324.48701 . Definitions
324.48702 . Ownership of fish, reptiles, amphibians, mollusks, crustaceans, and other aquaculture species found in state
324.48702a . Obstruction or interference in lawful taking of aquatic species; prohibited conduct
324.48702b . Violation of § 324.48702a; penalties and remedies
324.48703 . Prohibited devices; limits on multiple rods, lines, and hooks; use of tip-up devices; regulations on taking of fish with spear, bow and arrow, crossbow, or net
324.48703a . Aquatic and invasive species; legislative findings and declarations; regulations; issuance of orders; appropriation
324.48704 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48705 . Reptiles, amphibians, mollusks, and crustaceans
324.48706 . Obstructing free passage of fish; prohibited conduct
324.48707 . Lamprey control weirs
324.48708 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48709 . Artificial dam or barrier placed in trout stream; prohibited conduct
324.48710 . Trout streams; use of gaff or landing net
324.48711 . Possession of unlawful property, contrivance, or device; confiscation and disposal
324.48714a. Sport fishing guides; licensure requirements and procedure; duties; penalties
324.48714b. Sport fishing guide license application fees
324.48712 . Fishing in lake, stream, or pond used for propagation of fish; prohibitions
324.48713 . Removal of eggs from fish; prohibited conduct
324.48714 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48715 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48716 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48717 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48718 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48719 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48720 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48721 . Possession limits
324.48722 . Transportation and shipment of catch; limitations
324.48723 . Possession, sale, or transportation after close of season
324.48724 . Raw or unprocessed salmon eggs; prohibited conduct; fish cleaning stations; requirements; penalties and remedies
324.48725 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
324.48726 . Repealed by P.A.2008, No. 291, § 1, Imd. Eff. Oct. 6, 2008
324.48727 . Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Sec. 48701. As used in this part:
(a) “Amphibian” means any frog, toad, or salamander of the class amphibia.
(b) “Crustacea” means any freshwater crayfish, shrimp, or prawn of the order decapoda.
(c) “Dip net” means a square net that is constructed from a piece of webbing of heavy twine, hung on heavy cord or frame so as to be without sides or walls, and suspended from the corners and attached in such a manner that when the net is lifted no part is more than 4 feet below the plane formed by the imaginary lines connecting the corners from which the net is suspended. As used in fishing, it shall be lowered and raised vertically as nearly as possible.
(d) “Game fish” includes all of the following:
( i ) Lake trout (Salvelinus namaycush).
( ii ) Brook trout (Salvelinus fontinalis).
( iii ) Brown trout (Salmo trutta).
( iv ) Rainbow or steelhead trout (Oncorhynchus mykiss).
( v ) Atlantic landlocked salmon (Salmo salar sebago).
( vi ) Grayling (Thymallus arcticus).
( vii ) Largemouth bass (Micropterus salmoides).
( viii ) Smallmouth bass (Micropterus dolomieu).
( ix ) Bluegill (Lepomis macrochirus).
( x ) Pumpkinseed or common sunfish (Lepomis gibbosus).
( xi ) Black crappie and white crappie, also known as calico bass and strawberry bass (Pomoxis nigromaculatus and Pomoxis annularis).
( xii ) Yellow perch (Perca flavescens).
( xiii ) Walleye (Sander vitreous).
( xiv ) Northern pike (Esox lucius).
( xv ) Muskellunge (Esox masquinongy).
( xvi ) Lake sturgeon (Acipenser fulvescens).
( xvii ) Splake (Salvelinus namaycush x Salvelinus fontinalis).
( xviii ) Coho salmon (Oncorhynchus kisutch).
( xix ) Chinook (King) salmon (Oncorhynchus tshawytscha).
( xx ) Pink salmon (Oncorhynchus gorbuscha).
(e) “Genetically engineered” refers to a fish whose genome, chromosomal or extrachromosomal, is modified permanently and heritably, using recombinant nucleic acid techniques.
(f) “Hand net” means a mesh bag of webbing or wire suspended from a circular, oval, or rectangular frame attached to a handle.
(g) “Inland waters of this state” means the waters within the jurisdiction of the state except Saginaw river, Lakes Michigan, Superior, Huron, and Erie, and the bays and the connecting waters. The connecting waters between Lake Superior and Lake Huron are that part of the Straits of St. Mary in this state extending from a line drawn from Birch Point Range front light to the most westerly point of Round Island, thence following the shore of Round Island to the most northerly point thereof, thence from the most northerly point of Round Island to Point Aux Pins light, Ontario, to a line drawn due east and west from the most southerly point of Little Lime Island. The connecting waters of Lake Huron and Lake Erie are all of the St. Clair river, all of Lake St. Clair, and all of the Detroit river extending from Fort Gratiot light in Lake Huron to a line extending due east and west of the most southerly point of Celeron Island in the Detroit river.
