SB-0054, As Passed House, March 25, 2015

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 54

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 40112 and 48703a (MCL 324.40112 and

324.48703a), section 40112 as amended by 1996 PA 316 and section

48703a as amended by 2014 PA 281.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 40112. (1) ~~A person~~ An individual shall not obstruct or

interfere in the lawful taking of animals or fish by another

~~person.~~individual.

(2) ~~A person~~ An individual violates this section when the

~~person~~ individual intentionally or knowingly does any of the

following:

(a) Drives or disturbs animals or fish for the purpose of

disrupting a lawful taking.

(b) Blocks, impedes, or harasses another ~~person~~ individual who

is engaged in the process of lawfully taking an animal or fish.

gustatory, or physical stimulus or an unmanned vehicle or unmanned

device that uses aerodynamic forces to achieve flight or that

operates on the surface of the water or underwater, to affect

animal or fish behavior in order to hinder or prevent the lawful

taking of an animal or a fish.

(d) Erects barriers to deny ingress or egress to areas where

the lawful taking of animals or fish may occur. This subdivision

does not apply to ~~a person~~ an individual who erects barriers to

prevent trespassing on his or her property.

(e) Interjects himself or herself into the line of fire of a

~~person~~ an individual lawfully taking wildlife.

(f) Affects the condition or placement of personal or public

property intended for use in the lawful taking of an animal or a

fish in order to impair the usefulness of the property or prevent

the use of the property.

(g) Enters or remains upon private lands without the

permission of the owner or the owner's agent, for the purpose of

violating this section.

(h) Engages in any other act or behavior for the purpose of

violating this section.

(3) Upon petition of an aggrieved person or ~~a person~~ an

individual who reasonably may be aggrieved by a violation of this

section, a court of competent jurisdiction, upon a showing that a

~~person~~ an individual was engaged in and threatens to continue to

engage in illegal conduct under this section, may enjoin that

conduct.

(4) ~~A person~~ An individual who 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 $1,000.00,

or both, and the costs of prosecution. ~~A person~~ An individual who

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 $2,500.00, or

both, and the costs of prosecution. In addition to the penalties

provided for in this subsection, any permit or license issued by

the department authorizing the ~~person~~ individual to take animals or

fish shall be revoked. 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 his or her lawful duties.

Sec. 48703a. (1) The legislature finds and declares that

aquatic invasive species, including Asian carp, represent a

significant threat to the state's fisheries, aquatic resources,

outdoor recreation and tourism economies, and public safety.

(2) The ~~natural resources~~ commission has the exclusive

authority to regulate ~~the taking of fish in this state.~~ sport

fishing under this part. The ~~natural resources~~ commission shall, to

the greatest extent practicable, utilize principles of sound

scientific management in making decisions regarding the ~~taking of~~

~~fish.~~ regulation of sport fishing under this part. The ~~natural~~

~~resources~~ commission may take testimony from department personnel,

independent experts, and others, and review scientific literature

and data, among other sources, in support of ~~its~~ the commission's

duty to use principles of sound scientific management. The ~~natural~~

~~resources~~ commission shall issue orders regarding the ~~taking of~~

~~fish~~ regulation of sport fishing under this part following a public

meeting and an opportunity for public input. Not less than 30 days

before issuing an order, the ~~natural resources~~ commission shall

provide a copy of the order to each of the following:

(a) Each member of each standing committee of the senate or

house of representatives that considers legislation pertaining to

conservation, the environment, natural resources, recreation,

tourism, or agriculture.

(b) The chairperson of the senate appropriations committee and

the chairperson of the house of representatives appropriations

committee.

appropriations committee and the subcommittee of the house of

representatives appropriations committee that consider the budget

of the department of natural resources.

(3) ~~(d)~~ For the fiscal year ending September 30, 2015, there

is appropriated for the department the sum of $1,000,000.00 to

implement management practices necessary for rapid response,

prevention, control, ~~and/or~~ or elimination of aquatic invasive

species, including Asian carp. Any portion of the amount under this

section that is not expended in the fiscal year ending September

30, 2015 shall not lapse to the general fund but shall be carried

forward in a work project account that is in compliance with