HOUSE BILL No. 4452


     March 6, 1997, Introduced by Reps. Prusi, Callahan, Anthony, Gire, Hanley, Agee, Kelly, Tesanovich, Leland, Varga, Scott and Parks and referred to the Committee on Conservation, Environment and Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amended sections 46503, 46506, 46507, and 46508 (MCL

   324.46503, 324.46506, 324.46507, and 324.46508) as added by 1995

   PA 57.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 46503.  A person who sets, places, erects, or causes to

 2    be set, placed, or erected a fishing shanty upon the ice of any

 3    waters of counties located within the Upper Peninsula, or the

 4    waters of the Great Lakes adjacent to the Upper Peninsula, shall

 5    remove the fishing shanty before ice conditions are unsafe for

 6    its removal.  However, except as provided in section 46506, the

 7     fishing shanty shall not remain on the ice beyond  PERSON SHALL

 8    REMOVE THE FISHING SHANTY BY 12 midnight,  March 31  APRIL 21, of

 9    any year.


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 1         Sec. 46506.  (1) BASED ON WEATHER CONDITIONS, THE DEPARTMENT

 2    MAY ISSUE AN ORDER EXTENDING THE DATE AFTER WHICH A FISHING

 3    SHANTY MAY NOT REMAIN ON THE ICE UNDER SECTION 46503, 46504,

 4    46505, OR 46507.  THE ORDER SHALL ONLY APPLY TO A SINGLE ICE

 5    FISHING SEASON.  THE DEPARTMENT MAY SUBSEQUENTLY ISSUE AN ORDER

 6    AMENDING OR REVOKING THE EXTENSION ORDER.  AN ORDER ISSUED UNDER

 7    THIS SECTION DOES NOT RELIEVE THE PERSON PLACING A FISHING SHANTY

 8    OF THE RESPONSIBILITY OF ASSURING THAT ICE CONDITIONS ARE SAFE.

 9    THE STATE IS NOT LIABLE FOR DAMAGES THAT RESULT FROM SETTING,

10    PLACING, OR ERECTING A FISHING SHANTY, OR CAUSING OR ATTEMPTING

11    THE SETTING, PLACING, OR ERECTING OF A FISHING SHANTY PURSUANT TO

12    AN ORDER ISSUED UNDER THIS SECTION.

13         (2) After the  dates  DATE listed in  sections  SECTION

14    46503, 46504,  and  46505, OR 46507, AS APPLICABLE, AND SUBJECT

15    TO ANY EXTENSION OF THAT DATE UNDER SUBSECTION (1), a person may

16    place and use a fishing shanty for the purposes of fishing if the

17    fishing shanty is removed from the ice at the conclusion of each

18    day's fishing activity.

19         Sec. 46507.  A person who sets, places, erects, or causes to

20    be set, placed, or erected any fishing shanty upon the ice of

21    lake St. Clair within the jurisdiction of this state shall remove

22    the fishing shanty before ice conditions are unsafe for its

23    removal.  or  HOWEVER, EXCEPT AS PROVIDED IN SECTION 46506, THE

24    PERSON SHALL REMOVE THE FISHING SHANTY before sundown on the

25    first Sunday after February 20.  and on a daily basis following

26     that date.  Failure to remove a fishing shanty within the time

27     specified in this section is a violation of this part, and the



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 1    department or the local unit of government may then authorize the

 2     removal and storage or destruction of the fishing shanty. 

 3         Sec. 46508.  (1) A local unit of government shall not pass

 4    an ordinance, rule, or regulation regulating the placement, use,

 5    marking, or removal of a fishing shanty on the ice of any waters

 6    over which this state has jurisdiction.  An ordinance, rule, or

 7    regulation described in this section that is in effect on

 8    April 1, 1994 is void.  However, if 

 9         (2) IF a person fails to remove a fishing shanty  within the

10     time  BY THE DATE specified in  sections  SECTION 46503, 46504,

11     and  46505, OR 46507, AS APPLICABLE, AND SUBJECT TO ANY EXTEN-

12    SION OF THAT DATE UNDER SECTION 46506(1), a local unit of govern-

13    ment OR THE DEPARTMENT may remove the fishing shanty from the ice

14    or water and store or destroy the fishing shanty.





























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