SENATE BILL NO. 1023


  March 18, 1998, Introduced by Senator JAYE and referred to 
       the Committee on Hunting, Fishing and Forestry.
     


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 48735 (MCL 324.48735), as added by 1995 PA

   57.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 48735.  (1) A person shall not take from any of the

 2    inland waters of this state any fish in any manner for the pur-

 3    pose of fish culture or scientific investigation without first

 4    obtaining a permit from the department, except that a person who

 5    is operating a private fish pond may take fish from his or her

 6    own pond for the purpose of propagation, scientific investiga-

 7    tion, or sale under part 459.  The department may issue
             permits

 8     to possess live game fish in public or private ponds, pools,
                       or

 9     aquariums under rules and regulations as the department

10     prescribes.  The department may cause to be taken
                       from the inland


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 1    waters of this state any species of fish for the purpose of

 2    obtaining spawn for fish culture or scientific investigation or

 3    for the protection of the inland waters from ecological damage or

 4    imbalance.  In addition, the department may cause to be taken

 5    from the inland waters of this state species of fish that are not

 6    required to maintain the fishery resources of the inland waters.

 7    All fish taken under this section shall be taken under the super-

 8    vision of a deputy of the department appointed for that purpose

 9    and in accordance with the regulations of the department of agri-

10    culture, and the fish may be sold or transferred by the

11    department.

12         (2) NOTWITHSTANDING SUBSECTION (1), NEITHER THE DEPARTMENT

13    NOR ANY OTHER PERSON SHALL USE POISON TO TAKE FISH FROM THE

14    INLAND WATERS OF THIS STATE FOR THE PURPOSES OF SCIENTIFIC

15    INVESTIGATION.

16         (3) THE DEPARTMENT MAY ISSUE PERMITS TO POSSESS LIVE GAME

17    FISH IN PUBLIC OR PRIVATE PONDS, POOLS, OR AQUARIUMS UNDER RULES

18    PRESCRIBED BY THE DEPARTMENT.

19         (4) A person shall not import or bring any live game fish or

20    viable eggs of any game fish from outside of this state except

21    under a permit from the department or under part 459 and the

22    rules promulgated in accordance with that part.  A person shall

23    not plant any spawn, fry, or fish of any kind in any of the

24    public waters of this state or any other waters under the juris-

25    diction of this state without first obtaining a permit from the

26    department that states the species, number, and approximate size

27    or age of the spawn, fry, or fish to be planted and the name and



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 1    location of the waters where the spawn, fry, or fish shall be

 2    planted.  A permit is not required to plant spawn, fry, or fish

 3    furnished by the federal or state government.  All permits shall

 4    be exhibited upon the request of any law enforcement officer.

 5         (5)  (2)  The department shall annually report
             to the legis-

 6    lature all fish sold or transferred pursuant to this part.












































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