Goverment control

[Nordic Diver]

Hi Guys

If you are not aware of what is happening in Michigan to REGULATE diving please take a look at this.

If there was ever a bad idea this is it !!!!!!!!!!!!!!!!!





Bill > > > >

[schultz]

Interesting thread, but I'm not certain what to make of it. From what I'm able to piece together from the thread and the committee meeting notes on the State of Michigan's website, essentially they are considering recommendations on how to sustain a proposed Great Lakes Park Preservation Fund. This fund is part of an amendment to the State of Michigan's  Natural Resources and Environmental Protection Act (MCL 324.101 to 324.90106) that essentially creates a Great Lakes State Park in the state's upper peninsula  submerged lands lying around Michigan, Huron, and Erie.

One such proposal (still in committee) is a voluntary fee/sticker for those of use boaters, swimmers, and divers use the lake resources – including shipwrecks.

The key here is under the current proposal in the Michigan Senate Bill 431:
SEC. 74129. (1) THE DEPARTMENT SHALL CREATE AN ANNUAL GREAT LAKES STATE PARK PASS. THE GREAT LAKES STATE PARK PASS SHALL BE DESIGNED BY THE DEPARTMENT AND SHALL DEPICT SOME ASPECT OF UNDERWATER AQUATIC LIFE OR RECREATIONAL ACTIVITIES ASSOCIATED WITH THE GREAT LAKES STATE PARK.

(2) A GREAT LAKES STATE PARK PASS SHALL BE SOLD ON A VOLUNTARY BASIS TO INDIVIDUALS WISHING TO SUPPORT THE GREAT LAKES STATE PARK. HOWEVER, A GREAT LAKES STATE PARK PASS IS NOT NECESSARY TO USE THEGREAT LAKES STATE PARK. THE DEPARTMENT SHALL SELL GREAT LAKES STATE PARK PASSES FOR $15.00 EACH.

So the way I read this is it would be similar to paying a small fee to Ducks Unlimited, or even something like the State of Wisconsin's Wolf License Plate protection program.

I'm trying to find out more information, so I've email one of my lawyer acquaintances who monitors things like this within the state government there.

If you want to read more about the House and Senate bills consider the following links:

[schultz]

I got a response from my lawyer friend in Michigan. Here's his take on it:

These laws are some politician's attempt to grab some headlines at the expense of diving and historic preservation. There are 6 laws. The whole package will make all of Michigan's Great Lakes area a Michigan State Park. This puts it under DNR jurisdiction like all other parks. The DNR director has authority to impose fees on park activities and everyone says that will never happen but it has to. The DNR wants none of this because it is broke now and cannot run the largest state park in the nation with no money. We have run some projections based on more than doubling the numbers of divers coming to Michigan and we can only come up with $8-16,000 each year. That assumes a low participation rate but the consensus of divers is that that is reality.

The politician's big thing is to turn the current underwater preserve system into a \"tourist\" attraction. We see nothing good in it but regulation and fees. They know nothing about diving and are designing law based on ignorance. The big mover is a guy with some academic credentials (no offense meant) who makes a living finding new ways to suck money off government programs. He has convinced the lawmakers that all they need is tourism promotion (that he can design) and divers will flood the state like Florida. Politicians are not smart so this makes perfect sense to them.

So we are just trying to keep the preserve system, avoid the creation of an unfunded government mandate to the DNR and eliminate or slow down the possible imposition of fees to dive. I have to say that we are fighting uphill but we did get their attention this week by showing that divers do not want this. They thought they were doing us a favor.

From his viewpoint, I can see where this is just an unnecessary law attempting to draw attention to something that is already protected.