324.48702a Definitions; obstruction or interference in lawful taking of aquatic species; prohibited conduct.

506 words·~2 min read·/mi/chapter-324/324-48702a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 Notes: 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.”

Popular Name: Act 451

Popular Name: NREPA