Bill Text: MI HB4569 | 2019-2020 | 100th Legislature | Engrossed

Michigan House Bill 4569 (Prior Session Legislation)

Bill Title: Natural resources: fishing; commercial fishing statute; update. Amends secs. 47318, 47320, 47321, 47322, 47323, 47324, 47325, 47326, 47327, 47328, 47329 & 48724 of 1994 PA 451 (MCL 324.47318 et seq.) & repeals secs. 46101, 46102, 47301a, 47319, 47330 - 47362, 47901 - 47905 & 48901 of 1994 PA 451 (MCL 324.46101 et seq.). TIE BAR WITH: HB 4567'19, HB 4568'19

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2020-02-11 - Referred To Committee On Natural Resources [HB4569 Detail]

Download: Michigan-2019-HB4569-Engrossed.html

Substitute For

HOUSE BILL NO. 4569

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 47318, 47319, 47320, 47321, 47322, 47323, 47324, 47325, 47326, 47327, 47328, and 48724 (MCL 324.47318, 324.47319, 324.47320, 324.47321, 324.47322, 324.47323, 324.47324, 324.47325, 324.47326, 324.47327, 324.47328, and 324.48724), as added by 1995 PA 57; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 47318. (1) A peace officer may at any time when the business of commercial fishing is being conducted on the premises do any of the following:

(a) Enter any of the following:

(i) A building or structure where fish are stored, processed, packed, or held by a commercial fisher.

(ii) A building or structure where a commercial fisher's records are kept.

(iii) A building or structure where vehicles, vessels, equipment, or gear used in a commercial fisher's business are located.

(iv) A building or structure where activities related to a commercial fisher's business are conducted.

(v) A vehicle, vessel, or live fish car used to harvest, transport, or hold fish.

(b) Inspect fish stored or in the possession of a commercial fisher, inspect or copy records or reports of a commercial fisher, and inspect buildings, structures, vehicles, vessels, fishing gear, and other materials and equipment related to the harvest, possession, and sale of fish taken under a commercial fishing license or with commercial fishing gear.

(2) A commercial fisher shall not prohibit entry or prohibit an inspection to be conducted as authorized under this section, or refuse to produce records as required under this section, unless a court restrains or enjoins the entry, inspection, or production.

(3) If a person is convicted of violating subsection (2), the court shall order the person's commercial fishing license or licenses be suspended for 1 year beginning within 30 days after conviction.

Any package or car of fish in transit opened by the department, if found to be a lawful shipment under this part, shall be repacked in as good a condition as possible. A package or car of fish legally shipped shall not be detained in transit by or for inspection.

Sec. 47319. (1) Except as otherwise provided in subsection (2), a person shall not ship, accept for shipment, transport, or cause to be transported a container, package, or box containing fish or fish product unless the container, package, or box is plainly marked with the name of the consignor, the name of the consignee, and the species and amount by weight of fish in the container, package, or box.

(2) The name of the consignor and consignee is not required under subsection (1) for the following:

(a) Multiple containers, packages, or boxes containing fish or fish product being shipped to 1 destination within this state if the containers, packages, or boxes are prepared as follows:

(i) All individual containers, packages, or boxes are packaged or bound together in a manner so that they will stay together as 1 unit in shipment.

(ii) Each unit is described in subparagraph (i) is individually labeled as to the type and pounds of fish, fish product, or roe. This label must comply with all of the following:

(A) Be visible on all 4 sides of the unit.

(B) Identify the consignor and consignee of the shipment.

(C) State the number of boxes or packages in the bound unit, the species of fish contained, and the total weight of the fish or fish product or container.

(b) Shipments to individual destinations consigned by a single wholesale fish dealer and transported in a vehicle registered to that wholesale fish dealer for same-day delivery within this state and within 100 miles of the wholesale fish dealer's business, if each container, package, or box is marked with the name of the consignee.

