HOUSE BILL NO. 4149

February 04, 2021, Introduced by Reps. Damoose and Filler and referred to the Committee on Judiciary.

"Natural resources and environmental protection act,"

by amending section 48738 (MCL 324.48738), as amended by 2014 PA 541.

the people of the state of michigan enact:

Sec. 48738. (1) A person An individual who violates this part or rules or orders issued to implement this part, if a penalty is not otherwise provided for that violation in this section, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(2) A person An individual convicted of using dynamite, nitroglycerin, any other explosive substance, lime, electricity, or poison for the purpose of taking or killing fish, convicted of using nets not authorized by law for taking game fish, or convicted of buying or selling game fish or any parts of game fish is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $1,000.00, or both.

(3) A person An individual who takes or possesses sturgeon in violation of this part or rules or orders issued to implement this part is guilty of a misdemeanor and shall must be punished by imprisonment for not less than 30 days or more than 180 days and a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution.

(4) A person An individual who knowingly violates section 48735(2) or (4) or a permit issued under section 48735(2) or (4) with respect to a genetically engineered variant of a fish species is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $250,000.00, or both. In addition, the person individual is liable for any damages to the natural resources resulting from the violation, including, but not limited to, costs incurred to prevent or minimize such those damages.

(5) An individual who does either of the following is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $150.00:

(a) Fails to attach the individual's name and address to tip-ups in violation of section 48703(2).

(b) Fishes with more than the authorized number of lines in violation of section 48703(1).

(6) (5) If a person an individual is convicted of a violation of this part or rules or orders issued to implement this part and it is alleged in the complaint and proved or admitted at trial or ascertained by the court at the time of sentencing that the person individual has been previously convicted 3 or more times of a violation of this part within the 5 years immediately preceding the last violation of this part, the person individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both, and the costs of prosecution. This subsection does not apply to the following violations:

(a) Failing to possess or display a valid fishing license issued pursuant to under part 435.

(b) Taking or possessing an overlimit of bluegill, sunfish, crappie, perch, or nongame fish.

(d) Fishing with too many more than the authorized number of lines.

(e) Failing to attach the person's individual's name and address to tip-ups or minnow traps.

(f) Fishing with lines not under immediate control.

(7) (6) In addition to the penalties provided in this section, a fishing license issued to a person an individual sentenced pursuant to under subsection (2), (3), (4), or (5) shall (6) must be revoked, and the person shall individual must not be issued a license during the remainder of the year in which convicted or during the next 3 succeeding license years.

(8) (7) Subject to subsection (8), (9), if any permit or license under this part is ordered to be suspended or revoked under section 41309 and if the department maintains a database of suspensions or revocations of permits or licenses under this part, the department shall not issue a permit or license under this part to the person individual for the period provided in the order.

(9) (8) If a permit or license under this part is ordered to be suspended under section 41309, the suspension remains in effect until all of the following occur:

(a) The suspension period set forth in the court order has elapsed.

(b) The person individual pays the department a reinstatement fee of $125.00.

(10) (9) Unless a person's an individual's permit or license is otherwise suspended, revoked, or denied, the permit or license is immediately reinstated on satisfaction of the requirements of subsection (8).(9).