S.B. 1023: COMMITTEE SUMMARY - FISH POISON & GAME FISH

Senate Bill 1023 (as introduced 3-18-98)

Sponsor: Senator Dave Jaye

Committee: Hunting, Fishing and Forestry

Date Completed: 3-24-98

CONTENT

The bill would amend Part 487 (Sport Fishing) of the Natural Resources and Environmental Protection Act to prohibit the Department of Natural Resources (DNR) or any other person from using poison to take fish from the inland waters of the State for the purposes of scientific investigation.

Currently, the Act prohibits any person from taking any fish from any of the inland waters of the State for the purpose of fish culture or scientific investigation without first obtaining a permit from the DNR. A person who is operating a private fish pond may take fish from his or her own pond for the purpose of propagation, scientific investigation, or sale under the Act. The DNR may take any species of fish from inland waters of the State for purposes of obtaining spawn for fish culture, scientific investigation, or protection of the inland waters from ecological damage or imbalance. In addition, the DNR may take species of fish that are not required to maintain the fishery resources of the inland waters. All fish taken under the Act must be taken under the supervision of a deputy of the DNR appointed for that purpose and in accordance with Department of Agriculture regulations. The fish also may be sold or transferred by the DNR.

The current law also allows the DNR to possess live game fish in public or private ponds, pools, or aquariums under DNR rules. A person is prohibited from importing or bringing any live game fish or viable eggs of any game fish from outside of the State except under a permit from the DNR or under Part 459 (Propagation of Game Fish in Private Waters) of the Act. A person must not plant any spawn, fry, or fish of any kind in public waters of the State or any State waters without first obtaining a permit from the DNR stating the species, number and approximate size or age of the spawn, fry, or fish to be planted and the name and location of the water. All permits must be exhibited upon the request of any law enforcement officer. A permit, however, is not required to plant spawn, fry, or fish furnished by the Federal or State government.

(Under the Act, "game fish" includes Mackinaw or lake trout, brook or speckled trout, brown and Loch Leven trout, rainbow and steelhead trout, landlocked salmon, grayling, largemouth and smallmouth black bass, bluegill, pumpkinseed or common sunfish, black crappie and white crappie, perch, walleyed pike, grass pike or pickerel, muskellunge, and sturgeon.)

MCL 324.48735 - Legislative Analyst: N. Nagata

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

- Fiscal Analyst: G. Cutler

S9798\S1023SA

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.