(3) In addition to the applicable requirements of subsections (1) and (2), an accurate bill of lading or an invoice containing the name and address of the seller and buyer of the fish, the point of origin of the fish, and the number of containers, packages, or boxes must accompany a shipment of fish. The bill of lading or invoice must be available to any peace officer for inspection and comparison to the cargo being shipped.

(4) Subsections (1), (2), and (3) do not apply to a commercial fisher that is transporting fish directly from a port specified on its license to its fish house or to a processor. A commercial fisher shall complete a bill of lading or an invoice indicating the number of containers, packages, or boxes being so transported for each species of fish. The bill of lading or invoice must accompany the fish and be made available to a peace officer for inspection and comparison to the cargo being transported.

(5) Subsections (1), (2), and (3) do not apply to a wholesale fish dealer that is transporting fresh fish directly from the port within this state of a commercial fisher or commercial, tribal-licensed fisher to that wholesale fish dealer's facility. A wholesale fish dealer shall complete a bill of lading or an invoice indicating the number of containers, packages, or boxes being transported for each species of fish. The bill of lading or invoice must accompany the fish and be made available to a peace officer for inspection and comparison to the cargo being transported.

(6) The entire contents of a container, package, or box that contains any illegal fish is subject to seizure.

(7) A package or shipment of illegal fish offered to a common carrier is considered to be in the possession of the consignor until delivered to the consignee. However, if a common carrier fails to show from whom the consignment of any shipment of fish was received, the shipment is considered to be in the possession of the common carrier having the shipment in transit, and that common carrier is subject to the same penalties and other sanctions as the cosignor.

(1) A person shall not market, possess, transport, or offer for sale at any time in this state, whether caught within or outside of this state, any of the following:

(a) Whitefish, of a length less than 17 inches.

(b) Lake trout, of a weight less than 1-1/2 pounds in the round, and 1-1/4 pounds when dressed.

(d) Perch, of a length less than 8-1/2 inches in the round and filleted perch of a weight less than 1-3/4 ounces; perch with heads and tails off of a length less than 5-1/2 inches.

(e) Suckers, of a length less than 14 inches.

(f) Northern pike, of a length less than 20 inches.

(g) Catfish, of a length less than 17 inches. Catfish of not less than 15 inches in length may be taken from the waters of Lake Erie.

(h) Pike-perch (yellow pickerel), of a length less than 15-1/2 inches in the round and filleted pike-perch (yellow pickerel) of a weight less than 9 ounces. Pike-perch (yellow pickerel) not less than 13 inches in length may be taken from Lake Erie. Pike-perch (yellow pickerel) not less than 13 inches in length taken from the waters of Lake Erie may be sold or offered for sale at a dock or docks along Lake Erie. Any such pike-perch (yellow pickerel) of a length less than 15-1/2 inches shall not be otherwise offered for sale, bartered, or sold within the limits of the state.

(i) Blue pike, of a length less than 11 inches.

(j) White bass, of a length less than 9 inches.

(k) Sturgeon, of a length less than 42 inches.

(l) ~~Black crappie, of a length less than 7 inches.~~

(2) Imported commercial fish species and game fish if of a size or weight or species not prohibited by the laws of the state or country where caught may be possessed, transported, offered for sale, and marketed in this state, if either of the following conditions are met:

(a) The fish are processed outside the state and sold to consumers in the same package as imported, and each package is labeled as a product of the state or country where the fish were caught.

(b) A chain of satisfactory evidence of importation is maintained through to the retailer who sells to the consumer, in a manner prescribed by the department.

