HB-6271, As Passed Senate, September 25, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6271

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 48701 and 48703 (MCL 324.48701 and 324.48703),

section 48701 as amended by 2003 PA 270 and section 48703 as added

by 1995 PA 57; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 48701. As used in this part:

     (a) "Amphibian" means any frog, toad, or salamander of the

class amphibia.

     (b) "Crustacea" means any freshwater crayfish, shrimp, or

prawn of the order decapoda.

(c) "Dip net" means a square net that is constructed from a

piece of webbing of heavy twine, hung on heavy cord or frame so as

to be without sides or walls, and suspended from the corners and

attached in such a manner that when the net is lifted no part is

more than 4 feet below the plane formed by the imaginary lines

connecting the corners from which the net is suspended. As used in

fishing, it shall be lowered and raised vertically as nearly as

possible.

     (d) (c) "Game fish" includes all of the following:

     (i) Mackinaw or lake Lake trout (Salvelinus namaycush).

     (ii) Brook or speckled trout (Salvelinus fontinalis).

     (iii) Brown and Loch Leven trout (Salmo trutta).

     (iv) Rainbow and or steelhead trout (Oncorhynchus mykiss).

     (v) Landlocked Atlantic landlocked salmon (Salmo salar

sebago).

     (vi) Grayling (Thymallus arcticus).

     (vii) Largemouth black bass (Micropterus salmoides).

     (viii) Smallmouth black bass (Micropterus dolomieu).

     (ix) Bluegill (Lepomis macrochirus).

     (x) Pumpkinseed or common sunfish (Lepomis gibbosus).

     (xi) Black crappie and white crappie, also known as calico bass

and strawberry bass (Pomoxis nigromaculatus and Pomoxis annularis).

     (xii) Yellow perch , commonly called perch (Perca flavescens).

     (xiii) Pike-perch, commonly called walleyed pike (Stizostedion

vitreum) Walleye (Sander vitreous).

     (xiv) Northern pike , also known as grass pike or pickerel

(Esox lucius).

     (xv) Muskellunge (Esox masquinongy).

     (xvi) Sturgeon Lake sturgeon (Acipenser fulvescens).

     (xvii) Splake (Salvelinus namaycush x Salvelinus fontinalis).

     (xviii) Coho salmon (Oncorhynchus kisutch).

     (xix) Chinook (King) salmon (Oncorhynchus tshawytscha).

     (xx) Pink salmon (Oncorhynchus gorbuscha).

(e) (d) "Genetically engineered" refers to a fish whose

genome, chromosomal or extrachromosomal, is modified permanently

and heritably, using recombinant nucleic acid techniques.

(f) "Hand net" means a mesh bag of webbing or wire suspended

from a circular, oval, or rectangular frame attached to a handle.

     (g) (e) "Inland waters of this state" means the waters within

the jurisdiction of the state except Saginaw river, Lakes Michigan,

Superior, Huron, and Erie, and the bays and the connecting waters.

The connecting waters between Lake Superior and Lake Huron are that

part of the Straits of St. Mary in this state extending from a line

drawn from Birch Point Range front light to the most westerly point

of Round Island, thence following the shore of Round Island to the

most northerly point thereof, thence from the most northerly point

of Round Island to Point Aux Pins light, Ontario, to a line drawn

due east and west from the most southerly point of Little Lime

Island. The connecting waters of Lake Huron and Lake Erie are all

of the St. Clair river, all of Lake St. Clair, and all of the

Detroit river extending from Fort Gratiot light in Lake Huron to a

line extending due east and west of the most southerly point of

Celeron Island in the Detroit river.

(h) (f) "Mollusks" means any mollusk of the classes bivalvia

and gastropoda.

(i) (g) "Nongame fish" includes all kinds of fish except game

fish.

(j) (h) "Nonresident" means a person who is not a resident.

(k) (i) "Nontrout streams" means all streams or portions of

streams other than trout streams.

(l) (j) "Open season" means the time during which fish may be

legally taken or killed and includes both the first and last day of

the season or period designated by this part.

(m) (k) "Recombinant nucleic acid techniques" means laboratory

techniques through which genetic material is isolated and

manipulated in vitro and then inserted into an organism.

(n) (l) "Reptiles" means any turtle, snake, or lizard of the

class reptilia.

(o) (m) "Resident" means either of the following:

     (i) A person who resides in a settled or permanent home or

domicile with the intention of remaining in this state.