(h) “Mollusks” means any mollusk of the classes bivalvia and gastropoda.
(i) “Nongame fish” includes all kinds of fish except game fish.
(j) “Nonresident” means a person who is not a resident.
(k) “Nontrout streams” means all streams or portions of streams other than trout streams.
( l ) “Open season” means the time during which fish may be legally taken or killed and includes both the first and last day of the season or period designated by this part.
(m) “Recombinant nucleic acid techniques” means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism.
(n) “Reptiles” means any turtle, snake, or lizard of the class reptilia.
(o) “Resident” means either of the following:
( i ) A person who resides in a settled or permanent home or domicile with the intention of remaining in this state.
( ii ) A student who is enrolled in a full-time course at a college or university within this state.
(p) “Trout lake” means a lake designated by the department in which brook trout, brown trout, or rainbow trout are the predominating species of game fish. The department may designate certain trout lakes in which certain species of fish are not desired and in which it is unlawful to use live fish of any kind for bait.
(q) “Trout stream” means any stream or portion of a stream that contains a significant population of any species of trout or salmon as determined by the department. The department shall designate not more than 212 miles of trout streams in which only lures or baits as the department prescribes may be used in fishing, and the department may prescribe the size and number of fish that may be taken from those trout streams. The department shall not restrict children under 12 years old from taking a minimum of 1 fish, except for lake sturgeon (Acipenser fulvescens), in any trout stream. Any trout stream in a county that includes a city with a population of 750,000 or more shall be so designated. In addition, the department shall issue an order adopting criteria for determining which trout streams should be so designated. Before the department issues the order, the department shall submit the proposed order to the commission. The commission shall receive public comment on the proposed order. The department shall consider any guidance provided by the commission on the proposed order and may make changes to the proposed order based on that guidance.
CREDIT(S)
P.A.1994, No. 451, § 48701, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2002, No. 434, Imd. Eff. June 10, 2002; P.A.2003, No. 270, Eff. March 30, 2004; P.A.2008, No. 291, Imd. Eff. Oct. 6, 2008.
324.48702. Fish, reptiles, amphibians, mollusks, and crustaceans as property of state; exception; registration under Michigan aquaculture development act.
Sec. 48702.
(1) Except as otherwise provided in subsection (2), all fish, reptiles, amphibians, mollusks, and crustaceans found in this state are the property of the state and may only be taken at times and in a manner as provided in this part.
(2) Fish, reptiles, amphibians, mollusks, crustaceans, and any other aquaculture species propagated, reared, produced, or possessed pursuant to a registration or permit issued under the Michigan aquaculture development act are not the property of the state and may be taken, produced, purchased, acquired, lawfully exported or imported, or possessed only in compliance with that act.
(3) The department shall consider a registration under the Michigan aquaculture development act as equivalent to a game fish breeders license for purposes of obtaining a planting permit under this part.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;--Am. 1996, Act 200, Imd. Eff. May 17, 1996.
324.48702a. Definitions; obstruction or interference in lawful taking of aquatic species; prohibited conduct.
Sec. 48702a.
(1) As used in this section and section 48702b:
(a) “Aquatic species” means fish, reptiles, mollusks, crustacea, minnows, wigglers, and amphibians of the class amphibia.
(b) “Take” and “taking” mean to fish for by any lawful method, catch, kill, capture, trap, or shoot any species of fish, reptiles, amphibians, mollusks, wigglers, or crustacea, regulated by this part, or to attempt to engage in any such activity.
(c) “Vessel” means every description of watercraft used or capable of being used as a means of transportation on water.
(2) A person shall not obstruct or interfere in the lawful taking of aquatic species by another person.
(3) A person violates this section when the person intentionally or knowingly does any of the following:
(a) Operates a vessel or a device designed to be used on the water which does not meet the definition of a vessel in a manner likely to significantly alter the behavior of aquatic species in order to hinder or prevent the lawful taking of an aquatic species.
(b) Wades or swims in a manner or at a location likely to cause a significant alteration in the behavior of aquatic species in order to hinder or prevent the lawful taking of an aquatic species.
(c) Tosses, drops, or throws any stone, rock, or other inert material in order to hinder or prevent the lawful taking of an aquatic species.
(d) Drives, herds, or disturbs any aquatic species in order to hinder or prevent the lawful taking of an aquatic species.
(e) Blocks, impedes, or harasses another person who is engaged in the process of lawfully taking an aquatic species.
(f) Uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect aquatic species behavior in order to hinder or prevent the lawful taking of an aquatic species.
(g) Erects barriers to deny ingress or egress to areas where the lawful taking of aquatic species may occur. This subdivision does not apply to a person who erects barriers to prevent trespassing on his or her property.
