SENATE BILL NO. 672


   June 17, 1999, Introduced by Senators NORTH, KOIVISTO, SIKKEMA,
        DUNASKISS, MC COTTER and MC MANUS and referred to the 
        Committee on Government Operations.



        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 48738 (MCL 324.48738), as added by 1995 PA

   57.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 48738.  (1) A person who violates this part,  or
              rules

 2    PROMULGATED UNDER THIS PART, or orders issued to implement this

 3    part, if a penalty is not otherwise provided for that violation

 4    in this section, is guilty of a misdemeanor  , 
             punishable by

 5    imprisonment for not more than 90 days  ,  or a
             fine of not more

 6    than $500.00, or both.

 7         (2) A person convicted of using dynamite, nitroglycerin, OR

 8    ANY OTHER EXPLOSIVE OR OF USING lime, electricity,  any
             other

 9     explosive substance,  or poison for the purpose of
                       taking or

10    killing fish, convicted of using nets not authorized by law for


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 1    taking game fish, or convicted of buying or selling game fish or

 2    any parts of game fish is guilty of a misdemeanor  ,
              punishable

 3    by imprisonment for not more than 90 days  ,  or a
             fine of not

 4    less than $250.00 or more than $1,000.00, or both.

 5         (3) A person who takes or possesses sturgeon in violation of

 6    this part,  or rules or orders  A RULE PROMULGATED
             UNDER THIS

 7    PART, OR AN ORDER issued to implement this part is guilty of a

 8    misdemeanor  , punishable  AND SHALL BE PUNISHED by
             imprisonment

 9    for not less than  30  90 days or more than
              180 days, or  1 YEAR

10    AND a fine of not less than  $500.00  $1,000.00 or
             more than

11     $2,000.00, or both  $5,000.00, and the costs of
             prosecution.

12         (4) If a person is convicted of a violation of this part,

13     or rules or orders  A RULE PROMULGATED UNDER THIS
             PART, OR AN

14    ORDER issued to implement this part and it is alleged in the com-

15    plaint and proved or admitted at trial or ascertained by the

16    court at the time of sentencing that the person  had been

17     previously  WAS convicted 3 or more times of a
                       violation of this

18    part within the 5 years immediately preceding the last violation

19    of this part, the person is guilty of a misdemeanor  ,
              punish-

20    able by imprisonment for not more than 90 days  , 
             or a fine of

21    not more than $1,000.00, or both, and the costs of prosecution.

22    This subsection does not apply to the following violations:

23         (a) Failing to possess or display a valid fishing license or

24    trout and salmon license issued pursuant to part 435.

25         (b) Taking or possessing an overlimit of bluegill, sunfish,

26    crappie, perch, or nongame fish.





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 1         (c) Taking or possessing not more than 5 undersized fish.

 2         (d) Fishing with too many lines.

 3         (e) Failing to attach the person's name and address to

 4    tip-ups or minnow traps.

 5         (f) Fishing with lines not under immediate control.

 6         (5) In addition to the penalties provided in this section, a

 7    fishing license issued to a person sentenced pursuant to subsec-

 8    tions (2), (3), or (4) shall be revoked  ,  and the
             person shall

 9    not be issued a license during the remainder of the year in which

10    convicted or during the next 3 succeeding license years.




































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