HOUSE BILL No. 4442

 

 

April 10, 2019, Introduced by Reps. Howell, Cambensy, Wozniak, Rendon, Crawford, Bellino, Wakeman, Pohutsky, Sowerby, Calley and Cherry and referred to the Committee on Natural Resources and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 40113a (MCL 324.40113a), as amended by 2016 PA

 

382, and by adding sections 43528c, 43528d, 48714a, and 48714b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40113a. (1) The legislature finds and declares that:

 

     (a) The fish and wildlife populations of the state and their

 

habitat are of paramount importance to the citizens of this state.

 

     (b) The conservation of fish and wildlife populations of the

 

state depend upon the wise use and sound scientific management of

 

the state's natural resources.

 

     (c) The sound scientific management of the fish and wildlife

 

populations of the state, including hunting of bear, is declared to

 

be in the public interest.

 

     (d) The sound scientific management of bear populations in


this state is necessary to minimize human/bear encounters and to

 

prevent bears from threatening or harming humans, livestock, and

 

pets.

 

     (2) The commission has the exclusive authority to regulate the

 

taking of game as that term is defined in section 40103 and to

 

regulate sport fishing under part 487 in this state, including, but

 

not limited to, regulating the use of commercial guides in taking

 

game and fish. The commission shall, to the greatest extent

 

practicable, utilize principles of sound scientific management in

 

making decisions regarding the taking of game. The commission may

 

take testimony from department personnel, independent experts, and

 

others, and review scientific literature and data, among other

 

sources, in support of its duty to use principles of sound

 

scientific management. The commission shall issue orders regarding

 

the taking of game following a public meeting and an opportunity

 

for public input. Not less than 30 days before issuing an order,

 

the commission shall provide a copy of the order to each of the

 

following:

 

     (a) Each member of each standing committee of the senate or

 

house of representatives that considers legislation pertaining to

 

conservation, the environment, natural resources, recreation,

 

tourism, or agriculture.

 

     (b) The chairperson of the senate appropriations committee and

 

the chairperson of the house of representatives appropriations

 

committee.

 

     (c) The members of the subcommittee of the senate

 

appropriations committee and the subcommittee of the house of


representatives appropriations committee that consider the budget

 

of the department of natural resources.

 

     (3) The legislature declares that hunting, fishing, and the

 

taking of game are a valued part of the cultural heritage of this

 

state and should be forever preserved. The legislature further

 

declares that these activities play an important part in the

 

state's economy and in the conservation, preservation, and

 

management of the state's natural resources. Therefore, the

 

legislature declares that the citizens of this state have a right

 

to hunt, fish, and take game, subject to the regulations and

 

restrictions prescribed by subsection (2) and law.

 

     Sec. 43528c. (1) Beginning March 1, 2019, an individual shall

 

not act as a commercial hunting guide in this state unless that

 

individual possesses both of the following:

 

     (a) A valid license issued under subsection (2).

 

     (b) A valid base license issued under section 43523a.

 

     (2) To obtain a license to act as a commercial hunting guide,

 

an individual shall submit the application fee described in section

 

43528d and an application to the department. The application must

 

be in a form and format determined by the department. The

 

department shall only grant a license to an individual if the

 

department determines all of the following:

 

     (a) That the individual holds a valid certification in first

 

aid and cardiopulmonary resuscitation issued by the American Red

 

Cross, the American Heart Association, or a comparable organization

 

approved by the department.

 

     (b) That the individual is covered by commercial general


liability insurance with limits of not less than $300,000.00 per

 

claim and $1,000,000.00 aggregate, for the period that the license

 

is valid.

 

     (c) The person has a valid, lawfully obtained Michigan driver

 

license issued under the Michigan vehicle code, 1949 PA 300, MCL

 

257.1 to 257.923, an official state personal identification card

 

issued under 1972 PA 222, MCL 28.291 to 28.300, or a sportcard

 

issued under section 43522.

 

     (d) Until February 29, 2020, the individual has not been

 

convicted of any of the following within the past 2 years:

 

     (i) A violation of this part or part 401, 411, 413, 445, or

 

487.

 

     (ii) A violation of an order or interim order issued under

 

this part or part 401, 411, 413, 445, or 487.

 

     (iii) Any felony.

 

     (iv) A violation of a law of a participating state

 

substantially corresponding to a violation described in

 

subparagraphs (i) to (iii).