(h) Interjects himself or herself into the area where nets, fishing lines, or traps may be placed by a person lawfully taking aquatic species.
(i) Affects the condition or placement of personal or public property intended for use in the lawful taking of an aquatic species in order to impair the usefulness of the property or prevent the use of the property.
(j) Enters or remains upon private lands without the permission of the owner or the owner's agent, for the purpose of violating this section.
(k) Engages in any other act or behavior for the purpose of violating this section.
History: Add. 1996, Act 315, Eff. July 1, 1996 .
Compiler's Note: Enacting Section 3 of Act 315 of 1996 , which provided: “Section 3. This amendatory act shall not take effect unless Senate Bill No. 964 of the 88th Legislature is enacted into law.”
324.48702b. Violation of § 324.48702a.
Sec. 48702b.
(1) Upon petition of an aggrieved person or a person who reasonably may be aggrieved by a violation of section 48702a , a court of competent jurisdiction, upon a showing that a person was engaged in and threatens to continue to engage in illegal conduct under section 48702a, may enjoin that conduct.
(2) A person who violates section 48702a is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, or a fine of not less than $500.00 or more than $1,000.00, or both, and the costs of prosecution. A person who violates section 48702a a second or subsequent time is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not less than $1,000.00 or more than $2,500.00, or both, and the costs of prosecution. In addition to the penalties provided for in this subsection, any permit or license issued by the department authorizing the person to take aqunatic species shall be revoked. A prosecution under this subsection does not preclude prosecution or other action under any other criminal or civil statute.
(3) Section 48702a does not apply to a peace officer while the peace officer performs his or her lawful duties.
History: Add. 1996, Act 318, Eff. July 1, 1996.
324.48703. Prohibited devices; limits on multiple rods, lines, and hooks; use of tip-up devices; regulations on taking of fish with spear, bow and arrow, crossbow, or net
Sec. 48703. (1) An individual shall not take, catch, or kill or attempt to take, catch, or kill a fish in the waters of this state with a grab hook, snag hook, or gaff hook, by the use of a set or night line or a net or firearm or an explosive substance or combination of substances that have a tendency to kill or stupefy fish, or by any other means or device other than a single line or a single rod and line while held in the hand or under immediate control, and with a hook or hooks attached, baited with a natural or artificial bait while being used for still fishing, ice fishing, casting, or trolling for fish, which is a means of the fish taking the bait or hook in the mouth. An individual shall not use more than 3 single lines or 3 single rods and lines, or a single line and a single rod and line, and shall not attach more than 6 hooks on all lines. The commission may decrease the number of rods per angler. However, the commission shall not reduce the number of rods per angler to less than 2. For the purposes of this part, a hook is a single, double, or treble pointed hook. A hook, single, double, or treble pointed, attached to a manufactured artificial bait is counted as 1 hook. The commission may designate waters where a treble hook and an artificial bait or lure having more than 1 single pointed hook must not be used during the periods the commission designates.
(2) An individual shall not set or use a tip-up or other similar device for the purpose of taking fish through the ice unless the name and address of the individual owning the tip-up or other similar device is marked in legible English on the tip-up or other similar device or securely fastened to it by a plate or tag.
(3) The commission may issue an order to regulate the taking of fish with a spear, bow and arrow, or crossbow in the waters of this state.
(4) The commission may issue an order to regulate the taking of fish with nets in the waters of this state.
Credits
P.A.1994, No. 451, § 48703, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2008, No. 291, Imd. Eff. Oct. 6, 2008; P.A.2012, No. 245, Imd. Eff. July 2, 2012; P.A.2012, No. 471, Imd. Eff. Dec. 27, 2012; P.A.2018, No. 529, Imd. Eff. Dec. 28, 2018.
324.48703a. Aquatic and invasive species; legislative findings and declarations; regulations; issuance of orders; appropriation
Sec. 48703a. (1) The legislature finds and declares that aquatic invasive species, including Asian carp, represent a significant threat to the state's fisheries, aquatic resources, outdoor recreation and tourism economies, and public safety.
(2) The commission has the exclusive authority to regulate sport fishing under this part. The commission shall, to the greatest extent practicable, utilize principles of sound scientific management in making decisions regarding the regulation of sport fishing under this part. The commission may take testimony from department personnel, independent experts, and others, and review scientific literature and data, among other sources, in support of the commission's duty to use principles of sound scientific management. The commission shall issue orders regarding the regulation of sport fishing under this part 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) For the fiscal year ending September 30, 2017, there is appropriated for the department the sum of $1,000,000.00 to implement management practices necessary for rapid response, prevention, control, or elimination of aquatic invasive species, including Asian carp. Any portion of the amount under this section that is not expended in the fiscal year ending September 30, 2017 shall not lapse to the general fund but shall be carried forward in a work project account that is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Credits
P.A.1994, No. 451, § 48703a, added by P.A.2013, No. 21, Imd. Eff. May 8, 2013. Amended by P.A.2014, No. 281, Eff. March 31, 2015; P.A.2015, No. 12, Eff. July 13, 2015; P.A.2016, No. 382, Imd. Eff. Dec. 22, 2016.
