SENATE BILL No. 1070

September 8, 2016, Introduced by Senators ZORN and JONES and referred to the Committee on Outdoor Recreation and Tourism.

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 48714a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 48714a. (1) Beginning March 1, 2017, an individual shall

not act as a commercial fishing guide on the inland waters of this

state unless that individual possesses both of the following:

     (a) A valid permit issued under subsection (2).

     (b) A valid fishing license.

     (2) To obtain a permit to act as a commercial fishing guide,

an individual shall submit the application fee described in section

48714b and an application to the department containing the

applicant's name, date of birth, and address of his or her primary

residence. The application shall be on a form provided by the

department. The department shall grant a permit to an individual if

the department determines all of the following:

     (a) That the individual holds a valid certification in first

aid and cardiopulmonary resuscitation issued by the American Red

Cross, the American Heart Association, or a comparable organization

as approved by the department.

     (b) That the individual is covered by commercial general

liability insurance with limits of not less than $300,000.00 per

claim and $1,000,000.00 aggregate, for the period that the permit

is valid.

     (c) The person has a valid, lawfully obtained Michigan driver

license issued under the Michigan vehicle code, 1949 PA 300, MCL

257.1 to 257.923, an official state personal identification card

issued under 1972 PA 222, MCL 28.291 to 28.300, or a sportcard

issued under section 43522.

     (d) The individual has not been convicted of violating any of

the following within the past 5 years:

     (i) A violation of this part or part 435, 445, or 487.

     (ii) A violation of an order or interim order issued under

this part or part 435, 445, or 487.

     (iii) Any felony.

     (3) An individual shall not act as a commercial fishing guide

on commercial forestland.

     (4) A permit issued under this section is valid for 3 years

after the date it is issued. The department may revoke a permit

under this section, after notice and opportunity for hearing

pursuant to the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328, for any of the following reasons:

     (a) The department determines that an individual is not

eligible to hold a permit under this section.

     (b) The individual provides false information under this

section.

     (c) The individual fails to file an annual report under

subsection (5), and that report remains unfiled for more than 90

days after it is due.

     (5) A commercial fishing guide shall file monthly reports and

an annual report to the department, in a format determined by the

department, that contain information related to all of the

following:

     (a) The counties of this state where the individual acted as a

commercial fishing guide.

     (b) The species of fish for which the individual acted as a

commercial fishing guide.

     (c) The number of clients that the commercial fishing guide

had during the year.

     (d) The number of fish caught and released and the number of

fish harvested by the clients of the commercial fishing guide.

     (e) The bodies of water where the individual acted as a

commercial fishing guide.

     (f) Any additional information the department requires

regarding the biological characteristics of the fish caught and

released or harvested.

     (6) Information submitted in reports under subsection (5) is

confidential and is not subject to disclosure under the freedom of

information act, 1976 PA 442, MCL 15.231 to 15.246.

     (7) An individual who acts as a commercial fishing guide

without a valid permit issued under this section is subject to a

civil fine of $2,000.00. An individual who acts as a commercial

fishing guide without a valid permit issued under this section a

second or subsequent time is subject to a civil fine of $4,000.00.

A civil fine collected under this subsection shall be deposited in

the game and fish protection account established in section 2010.

     (8) An individual who provides false information to the

department under this section is guilty of a misdemeanor punishable

by imprisonment for not more than 180 days or a fine of not less

than $1,000.00 or more than $2,500.00, or both, and the costs of

prosecution.

     (9) As used in this section, "commercial fishing guide" means

an individual who, for a fee or other consideration of value of

more than $150.00, provides assistance to another individual in

pursuing, capturing, catching, killing, taking, or attempting to

take fish.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

     (a) Senate Bill No.____ or House Bill No.____ (request no.

05555'16).

     (b) Senate Bill No.____ or House Bill No.____ (request no.

06073'16).