 

     (e) Beginning March 1, 2020, the individual has not been

 

convicted of any of the following within the past 3 years:

 

     (i) A violation of this part or part 401, 411, 413, 445, or

 

487.

 

     (ii) A violation of an order or interim order issued under

 

this part or part 401, 411, 413, 445, or 487.

 

     (iii) Any felony.

 

     (iv) A violation of a law of a participating state

 

substantially corresponding to a violation described in


subparagraphs (i) to (iii).

 

     (f) The individual is eligible to purchase a license for the

 

game species for which the individual is acting as a commercial

 

hunting guide.

 

     (3) An individual shall not act as a commercial hunting guide

 

on commercial forestland.

 

     (4) A license issued under this section is valid for 3 years

 

after the date it is issued. The department may revoke a license

 

under this section, after notice and opportunity for hearing

 

pursuant to the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328, for any of the following reasons:

 

     (a) The department determines that the individual is not

 

eligible to hold a license under this section.

 

     (b) The individual provides false information under this

 

section.

 

     (c) The individual fails to file an annual report under

 

subsection (5), and that report remains unfiled for more than 90

 

days after it is due.

 

     (5) A commercial hunting guide shall file an annual report

 

with the department, in a format determined by the department, that

 

contains information related to all of the following:

 

     (a) The counties of this state where the individual acted as a

 

commercial hunting guide.

 

     (b) The species of game for which the individual acted as a

 

commercial hunting guide.

 

     (c) The number of clients that the commercial hunting guide

 

had during the year.


     (d) The number of game animals harvested by the clients of the

 

commercial hunting guide.

 

     (e) Any additional information the department requires

 

regarding the biological characteristics of the game animals

 

harvested.

 

     (6) Information submitted in a report under subsection (5) is

 

confidential and is not subject to disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (7) The department shall annually post on its website all of

 

the following:

 

     (a) The number of applications submitted under subsection (2)

 

in the previous year.

 

     (b) The number of licenses issued under this section in the

 

previous year.

 

     (c) A list of individuals who have valid licenses under this

 

section.

 

     (8) A individual shall carry his or her commercial hunting

 

guide license and shall exhibit the license upon the demand of a

 

conservation officer, a law enforcement officer, a tribal

 

conservation officer, or the owner or occupant of any land where

 

the individual is acting as a commercial hunting guide.

 

     (9) An individual who acts as a commercial hunting guide

 

without a valid license issued under this section or who acts as a

 

commercial hunting guide on commercial forestland is subject to a

 

civil fine of $2,000.00. An individual who acts as a commercial

 

hunting guide without a valid license issued under this section or

 

who acts as a commercial hunting guide on commercial forestland a


second or subsequent time is subject to a civil fine of $4,000.00.

 

A civil fine collected under this subsection must be deposited in

 

the game and fish protection account established in section 2010.

 

     (10) An individual who provides false information to the

 

department under this section is guilty of a misdemeanor punishable

 

by imprisonment for not more than 180 days or a fine of not less

 

than $1,000.00 or more than $2,500.00, or both, and the costs of

 

prosecution.

 

     (11) As used in this section:

 

     (a) "Commercial hunting guide" means an individual who, for a

 

fee or other consideration of value, provides assistance to another

 

individual in hunting game. Commercial hunting guide does not

 

include any of the following:

 

     (i) The owner of private land while providing assistance to

 

another individual in pursuing, capturing, catching, killing,

 

taking, or attempting to take game on that private land.

 

     (ii) The owner, employee, or member of a game bird hunting

 

preserve licensed under part 417, or his or her designee, while

 

providing assistance to another individual in pursuing, capturing,

 

catching, killing, taking, or attempting to take game birds

 

authorized to be hunted on that game bird hunting preserve.

 

     (iii) An individual, business, agency, or nonprofit

 

organization issued a permit from the department to provide damage

 

or nuisance animal control services, while providing those damage

 

or nuisance animal control services.

 

     (iv) An employee or member of an organization conducting a

 

not-for-profit event to recruit, retain, or promote hunting, while


providing assistance to another individual in hunting game during

 

that event.

 

     (b) "Consideration of value" means an economic benefit,

 

inducement, right, or profit, including monetary payment accruing

 

to an individual or person. Consideration of value does not include

 

a voluntary sharing of the actual expenses of the guiding activity

 

by monetary contribution or donation of fuel, food, beverages, or

 

other supplies.