324.48704. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
Sec. 324.48703.
A person holding a resident fishing license may take cisco with 1 gill net, not exceeding 165 feet in length and having meshes not less than 2 inches or more than 4 inches extension measure, between November 15 and December 10 of each year in those inland lakes and under rules promulgated by the department.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48705. Reptiles, amphibians, mollusks, and crustaceans.
Sec. 48705. (1) Reptiles, amphibians, mollusks, and crustaceans may only be taken in a manner and during those times prescribed by the commission. An individual taking, trapping, catching, or fishing for reptiles, amphibians, mollusks, or crustaceans for his or her personal use shall have a valid fishing license issued under part 435.
(2) An individual shall not take, trap, catch, or fish for reptiles or amphibians for commercial purposes.
(3) The department may issue permits under part 13 to take amphibians and reptiles at any season of the year for scientific or educational purposes. The department may revoke a permit issued under this subsection.
Credits
P.A.1994, No. 451, § 48705, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2018, No. 36, Imd. Eff. Feb. 21, 2018; P.A.2018, No. 529, Imd. Eff. Dec. 28, 2018.
324.48706. Seines or nets; prohibited use near dams; definition.
Sec. 48706.
Except as otherwise provided by law, a person shall not fish with any kind of seines or nets within a radius of 100 feet of or from any dam, frighten or hinder fish from the free passage up or down a fish chute or ladder, or place any obstruction or device in or across any race, stream, or river in this state in a manner that obstructs the free passage of fish up and down the race, stream, or river. For the purpose of this part, a dam is an artificial barrier or obstruction placed in a river or stream in this state which changes the natural elevation of the water level more than 2 feet.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48707. Lamprey control weirs
Sec. 48707.
A person shall not fish within a distance of 100 feet upstream or downstream from a lamprey control weir installed by the department or the United States fish and wildlife service and designated by the department.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48708. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
Sec. 48708.
A person may use a net not more than 50 feet in length and having meshes not less than 1-1/4 inches or more than 1-3/4 inches to take smelt in waters along the shores of the Great Lakes and connecting waters of the Great Lakes, as designated by the department. The annual license fee for each net described in this section is $3.00. When a net described in this section is set, there shall be affixed to both ends of the net a buoy or staff marker that has affixed to it the name, address, and license number of the owner of the net.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48709. Artificial dam or barrier placed in trout stream; prohibited conduct
Sec. 48709.
A person shall not destroy or attempt to destroy, or interfere with in any manner, any artificial dam or barrier placed in a trout stream under the direction of the department.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48710. Trout streams; use of gaff or landing net
Sec. 48710. This part does not prohibit the use of a gaff, except on or along trout streams, or a landing net to assist in landing fish already caught by a lawful device. This part does not apply to a person engaged in the business of propagating fish under part 4591 or to fish caught by a device for which a lawful permit or license is obtained from the department under this part.
Credits
P.A.1994, No. 451, § 48710, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2018, No. 36, Imd. Eff. Feb. 21, 2018; P.A.2018, No. 529, Imd. Eff. Dec. 28, 2018.
324.48711. Possession of unlawful property, contrivance, or device; confiscation and disposal
Sec. 48711. An individual shall not have in his or her possession any net, set lines, jack or other artificial light of any kind, dynamite, giant powder, or other explosive substance or combination of substances, hook and line, or any other contrivance or device to be used for the purpose of taking fish in violation of this part or any other act or part. Any such property, contrivance, or device found in the possession of an individual or found in a boat, boathouse, or any other place on any of the waters of this state or along the shores of the waters of this state must be confiscated and disposed of in the manner provided by law. An individual shall not have a gaff in his or her possession on or along any trout stream in this state or use, except from June 1 to Labor Day, on any trout stream a single hook of any kind that is more than ⅜ inches between the point of the hook and the shank. This section does not prohibit the use or possession of minnow seines, minnow traps, or dip nets as provided in section 487301 or the use and possession of seines, nets, spears, or artificial lights for the use of which a lawful permit or license has been issued by the department. Commercial anglers who have licenses to take fish in the Great Lakes may have in their possession nets or hook lines for that purpose only. In prosecutions for the violations of this section, and in proceedings for the confiscation of the property described in this section, the possession of any such property, contrivance, or device or, when not found in possession of any individual, the presence of any such property in a boat, boathouse, or any other place on the waters of this state or along the shores of the waters of this state is prima facie evidence that the property is owned, possessed, or used for the purpose of violating this part. The possession of any such property, contrivance, or device on the waters of this state that are closed to all fishing during the closed season on or along those waters is prima facie evidence that the property is owned, possessed, or used for the purpose of violating this part. This act or any other act does not apply to the department in its program in fisheries management or in the control of aquatic vegetation by individuals under permit issued by the department when, in the opinion of the department, that control is not inimical to the public interest.