     (ii) A student who is enrolled in a full-time course at a

college or university within this state.

(p) (n) "Trout lake" means a lake designated by the department

in which brook trout, brown trout, or rainbow trout are the

predominating species of game fish. The department may designate

certain trout lakes in which certain species of fish are not

desired and in which it is unlawful to use live fish of any kind

for bait.

(q) (o) "Trout stream" means any stream or portion of a stream

that contains a significant population of any species of trout or

salmon as determined by the department. The department shall

designate not more than 212 miles of trout streams in which only

lures or baits as the department prescribes may be used in fishing,

and the department may prescribe the size and number of fish that

may be taken from those trout streams. The department shall not

restrict children under 12 years old from taking a minimum of 1

fish, except for lake sturgeon (Acipenser fulvescens), in any trout

stream. Any trout stream in a county that includes a city with a

population of 750,000 or more shall be so designated. In addition,

the department shall issue an order adopting criteria for

determining which trout streams should be so designated. Before the

department issues the order, the department shall submit the

proposed order to the commission. The commission shall receive

public comment on the proposed order. The department shall consider

any guidance provided by the commission on the proposed order and

may make changes to the proposed order based on that guidance.

     Sec. 48703. (1) A person shall not take, catch, or kill or

attempt to take, catch, or kill a fish in the waters of this state

with a spear or grab hook, snag hook, or gaff hook, by the use of

jack or artificial light, by the use of a set or night line or a

net or firearm or an explosive substance or combination of

substances that have a tendency to kill or stupefy fish, or by any

other means or device other than a single line or a single rod and

line while held in the hand or under immediate control, and with a

hook or hooks attached, baited with a natural or artificial bait

while being used for still fishing, ice fishing, casting, or

trolling for fish, which is a means of the fish taking the bait or

hook in the mouth. A person shall not use more than 2 3 single

lines or 2 3 single rods and lines, or a single line and a single

rod and line, and shall not attach more than 4 6 hooks on all

lines. The department shall have the authority to decrease the

number of rods per angler. However, the department shall not reduce

the number of rods per angler to less than 2. For the purposes of

this part, a hook is a single, double, or treble pointed hook. A

hook, single, double, or treble pointed, attached to a manufactured

artificial bait shall be counted as 1 hook. The department may

designate waters where a treble hook and an artificial bait or lure

having more than 1 single pointed hook shall not be used during the

periods the department designates. In the Great Lakes or recognized

smelt waters, any numbers of hooks, attached to a single line, may

be used for the taking of smelt, alewife, or other bait fish.

     (2) A person shall not set or use a tip-up , paddle, or other

similar device for the purpose of taking fish through the ice

unless the name and address of the person owning the tip-up ,

paddle, or other similar device is marked in legible English on the

tip-up , paddle, or other similar device or securely fastened to it

by a plate or tag.

