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 44508, 44524, 47325, 47327, and 47333 (MCL 324.44508, 324.44524, 324.47325, 324.47327, and 324.47333), sections 44508, 47325, and 47333 as added by 1995 PA 57, section 44524 as amended by 2012 PA 249, and section 47327 as amended by 2020 PA 385.
This act amends the 1994 PA 451 to enhance environmental and natural resource protections, specifically targeting the regulation of charter boat and commercial fishing activities. It mandates charter boat operators to maintain and submit detailed catch activity records, with the Department of Natural Resources establishing a catch activity committee in collaboration with the Michigan charter boat association. Failure to submit these reports can result in penalties ranging from state civil infractions and fines to the revocation of operating licenses and certificates of inspection for the vessels involved. Additionally, commercial fishers and wholesale fish dealers are required to submit bi-monthly catch and purchase reports, with more frequent submissions mandated under certain legal agreements. Violations of these provisions can lead to misdemeanor charges, fines, and potential suspension or confiscation of fishing licenses and equipment. Wholesale fish dealers failing to submit complete records face fines and potential suspension or denial of their licenses, with strict regulations against falsifying information and operating at a suspended business location.
Co-sponsored by Sens.
Referred to the Committee on Natural Resources and Agriculture
Reported with substitute S-1
Referred to the Committee of the Whole
Reported with substitute S-1
Substitute S-1 concurred in by voice vote
1. Amend page 4, following line 27, by inserting:
“Sec. 46701. (1) Notwithstanding any other act or part to the contrary, any statute or law of this state governing commercial fishing may be suspended, abridged, extended, or modified by the department when, in the opinion of the department, that action is necessary for the better if the director of the department of natural resources makes scientific findings that an imminent danger exists to the protection, preservation, maintenance, and harvesting of the fish. The existing statutes and laws regulating commercial fishing shall remain in full force and effect unless suspended, abridged, extended, or modified by order of the department in the manner provided in this part or by subsequent acts of the legislature.fish and the commission concurs with the findings, the department may suspend, abridge, extend, or modify any law of this state governing commercial fishing by emergency order, subject to section 46702.
(2) An emergency order adopted under subsection (1) remains in effect until the earliest of the following dates:
(a) The date an identical or similar rule is promulgated.
(b) The date an identical or similar bill is enacted into law.
(c) The date 545 days after the order is adopted.
(d) The date set forth in the emergency order.” .
The amendment failed by voice vote
Passed in the Senate 21 to 16 (details)
Referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation
Reported without amendment
1. Amend page 1, following line 3, by inserting:
“(2) The department shall form a catch activity committee that is composed of 2 individuals from the department and 2 representatives from the Michigan charter boat association. The catch activity committee shall do all of the following:
(a) Develop a monthly Advise on changes to the catch activity report form that pertains to the number, type, and location of fish taken from charter boats in this state.
(b) Plan and prioritize Advise on research priorities concerning the information gathered pursuant to this section.” and renumbering the remaining subsections.
2. Amend page 2, line 14, after “subsection” by striking out “(4).” and inserting “(5).”.
3. Amend page 2, line 18, after “subsection” by striking out “(4).” and inserting “(5).”.
4. Amend page 2, line 20, after “subsection” by striking out “(4).” and inserting “(5).”.
5. Amend page 4, line 10, after “section” by striking out “44508(4)(c)” and inserting “44508(5)(c)”.
The amendment passed by voice vote
Substitute H-1 offered
by
The substitute passed by voice vote
Passed in the House 87 to 20 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Substitute H-1 concurred in 23 to 13 (details)