Credits
P.A.1994, No. 451, § 48711, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2018, No. 529, Imd. Eff. Dec. 28, 2018.
324.48712. Fishing in lake, stream, or pond used for propagation of fish; prohibitions
Sec. 48712.
An individual shall not catch any fish or attempt to catch any fish in any manner in any lake, stream, or pond or portion of any lake, stream, or pond that is used by the state or federal government for the propagation of fish, except in the portion or portions of the lake, stream, or pond designated by the commission as open to fishing.
Credits
P.A.1994, No. 451, § 48712, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2018, No. 529, Imd. Eff. Dec. 28, 2018.
324.48713. Removal of eggs from fish; prohibited conduct
Sec. 48713.
A person shall not catch any game or nongame fish in any manner in any lake, stream, or pond or in the Great Lakes for the purpose of removing its eggs.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48714. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
Sec. 48714.
(1) A nonresident who resides in a state or country that does not allow residents of this state to act as commercial fishing guides within that state or country shall not act as a commercial fishing guide on the inland waters of this state.
(2) Notwithstanding subsection (1), a nonresident shall not act as a commercial fishing guide on the inland waters of Gogebic or Iron county.
(3) As used in this section, “commercial fishing guide” means a person who, for a fee or other consideration of value, regardless of whether the fee or consideration is paid directly or indirectly, is present and provides assistance to another person in pursuing, capturing, catching, killing, taking, or attempting to take fish.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48714a. Sport fishing guides; licensure requirements and procedure; duties; penalties
Sec. 48714a. (1) Beginning March 1, 2024, an individual shall not act as a sport fishing guide on an inland lake or stream, as that term is defined in section 30101,1 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 sport fishing guide, an individual shall submit the application fee described in section 48714b2 and an application to the department. The application must be in a format determined by the department. The department shall grant a license to an individual only 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, and that the individual can provide to the department, upon request, a copy of the certification.
(b) The individual 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 43522.3
(c) The individual has not been convicted of any of the following within the past 3 years:
(i) A violation of any of the following:
(A) Section 40112.4
(B) Section 40118(2), (3), (4), (5), (6), (14), (15), (16), or (17).5
(C) Section 41105.6
(D) Section 44524.7
(E) Section 48738(2) or (3).8
(F) Section 48739(1), (2), or (3).9
(ii) Any felony.
(iii) A violation of a law of a participating state substantially corresponding to a violation described in subparagraphs (i) to (ii).
(d) The individual is eligible to purchase a license for the fish species for which the individual is acting as a sport fishing guide.
(e) Unless the individual indicates in writing to the department that sport fishing guiding activities will occur without the use of a watercraft, the individual has either a valid state pilot's license issued by the department under section 4451010 or a valid captain's license issued by the United States Coast Guard.
(3) An individual shall not act as a sport fishing guide unless that individual, when acting as a sport fishing guide, carries a basic first aid kit that includes, but is not limited to, all of the following:
(a) Tourniquet, chest seals, and compression gauze.
(b) CPR mask.
(c) Trauma shears.
(d) Sterile eyewash.
(e) Mylar emergency blanket.
(f) Bandages.
(g) Moleskin.
(h) Tweezers.
(4) An individual shall not act as a sport fishing guide on commercial forestland.
(5) 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)11 with any sport fishing guide license issued under this section for each year that the sport fishing guide license is valid. The department may revoke a license under this section, after notice and opportunity for hearing in accordance with 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.
(6) A sport 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 species of fish for which the individual acted as a sport fishing guide.
(b) The number of clients that the sport fishing guide had for each fishing trip and the number of hours fished for each fishing trip.
(c) The number of fish caught and released and the number of fish harvested by the clients of the sport fishing guide.
(d) The bodies of water where the individual acted as a sport fishing guide.
(e) Any additional information the department requires regarding the fishing activity or biological characteristics of the fish caught and released or harvested.
(f) For any month that the guide did not act as a sport fishing guide, a report stating that the individual did not act as a sport fishing guide during that month.
(7) If an individual fails to file a monthly report under subsection (6) 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 a first violation, a $100.00 civil fine.
(b) For a 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 in accordance with 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.
(8) Information submitted in reports under subsection (6) is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(9) 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.
