Michigan Compiled Laws
451-1994-III-2-3-AQUATIC-SPECIES-473 - Part 473 Commercial Fishing (324.47301...324.47362)
Section 324.47301a - Obstruction or Interference in Lawful Taking of Fish; Prohibited Conduct; Injunction; Violation as Misdemeanor; Penalty; Applicability of Section to Peace Officer; Definitions.

Sec. 47301a.
(1) A person shall not obstruct or interfere in the lawful taking of fish by a person licensed under this part.
(2) 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 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 fish.
(f) Uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal behavior in order to hinder or prevent the lawful taking of fish.
(g) Erects barriers to deny ingress or egress to waters where the lawful taking of fish 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 or fishing lines are cast by a person lawfully taking fish.
(i) Affects the condition or placement of personal or public property intended for use in the lawful taking of fish 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.
(3) Upon petition of an aggrieved person or a person who reasonably may be aggrieved by a violation of this section, a court of competent jurisdiction, upon a showing that a person was engaged in and threatens to continue to engage in illegal conduct under this section, may enjoin that conduct.
(4) A person who violates this section 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 $5,000.00, or both, and the costs of prosecution. A person who violates this section 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 $10,000.00, or both, and the costs of prosecution. In addition to the penalties provided in this subsection, any permit or license issued by the department authorizing the person to take aquatic species shall be revoked. A prosecution under this section does not preclude prosecution or other action under any other criminal or civil statute.
(5) This section does not apply to a peace officer while the peace officer performs his or her lawful duties.
(6) As used in this section:
(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.
History: Add. 1996, Act 317, Eff. July 1, 1996 Popular Name: Act 451Popular Name: NREPA