TAKING OF FISH WITH NETS

House Bill 5883 as reported without amendment

Sponsor:  Rep. Joel Johnson

Committee:  Natural Resources, Tourism, and Outdoor Recreation

Complete to 11-29-12                                                             (Enacted as Public Act 471 of 2012)

A SUMMARY OF HOUSE BILL 5883 AS REPORTED FROM COMMITTEE 11-27-12

The bill would amend Part 487 (Sport Fishing) of the Natural Resources and Environmental Protection Act to allow the Department of Natural Resources to issue an order regulating the taking of fish with nets.  (MCL 324.48703)

Specifically, the bill would eliminate conditions under which hand nets, dip nets, setover nets, trammel nets, and hoop nets could be used to take fish.  In lieu of these specific conditions, the DNR would be given authority to issue an order regulating the taking of fish with any type of net.

FISCAL IMPACT:

House Bill 5883 would have no fiscal impact on the Department of Natural Resources or local units of government.

BACKGROUND INFORMATION AND DISCUSSION:

Currently, Section 48703 of NREPA establishes time periods during which specific types of nets can be used to take certain types of fish, including suckers.  According to testimony, the statutorily established fishing seasons are no longer coinciding with the actual dates that suckers are running.  As a result, by the time the season actually opens, there is little to no opportunity to catch suckers, as they have moved to different locations and are no longer able to be caught with nets.  The bill would remedy this situation by eliminating the specific references to dates in the statute and allowing the Department of Natural Resources to issue an order regulating the taking of fish with nets.  Doing so would allow the DNR to establish appropriate fishing seasons that coincides with the actual time periods when fishing with nets is possible.

POSITIONS:

Michigan Department of Natural Resources supports the bill. (11-27-12)

Michigan United Conservation Clubs supports the bill. (11-27-12)

Officials and residents from Omer, Michigan, testified in support of the bill. (11-27-12)

                                                                                         Legislative Analyst:   Jeff Stoutenburg

                                                                                                 Fiscal Analyst:   Viola Bay Wild

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.