(3) The measurement of the length of a fish within the meaning of this part shall be taken in a straight line from the tip of the snout to the utmost end of the tail fin. For the purpose of this part, a "fish in the round" is a fish that is entirely intact as it was taken out of the water with no part removed by dressing. A "dressed fish" is a fish with the head attached but with the gills and the entire gut or viscera (stomach, liver, intestine, gonads) removed. A "filleted fish" is a fish with the entire head, gut or viscera, gills, bones, scales, and all fins removed. The measurements of length and weight as prescribed in this part apply without any allowance made for the shrinkage of the fish. A person shall not possess on any boat, or on any other conveyance used to reach the nets from shore, any meat grinders or similar devices by the use of which the identification of the species or measurement of the individual fish is impossible. A person shall not bring ashore any fish that is so mutilated that identification and measurement is impossible. A person shall not market, possess, or offer for sale any fish illegally taken from the waters defined by this part.

Sec. 47320. If the department opens any package or shipment of fish in transit and finds that package or shipment to be a lawful package or shipment under part 473, the department shall repack that package or shipment in as good a condition as possible and release it without further detainment.

A person engaged in lifting pound nets, trap nets, or seines in the waters of this state shall not take from the waters of this state any undersized fish, and all undersized fish found in the nets fished in those waters shall be returned to the waters with as little injury as possible by the person or persons lifting the net or nets. For the purpose of this part, undersized fish are fish of a smaller size than established by this part.

Sec. 47321. (1) A person shall not engage in business as a wholesale fish dealer in this state unless the person holds a wholesale fish dealer license. To obtain a wholesale fish dealer license, a person shall submit an application to the department in a format provided by the department. The application must be accompanied by the following fee based on the calendar year for which the license is issued:

(a) For 2020, $100.00.

(b) For 2021 through 2030, $110.00.

(d) For 2041 and each year thereafter, $150.00.

(2) The department shall keep a record of all wholesale fish dealer license applications and licenses.

(3) A wholesale fish dealer license expires at the end of the calendar year for which it is issued.

(4) A wholesale fish dealer shall not, at any time, sell, buy, or have in its possession or under its control for the purpose of sale, any illegal fish.

(5) A wholesale fish dealer shall require identification from each person that sells fish to the wholesale fish dealer. A wholesale fish dealer shall buy fish only from a commercial fisher or commercial, tribal-licensed fisher or other legal source of fish.

(6) A wholesale fish dealer shall keep and submit to the department records as required by the department of all fish bought, possessed, or acquired, and of the sale or other disposition of the fish. The records of prices paid for fish bought and sold by a wholesale fish dealer are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed by the department.

(7) A wholesale fish dealer shall complete and submit to the department an annual inventory record of all freshwater fish and roe in possession or under ownership or control of the wholesale fish dealer, including those fish and roe in cold storage facilities, as of a date specified by the department.

(8) The director shall establish the format and schedule for submission to the department of the wholesale records and annual inventory records under subsections (6) and (7), as well as the specific information they must contain.

(9) A wholesale fish dealer that fails to timely submit a complete record required under this section is responsible for a state civil infraction and subject to the following fines:

(a) For the first violation during a license year, $100.00.

(b) For a second or subsequent violation during a license year, $200.00.

(10) If a wholesale fish dealer fails to submit 2 or more records required under this section and has been cited by the department for each violation, the department may suspend the person's wholesale fish dealer license until the delinquent reports are submitted to the department. The department shall send notification of the suspension to the wholesale fish dealer.

(11) The department shall deny a new wholesale fish dealer license or renewal of a wholesale fish dealer license to a person that fails to submit a record required under this section until the record is submitted.

(12) A person shall not falsify any information contained in a record required under this section.

(13) The department shall not issue a wholesale fish dealer license to a person that would occupy the same business location as a wholesale fish dealer whose license is suspended.

(14) A wholesale fish dealer or employee or other person acting on behalf of a wholesale fish dealer shall not possess, control, store, transport, or cause to be transported any freshwater fish for which there is no record or for which there is no inventory as required under part 473.

(15) A wholesale fish dealer shall retain all records and inventories required under part 473 for a period of 6 years after the date that the record or inventory was created.

