HB-6355, As Passed House, December 6, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 6355

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 48729 (MCL 324.48729), as amended by 2012 PA

 

337.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 48729. (1) A Except as otherwise provided in subsection

 

(2), a person shall not do any of the following:

 

     (a) Take or possess minnows, wigglers, or crayfish for

 

commercial purposes from any of the waters over which this state

 

has jurisdiction; import minnows, wigglers, or crayfish for

 

commercial purposes from outside of this state; or transport

 

minnows, wigglers, or crayfish without having first procured a

 

license as provided in section 48732. A license, except a license

 

to fish in the waters of this state as provided in part 435, is not

required of persons taking minnows, wigglers, or crayfish for their

 

individual use for bait. A person shall not set or use minnow traps

 

for the taking of minnows, wigglers, or crayfish for any purpose

 

unless the name and address of the user is on the trap.

 

     (b) Export out of this state any minnows, wigglers, or

 

crayfish, dead or alive, taken either in or outside of this state

 

unless that person holds a permit issued under this subdivision.

 

The department, upon receipt of a payment of $25.00, may issue a

 

permit, revocable by the department, under such any regulations as

 

the department prescribes, to any resident licensed as provided for

 

in section 48732, enabling that person to transport outside of this

 

state minnows, wigglers, or crayfish that were harvested from

 

waters outside of Michigan's this state's jurisdictional border and

 

imported wholesale across that border. Minnows, wigglers, and

 

crayfish taken from Michigan's jurisdictional waters over which

 

this state has jurisdiction may not be exported from this state.

 

Imported wholesale minnows, wigglers, and crayfish shall must be

 

held separately from any minnows, wigglers, or crayfish taken from

 

Michigan's jurisdictional waters over which this state has

 

jurisdiction. A person holding a permit as provided in this

 

subdivision and transporting wholesale minnows, wigglers, or

 

crayfish shall produce documentation that contains the origin of

 

the shipment, registration or permit copies, documentation

 

demonstrating the shipment's destination, and any other proof that

 

may be required by the department, upon demand of the director or a

 

law enforcement officer. A The department may revoke a permit

 

issued under this subdivision may be revoked by the department upon

good cause. and shall expire A permit issued under this subdivision

 

expires on December 31 following the date of issuance the license

 

is issued unless the license is revoked before that date.

 

     (c) Use or attempt to use live goldfish or carp for bait in

 

fishing.

 

     (d) Offer for sale or use lamprey for bait in fishing.

 

     (e) Take, possess, or transport minnows, wigglers, or crayfish

 

for commercial purposes from any of the waters over which this

 

state has jurisdiction unless the taker is a resident of this state

 

and holds a permit or license as required by law.

 

     (2) A person who operates as a charter fishing guide on either

 

the Great Lakes or the inland waters of this state may transport

 

and possess minnows, wigglers, and crayfish for exclusive use by

 

their clients as bait while on a fishing trip without an additional

 

permit or license if that person has purchased the minnows,

 

wigglers, or crayfish from a wholesale or retail outlet that holds

 

a permit or license as provided in section 48732 to take, possess,

 

or transport minnows, wigglers, or crayfish for commercial

 

purposes. A person who operates as a charter fishing guide that

 

purchases and provides live minnows, wigglers, or crayfish to their

 

clients, must retain a receipt showing the quantity purchased and

 

the wholesale or retail establishment the minnows, wigglers, or

 

crayfish were purchased from and must possess and present that

 

receipt upon request of a peace officer until the minnows,

 

wigglers, or crayfish are no longer in possession of that person. A

 

person who operates as a charter fishing guide may not sell or

 

furnish minnows, wigglers, or crayfish for any other purpose

outside the context described in this subsection without having

 

first procured a license as provided in section 48732.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.