     (3) A spear or bow and arrow may be used from April 1 to May

31 in the Lower Peninsula and during the month of May in the Upper

Peninsula for taking carp, suckers, redhorse, mullet, dogfish, and

garpike in the rivers and streams of this state. The department may

designate a county, stream, or a portion of a stream in which a

jack or other artificial light may be used in taking fish with a

spear or bow and arrow only. A person shall not use or possess a

spear or bow and arrow in, upon, or along any trout stream in this

state, except in a stream or portion of a stream that is designated

by the department for the taking of carp, suckers, redhorse,

mullet, dogfish, and garpike. A person may spear carp, suckers,

mullet, redhorse, sheepshead, lake trout, smelt, northern pike,

muskellunge, whitefish, ciscoes, pilot fish or Menominee whitefish,

sturgeon, catfish, bullheads, dogfish, and garpike through the ice

during the months of January and February in the inland waters of

this state not otherwise closed to spearing. The department may

designate certain inland waters in which a spear or bow and arrow

may be used, with or without artificial light, for the taking of

carp, dogfish, and garpike during the periods from May 1 to August

15 in each year. The department may designate a trout lake, trout

stream, or a portion of a trout stream in which a spear may be used

through the ice. The department may designate certain waters in

which a rubber or spring propelled spear may be used for the taking

of carp, dogfish, garpike, and suckers, but only when the person

using the spear is swimming or submerged in the water and has the

spear under control by means of an attached line not exceeding 20

feet in length. A person may use a spear or bow and arrow for the

taking of carp, suckers, mullet, redhorse, sheepshead, lake trout,

smelt, northern pike, muskellunge, sturgeon, whitefish, ciscoes,

pilot fish or Menominee whitefish, catfish, bullheads, herring,

perch, pike-perch, shad, dogfish, and garpike through the ice with

or without jack or other artificial lights in the connecting waters

of the Great Lakes, except that a jack or other artificial light

shall not be used in the connecting waters between Lake Erie and

Lake Huron. In the connecting waters between Lakes Huron and Erie,

a person may take carp, dogfish, and garpike with a spear or bow

and arrow without the use of artificial light. All species of fish

except largemouth and smallmouth black bass, crappies, bluegills,

sunfish, brook or speckled trout, rainbow and steelhead trout,

brown and Loch Leven trout, muskellunge, or sturgeon may be taken

with a spear or bow and arrow with or without the use of a jack or

other artificial light from the waters of the Great Lakes not

otherwise closed to spearing except that species of commercial fish

shall not be taken in this manner during a closed season

established under the laws governing commercial fishing. Other than

with seines for the taking of carp, a person shall not fish in the

waters of the Lake Huron between Pointe-Aux Barques light and

Harbor Beach within 1 mile of the shoreline except with a hook and

line. The department may issue an order to regulate the taking of

fish with a spear or bow and arrow in the waters of this state.

     (4) A hand net may be used from March 1 to May 31 for taking

smelt, suckers, mullet, carp, dogfish, and garpike. The department

may designate the waters where the fish may be taken and the time

within the dates when the fish may be taken. For the purpose of

this part, "hand net" means a mesh bag of webbing or wire suspended

from a circular, oval, or rectangular frame attached to a handle.

     (5) A dip net without sides or walls and not exceeding 9 feet

square may be used in the nontrout rivers and streams and in other

rivers and streams or portions of the rivers and streams designated

by the department from April 1 to May 31 in the Lower Peninsula and

during the month of May in the Upper Peninsula for the purpose of

taking suckers, mullet, smelt, carp, dogfish, and garpike. For the

purpose of this part, "dip net" means a square net that is

constructed from a piece of webbing of heavy twine, hung on heavy

cord or a frame so as to be without sides or walls, and suspended

from the corners and attached in such a manner that when the net is

lifted no part is more than 4 feet below the plane formed by the

imaginary lines connecting the corners from which the net is

suspended. As used in fishing, it shall be lowered and raised

vertically as nearly as possible.

     (6) A person desiring to fish with a dip net shall first

obtain a permit from the department. A dip net shall not be erected

or fished within 100 feet of a dam. The name and address of the

person setting, using, or having control over the dip net

equipment, including frame, boom, supporting members, and temporary

buildings, shall be plainly marked in legible English on the dip

net equipment or securely fastened to it by a plate or tag. Dip net

equipment and a temporary building erected and used pursuant to

this subsection that are located on public land or the land of

another person shall be removed prior to June 10 of each year

unless maintained with proper permission of the landowner. This

subsection does not authorize the erection or fishing of a dip net

on the land or premises of another person without proper permission

from the landowner.

     (7) A setover net not exceeding 5 feet in diameter may be used

from March 15 to May 15 for the purpose of taking suckers from an

inland lake designated by the department.

     (8) A trammel net not exceeding 12 feet in length may be used

from April 1 to May 31 for taking carp, suckers, redhorse, mullet,

dogfish, and other nongame fish in the Tittabawassee river and its

tributaries down from the dam at Sanford, down from the dam at St.

Louis, and down from the dam at Mt. Pleasant, and in the Shiawassee

river and its tributaries down from the dam at Chesaning in Saginaw

county. A person shall not take more than 100 of these fish in 1

day.

     (9) A spear or bow and arrow may be used during the daytime

and with a light at night from May 15 to June 24 for the taking of

carp and suckers in the Tittabawassee river and its tributaries,

and in the Tobacco river and its tributaries, not previously

designated by the department as a trout stream in Gladwin and

Midland counties.

(9) (10) A hoop net may be used between the dates of December

15 and February 28 in the river or stream or portion of a river or

stream designated by the department for the taking of burbot

(lawyers).

     Enacting section 1. Section 48726 of natural resources and

environmental protection act, 1994 PA 451, MCL 324.48726, is

repealed.