(10) An individual shall carry that individual's sport fishing guide license and shall exhibit the license upon the demand of a conservation officer, a peace officer, a tribal conservation officer, a park and recreation officer if sport fishing guiding takes place on property regulated under part 741 or 781,12 or the owner or occupant of any land where the individual is acting as a sport fishing guide.
(11) An individual who acts as a sport fishing guide without a valid license issued under this section or who acts as a sport fishing guide on commercial forestland is subject to a civil fine of not more than $500.00. An individual who acts as a sport fishing guide without a valid license issued under this section or who acts as a sport fishing guide on commercial forestland a second or subsequent time is subject to a civil fine of not more than $1,000.00. A civil fine collected under this subsection or subsection (7) must be deposited in the game and fish protection account established in section 2010.13
(12) An individual who provides false information to the department under this section is subject to a civil fine of not more than $500.00 and the costs of prosecution.
(13) As used in this section:
(a) “Consideration” means an economic benefit, inducement, right, or profit, including monetary payment accruing to an individual or person. Consideration 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.
(b) “Participating state” means that term as defined in section 1615.14
(c) “Sport 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. Sport fishing guide does not include any of the following:
(i) 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.
(ii) 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.
(iii) An individual who complies with subsection (2)(c) and who is working under the direct supervision of a licensed sport fishing guide. As used in this subparagraph, “direct supervision” means that visual and vocal contact is constantly maintained between the individual and the licensed sport fishing guide.
Credits
P.A.1994, No. 451, § 48714a, added by P.A.2023, No. 220, Eff. Feb. 20, 2024.
Footnotes
1 M.C.L.A. § 324.30101.
2 M.C.L.A. § 324.48714b.
3 M.C.L.A. § 324.43522.
4 M.C.L.A. § 324.40112.
5 M.C.L.A. § 324.40118.
6 M.C.L.A. § 324.41105.
7 M.C.L.A. § 324.44524.
8 M.C.L.A. § 324.48738.
9 M.C.L.A. § 324.48739.
10 M.C.L.A. § 324.44510.
11 M.C.L.A. § 324.78105.
12 M.C.L.A. § 324.74101 et seq. or 324.78101 et seq.
13 M.C.L.A. § 324.2010.
14 M.C.L.A. § 324.1615.
324.48714b. Sport fishing guide license application fees
Sec. 48714b. (1) Except as otherwise provided in this section, the department shall charge a resident applying for a sport fishing guide license under section 48714a1 an application fee of $150.00. The department shall charge a nonresident applying for a sport fishing guide license under section 48714a an application fee of $300.00. The operator of a charter boat licensed under part 4452 is not required to pay an application fee under this section. Money collected under this section must be deposited in the game and fish protection account established in section 2010.3
(2) If an individual elects to obtain a public boating access entry pass with the sport 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 must be deposited in the waterways account established in section 2035.4
Credits
P.A.1994, No. 451, § 48714b, added by P.A.2023, No. 220, Eff. Feb. 20, 2024.
Footnotes
1 M.C.L.A. § 324.48714a.
2 M.C.L.A. § 324.44501 et seq.
3 M.C.L.A. § 324.2010.
4 M.C.L.A. § 324.2035.
324.48715. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
Sec. 48715.
Except as otherwise provided by law, a person shall not take, catch, or kill or attempt to take, catch, or kill any species of fish in any of the following:
(a) A trout stream or any inland lake designated as a trout lake under this part except from the last Saturday in April through the second Sunday in September. However, the department may designate certain trout streams, or portions of trout streams in which nongame fish and game fish other than trout occur, as open to hook and line fishing at all seasons of the year for taking any species of fish on which the season is not closed.
(b) Lakes other than lakes designated as trout lakes shall be open to fishing throughout the year for taking any species of fish on which the season is not closed. The nontrout streams, the Great Lakes, and the connecting waters of the Great Lakes shall be open to fishing throughout the year for taking any species of fish on which the season is not closed.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48716. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
A person shall not take, catch, or kill or attempt to take, catch, or kill any fish of the species named in this section in any of the waters over which this state has jurisdiction except during the following open seasons:
(a) Bluegills and sunfish, no closed season.
(b) Northern pike, pike-perch, and muskellunge from the last Saturday in April to March 15 in the inland waters. These fish may be taken at any time from lake Macatawa, Ottawa county; Muskegon lake and White lake, Muskegon county; Spring lake, Muskegon and Ottawa counties; Pentwater lake, Oceana county; Pere Marquette lake, Mason county; Manistee lake, Bar lake at Arcadia, and Portage lake, Manistee county; Betsie lake, Benzie county; lake Charlevoix and Round lake, Charlevoix county; the Muskegon river downstream from Rogers dam, Mecosta county; and Lake Erie and the connecting waters of the Great Lakes. In Lakes Superior, Michigan, and Huron, except Saginaw bay, these fish may be taken from May 21 to March 31. In Saginaw bay, these fish may be taken from April 11 to March 4. In that part of upper Lake Huron known as Whitney bay, Pike bay, Island harbor, Les Cheneaux channels, Potagannissing bay, and certain waters on the south side of Drummond island, all as described in sections 47345, 47346, 47348, and 47349,1 these fish may be taken from May 1 to March 31.