(16) A wholesale fish dealer shall not transport or cause to be transported any fish unless each side of the transporting vehicle is clearly marked with the correct business name of the wholesale fish dealer or transporting company, displayed in letters of at least 1 inch in height.

A person shall not take or catch with any kind of a net or other device used in commercial fishing in any of the waters mentioned in this part, any of the following:

(a) Largemouth black bass, Huro salmoides.

(b) Smallmouth black bass, Micropterus dolomieu.

(d) Bluegill, Lepomis macrochirus.

(e) Common sunfish, Lepomis gibbosus.

(f) Brook or speckled trout, Salvelinus fontinalis.

(g) Rainbow and steelhead trout, Salmo gairdnerii.

(h) Brown and Loch Leven trout, Salmo trutta.

(i) Muskellunge, Esox masquinongy.

(2) In addition to the prohibition in subsection (1), a person shall not sell or offer for sale or possess at any time any of the fish listed in subsection (1) unless otherwise provided by law. Any such fish, whether dead or alive, shall at once be returned to the waters from which taken by the person or persons taking the fish.

Sec. 47322. (1) Upon request of a peace officer, a wholesale fish dealer shall produce for inspection and copying all records relating to buying or otherwise acquiring, selling or otherwise disposing of, or storing of fish that are kept at the wholesale fish dealer's place of business or at a residence, dwelling, or location other than the wholesale fish dealer's business.

(2) A peace officer may, at any time when business is being conducted on the premises, do any of the following:

(a) Enter any of the following:

(i) A building or structure where fish are stored, processed, packed, or held by a wholesale fish dealer.

(ii) A building or structure where a wholesale fish dealer's records are kept.

(iii) A building or structure where vehicles, vessels, or equipment or materials used in a wholesale fish dealer's business are located.

(iv) A building or structure where activities related to a wholesale fish dealer's business are conducted.

(v) A vehicle or vessel used to transport or hold fish.

(b) Inspect fish stored by or in the possession of a wholesale fish dealer, inspect or copy records or reports of a wholesale fish dealer, and inspect buildings, structures, vehicles, vessels, equipment, and materials related to a wholesale fish dealer's business.

(3) A wholesale fish dealer, operator of a vehicle or vessel for a wholesale fish dealer or employee or other person acting on behalf of a wholesale fish dealer shall not prohibit entry or prohibit an inspection to be conducted as authorized under this section, or refuse to produce records as required under this section, unless a court restrains or enjoins the entry, inspection, or production.

(4) If a person is convicted of violating this section, the court shall order that the person's wholesale fish dealer license be suspended, and the person is not eligible to apply for or receive another such license for 1 year after the conviction.

A person shall not set or use nets, set hook lines, or any other continuous device in any of the waters mentioned in this part without marking its location by buoys and identifying the nets or other devices by showing the license number in plain figures upon the bowls of the buoys of the person using the nets, set lines, or other devices; the license number to be attached to all gill net buoys; to the stakes at the heart or pot of pound nets; to the lifting buoy of trap nets, where the heart and pot are set below the surface of the water; to a buoy at the point of heart or pot of fyke nets where the cover of the hearts or pots comes to the surface of the water. However, when any of the nets, set hook lines, or other devices are set under the ice, their location shall be marked by a stake extending not less than 4 feet above the ice at each end of the net or nets, set hook lines, or other continuous device and the license number, in legible figures, shall be attached to each stake or to the ends of the net or nets, set hook line, or other device.

Sec. 47323. A retail fish dealer shall retain, from the time of acquisition of freshwater fish or roe, a bill of sale or invoice indicating the quantity and species of the fish or roe and the name and address of the consignor. A retail fish dealer shall make the fish, roe, and records available for inspection by a peace officer at any reasonable time. A retail fish dealer shall maintain records for a period of 1 year after the fish or roe is disposed of by sale or otherwise.

