch of legal size may be taken at any time. A person may take perch with hook and line at any time.
(e) White bass, in Lake Michigan at
any time of the year. A person may take white bass
with hook and line at any time.
(f) Suckers, from April 15 to May
20. In Saginaw Bay, suckers may be taken at any time. A person may take suckers with hook and line at any time.
(g) Black crappie, also known as
calico bass, in Lake Huron from June 1 to August 25. In Lake Erie, Lake
Michigan, and Lake Superior, black crappie may not be taken at any time.
(2) In
the waters of Green Bay of Lake Michigan within the jurisdiction of this state,
which for the purpose of this part are those waters lying inside a line drawn
from the most southerly part of Point Detour to the most easterly points of
Sumner and Poverty Islands, thence due south to the Michigan-Wisconsin boundary
line, thence along the boundary line to the shore, a person shall not from
April 15 to May 20 set, place, or use any gill net having meshes less than
4-1/2 inches. The department may issue permits under such rules and regulations
as prescribed by the department to allow the use of gill nets having meshes not
less than 2-1/4 inches or more than 2-3/4 inches for taking herring from the
waters of Green Bay from April 15 to May 20, if the nets will not interfere
with or take any other species of fish. The closed seasons established
by this section do not apply to Lake Erie and the lower Detroit River, where
nets shall not be set and fish of any kind shall not be taken with nets from
January 1 to March 10. A person may take carp with seines at any time from
these waters.
(3) In every case, the season shall
open and close at 12 noon on the dates named in this section.
(4) All live fish on which the
season is closed shall be liberated and returned to the water with as little
injury as possible, and any sound, dead fish, on which the season is closed,
shall be dressed, brought ashore, and delivered immediately to the department
at the department's fishing port. , which fish shall be disposed of in the same manner as
provided for the disposition of undersized fish in section 47309.
(5) A person shall not set nets or
hooks for the taking of lake trout or whitefish before the first day of the
open season for taking the fish, and the license of any person shall be
immediately revoked upon conviction of unlawfully setting nets before the first
day of the open season as provided in this part, and revocation shall prohibit
the use of boat and gear by that person during the balance of the year for
which a license was issued. A person engaged in the taking of fish for
commercial purposes from May 15 to September 15 under this part shall carry
sufficient ice and properly chill the fish at the time and place of their
removal from the waters.
(6) A licensee that retains more than 5% undersized fish at any given
time on board a vessel, truck, or fish storage facility is responsible for a
state civil infraction and must be ordered to pay a civil fine as follows:
(a) For a first violation during a license year, $200.00.
(b) For a second violation during a license year, $250.00.
(c) For a third and any subsequent violation during a license year,
$400.00.
(7) A person shall not possess on any vessel, or on any other conveyance
used to reach the nets from shore, any meat grinders or similar devices by the
use of which the identification of the species of fish or the measurement of
the individual fish is impossible. A person shall not possess on any vessel or
the ice, and shall not bring ashore, any fish that is so mutilated that
identification and measurement are impossible.
(8) A person shall not take, sell, or offer for sale any illegal fish.
(9) Imported fish species, if of a size, weight, or species prohibited
by the laws of the state, country, or tribal authority within those states or
countries where the fish were caught, or species prohibited as a transgenic or
nonnative organism by part 413, may not be possessed, transported, offered for
sale, or sold in this state.
Sec. 47312. The department may authorize
the taking of trout, whitefish, and yellow pickerel for the purpose of fish
culture at any time during the open or closed seasons provided in this part,
when it is determined by test nets set under the direction of the department
that at least 20% of the fish taken are females and at least 40% of these
females are ripe and ready to spawn. However, when all spawn needed for state
and federal hatcheries has been secured, the department may close all
commercial fishing during the remainder of the closed season. The department
may close all commercial fishing during the closed season on those grounds that
are so located as to prevent proper handling of spawn or where it appears that
little or no spawn is being taken.
(1) At the
time of landing, a person on a licensed commercial vessel shall not possess
fish roe that weighs more than 15% of the simultaneously landed dressed
carcasses of fish of the species from which the roe was taken.
