HB-4787, As Passed House, November 9, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 4787

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 46502, 46507, and 46508 (MCL 324.46502,

324.46507, and 324.46508), as added by 1995 PA 57; and to repeal

acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 46502. (1) A Except as otherwise provided in subsection

(3), a person shall not set, place, erect, or cause to be set,

placed, or erected, or use a fishing shanty at any time upon the

ice in waters over which the this state has jurisdiction, unless

the name and address of information identifying the owner as

prescribed in this subsection is affixed to each side of the

outside of the fishing shanty in legible letters alphanumeric

characters not less than 2 inches in height. The letters shall

alphanumeric characters must be readily visible and consist of

materials that are not soluble in water. The information

identifying the owner under this subsection must be 1 of the

following:

     (a) The owner's name and address.

     (b) The owner's driver license number.

     (c) The number of the owner's sportcard issued under section

43522.

     (2) Placing the owner's name and address information

identifying the owner on a piece of wood, plastic, or other

material and affixing that piece of material to the fishing shanty

is does not compliance with satisfy the requirements of this

section.

     (3) The identification requirement in subsection (1) does not

apply to a tent or other temporary shelter if the tent or shelter

is removed from the ice at the conclusion of each day's fishing

activity.

     Sec. 46507. (1) A person who sets, places, erects, or causes

to be set, placed, or erected any fishing shanty upon the ice of

lake St. Clair any water within the jurisdiction of this state

shall remove the fishing shanty before ice conditions are unsafe

for its removal or before sundown on the first Sunday after

February 20 the date set by the department under subsection (2) and

on a daily basis following that date. Failure to remove a fishing

shanty within the time specified in this section is a violation of

this part, and the department or the local unit of government may

then authorize the removal and storage or destruction of the

fishing shanty.

     (2) The department shall set the date by which a fishing

shanty must be removed under this section.

     Sec. 46508. A local unit of government shall not pass an

ordinance, rule, or regulation regulating the placement, use,

marking, or removal of a fishing shanty on the ice of any waters

over which this state has jurisdiction. An ordinance, rule, or

regulation described in this section that is in effect on April 1,

1994 is void. However, if a person fails to remove a fishing shanty

within the time specified in sections 46503, 46504, and 46505, by

the department under section 46507, a local unit of government may

remove the fishing shanty from the ice or water and store or

destroy the fishing shanty.

     Enacting section 1. Sections 46503, 46504, 46505, and 46506 of

the natural resources and environmental protection act, 1994 PA

451, MCL 324.46503, 324.46504, 324.46505, and 324.46506, are

repealed.