HB-5053, As Passed House, September 27, 2012HB-5053, As Passed Senate, September 27, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5053

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 48729 (MCL 324.48729), as added by 1995 PA 57.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 48729. A person shall not do any of the following:

     (a) Take or possess minnows, wigglers, or crayfish for

commercial purposes from any of the waters over which this state

has jurisdiction; import minnows, wigglers, or crayfish for

commercial purposes from outside of this state; or transport

minnows, wigglers, or crayfish without having first procured a

license as provided in section 48732. A license, except a license

to fish in the waters of this state as provided in part 435, is not

required of persons taking minnows, wigglers, or crayfish for their

individual use for bait. A person shall not set or use minnow traps

for the taking of minnows, wigglers, or crayfish for any purpose

unless the name and address of the user is on the trap.

     (b) Transport outside Export out of this state any minnows,

wigglers, or crayfish, dead or alive, taken either in or outside of

this state unless that person holds a permit issued under this

subdivision. The department, upon receipt of a payment of $25.00,

may issue a permit, revocable by the department, under such

regulations as the department prescribes, to any resident licensed

as provided for in section 48732, enabling that person to transport

outside of this state minnows, wigglers, or crayfish preserved in

liquid and bottled for fish bait. The department may limit to 15 or

fewer days of any 1 year the taking of minnows by a licensed person

for preservation for fish bait purposes. that were harvested from

waters outside of Michigan's jurisdictional border and imported

wholesale across that border. Minnows, wigglers, and crayfish taken

from Michigan's jurisdictional waters may not be exported from this

state. Imported wholesale minnows, wigglers, and crayfish shall be

held separately from any minnows, wigglers, or crayfish taken from

Michigan's jurisdictional waters. A person holding a permit as

provided in this subdivision shall allow the department to inspect

his or her books and records at any reasonable time. and

transporting wholesale minnows, wigglers, or crayfish shall produce

documentation that contains the origin of the shipment,

registration or permit copies, documentation demonstrating the

shipment's destination, and any other proof that may be required by

the department, upon demand of the director or a law enforcement

officer. A permit issued pursuant to under this subdivision may be

revoked by the department upon good cause and shall expire on

December 31 following the date of issuance unless the license is

revoked prior to before that date.

     (c) Use or attempt to use live goldfish or carp for bait in

fishing.

     (d) Offer for sale or use lamprey for bait in fishing.

     (e) Take, possess, or transport minnows, wigglers, or crayfish

for commercial purposes from any of the waters over which this

state has jurisdiction unless the taker is a resident of this state

and holds a permit or license as required by law.