Bill Text: MI HB4187 | 2021-2022 | 101st 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).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-10 - Bill Electronically Reproduced 02/09/2021 [HB4187 Detail]
Download: Michigan-2021-HB4187-Introduced.html
HOUSE BILL NO. 4187
February 09, 2021, 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.
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,
a 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.
(6)
The commission may issue an order to regulate the taking of fish with trotlines
and juglines in the waters of this state.
(7)
By April 1, 2022, the commission shall establish a 3-year pilot program that
allows an individual to use trotlines or juglines on inland lakes and rivers in
this state to take nongame fish and snapping turtles. The pilot program
established under this section must do all of the following:
(a)
Prohibit an individual using trotlines or juglines from doing any of the
following:
(i) Using live bait.
(ii) Setting a trotline or jugline within
600 feet of a dam.
(iii) Using more than 10 trotlines.
(b)
Provide that 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.
(c)
For juglines, provide that the juglines are labeled with a reflective marker
that encircles the juglines to allow for visibility at night.
(d)
Require that an individual using trotlines or juglines does all of the
following:
(i) Checks the trotlines at least once
each day.
(ii) Removes fish and animals caught in
those trotlines or juglines.
(iii) Removes the trotlines or juglines
when those lines are not in use.
(e)
For juglines, provide that the juglines are attended by or are within sight of
anglers at all times.
(f)
Allow the commission to prohibit or restrict the use of juglines or trotlines
on certain inland lakes and rivers in this state if the commission, based on
principles of sound scientific management, determines that the use of juglines
or trotlines should be prohibited or restricted on those lakes or rivers.
(8)
If the commission determines that the use of juglines or trotlines should be
prohibited or restricted on certain inland lakes or rivers, the commission
shall, before the pilot program under subsection (7) takes effect, issue a
report to the legislature explaining the principles of sound scientific
management used to make those decisions.
(9)
Within 90 days after completion of the pilot program under subsection (7), the
commission shall issue a report to the legislature with recommendations on the
use of juglines or trotlines in this state.
(10)
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 15 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.
