Bill Text: MI HB4018 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Natural resources: fishing; illegal taking of sturgeon; revise penalty for. Amends sec. 48738 of 1994 PA 451 (MCL 324.48738).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-09-04 - Referred To Committee On Natural Resources [HB4018 Detail]
Download: Michigan-2019-HB4018-Introduced.html
HOUSE BILL No. 4018
January 9, 2019, Introduced by Rep. Allor and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"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 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,
$5,000.00, 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 damages.
(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.
(c) Taking or possessing not more than 5 undersized fish.
(d) Fishing with too many 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.
(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 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.
(7) Subject to subsection (8), 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.
(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.
(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).