(c) Brook trout, brown trout, rainbow trout, lake trout, splake, and landlocked salmon from the last Saturday in April through the second Sunday in September in the inland waters. The department shall designate the waters in which, in addition to the season provided for in this subdivision, any species of trout and in addition other fish for which the season is open may be taken with hook and line only during additional open seasons that the department prescribes.
(d) All species of trout except lake trout from the first Saturday in April to November 30 in the Great Lakes and connecting waters not otherwise closed to their taking. There is no closed season on lake trout in these waters.
(e) Perch, saugers, white bass, rock bass, warmouth bass, crappies, catfish, bullheads, ciscoes, herring, whitefish, pilot fish or menominee whitefish, smelt, suckers, mullet, redhorse carp, buffalo, shad, garfish, dogfish, lawyers, and sheepshead may be taken at all seasons of the year in waters that are open to fishing.
(f) Sturgeon during January and February from inland waters; at any time from waters of the Great Lakes and connecting waters not otherwise closed to their taking.
Credits
P.A.1994, No. 451, § 48716, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2014, No. 145, Imd. Eff. June 3, 2014.
Footnotes
[FN 1] M.C.L.A. §§ 324.47345, 324.47346, 324.47348, and 324.47349.
324.48717. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
Notwithstanding any other provision in this part or any order of the department, the following provisions are applicable during the open season for trout in that portion of Duck Creek within Gogebic County, Watersmeet Township, beginning at the old railroad bridge SE-SE section 16, T44N-R39W downstream to the Middle Branch of the Ontonagon River at NW-NW Section 27, T45N-R39W:
(a) Only artificial lures may be used to take trout.
(b) Trout must be at least 10 inches in length.
(c) Not more than 5 trout may be taken per day.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48718. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
The department may establish a closed season on any spawning bed when it appears that spawning or guarding does not coincide with the time of the closed season provided by law. Notices defining the closed areas must be posted not less than 5 days before taking effect. For the purpose of this part, a spawning bed means any section of a lake, river, pond, or other body of water where fish are known to congregate for the purpose of spawning. A person shall not operate any boat, floating device, or other contrivance propelled by or using as motive power steam, gas, naphtha, oil, gasoline, or electricity upon any spawning bed posted as provided in this part. The department may open to fishing at any time, for any species, in any manner, any waters in which an excessive mortality of fish occurs or is threatened.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48719. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
(1) A person shall not take or possess any of the following:
(a) Brook trout, brown trout, rainbow trout, steelhead, lake trout, and splake of a length less than 7 inches when taken from the inland waters or 10 inches when taken from the Great Lakes and connecting waters.
(b) Black bass, largemouth or smallmouth, and landlocked salmon of a length less than 10 inches.
(c) Great northern pike, grass pike, or pickerel of a length less than 20 inches, except that in Cisco lake, Thousand Island lake, Big African lake, Lindsley lake, and Poor lake in the Cisco chain of lakes and the West Branch of the Presque Isle river, all in the Upper Peninsula, great northern pike shall not be of a length less than 14 inches, and the department may lower size limits in designated waters.
(d) Pike-perch or walleyed pike of a length less than 13 inches.
(e) Muskellunge of a length less than 30 inches.
(f) Sturgeon of a length less than 42 inches.
(2) A person shall not possess on any waters over which this state has jurisdiction any fish that is so mutilated that the identification or measurement of that fish is impossible.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48720. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
The department may designate Crystal lake in Benzie county as open to fishing whenever it appears that this action is not inimical to the public interest.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
Sec. 48721. (1) The commission shall issue an order under part 4111 establishing possession limits of fish consistent with this section. An individual shall not possess more than the daily possession limit or aggregate daily possession limit, as applicable, of fish at the place where the fish were taken or in route from that place to either of the following:
(a) His or her automobile or other principal means of land transportation.
(b) His or her residence or temporary place of lodging.
(2) In addition to 1 day's possession limit of fish, an individual may possess an additional 2 days' possession limit of fish that are processed by any of the following methods:
(a) Canning in a sealed container.
(b) Curing by smoking or drying.
(c) Freezing in a solid state.
(3) An individual's processed fish aboard a vessel, on the water or at dockside, are considered to be in the individual's possession for the purposes of subsection (2).
(4) An individual shall not possess a fish illegally taken.
