Bill Text: MI HB5132 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Natural resources: fishing; use of trotlines or juglines for the taking of nongame fish and snapping turtles; allow under certain conditions. Amends secs. 48703 & 48711 of 1994 PA 451 (MCL 324.48703 & 324.48711) & adds sec. 48703b.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-09-16 - Referred To Committee On Ways And Means, With Substitute (h-2) [HB5132 Detail]
Download: Michigan-2019-HB5132-Introduced.html
HOUSE BILL NO. 5132
October 17, 2019, Introduced by Rep. Albert 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 sections 48703 and 48711 (MCL 324.48703 and 324.48711), as amended by 2018 PA 529, and by adding section 48703b.
the people of the state of michigan enact:
Sec. 48703. (1) An Except as
otherwise provided in this part, an individual shall not take,
catch, or kill or attempt to take, catch, or kill a fish in the waters of this
state with a any of the following:
(a)
A grab hook, snag hook, or gaff
hook. , by the use of a
(b)
A set or line, night
line, or a net. or
(c)
A firearm or an explosive
substance or combination of substances that have a tendency to kill or stupefy
fish. , or by any
(d)
Any other means or device other
than a single line or a single rod and line while held in the hand or under
immediate control, and with a hook or hooks attached, baited with a natural or
artificial bait while being used for still fishing, ice fishing, casting, or
trolling for fish, which is a means of the fish taking the bait or hook in the
mouth.
(2)
An Except as otherwise provided in this
part, an individual shall not use
more than 3 single lines or 3 single rods and lines, or a single line and a
single rod and line, and shall not attach more than 6 hooks on all lines. The
commission may decrease the number of rods per angler. However, the commission
shall not reduce the number of rods per angler to less than 2. For the purposes
of this part, a hook is a single, double, or treble pointed hook. A hook,
single, double, or treble pointed, attached to a manufactured artificial bait
is counted as 1 hook. The commission may designate waters where a treble hook
and an artificial bait or lure having more than 1 single pointed hook must not
be used during the periods the commission designates.
(3)
(2) An individual shall not set or use a tip-up or other
similar device for the purpose of taking fish through the ice unless the name
and address of the individual owning the tip-up or other similar device is
marked in legible English on the tip-up or other similar device or securely
fastened to it by a plate or tag.
(4)
(3) The commission may issue an order to regulate the
taking of fish with a spear, bow and arrow, or crossbow in the waters of this
state.
(5)
(4) The commission may issue an order to regulate the
taking of fish with nets in the waters of this state.
Sec. 48703b. (1) An individual may use
trotlines or juglines on inland lakes and rivers in this state to take nongame
fish and snapping turtles.
(2)
An individual using trotlines or juglines shall not do any of the following:
(a)
Use live bait.
(b)
Set the trotline or jugline within 600 feet of a dam.
(c)
Use more than 10 trotlines.
(3)
An individual shall not set or use a trotline or jugline unless the name,
address, and telephone number of the individual owning the trotline or jugline is
marked in legible English on the trotline or jugline. For juglines, the
juglines must also be labeled with a reflective marker that encircles the juglines
to allow for visibility at night.
(4)
An individual using trotlines or juglines shall do all of the following:
(a)
Check all trotlines at least once each day.
(b)
Remove fish and animals caught in those trotlines or juglines.
(c)
Remove the trotlines or juglines when those lines are not in use.
(d)
For juglines, the juglines must be attended by or within sight of anglers at
all times.
(5)
As used in this section:
(a)
"Closed-cell construction" means a solid body incapable of containing
water.
(b)
"Jugline" means a free-floating device that anchors a single line
with no more than 1 hook and whose float material is constructed of plastic,
wood, or foam with closed-cell construction.
(c) "Trotline" means a line anchored at 1 point, with more than 2 hooks and not more than 25 hooks, and not associated with a hand-operated mechanical reel.
Sec. 48711. An Except as
otherwise provided in this part, an individual shall not have in
his or her possession any net, set lines, jack or other artificial light of any
kind, dynamite, giant powder, or other explosive substance or combination of
substances, hook and line, or any other contrivance or device to be used for
the purpose of taking fish in violation of this part or any other act or part.
Any such property, contrivance, or device found in the possession of an
individual or found in a boat, boathouse, or any other place on any of the
waters of this state or along the shores of the waters of this state must be
confiscated and disposed of in the manner provided by law. An individual shall
not have a gaff in his or her possession on or along any trout stream in this
state or use, except from June 1 to Labor Day, on any trout stream a single
hook of any kind that is more than 3/8 inches between the point of the hook and
the shank. This section does not prohibit the use or possession of minnow
seines, minnow traps, or dip nets as provided in section 48730 or the use and
possession of seines, nets, spears, or artificial lights for the use of which a
lawful permit or license has been issued by the department. Commercial anglers
who have licenses to take fish in the Great Lakes may have in their possession
nets or hook lines for that purpose only. In prosecutions for the violations of
this section, and in proceedings for the confiscation of the property described
in this section, the possession of any such property, contrivance, or device
or, when not found in possession of any individual, the presence of any such
property in a boat, boathouse, or any other place on the waters of this state
or along the shores of the waters of this state is prima facie evidence that
the property is owned, possessed, or used for the purpose of violating this
part. The possession of any such property, contrivance, or device on the waters
of this state that are closed to all fishing during the closed season on or
along those waters is prima facie evidence that the property is owned,
possessed, or used for the purpose of violating this part. This act or any
other act does not apply to the department in its program in fisheries
management or in the control of aquatic vegetation by individuals under permit
issued by the department when, in the opinion of the department, that control
is not inimical to the public interest.