 

     (c) "Participating state" means that term as defined in

 

section 1615.

 

     (d) "Privately owned cervid ranch" means that term as defined

 

in section 6 of the animal industry act, 1988 PA 466, MCL 287.706.

 

     Sec. 43528d. Except as otherwise provided in this section, the

 

department shall charge a resident applying for a commercial

 

hunting guide license under section 43528c an application fee of

 

$500.00. If a resident applies for a commercial hunting guide

 

license and that resident has previously applied for a commercial

 

fishing guide license in the same year, the department shall only

 

charge that individual an application fee of $250.00 under this

 

section. The department shall charge a nonresident applying for a

 

commercial hunting guide license under section 43528c an

 

application fee of $750.00. If a nonresident applies for a

 

commercial hunting guide license and that nonresident has

 

previously applied for a commercial fishing guide license in the

 

same year, the department shall only charge that individual an

 

application fee of $250.00 under this section. Money collected

 

under this section must be deposited in the game and fish


protection account established in section 2010.

 

     Sec. 48714a. (1) Beginning March 1, 2019, an individual shall

 

not act as a commercial fishing guide on the inland waters of this

 

state unless that individual possesses both of the following:

 

     (a) A valid license issued under subsection (2).

 

     (b) A valid fishing license.

 

     (2) To obtain a license to act as a commercial fishing guide,

 

an individual shall submit the application fee described in section

 

48714b and an application to the department. The application must

 

be in a form and format determined by the department. The

 

department shall only grant a license to an individual if the

 

department determines all of the following:

 

     (a) That the individual holds a valid certification in first

 

aid and cardiopulmonary resuscitation issued by the American Red

 

Cross, the American Heart Association, or a comparable organization

 

as approved by the department.

 

     (b) That the individual is covered by commercial general

 

liability insurance with limits of not less than $300,000.00 per

 

claim and $1,000,000.00 aggregate, for the period that the license

 

is valid.

 

     (c) The person has a valid, lawfully obtained Michigan driver

 

license issued under the Michigan vehicle code, 1949 PA 300, MCL

 

257.1 to 257.923, an official state personal identification card

 

issued under 1972 PA 222, MCL 28.291 to 28.300, or a sportcard

 

issued under section 43522.

 

     (d) Until February 29, 2020, the individual has not been

 

convicted of any of the following within the past 2 years:


     (i) A violation of this part or part 401, 411, 413, 435, or

 

445.

 

     (ii) A violation of an order or interim order issued under

 

this part or part 401, 411, 413, 435, or 445.

 

     (iii) Any felony.

 

     (iv) A violation of a law of a participating state

 

substantially corresponding to a violation described in

 

subparagraphs (i) to (iii).

 

     (e) Beginning March 1, 2020, the individual has not been

 

convicted of any of the following within the past 3 years:

 

     (i) A violation of this part or part 401, 411, 413, 435, or

 

445.

 

     (ii) A violation of an order or interim order issued under

 

this part or part 401, 411, 413, 435, or 445.

 

     (iii) Any felony.

 

     (iv) A violation of a law of a participating state

 

substantially corresponding to a violation described in

 

subparagraphs (i) to (iii).

 

     (3) An individual shall not act as a commercial fishing guide

 

on commercial forestland.

 

     (4) A license issued under this section is valid for 3 years

 

after the date it is issued. The department shall allow an

 

individual to obtain a public boating access entry pass required

 

under section 78105(3) with any commercial fishing guide license

 

issued under this section for each year that the commercial fishing

 

guide license is valid. The department may revoke a license under

 

this section, after notice and opportunity for hearing pursuant to


the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328, for either of the following reasons:

 

     (a) The department determines that an individual is not

 

eligible to hold a license under this section.

 

     (b) The individual provides false information under this

 

section.

 

     (5) A commercial fishing guide shall file monthly reports to

 

the department, in a format determined by the department, that

 

contain information related to all of the following:

 

     (a) The counties of this state where the individual acted as a

 

commercial fishing guide.

 

     (b) The species of fish for which the individual acted as a

 

commercial fishing guide.

 

     (c) The number of clients that the commercial fishing guide

 

had for each fishing trip and the number of hours fished for each

 

fishing trip.