Every person taking fish for market in any of the waters mentioned in this part shall bring them to some port or place in this state where they may be inspected before shipping. However, the department may grant permission to take fish to ports or places in other states when the commercial fishing laws of the other states substantially conform to the commercial fishing laws of this state.

Sec. 47324. (1) A person shall not obstruct or interfere in the lawful taking of an aquatic species under this part.

(2) A person violates subsection (1) if the person intentionally or knowingly does any of the following:

(a) Operates a vessel or a device designed to be used on the water that does not meet the definition of vessel in a manner likely to significantly alter the behavior of aquatic species in order to hinder or prevent the lawful taking of an aquatic species.

(b) Tosses, drops, or throws any stone, rock, or other inert material in order to hinder or prevent the lawful taking of an aquatic species.

(c) Drives, herds, or disturbs any aquatic species in order to hinder or prevent the lawful taking of an aquatic species.

(d) Blocks, impedes, or harasses another person who is engaged in the process of lawfully taking an aquatic species.

(e) Uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal behavior in order to hinder or prevent the lawful taking of an aquatic species.

(f) Erects barriers to deny ingress or egress to waters of this state where the lawful taking of an aquatic species may occur. This subdivision does not apply to a person who erects barriers to prevent trespassing on his or her property.

(g) Interjects himself or herself into the area where nets or fishing lines are cast by a person lawfully taking an aquatic species.

(h) Affects the condition or placement of personal or public property intended for use in the lawful taking of an aquatic species in order to impair the usefulness of the property or prevent the use of the property.

(i) Enters or remains upon private lands without the permission of the owner or the owner's agent for the purpose of violating this section.

(j) Photographs, videotapes, audiotapes, or otherwise records an individual who is lawfully taking an aquatic species with the intent to harass that individual.

(k) Engages in any other act or behavior for the purpose of violating subsection (1).

(3) Upon petition of an aggrieved person or a person who reasonably may be aggrieved by a violation of this section, a court of competent jurisdiction, upon a showing that a person was engaged in and threatens to continue to engage in illegal conduct under this section, may enjoin that conduct.

(4) A person who violates subsection (1) 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 $5,000.00, or both, and the costs of prosecution. A person 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 $10,000.00, or both, and the costs of prosecution. In addition to the penalties provided in this subsection, if a person violates this section while holding a permit or license issued by the department authorizing the person to take aquatic species, the court shall order that the person's license or permit be suspended for 1 year, or revoked if the remaining term of the permit or license is 1 year or less, and the person is not eligible to apply for or receive another such license for 1 year after the conviction. 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.

The department may take, for fish cultural purposes only, fish taken by any person fishing in the waters of this state, and when so taken the fish shall be weighed and shall be paid for. The price shall be based on the Chicago, Detroit, and New York markets, or at such other price as may be agreed upon by the person or persons taking the fish and the department, plus the cost of transportation, if any.

Sec. 47325. The department may issue orders or promulgate rules to implement this part.

Every person taking fish for the market in any of the waters mentioned in this part shall keep an accurate report of each day's catch upon forms furnished by the department of the number of pounds of each kind of fish taken, of the locality fished, of the kind and amount of fishing gear employed, of the length of time (number of nights) each unit of gear employed fished without being lifted, of the kind and amount of spawn taken, of the kind and amount of caviar taken, and of such other data as the biologists may require in following the trend of the fisheries, and shall each month report, under oath when requested, the above data to the department. Any person whose report for the last preceding month is not received by the department at its office in Lansing, Michigan, on or before the fifteenth day of the month following, is delinquent, and notice to that effect shall be mailed to the delinquent person by the department. Failure to submit a report within 30 days after the close of the month for which a report is required shall be considered as intent to violate this section. The license of any person who fails to submit reports for 2 or more months, and who has been duly notified by the department each following month as provided in this section, may be suspended by the department until such time as the delinquent reports are submitted to the department. The boat and nets for which a license is suspended shall not be used for commercial fishing by any person until the suspension has been lifted and the license restored. However, any person who fails to make the report or reports as described in this section shall be denied a new license or a renewal of his or her license until this part has been complied with. Any person engaged in fishing operations shall submit a monthly form to the department regardless of whether fishing was discontinued for 1 or more months, noting the facts.

