HB-6200, As Passed House, October 3, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6200

 

 

June 12, 2018, Introduced by Reps. Chatfield, Allor, Cole, LaFave, Hughes, Alexander, Hornberger, Kahle and Barrett and referred to the Committee on Michigan Competitiveness.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 80158a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80158a. (1) Except in an emergency or with prior written

 

permission granted by the director, the operator of a vessel shall

 

not deploy, drag, set, or use any anchor or any other vessel

 

equipment that may come into contact with the lake bottomlands in

 

the area bounded on the west by a line beginning at Latitude N 45°

 

46' 48.883" Longitude W 84° 47' 34.705" and extending north to

 

point Latitude N 45° 50' 23.169" Longitude W 84° 46' 8.476" and

 

bounded on the east by a line beginning at Latitude N 45° 47'

 

18.4812" Longitude W 84° 43' 55.2396" and extending north to point


Latitude N 45° 50' 46.086" Longitude W 84° 43' 24.1392".

 

     (2) A person that wishes to receive permission to use an

 

anchor or other vessel equipment that may contact the bottomlands

 

in the area described in subsection (1) may submit a request, in

 

writing, to the department. The request must contain a precise

 

description of the area where use of an anchor or other equipment

 

is requested and the reason for the request.

 

     (3) Subsection (1) does not apply to vessels exercising tribal

 

usufructuary rights reserved in the March 28, 1836 Treaty of

 

Washington (7 Stat 491) and as stated in the November 2, 2007

 

Consent Decree (Dkt. 1799 in W.D. Mich. Case No. 2:73-cv-000026).

 

     (4) Except as provided in subsection (5), a person who

 

knowingly violates this section is guilty of a felony punishable by

 

imprisonment for not more than 2 years or a fine of not more than

 

$10,000.00, or both.

 

     (5) A person who is convicted of a second or subsequent

 

violation of this section is guilty of a felony punishable by

 

imprisonment for not more than 5 years or a fine of not more than

 

$15,000.00, or both.