HB 5801 (Michigan, 2025-2026): Natural resources – fishing; allowable catch per species; quota system for commercial fishing
Overview
- Purpose: To amend the Natural Resources and Environmental Protection Act to establish, govern, and enforce a species-by-species commercial fishing quota system in the Great Lakes and connecting waters, including provisions for licensing, gear, seasons, reporting, and penalties. The bill ties to HB 5802 (a companion measure) and would repeal certain existing acts/parts when enacted together.
Key Provisions and Changes
- State ownership and management
- Reaffirms that all fish in the Great Lakes and connecting waters within Michigan are state property and managed under this part with sound scientific methods.
- Definitions (Sec. 47301)
- Sets broad definitions for terms used throughout the act (e.g., abandoned gear, commercial, commercial fish species, quota, etc.) to standardize licensing, gear use, and enforcement.
- Licensing and licenses’ scope (Sec. 47302, 47304, 47320, 47321)
- Department may limit the number of commercial fishing licenses per year based on harvest needs, boat capacity, gear, and economic viability.
- Licenses may include conditions on species and amounts, designated fishing areas, seasons, gear, landing ports, and vessel listings.
- Licenses expire December 31 of the issuance year; violation consequences include license suspension or revocation with hearing rights.
- Fees: base license fees (2025-2030 range; increases in later years) and vessel-listed licenses with higher annual fees. Additional invoicing for species harvested under quota; late payments trigger civil fines and potential license suspension.
- Gear, zones, and operation rules (Sec. 47307, 47308, 47309, 47310, 47312)
- Gear can only be used if specifically authorized by the license; prohibited gear or mis-use can trigger penalties and seizure.
- Establishes gear-specific restrictions (mesh sizes, gear types like gill nets, pound nets, trap nets, seines) and depth/season limits for various waters and species.
- Open seasons, landing timing, and required landing ports are regulated; live fish must be released if season is closed; dead fish must be disposed of per department instructions.
- Gear tagging, marking, and GPS coordinate reporting requirements for nets and hook lines; mandatory reporting of unattended gear and rapid seizure of abandoned gear.
- Species eligibility for commercial take (Sec. 47310, 47311)
- Lists species authorized for commercial take: whitefish (lake and round), bloater chubs, cisco, rainbow smelt, and several catostomid species, freshwater drum, burbot, gizzard shad, common carp, various catfish, white perch, white bass, black/white crappie, rock bass, yellow perch, lake trout, walleye, alewife, etc.
- Departments may set quotas by zone (gear-based or volume-based) to balance profitability and sustainability.
- Quotas must be tracked by licensee; exceeding quotas is a violation.
- Department responsibilities: solicit input from licensed fishers for next year’s quotas; notify fishers of proposed quotas; share quota information with legislative committees and district representatives; establish total allowable harvest (TAH) for species like lake trout, walleye, and perch by December 31 each year; allocate quotas by management zone.
- Provisions to allow quota transfers among vessels listing under the license (47304(5)(f)).
- Seasonal requirements and protections (Sec. 47310, 47311, 47312, 47313)
- Specifies open/closed seasons with times (12 noon openings/closings; 2 p.m. landing deadline on season close).
- Live fish not eligible for harvest must be released; undersized/dead fish disposition rules.
- Sunset and renewal provisions for specific species with spawning considerations; spawn handling and delivery may be required under department supervision.
- Compliance, penalties, and enforcement (Sec. 47309, 47311, 47316, 47327)
- Civil infractions with tiered fines for undersized catches, possession of illegal fish, and violations of gear rules.
- Prohibitions on marketing illegal fish; seizure provisions for illegal shipments and gear.
- Marking and documentation requirements for transport and shipment of fish to ensure traceability.
- Spawn management and culture (Sec. 47312, 47314, 47315)
- Department may authorize taking/handling spawn for fish culture if spawn characteristics meet spawning requirements; spawn handling must follow strict guidelines; part involves spawning bed planting with compliance oversight.
- Miscellaneous
- Emergency rules authority for Great Lakes management with time-bound effectiveness.
- Requires monthly transfers of collected funds to the state treasury for game and fish protection.
- Repeals certain sections of prior acts as part of the broader reform (with enactment contingent on HB 5802).
Who is Affected
- Commercial fishers licensed under this part (and those listed on licenses with vessels)
- Fish dealers, processors, and transporters involved in marketing Great Lakes catches
- Gear providers and vessel operators; enforcement and conservation officers
- The Department of Natural Resources (and related state agencies) responsible for licensing, quota management, and enforcement
- Michigan residents and stakeholders interested in Great Lakes fisheries, including local ports, communities, and fisheries associations
Timeline and Process
- Licensing and quotas are set annually; input sought from fishers by October; proposed quotas issued by November; notifications to committees and district representatives; a total allowable harvest is established by December 31 each year.
- Seasonal openings/closures occur at 12:00 noon on specified dates, with landings completed by 2:00 p.m. on closing dates.
- Effective date contingent on passage of HB 5802.
Notes
- The bill is framed as a comprehensive shift toward quota-based, gear-restricted commercial fishing with strict enforcement, spawning/propagation provisions, and a strong emphasis on scientific management.
- The act would repeal certain existing provisions (per Enacting Section 1) and only take effect if HB 5802 is enacted, indicating a closely linked package.
