Bill Text: MI HB4787 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Natural resources; fishing; ice shanty identification requirements and removal dates; modify. Amends secs. 46502, 46507 & 46508 of 1994 PA 451 (MCL 324.46502 et seq.) & repeals secs. 46503, 46504, 46505 & 46506 of 1994 PA 451 (MCL 324.46503 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-02-14 - Assigned Pa 25'18 With Immediate Effect [HB4787 Detail]
Download: Michigan-2017-HB4787-Chaptered.html
Act No. 25
Public Acts of 2018
Approved by the Governor
February 14, 2018
Filed with the Secretary of State
February 14, 2018
EFFECTIVE DATE: February 14, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. VanderWall and Howell
ENROLLED HOUSE BILL No. 4787
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” 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) Except as otherwise provided in subsection (3), a person shall not set, place, erect, cause to be set, placed, or erected, or use a fishing shanty at any time upon the ice in waters over which this state has jurisdiction, unless information identifying the owner as prescribed in this subsection is affixed to each side of the outside of the fishing shanty in legible alphanumeric characters not less than 2 inches in height. The 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 information identifying the owner on a piece of wood, plastic, or other material and affixing that piece of material to the fishing shanty does not 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 any water within the jurisdiction of this state shall remove the fishing shanty before ice conditions are unsafe for its removal or before 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 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.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
