TAKING REPTILES & AMPHIBIANS H.B. 5200:
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bill 5200 (as passed by the House)
Sponsor: Representative Gary Howell
House Committee: Natural Resources
Senate Committee: Natural Resources
CONTENT
The bill would amend Part 13 (Permits) and Part 487 (Sport Fishing) of the Natural Resources and Environmental Protection Act to do the following:
-- Prohibit an individual from taking, trapping, catching, or fishing for reptiles or amphibians for commercial purposes.
-- Allow the Department of Natural Resources (DNR) to issue a permit to take amphibians and reptiles for scientific or educational use.
-- Require a person to have a fishing license to take reptiles, amphibians, mollusks, or crustaceans for personal use.
-- Delete a provision regarding a permit to take frogs for scientific use.
Under Section 48705, reptiles, amphibians, mollusks, and crustaceans may be taken only in a manner and during those times prescribed by the DNR. An individual taking, trapping, catching, or fishing for turtles or frogs for their personal use must have a valid fishing license issued by the State.
An individual may not take, trap, catch, or fish for reptiles or amphibians for commercial purpose unless he or she purchases an annual commercial reptile and amphibian license for a $150 fee.
Under the bill, an individual would be prohibited from taking, trapping, catching, or fishing for reptiles or amphibians for commercial purposes. Reptiles, amphibians, mollusks, and crustaceans could be taken only in a manner and during those times prescribed by the Natural Resources Commission. An individual taking, trapping, catching, or fishing for reptiles, amphibians, mollusks, and crustaceans for his or her personal use would have to have a valid fishing license.
The DNR could issue a permit to take amphibians and reptiles at any season of the year for scientific or educational purposes. The Department also could revoke such a permit.
Part 13 defines "permit" as a permit or operating license required by sections of the Act listed in the definition or rules promulgated under them. The bill would add to the list, "Section 48705, permit to take amphibians and reptiles for scientific or educational use."
The listed sections include Section 45503, which permits the DNR to issue permits to take frogs at any season of the year if used for scientific or experimental purposes. The bill would delete the reference to that section.
The bill is tie-barred to Senate Bill 316, which would repeal Part 455 (Frogs) of the Act. (In addition to the provision in Section 45503, Part 455 prohibits a person from killing or taking any species of frogs in the State from November 16 in any year until the Friday before the opening of black bass season the following year; and prohibits a person from spearing a frog with the aid of an artificial light at any time.)
House Bill 5200 is tie-barred to Senate Bill 316.
MCL 324.1301 & 324.48705 Legislative Analyst: Nathan Leaman
FISCAL IMPACT
The bill would not have a fiscal impact on the Department of Natural Resources (DNR) or local units of government. The permit fees the bill would remove have not generated revenue for the DNR in recent years. Removing them, therefore, would not result in a loss of revenue for the Department.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.