State of Michigan

 

JENNIFER M. GRANHOLM

governor

DEPARTMENT OF NATURAL RESOURCES

Lansing

K. L. COOL

director

 


 

 

BILL ANALYSIS

 

BILL NUMBER:       House Bill 5646

TOPIC:                      To Prohibit the Marking of Fishing Spots

SPONSOR:              Representative Sak

CO-SPONSORS:    Representatives Plakas, Garfield, Lipsey, Kooiman, Gleason,

                                    O’Neil

 

COMMITTEE:           Committee on Conservation and Outdoor Recreation

Analysis Done:       April 6, 2004

POSITION

Oppose.

PROBLEM/BACKGROUND

During the summer of 2003, an article appeared in the Grand Rapids Press, highlighting a problem of marking fishing spots.  The article asserted that river anglers were using buoys, or sometimes their own vessels, to mark or “hold” fishing holes for later use, and fishing elsewhere.  This creates angler conflict when another angler moves into a hole that has been “marked” by another fisherman. 

DESCRIPTION OF BILL

House Bill 5646 would prohibit the practice of marking a fishing hole with a floating device unless they are actively fishing that spot.    

SUMMARY OF ARGUMENTS

Pro

The intent of the legislation, and therefore a potential benefit, is to eliminate any user conflict that arises when this activity occurs.   

Con

The Department of Natural Resources (DNR) looked into this matter in detail during 2003.  Fisheries Division held meetings with user groups, including the Michigan United Conservation Clubs, Michigan River Guides Association, and the Michigan Steelhead and Salmon Fishermen’s Association to determine the scope of this problem.  Included in these discussions was a representative of our Law Enforcement Division, who indicated on multiple occasions that no complaints of this type of activity had been registered. 

From these meetings, two important points became clear.  First, the problem does not appear to be widespread and does not warrant a new law.  If it is occurring, relatively few anglers are perpetrators, and even fewer are filing complaints.  Angler ethics, including the practice of “self policing,” tend to push out this type of conduct if it occurs.  Second, the State of Michigan has an Angler Harassment Law on the books being MCL 324.48702.  The DNR believes this statute, specifically subparts (3)(e)(i), provide adequate authority to prohibit this activity.   Marking buoys are used appropriately by many anglers in lake and stream situations to mark underwater structures. 

FISCAL/ECONOMIC IMPACT

Are there revenue or budgetary implications in the bill to the --

(a)     Department

Budgetary:

None.

Revenue:   

None.

Comments:

None.

(b)     State

Budgetary:

None.           

Revenue:   

None.

Comments:

None.

(c)     Local Government

Comments:

None.

OTHER STATE DEPARTMENTS

None. 

ANY OTHER PERTINENT INFORMATION

None.

ADMINISTRATIVE RULES IMPACT

None.

 

 

 

_______________________________

Rebecca A. Humphries

Director

 

_______________________________

Date

 

FI