 

     (d) The number of fish caught and released and the number of

 

fish harvested by the clients of the commercial fishing guide.

 

     (e) The bodies of water where the individual acted as a

 

commercial fishing guide.

 

     (f) Any additional information the department requires

 

regarding the fishing activity or biological characteristics of the

 

fish caught and released or harvested.

 

     (g) For any month that the guide did not act as a commercial

 

fishing guide, a report stating that the individual did not act as

 

a commercial fishing guide during that month.

 

     (6) If an individual fails to file a monthly report under


subsection (5) and that report remains unfiled for more than 90

 

days after the date it is due, the individual is subject to the

 

following:

 

     (a) For the first violation, a $100.00 civil fine.

 

     (b) For the second violation, a $200.00 civil fine.

 

     (c) For a third violation, a $500.00 civil fine.

 

     (d) For a fourth violation, after notice and an opportunity

 

for hearing pursuant to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, a revocation of the individual's

 

license under this section.

 

     (7) Information submitted in reports under subsection (5) is

 

confidential and is not subject to disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (8) The department shall annually post on its website all of

 

the following:

 

     (a) The number of applications submitted under subsection (2)

 

in the previous year.

 

     (b) The number of licenses issued under this section in the

 

previous year.

 

     (c) A list of individuals who have valid licenses under this

 

section.

 

     (9) An individual shall carry his or her commercial fishing

 

guide license and shall exhibit the license upon the demand of a

 

conservation officer, a law enforcement officer, a tribal

 

conservation officer, or the owner or occupant of any land where

 

the individual is acting as a commercial fishing guide.

 

     (10) An individual who acts as a commercial fishing guide


without a valid permit issued under this section is subject to a

 

civil fine of $2,000.00. An individual who acts as a commercial

 

fishing guide without a valid license issued under this section a

 

second or subsequent time is subject to a civil fine of $4,000.00.

 

A civil fine collected under this subsection or subsection (6) must

 

be deposited in the game and fish protection account established in

 

section 2010.

 

     (11) An individual who provides false information to the

 

department under this section is guilty of a misdemeanor punishable

 

by imprisonment for not more than 180 days or a fine of not less

 

than $1,000.00 or more than $2,500.00, or both, and the costs of

 

prosecution.

 

     (12) As used in this section:

 

     (a) "Commercial fishing guide" means an individual who, for a

 

fee or other consideration, provides assistance to another

 

individual in pursuing, capturing, catching, killing, taking, or

 

attempting to take fish. Commercial fishing guide does not include

 

an employee or member of an organization conducting a not-for-

 

profit activity to recruit, retain, or promote fishing, while

 

providing assistance to another individual in taking fish during

 

that activity, or the owner of private land while providing

 

assistance to another individual in pursuing, capturing, catching,

 

killing, taking, or attempting to take fish on that private land.

 

     (b) "Consideration of value" means an economic benefit,

 

inducement, right, or profit, including monetary payment accruing

 

to an individual or person. Consideration of value does not include

 

a voluntary sharing of the actual expenses of the guiding activity,


by monetary contribution or donation of fuel, food, beverage, or

 

other supplies.

 

     (c) "Participating state" means that term as defined in

 

section 1615.

 

     Sec. 48714b. (1) Except as otherwise provided in this section,

 

the department shall charge a resident applying for a commercial

 

fishing guide license under section 48714a an application fee of

 

$500.00. If a resident applies for a commercial fishing guide

 

license and that resident has previously applied for a commercial

 

hunting guide license in the same year, the department shall only

 

charge that individual an application fee of $250.00 under this

 

section. The department shall charge a nonresident applying for a

 

commercial fishing guide license under section 48714a an

 

application fee of $750.00. If a nonresident applies for a

 

commercial fishing guide license and that nonresident has

 

previously applied for a commercial hunting guide license in the

 

same year, the department shall only charge that individual an

 

application fee of $250.00 under this section. Money collected

 

under this section shall be deposited in the game and fish

 

protection account established in section 2010.

 

     (2) If an individual elects to obtain a public boating access

 

entry pass with the commercial fishing guide license under section

 

48714a, the department shall charge that individual a $300.00 fee.

 

Money collected for a public boating access entry pass under this

 

section shall be deposited in the waterways account established in

 

section 2035.

 

     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.