Sec. 47326. (1) Except as otherwise provided in this part, a person that violates part 473 is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $500.00 or more than $5,000.00, or both, and may be ordered to pay the costs of prosecution.

(2) If a person licensed under this part is convicted of 3 misdemeanor violations of part 473 that occurred in a 1-year period beginning with the date of the first offense and ending with the date of the third offense, the court shall order that the person's license be suspended for 1 year, beginning 30 days after the third conviction. If the suspended license is a wholesale fish dealer license, the person is not eligible to apply for or be issued another wholesale fish dealer license during the term of the suspension.

(3) If a person licensed under this part is convicted of 3 designated offenses that occurred in a 5-year period beginning with the date of the first offense and ending with the date of the third offense, the court shall order that the person's license be suspended for 1 year, beginning 30 days after the third conviction. If the suspended license is a wholesale fish dealer license, the person is not eligible to apply for or be issued another wholesale fish dealer license during the term of the suspension.

(4) If a person licensed under this part is convicted of 5 designated offenses that occurred in a 7-year period beginning with the date of the first offense and ending with the date of the fifth offense, both of the following apply:

(a) The department shall permanently revoke the person's license.

(b) The person is prohibited from buying an interest in any additional license of the same type for 7 years after the fifth conviction.

(5) A commercial fisher whose license is suspended or revoked under this part shall not use any vessel, net, or other gear listed on the license. The vessels, nets, or other gear listed on a suspended commercial fishing license shall not be transferred onto any other commercial fishing license during the period of suspension. A wholesale fish dealer whose license is suspended or revoked under this part shall not buy, sell, or process any fish originating within or outside of this state at the physical location listed on the suspended or revoked license. The place of the wholesale business, including the physical store and the processing facility of a person whose wholesale fish dealer license has been suspended, shall not be operated under any other wholesale license during the period of suspension.

(6) A license suspended under this part shall not be sold or transferred to a third party while under suspension.

(7) If a person whose commercial fishing license or wholesale fish dealer license is suspended engages in or attempts to engage in any commercial fishing activity or wholesale fish dealing activity, respectively, during the period of suspension, the department shall permanently revoke the person's license. The suspension or revocation of a license does not result in the suspension or revocation of other licenses owned by the same person. However, any person who has a commercial fishing license under suspension is, during the period of suspension, prohibited from buying an interest in any additional commercial fishing license issued under this part for the duration of the suspension, subject to subsection (4)(b).

Every person licensed to take fish under this part, at the close of the 24-hour period immediately following the close of the respective open seasons provided for by this part, shall report to the department, on forms provided by the department, the kinds of fish and number or weight of fish possessed at the close of the 24-hour period. Any subsequent shipment or sale, or both, of such fish shall be reported immediately to the department, on forms furnished by the department, showing the amount and kinds of fish shipped or sold, the date of the shipment or sale, and the name and address of the person or persons to whom the fish were shipped or sold. All fish in possession upon which the season is closed shall be made available for inspection at any reasonable time upon the demand of the department. A person shall not possess or ship, transport, or sell any fish upon which the season is closed and which have not been reported as provided in this section.

Sec. 47327. (1) In addition to the penalties provided in this part, a commercial fisher or any other person that is convicted of the illegal taking, possessing, or selling of fish under part 473 shall reimburse the state for the value of the fish as follows:

(a) For each game fish, other than lake sturgeon, of an individual weight of 1 pound or more, $10.00 for each pound or fraction of a pound of fish illegally taken, possessed, or sold.