Credits
P.A.1994, No. 451, § 48721, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2010, No. 30, Eff. April 1, 2011; P.A.2018, No. 529, Imd. Eff. Dec. 28, 2018.
[FN1] M.C.L.A. § 324.41101 et seq.
324.48722. Transportation and shipment of catch; limitations
Sec. 48722.
A resident or nonresident who holds an unexpired fishing license issued in his or her name may carry as open hand baggage not more than 1 day's legal catch of fish. However, any person holding an unexpired fishing license may obtain only 1 permit from the department authorizing that person to ship 1 day's legal catch of any species of game fish or combination of species. The catch of 2 or more licensed anglers may be combined in a single package. However, the permit of each angler whose catch is combined in the package shall be attached to the package.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48723. Possession, sale, or transportation after close of season
Sec. 48723.
A person shall not purchase, buy, or sell, attempt to purchase, buy, or sell, transport to any point outside of this state at any time, or possess during the periods in which the taking or catching of the fish is prohibited, any species of fish taken on a sport fishing license or any species of fish taken without a commercial fishing license. Any lawfully taken fish may be possessed for 60 days after the close of the respective open seasons. A person possessing a nonresident fishing license may take from this state a day's legal catch of fish in accordance with his or her license. This section does not apply to or conflict with the possession, sale, or transportation of fish taken legally under the commercial fishing laws and regulations of this state.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48724. Raw or unprocessed salmon eggs; prohibited conduct; fish cleaning stations; requirements; penalties and remedies
Sec. 48724.
(1) As used in this section, “fish cleaning station” means an operation or location used to clean salmon for sport fishers.
(2) Except as provided in subsection (3)(c), a person shall not purchase, sell, or otherwise exchange anything of value for raw or unprocessed salmon eggs unless the person is licensed pursuant to section 47333 and the sale, purchase, or exchange of the raw or unprocessed salmon eggs is made with another person who is also licensed pursuant to section 47333.
(3) A person who operates or is the agent of an operator of a fish cleaning station shall not do any of the following:
(a) Accept raw or unprocessed salmon eggs except from whole salmon, known as salmon in the round, or eggs salvaged from salmon cleaned at the station.
(b) Operate a fish cleaning station that sells raw or unprocessed salmon eggs without a current and valid permit issued by the department.
(c) Buy, barter, or otherwise exchange anything of value for raw or unprocessed salmon eggs. This subdivision does not prohibit the operator of a fish cleaning station or his or her agents from exchanging the service of cleaning salmon in exchange for the eggs in the salmons' carcasses or from charging a fee for cleaning salmon.
(d) Buy or sell salmon carcasses taken by a person licensed under part 435.
(4) A person issued a permit to operate a fish cleaning station shall comply with all of the following requirements:
(a) Raw or unprocessed salmon eggs may only be collected and stored at the location of the fish cleaning station specified in the permit.
(b) The fish cleaning station shall be licensed in accordance with the food processing act of 1977, Act No. 328 of the Public Acts of 1978, being sections 289.801 to 289.810 of the Michigan Compiled Laws, and operated in compliance with the Michigan food law of 1968, Act No. 39 of the Public Acts of 1968, being sections 289.701 to 289.727 of the Michigan Compiled Laws, only when the salmon eggs or salmon, or both, are sold or given to another person for human consumption.
(c) Disposal of offal and unwanted salmon carcasses shall be in a manner approved by the local health department.
(d) A permit holder shall accept from sport fishers all salmon carcasses that are brought to the station and shall hold and dispose of them and their offal only in a manner approved by the local health department.
(e) As a condition of his or her permit, a permit holder whose fish cleaning station is located on state owned land shall provide free access to the fish cleaning station facilities to anglers who wish to use the facilities to clean their own salmon catch.
(5) This section shall not be construed to prohibit the selling or buying of chemically treated salmon eggs in the form of spawn sacks or spawn bags.
(6) If the department finds that a person is in violation of this section or a permit issued under this section, the department may issue an order requiring the person to comply with the permit. In addition to the penalties provided for in this part, the department or its agent, the attorney general, or a person may seek injunctive relief for a violation of this section or a permit issued under this section.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48725. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
A person shall not at any time take, attempt to take, or possess any grayling taken from any of the waters over which this state has jurisdiction.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
324.48726 - 324.48726. Repealed by P.A.2008, No. 291, § 1, Imd. Eff. Oct. 6, 2008
324.48727. Repealed by P.A.2018, No. 529, § 1, Imd. Eff. Dec. 28, 2018
Former Text:
(1) On and after October 26, 1993, the snagging of fish is illegal in this state.
(2) The department shall manage fisheries on the Pere Marquette river at or above the site of the lamprey blocking weir.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.
Popular Name: Act 451