2023 Senate Bill 441 / Public Act 239

Natural resources: fishing; certain requirements for charter boat operators, commercial fishers, and wholesale dealers of fish; modify.

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 44508, 44524, 47325, 47327, and 47333 (MCL 324.44508, 324.44524, 324.47325, 324.47327, and 324.47333), sections 44508, 47325, and 47333 as added by 1995 PA 57, section 44524 as amended by 2012 PA 249, and section 47327 as amended by 2020 PA 385.

Introduced in the Senate

June 28, 2023

Introduced by Sen. Sue Shink (D-14) and two co-sponsors

Co-sponsored by Sens. Stephanie Chang (D-3) and Rosemary Bayer (D-13)

Referred to the Committee on Natural Resources and Agriculture

Sept. 26, 2023

Reported with substitute S-1

Sept. 27, 2023

Referred to the Committee of the Whole

Oct. 4, 2023

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Oct. 5, 2023

Amendment offered by Sen. Ed McBroom (R-38)

1. Amend page 4, following line 27, by inserting:

“Sec. 46701. (1) Notwithstanding any other act or part to the contrary, any statute or law of this state governing commercial fishing may be suspended, abridged, extended, or modified by the department when, in the opinion of the department, that action is necessary for the better if the director of the department of natural resources makes scientific findings that an imminent danger exists to the protection, preservation, maintenance, and harvesting of the fish. The existing statutes and laws regulating commercial fishing shall remain in full force and effect unless suspended, abridged, extended, or modified by order of the department in the manner provided in this part or by subsequent acts of the legislature.fish and the commission concurs with the findings, the department may suspend, abridge, extend, or modify any law of this state governing commercial fishing by emergency order, subject to section 46702.

(2) An emergency order adopted under subsection (1) remains in effect until the earliest of the following dates:

(a) The date an identical or similar rule is promulgated.

(b) The date an identical or similar bill is enacted into law.

(c) The date 545 days after the order is adopted.

(d) The date set forth in the emergency order.” .

The amendment failed by voice vote

Passed in the Senate 21 to 16 (details)

Received in the House

Oct. 5, 2023

Referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation

Oct. 26, 2023

Reported without amendment

Nov. 8, 2023

Amendment offered by Rep. David Martin (R-68)

1. Amend page 1, following line 3, by inserting:

“(2) The department shall form a catch activity committee that is composed of 2 individuals from the department and 2 representatives from the Michigan charter boat association. The catch activity committee shall do all of the following:

(a) Develop a monthly Advise on changes to the catch activity report form that pertains to the number, type, and location of fish taken from charter boats in this state.

(b) Plan and prioritize Advise on research priorities concerning the information gathered pursuant to this section.” and renumbering the remaining subsections.

2. Amend page 2, line 14, after “subsection” by striking out “(4).” and inserting “(5).”.

3. Amend page 2, line 18, after “subsection” by striking out “(4).” and inserting “(5).”.

4. Amend page 2, line 20, after “subsection” by striking out “(4).” and inserting “(5).”.

5. Amend page 4, line 10, after “section” by striking out “44508(4)(c)” and inserting “44508(5)(c)”.

The amendment passed by voice vote

Nov. 9, 2023

Substitute H-1 offered by Rep. Jason Morgan (D-23)

The substitute passed by voice vote

Passed in the House 87 to 20 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Nov. 9, 2023

Substitute H-1 concurred in 23 to 13 (details)

Signed by Gov. Gretchen Whitmer

Nov. 30, 2023