(2) At the
time of landing, a person on a licensed commercial vessel shall not possess
fish viscera that weigh more than 20% of the simultaneously landed dressed
carcasses of fish of the species from which the viscera were taken.
Sec. 47313. All persons engaged in fishing
for whitefish, trout, yellow pickerel, or perch in the waters named in this
part shall from the beginning of the spawning season for these fish, such time
to be determined by test under the direction of the department, until the
beginning of the closed season provided by section 47311 and before and after
the closed season, strip all ripe fish, both male and female, save all of the
spawn, properly impregnate it, and deliver it to the department at its fishing
port, and all such persons shall have a sufficient number of people on each
boat and all the equipment needed properly to save, handle, impregnate, and
deliver such spawn. The saving, handling, impregnating, and delivering of spawn
shall be done under the direction of the department and in accordance with such
regulations and under such supervision as prescribed by the department.
However, the department shall not discriminate against any person engaged in
fishing during the closed or open season, having on each boat a sufficient
number of people and all the equipment needed properly to save, handle,
impregnate, and deliver such spawn at any port or fishing ground when it has
been determined that fish are ripe for spawning. This determination shall be
made by setting test nets on each fishing ground where spawn will be taken. A
person engaged in commercial fishing that fails to properly save, handle,
impregnate, and deliver such spawn during any period when spawn are ripe is
guilty of a violation of this part. A person shall not take from the waters of
the Great Lakes any lake or Mackinaw trout during the closed season established
by this part for those fish, except by the use of gill nets, trap nets, and
pound nets after tests have been made and the percentage of ripe fish secured
as provided for in section 47312.Except as otherwise provided in section 47311, a person
licensed and engaged in lifting commercial set hook lines in the open waters of
this state shall not take from the open waters of this state any undersized
fish. All undersized fish found on commercially licensed set hook lines must
immediately be returned to the water with as little injury as possible by the
person lifting the set hook lines.
Sec. 47314. The department shall deliver to
designated representatives of the United States bureau of fisheries and to the
state fish hatcheries as much of this spawn as may be desired by the bureau and
state hatcheries for propagation and planting in the waters of the lakes within
the jurisdiction of this state, and the remainder of the spawn shall be
properly impregnated and planted upon the spawning beds from which it was
taken. The persons so fishing shall plant upon the spawning beds the fry
hatched from such proportion of the spawn as may have been taken from the fish
caught by the persons when directed to do so by the department. A person
refusing or failing to comply with this section is guilty of a violation of
this part.
(1) Except
as otherwise provided in subsection (2), a person may not ship, accept for
shipment, transport, or cause to be transported any container, package, or box
containing any fish, without each container, package, or box being plainly and
correctly marked with the name of the consignor, the name of the consignee, and
the kinds and amount by weight of fish contained in the container, package, or
box.
(2) The
marking of each container, package, or box with the consignor and consignee
information required under subsection (1) is not required for multiple containers,
packages, or boxes containing fish or fish product being shipped to 1
destination within this state if these containers, packages, or boxes are
prepared as follows:
(a) All
individual containers, packages, or boxes are packaged or bound together in a
manner so that they will stay together as 1 unit in shipment.
(b) Each
bound unit is individually labeled as to the type and pounds of fish, fish
product, or roe. The label must be visible on all 4 sides of the unit,
correctly identify the consignor and consignee of the shipment, and state the
number of boxes or packages in the bound unit, the species of fish contained,
and the total weight of the fish or container.
(3) In
addition to subsections (1) and (2), an accurate bill of lading or an invoice
containing the name and address of the seller and buyer of the fish and the
point of origin of the fish and the number of containers, packages, or boxes
must accompany the shipment. The bill of lading or invoice must be available
for inspection and comparison to the cargo being shipped by any peace officer.
(4)
Subsections (1), (2), and (3) do not apply to a licensed commercial fisher that
is transporting fish directly from its landing ports to its fish house or to a
processor. A licensed commercial fisher must fill out a bill of lading or an
invoice indicating the number of containers, packages, or boxes being
transported for each species of fish. The bill of lading or invoice must
accompany the fish and be available for inspection and comparison to the cargo
being transported by any peace officer.