(b) For each game fish, other than lake sturgeon, of an individual weight of less than 1 pound, $10.00 for each fish illegally taken, possessed, or sold.

(d) For all other fish, $5.00 for each pound or fraction of a pound of fish illegally taken, possessed, or sold.

(e) For all roe violations, $20.00 for each pound or fraction of a pound of roe illegally taken, possessed, or sold.

(2) The court in which a conviction for a violation described in subsection (1) is obtained shall order the defendant to forfeit to the state a sum as provided in subsection (1). If 2 or more defendants are convicted of the illegal taking, possessing, or selling of the fish, the order must provide that the defendants are jointly and severally liable for the forfeited amount.

(3) If a defendant fails to pay upon conviction the amount ordered by the court to be forfeited under subsection (2), the court shall enter an order setting forth the manner and time of payment, which may be by installments at the times and in the amounts that the court determines the defendant is able to pay.

(4) A default in the payment of forfeiture or an installment of the forfeiture may be collected by any means authorized for the enforcement of a judgment under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.

(5) A court that collects a forfeiture as provided in this section shall promptly remit the forfeiture to the county treasurer. The county treasurer shall transmit the forfeiture to the state treasurer to be credited to the game and fish protection account of the Michigan conservation and recreation legacy fund established in section 2010.

Any person who violates sections 47301 to 47325, upon conviction for the first offense shall be punished by imprisonment for not more than 30 days, or a fine of not less than $25.00 or more than $100.00 and costs of prosecution, or both. For the second or a subsequent offense, charged as a second or subsequent offense in the complaint, the person shall be punished by imprisonment for not less than 30 days or more than 90 days, or a fine of not less than $50.00 or more than $100.00 and costs of prosecution, or both. If a fine with costs is imposed under this part, the court shall sentence the offender to be confined in the county jail until the fine and costs are paid, but for a period not exceeding the maximum penalty for the offense.

Sec. 47328. (1) The department shall establish in the department a commercial fishing advisory committee, consisting of the following members:

(a) A commercial fisher licensed to engage in commercial fishing in Lake Superior.

(b) A commercial fisher licensed to engage in commercial fishing in Lake Michigan.

(d) A commercial fisher licensed to engage in commercial fishing in Lake Huron but not in Saginaw Bay.

(e) A commercial fisher licensed to engage in commercial fishing in Saginaw Bay.

(f) The president of the Michigan Fish Producers Association or successor organization or his or her designee.

(g) The president of the Michigan Charter Boat Association or successor organization or his or her designee.

(h) A wholesale fish dealer that is not also a commercial fisher.

(i) An individual representing sport fishing anglers.

(j) Not more than 3 individuals who have technical knowledge regarding the impacts of the commercial fishing industry.

(2) The department shall appoint members of the commercial fishing advisory committee. If a vacancy occurs on the committee, the department shall make an appointment to fill the vacancy. This subsection does not apply to members described in subsection (1)(f) and (g).

(3) The department may remove a member of the commercial fishing advisory committee for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.

(4) The first meeting of the commercial fishing advisory committee shall be called by the department. At the first meeting, the committee shall elect from among its members a chairperson and other officers as it considers necessary or appropriate.

(5) A majority of the members of the commercial fishing advisory committee constitute a quorum for the transaction of business at a meeting of the committee. A majority of the members present and serving are required for official action of the committee.

(6) The business that the commercial fishing advisory committee may perform shall be conducted at a public meeting of the committee held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(7) A writing prepared, owned, used, in the possession of, or retained by the commercial fishing advisory committee in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(8) Members of the commercial fishing advisory committee shall serve without compensation. However, members of the committee may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the committee.

(9) The commercial fishing advisory committee shall meet not more than 2 times per calendar year.

(10) The commercial fishing advisory committee may provide formal recommendations to the department regarding the commercial fishing industry.

