S.B. 1057: FIRST ANALYSIS - FISHING LICENSE WAIVER

Senate Bill 1057 (as reported without amendment)

Committee: Hunting, Fishing and Forestry

Date Completed: 6-8-98

RATIONALE

Under the Natural Resources and Environmental Protection Act (NREPA), the Department of Natural Resources (DNR) requires a person to obtain a license or permit to fish in all State waters. The Act provides that the DNR may designate one day or two consecutive days each year as free fishing days, during which a resident or nonresident may fish for all species of fish in all State waters designated by the DNR without purchasing a license or permit. A person who fishes during the free fishing days has the same privileges as a holder of a limited fishing license issued under the Act.

Apparently, there has been some concern, however, that participants in fishing derbies that might take place outside of the free fishing days, have to purchase a fishing license or permit before being able to participate. In order to encourage involvement in the sport of fishing, some people believe that the fishing license requirement should be waived for participants in nonprofit fishing derbies.

CONTENT

The bill would amend Part 435 (Hunting and Fishing Licensing) of the NREPA to allow a person to fish at any time without a license or permit if the person were participating in a fishing derby conducted by an entity described in Section 501(c)(3) of the Internal Revenue Code (e.g., a nonprofit charitable corporation) and approved by the Department of Natural Resources.

MCL 324.43534

ARGUMENTS

(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)

Supporting Argument

The bill would allow fishing without a license only for those persons who participated in a fishing derby conducted by a nonprofit organization. The bill specifies that the DNR would have to approve the fishing derby before the fishing license could be waived. Fishing derbies attempt to foster interest in the sport of fishing for the young and old.

Response: The DNR supports the concept of fishing as a legitimate sport, but does not advocate fishing in the form of a derby or contest. The DNR currently sponsors fishing events to educate adults and children about fishing techniques, equipment, rules and regulations, and ethics.

- Legislative Analyst: N. Nagata

FISCAL IMPACT

The bill would result in an indeterminate decrease in license revenues, dependant on the number and popularity of fishing derbies. The bill would have no fiscal impact on local government.

- Fiscal Analyst: G. Cutler

A9798\S1057A

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.