(5)
Subsections (1), (2), and (3) do not apply to a fish dealer that is
transporting fresh fish directly from a licensed commercial fisher's ports or
tribal licensed fisher's ports within this state. A fish dealer must fill out a
bill of lading or an invoice indicating the number of containers, packages, or
boxes being transported for each species of fish. The bill of lading or invoice
must accompany the fish and be available for inspection and comparison to the
cargo being transported by any peace officer.
(6) The
entire contents of a container, package, or box that contains any fish that is
illegal under this part is subject to seizure.
(7) The
entire catch of a licensed commercial fisher that contains any fish that is
illegal to take by that licensed commercial fisher under this part is subject
to seizure.
Sec. 47315. The
department, or a designee of the department acting in compliance with a permit
issued by the department, may take fish in any manner, in any of the waters
mentioned in this part, at any and all seasons of the year, for the purpose of
fish culture or scientific investigation; may have and hold ripe and unripe
fish in order to take spawn from the fish; may sell all of those ripe and
unripe fish; and may devote the proceeds of the sales exclusively toward
defraying the expenses incurred in taking the fish and fertilizing and planting
the spawn from the fish.A package or shipment
of illegal fish offered to any common carrier as described in section 47314 is
considered to be in the possession of the consignor until delivered to the
consignee. However, if any common carrier as described in section 47314 is not
able or refuses or neglects to show from whom the consignment of any shipment
of fish was received, the shipment is considered to be in the possession of the
common carrier having the shipment in transit, and that common carrier may be
proceeded against the same as the consignor.
Sec. 47316. A person shall not ship or
transport within this state any fish in packages or containers without plainly
and correctly marking each package or container with the name of the consignor
and the kinds of fish contained in the package. A railroad company, boat line,
express company, motor truck company, aerial freight or express company, or
other transportation company or common carrier, or any agent of any such
company, or the owner of any boat, airplane, car, truck or other vehicle
operated privately or as a common carrier, or the agent or representative of
such owners, shall not accept for shipment or transport any package or
container of fish unless it is properly marked as prescribed in this section.
The presence in any package or container of 10% by weight of any fish that is
illegal to ship shall make the entire contents of the package or container
subject to seizure as an illegal shipment.If the department opens any
package or shipment of fish in transit and finds that package or shipment is a
lawful package or shipment under this part, the department shall repack that
package or shipment in as good a condition as possible and release it without
further detainment.
Sec. 47317. The possession of any package
or shipment of illegal fish offered to any common carrier as described in
section 47316 shall be construed to be and shall remain in the consignor until
delivered to the consignee. However, if any common carrier as described in
section 47316 is not able or refuses or neglects to show from whom the
consignment of any shipment of fish was received, the shipment shall be
considered to be in possession of the common carrier having the shipment in
transit, and they may be proceeded against the same as the original owner.A licensed commercial fisher
taking fish in any of the waters mentioned in this part shall bring those fish
to the landing port listed on the fisher's license where they may be inspected
before processing.
Sec. 47319. (1) A person shall not market,
possess, transport, or offer for sale at any time in this state, whether caught
within or outside of this state, any of the following:
(a) Whitefish, of a
length less than 17 inches.
(b) Lake trout, of
a weight length less
than 1-1/2 pounds in the round, and 1-1/4 pounds
when dressed.17 inches.
(c) Ciscowet trout,
of a weight length less
than 1-1/2 pounds in the round.17 inches.
(d) Perch, of a
length less than 8-1/2 inches in the round and filleted
perch of a weight less than 1-3/4 ounces; perch with heads and tails off
of a length less than 5-1/2 inches.
(e) Suckers, of a
length less than 14 inches.
(f) Northern pike, of a length less than 20 inches.
(f) (g) Catfish,
of a length less than 17 inches. Catfish of not less than 15 inches in length
may be taken from the waters of Lake Erie.