A person shall not use any kind of a boat, tug, or launch, except when used in hook and line fishing, or any kind of net or nets, set hook lines, or commercial trolling rigs for the purpose of taking, catching, killing, or transporting fish in any of the waters bordering on this state, regardless of whether for commercial purposes or for personal use, without first having applied for and been issued a license for that activity, in accordance with this part. A license, except as otherwise provided by law, is not required of persons engaged in sport trolling in these waters, except that the owners of boats operated with either an inboard or outboard motor and offered for hire in sport trolling for lake trout shall obtain a license for each boat. A license, except as otherwise provided by law, is not required of persons engaged in taking fish with set lines in lake St. Clair as provided in section 47302.

Sec. 48724. (1) As used in this section, "fish cleaning station" means an operation or location used to clean salmon for sport fishers.

(2) Except as provided in subsection (3)(c), a person shall not purchase, sell, or otherwise exchange anything of value for buy or sell raw or unprocessed salmon eggs unless the person is licensed pursuant to section 47333 a wholesale fish dealer and the sale, purchase, or exchange of the raw or unprocessed salmon eggs is made with are bought from or sold to, respectively, another person who is also licensed pursuant to section 47333.a wholesale fish dealer.

(3) A person who operates or is the agent of an operator of a fish cleaning station shall not do any of the following:

(a) Accept raw or unprocessed salmon eggs except from whole salmon, known as salmon in the round, or eggs salvaged from salmon cleaned at the station.

(b) Operate a fish cleaning station that sells raw or unprocessed salmon eggs without a current and valid permit issued by the department.

(c) Buy , barter, or otherwise exchange anything of value for raw or unprocessed salmon eggs. This subdivision does not prohibit the operator of a fish cleaning station or his or her agents from exchanging the service of cleaning salmon in exchange for the eggs in the salmons' carcasses or from charging a fee for cleaning salmon.

(d) Buy or sell salmon carcasses taken by a person licensed under part 435.

(4) A person issued a permit to operate a fish cleaning station shall comply with all of the following requirements:

(a) Raw or unprocessed salmon eggs may only be collected and stored at the location of the fish cleaning station specified in the permit.

(b) The fish cleaning station shall must be licensed. in accordance with the food processing act of 1977, Act No. 328 of the Public Acts of 1978, being sections 289.801 to 289.810 of the Michigan Compiled Laws, and operated in compliance with the Michigan food law of 1968, Act No. 39 of the Public Acts of 1968, being sections 289.701 to 289.727 of the Michigan Compiled Laws, only when If the salmon eggs or salmon, or both, are sold or given to another person for human consumption, the fish cleaning station must be licensed under and operated in compliance with the food law, 2000 PA 92, MCL 289.1101 to 289.8111.

(c) Disposal of offal Offal and unwanted salmon carcasses shall must be disposed of in a manner approved by the local health department.

(d) A permit holder permittee shall accept from sport fishers all salmon carcasses that are brought to the station and shall hold and dispose of them and their offal only in a manner approved by the local health department.

(e) As a condition of his or her permit, a permit holder permittee whose fish cleaning station is located on state owned land shall provide free access to the fish cleaning station facilities to anglers who wish to use the facilities to clean their own salmon catch.

(5) This section shall does not be construed to prohibit the selling or buying of chemically treated salmon eggs in the form of spawn sacks or spawn bags.

(6) If the department finds that a person is in violation of this section or a permit issued under this section, the department may issue an order requiring the person to comply with this section or the permit. In addition to the penalties provided for in this part, the department or its agent, the attorney general, or a another person may seek injunctive relief for a violation of this section or a permit issued under this section.

Enacting section 1. Part 461, sections 47301a, 47302, 47329 to 47362, part 479, and section 48901 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.46101, 324.46102, 324.47301a, 324.47302, 324.47329 to 324.47362, 324.47901 to 324.47905, and 324.48901, are repealed.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) House Bill No. 4567.

(b) House Bill No. 4568.