2 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2002-028 DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

 

STATE UNIFORM WATERWAY MARKING SYSTEM

 

Filed with the Secretary of State on This rule takes effect January 1, 2005

 

(By authority conferred on the department of natural resources by section 80160 of 1994 PA 451, MCL 324.80160)

 

R 281.1113 of the Michigan Administrative Code is amended as follows:

 

R 281.1113 Buoys marking fish nets or other fishing devices.

Rule 13. (1) Buoys marking fish nets or other fishing devices may be placed in waters of the state without a permit having been issued by the department.

(2)    Buoys marking state licensed gill commercial fishing nets or impoundment and trap nets, hook lines, or any other similar type continuous fishing devices shall meet all of the following requirements:

(a)    Be a spar buoy with a staff not less than 1 inch in diameter.

(b)    Have an exposure of not less than 5 1/2 feet above the water surface.

(c)    Have a black flag not less than 10 inches by 12 inches affixed to the top of the buoy. Display one or more flags that meet both of the following requirements:

(i)    Each flag shall be not less than 12 inches by 12 inches and shall be securely affixed to the buoy.

(ii)     The uppermost flag shall be attached to the top of the spar and any required additional flag shall be attached immediately below the uppermost flag.

(d)      As required by subrules (6) and (8) of this rule, H have affixed a license number or other identification required by section 17 of Act No. 84 of the Public Acts of 1929 47322 OF 1994 PA 451, as amended, being section 308.17 MCL 324.47322 of the Michigan Compiled Laws, or Act No. 165 of  the Public Acts of 1929, as amended, being section 301.1 et seq. of the Michigan Compiled Laws. The license number shall be displayed in plain, legible letters or numbers, or both, that are at least 3 inches in height and that are of a color that contrasts to the bowl or flag to which they are affixed.

(e)    Be maintained in good and serviceable condition.

(f)    Float in an upright position.

(g) When required by subrules (4) and (5) of this rule, be constructed of metal or be fitted with a metal radar reflector consisting of metallic plates or cylinders not less than 6 inches in height and capable of radar detection from any direction.

(3) The affixing of a metal radar reflective device to the top of a gill net buoy is optional.

(4) A buoy, as described in subrule (2), with metallic plates or cylinders not less than 6 inches in height affixed near the top and capable of radar detection from an arc of 360 degrees, shall be placed at the lifting buoy of pound, trap, or other impoundment nets.

 

 

(3)    Floats marking state licensed commercial fishing nets, hook lines, or any other continuous fishing devices shall meet all of the following requirements:

(a)   Be orange in color.

(b)   Be of the size specified in subrules (4) and (6) of these rules.

(c)   Be maintained in good and serviceable condition.

(4)   Impoundment nets, other than pound nets, shall be marked with the following combination of spar buoys and floats:

(a)   A float shall be attached to the king anchor.

(b)   A spar buoy displaying 2 orange flags and with a metal radar reflector affixed to the top of the staff shall be attached to the lifting buoy.

(c)   A spar buoy displaying an orange flag shall be attached to the lead anchor.

(d)   Floats at least 6 inches in diameter and 14 inches in length shall be attached to each of the wing anchors.

(e)   In addition, any portion of an impoundment net, including wings or lead, set in such a manner that there is 15 feet of water or less above the top of the net, wing, or lead shall display at least 1 of the following:

(i)    A float that is at least 6 inches in diameter and 14 inches in length spaced not more than every 300 feet along the entire length of the net, wing, or lead.

(ii)    A float that is at least 1 ½ inches in diameter and 4 inches in length spaced every 12 feet along the entire length of the net, wing, or lead.

(5)   A pound net shall be marked with a spar buoy that is attached to the lifting buoy. The spar buoy shall display 2 orange flags, and be constructed of metal or be fitted with a metal radar reflector affixed to the top of the staff and consisting of metallic plates or cylinders not less than 6 inches in height and capable of radar detection from any direction.

(6)   Gill nets shall be marked with the following combination of spar buoys and floats:

(a)   A spar buoy shall be attached to each end of the gill net or to each end of a gang of gill nets and shall display an orange flag and be constructed of metal or be fitted with a metal radar reflector affixed to the top of the staff and consisting of metallic plates or cylinders not less than 6 inches in height and capable of radar detection from any direction.

(b)   In addition to the requirements in subdivision (a) of this subrule, any portion of a gill net set in water 15 feet deep or less shall have a float that is at least 6 inches in diameter and 14 inches in length attached to each end of the gill net or each end of the gang of gill nets. The floats at each end of the gill net or gang of gill nets shall bear the license number of the fisher setting and using the nets.

(c)   In addition to the requirements in subdivisions (a) and (b) of this subrule, each gill net shall display at least 1 of the following:

(i)    A float that is at least 6 inches in diameter and 14 inches in length spaced not more than every 300 feet along the entire length of the net.

(ii)    A float that is at least 1 ½ inches in diameter and 4 inches in length spaced every 12 feet along the entire length of the corkline.

(7)   Hook lines shall be marked by a spar buoy displaying an orange flag attached to each end of the hook line or each end of a gang of hook lines.

(8)   A fisher setting or using nets, hook lines, or other continuous fishing devices shall display their license number upon the buoy bowls and flags as follows:

(a)   On all gill net buoy bowls and flags.

(b)   On all hook line buoy bowls and flags.

 

 

(c)   On trap nets and other impoundment fishing devices, excluding pound nets, on the flag and bowl of the lifting buoy.

(d)   On pound nets, on the middle stake of the non-lead side of the pound net.

(9)   When any net, hook line, or other continuous fishing device is set under the ice, its location shall be marked by a stake extending not less than 4 feet above the surface of the ice at each end of the net, hook line, or continuous fishing device. The license number of the fisher setting or using the net, hook line, or other continuous fishing device shall be displayed on each stake in plain, legible figures at least 3 inches in height.

(10)   Floats and buoys required by this rule shall be attached with the minimum amount of line necessary to allow the float or buoy to remain visible on the water’s surface. Any extra line, including lines from buoys or other equipment necessary for the operation of the fishing device, shall be weighted in a manner that causes the extra line to be submerged vertically below any buoy, float, or other equipment.