| 1 | 1 | | HOUSE BILL NO. 5880 A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 784. the people of the state of michigan enact: PART 784 THE STRAITS OF MACKINAC NAVIGATION Sec. 78401. As used in this part: (a) "Large watercraft" means a watercraft, as defined in section 78101, that exceeds 700 feet in length. (b) "Maritime pilot" means an individual licensed by the United States Coast Guard or other federal agency to assist in navigating a large watercraft through the Straits of Mackinac. (c) "Straits of Mackinac" means the waters and lake bottomlands in the area bounded on the west by a line beginning at Latitude N 45 46' 48.883" Longitude W 84 47' 34.705" and extending north to point Latitude N 45 50' 23.169" Longitude W 84 46' 8.476" and bounded on the east by a line beginning at Latitude N 45 47' 18.4812" Longitude W 84 43' 55.2396" and extending north to point Latitude N 45 50' 46.086" Longitude W 84 43' 24.1392". Sec. 78402. (1) The operator of a large watercraft shall not deploy, drag, set, or use equipment, including, but not limited to, an anchor, chain, or cable, that may come into contact with the bottomlands of the Straits of Mackinac. (2) Subsection (1) does not apply to a large watercraft exercising tribal usufructuary rights reserved in the March 28, 1836 Treaty of Washington (7 Stat 491) and as stated in the November 2, 2007 Consent Decree (Dkt. 1799 in W.D. Mich. Case No. 2:73-cv-000026). (3) A person who knowingly violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both. In addition, the court shall order the defendant to reimburse this state for any environmental cleanup costs or damages to natural resources incurred as a result of the violation. Sec. 78403. (1) Subject to subsection (2), the department shall place and maintain buoys or beacons in the Straits of Mackinac to mark obstructions to navigation, to designate emergency anchorage areas, and for any other purpose that promotes safety or efficient navigation. (2) If an obstruction to navigation in the Straits of Mackinac is owned by a person other than this state, the person that owns the obstruction shall, in a manner required by the department, place buoys or beacons to mark the obstruction within 90 days after the effective date of this section and shall maintain the buoys or beacons. (3) A person who violates subsection (2) may be ordered to pay a civil fine of not more than $5,000.00. A violation of subsection (2) may be prosecuted by the prosecutor for Chippewa County or the attorney general. Sec. 78404. (1) The operator of a large watercraft shall not navigate the large watercraft in the Straits of Mackinac unless the large watercraft is guided by a maritime pilot approved under subsection (2). The department shall maintain a list of approved maritime pilots and post the list on its website. (2) To receive approval to guide a large watercraft in the Straits of Mackinac, a maritime pilot must consult with the department on the design of safe routes of passage tailored to the size and maneuverability of a variety of large watercraft and to weather and wind conditions throughout the year. (3) A person who knowingly violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. |
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| 29 | 29 | | HOUSE BILL NO. 5880 |
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| 32 | 32 | | |
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| 33 | 33 | | A bill to amend 1994 PA 451, entitled |
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| 34 | 34 | | |
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| 35 | 35 | | "Natural resources and environmental protection act," |
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| 36 | 36 | | |
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| 37 | 37 | | (MCL 324.101 to 324.90106) by adding part 784. |
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| 38 | 38 | | |
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| 39 | 39 | | the people of the state of michigan enact: |
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| 40 | 40 | | |
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| 41 | 41 | | PART 784 |
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| 42 | 42 | | |
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| 43 | 43 | | THE STRAITS OF MACKINAC NAVIGATION |
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| 44 | 44 | | |
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| 45 | 45 | | Sec. 78401. As used in this part: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) "Large watercraft" means a watercraft, as defined in section 78101, that exceeds 700 feet in length. |
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| 48 | 48 | | |
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| 49 | 49 | | (b) "Maritime pilot" means an individual licensed by the United States Coast Guard or other federal agency to assist in navigating a large watercraft through the Straits of Mackinac. |
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| 50 | 50 | | |
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| 51 | 51 | | (c) "Straits of Mackinac" means the waters and lake bottomlands in the area bounded on the west by a line beginning at Latitude N 45 46' 48.883" Longitude W 84 47' 34.705" and extending north to point Latitude N 45 50' 23.169" Longitude W 84 46' 8.476" and bounded on the east by a line beginning at Latitude N 45 47' 18.4812" Longitude W 84 43' 55.2396" and extending north to point Latitude N 45 50' 46.086" Longitude W 84 43' 24.1392". |
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| 52 | 52 | | |
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| 53 | 53 | | Sec. 78402. (1) The operator of a large watercraft shall not deploy, drag, set, or use equipment, including, but not limited to, an anchor, chain, or cable, that may come into contact with the bottomlands of the Straits of Mackinac. |
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| 54 | 54 | | |
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| 55 | 55 | | (2) Subsection (1) does not apply to a large watercraft exercising tribal usufructuary rights reserved in the March 28, 1836 Treaty of Washington (7 Stat 491) and as stated in the November 2, 2007 Consent Decree (Dkt. 1799 in W.D. Mich. Case No. 2:73-cv-000026). |
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| 56 | 56 | | |
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| 57 | 57 | | (3) A person who knowingly violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both. In addition, the court shall order the defendant to reimburse this state for any environmental cleanup costs or damages to natural resources incurred as a result of the violation. |
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| 58 | 58 | | |
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| 59 | 59 | | Sec. 78403. (1) Subject to subsection (2), the department shall place and maintain buoys or beacons in the Straits of Mackinac to mark obstructions to navigation, to designate emergency anchorage areas, and for any other purpose that promotes safety or efficient navigation. |
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| 60 | 60 | | |
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| 61 | 61 | | (2) If an obstruction to navigation in the Straits of Mackinac is owned by a person other than this state, the person that owns the obstruction shall, in a manner required by the department, place buoys or beacons to mark the obstruction within 90 days after the effective date of this section and shall maintain the buoys or beacons. |
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| 62 | 62 | | |
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| 63 | 63 | | (3) A person who violates subsection (2) may be ordered to pay a civil fine of not more than $5,000.00. A violation of subsection (2) may be prosecuted by the prosecutor for Chippewa County or the attorney general. |
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| 64 | 64 | | |
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| 65 | 65 | | Sec. 78404. (1) The operator of a large watercraft shall not navigate the large watercraft in the Straits of Mackinac unless the large watercraft is guided by a maritime pilot approved under subsection (2). The department shall maintain a list of approved maritime pilots and post the list on its website. |
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| 66 | 66 | | |
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| 67 | 67 | | (2) To receive approval to guide a large watercraft in the Straits of Mackinac, a maritime pilot must consult with the department on the design of safe routes of passage tailored to the size and maneuverability of a variety of large watercraft and to weather and wind conditions throughout the year. |
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| 68 | 68 | | |
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| 69 | 69 | | (3) A person who knowingly violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. |
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