(g) (h) Pike-perch (yellow pickerel), Walleye of a length less than 15-1/2 inches in the
round and filleted pike-perch (yellow pickerel) of a weight less
than 9 ounces. Pike-perch (yellow pickerel) not less than 13 inches in length
may be taken from Lake Erie. Pike-perch (yellow pickerel) not less than 13
inches in length taken from the waters of Lake Erie may be sold or offered for
sale at a dock or docks along Lake Erie. Any such pike-perch (yellow pickerel) walleye of a length less than 15-1/2 inches shall not be
otherwise offered for sale, bartered, or sold within the limits of the state.
(h) (i) Blue
pike, of a length less than 11 inches.
(i) (j) White
bass, of a length less than 9 inches.
(k) Sturgeon, of a length less than 42 inches.
(j) (l) Black crappie, of a length less than 7 inches.
(2) Imported commercial fish species and game fish if of a size or weight or species
not prohibited by the laws of the state or country where caught may be
possessed, transported, offered for sale, and marketed in this state, if either
of the following conditions are met:
(a) The fish are
processed outside the state and sold to consumers in the same package as
imported, and each package is labeled as a product of the state or country
where the fish were caught.
(b) A chain of
satisfactory evidence of importation is maintained through to the retailer who
sells to the consumer, in a manner prescribed by the department.
(3) The measurement
of the length of a fish within the meaning of this part shall be taken in a
straight line from the tip of the snout to the utmost end of the tail fin. For the purpose of this part, a "fish in the
round" is a fish that is entirely intact as it was taken out of the water
with no part removed by dressing. A "dressed fish" is a fish with the
head attached but with the gills and the entire gut or viscera (stomach, liver,
intestine, gonads) removed. A "filleted fish" is a fish with the
entire head, gut or viscera, gills, bones, scales, and all fins removed. The
measurements of length and weight as prescribed in this part apply without any
allowance made for the shrinkage of the fish. A person shall not possess on any
boat, or on any other conveyance used to reach the nets from shore, any meat
grinders or similar devices by the use of which the identification of the
species or measurement of the individual fish is impossible. A person shall not
bring ashore any fish that is so mutilated that identification and measurement
is impossible. A person shall not market, possess, or offer for sale any fish
illegally taken from the waters defined by this part.
Sec. 47320. A person engaged in lifting
pound nets, trap nets, or seines in the waters of this state shall not take
from the waters of this state any undersized fish, and all undersized fish
found in the nets fished in those waters shall be returned to the waters with
as little injury as possible by the person or persons lifting the net or nets.
For the purpose of this part, undersized fish are fish of a smaller size than
established by this part.If a person submits an application under section 47304, the
department shall issue the license provided for in this part on payment by the
applicant of the following fees:
(a) For a
commercial fishing license without a listed vessel, an annual fee of the
following:
(i) In 2025 through 2030, $250.00.
(ii) In 2031 through 2040, $300.00.
(iii) In 2041 and each year thereafter, $350.00.
(b) For a
commercial fishing license that includes 1 or more listed vessels, an annual
fee of the following:
(i) In 2025 through 2030, $1,500.00.
(ii) In 2031 through 2040, $1,600.00.
(iii) In 2041 and each year thereafter, $1,700.00.
(c) In
addition to the license fees under subdivision (a), a licensee shall pay
additional license fees as calculated under section 47302(4) for species
harvested under section 47310(3)(e) and reported under section 47318. The
department shall provide invoices monthly to a licensee, payable within 30
days. A licensee that does not pay the invoices is subject to the following:
(i) For an invoice not paid within 30 days of the invoice
being issued, a civil fine equal to 1% of the total of the invoice.
(ii) For an invoice not paid within 60 days of the invoice
being issued, a civil fine equal to 3% of the total of the invoice.
(iii) For an invoice not paid within 90 days of the invoice
being issued, a civil fine equal to 10% of the total of the invoice. In
addition, the department may suspend the license of any licensee that has not
paid an invoice as provided under this subparagraph.
(d) Commercial
fishing license 1122 shall be transferred from Saginaw Bay and authorized to
commercially fish grids 1514, 1515, 1614, 1615, 1714, and 1715 allowing all
whitefish 17 inches and longer to be retained.
Sec. 47321. (1) A person shall not take or catch with any kind of a net or
other device used in commercial fishing in any of the waters mentioned in this
part, any of the following:
(a) Largemouth black bass, Huro salmoides.Micropterus
salmoides.
(b) Smallmouth black bass, Micropterus dolomieu.Micropterus
dolomieu.
(c)
White crappie, also known as strawberry bass, Pomoxis annularis.
(c) (d) Bluegill, Lepomis macrochirus.Lepomis macrochirus.
(d) (e) Common sunfish, Lepomis
gibbosus.Lepomis gibbosus.
(e) (f) Brook or speckled trout, Salvelinus
fontinalis.Salvelinus fontinalis.
(f) (g) Rainbow and steelhead trout, Salmo
gairdnerii.Oncorhynchus mykiss.
(g) (h) Brown and Loch Leven trout, Salmo
trutta.Salmo trutta.
(h) (i) Muskellunge, Esox masquinongy.Esox masquinongy.
(i)
Atlantic landlocked salmon, Salmo salar sebago.
(j)
Grayling, Thymallus
arcticus.
(k)
Northern pike, Esox lucius.
(l) Lake sturgeon, Acipenser fulvescens.
(m) Splake,
Salvelinus
fontinalis
× Salvelinus
namaycush.
(n) Coho
salmon, Oncorhynchus
kisutch.
(o) Chinook
salmon, Oncorhynchus
tshawytscha.
(p) Pink
salmon, Oncorhynchus
gorbuscha.
(2) In
addition to the prohibition in subsection (1), a person shall not sell or offer
for sale or possess at any time any of the fish listed in subsection (1) unless
otherwise provided by law. Any such fish, whether dead or alive, shall at once
be returned to the waters from which taken by the person or persons taking the
fish.On payment of the fee provided for in
section 47320, the department shall issue to a person a printed or written
license signed by the department setting forth the date the license was issued,
to whom the license was issued, the date on which the license will expire, the
name, number, and the kind of vessel, and the number of and kind of nets for
which the license was issued. The department, on application and the payment of
a fee of $25.00, may amend a license previously issued for the current fishing
year to do any of the following:
(a) Permit
the transfer of a license to a larger or a smaller boat or to any boat, tug, or
launch during a period of time that the licensed vessel is disabled and
undergoing repairs.
(b) In case
of sale, transfer the license to the new owner or owners.
(c) In case
of the loss of a vessel by fire, collision, or otherwise, for which a license
has been issued, transfer the license to any similar vessel to which the
licensee may acquire title.
(d)
Transfer a landing port listed on the license to a new location.
Sec. 47322. A person shall not set or use
nets, set hook lines, or any other continuous device in any of the waters
mentioned in this part without marking its location by buoys and identifying
the nets or other devices by showing the license number in plain figures upon
the bowls of the buoys of the person using the nets, set lines, or other
devices; the license number to be attached to all gill net buoys; to the stakes
at the heart or pot of pound nets; to the lifting buoy of trap nets, where the
heart and pot are set below the surface of the water; to a buoy at the point of
heart or pot of fyke nets where the cover of the hearts or pots comes to the
surface of the water. However, when any of the nets, set hook lines, or other
devices are set under the ice, their location shall be marked by a stake
extending not less than 4 feet above the ice at each end of the net or nets,
set hook lines, or other continuous device and the license number, in legible
figures, shall be attached to each stake or to the ends of the net or nets, set
hook line, or other device.The department shall keep a record of all applications and
licenses under this part. On the first day of each month, the department shall
forward to the state treasurer all money received by the department under this
part, and the treasurer shall credit the money to the game and fish protection
account established in section 2010.
Enacting section 1.
Sections 46102, 47301a, 47330 to 47334, 47901 to 47905, and 48901 of the
natural resources and environmental protection act, 1994 PA 451, MCL 324.46102,
324.47301a, 324.47330 to 324.47334, 324.47901 to 324.47905, and 324.48901, are
repealed.
Enacting section 2. This amendatory act does not take
effect unless House Bill No. 5802 (request no. H03970'25) of the 103rd
Legislature is enacted into law.