Terms Used In Michigan Laws 324.44501

  • Boat livery: means a place of business or any location where a person rents or offers for rent any vessel other than a nonmotorized raft to the general public for noncommercial use on the waters of this state. See Michigan Laws 324.44501
  • carry passengers for hire: means the transporting of any individual on a vessel other than a nonmotorized raft for consideration directly or indirectly paid to the owner of the vessel, the owner's agent, the operator of the vessel, or any other person who holds any interest in the vessel. See Michigan Laws 324.44501
  • Charter boat: means a vessel other than a nonmotorized raft that is rented or offered for rent to carry passengers for hire if the owner or the owner's agent retains possession, command, and control of the vessel. See Michigan Laws 324.44501
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
  • Director: means the director of the department of natural resources. See Michigan Laws 324.301
  • Equipment: means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to, a vessel; or a marine safety article, accessory, or equipment intended for use by an individual on board a vessel; but does not include radio equipment. See Michigan Laws 324.44501
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Inland waters: means all waters of this state, except navigable waters. See Michigan Laws 324.44501
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legacy: A gift of property made by will.
  • Livery boat: means a vessel, other than a nonmotorized raft, that is rented or offered for rent by a boat livery or a boat owner or his or her agent if the boat livery or boat owner or his or her agent relinquishes or offers to relinquish complete physical control of the vessel to the renter while retaining legal title to the vessel. See Michigan Laws 324.44501
  • Navigable waters: means those waters of the state over which this state and the United States Coast Guard exercise concurrent jurisdiction, including the Great Lakes and waters connected to the Great Lakes, to the upstream limit of navigation as determined by the United States Army Corps of Engineers. See Michigan Laws 324.44501
  • Owner: when used in reference to a vessel, means a person who claims lawful possession of the vessel by virtue of legal title or an equitable interest in a vessel that entitles that person to possession of the vessel. See Michigan Laws 324.44501
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Vessel: means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water irrespective of the method of operation or propulsion. See Michigan Laws 324.44501
  • Waters of the state: means any waters within the territorial limits of this state and includes those waters of the Great Lakes which are under the jurisdiction of this state. See Michigan Laws 324.44501
  • Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.44501
  As used in this part:
  (a) “Boat livery” means a place of business or any location where a person rents or offers for rent any vessel other than a nonmotorized raft to the general public for noncommercial use on the waters of this state. Boat livery does not include a place where a person offers cabins, cottages, motel rooms, hotel rooms, or other similar rental units if vessels are furnished only for the use of persons occupying the units.
  (b) “Carrying passengers for hire” or “carry passengers for hire” means the transporting of any individual on a vessel other than a nonmotorized raft for consideration directly or indirectly paid to the owner of the vessel, the owner’s agent, the operator of the vessel, or any other person who holds any interest in the vessel.
  (c) “Charter boat” means a vessel other than a nonmotorized raft that is rented or offered for rent to carry passengers for hire if the owner or the owner’s agent retains possession, command, and control of the vessel.
  (d) “Class A vessel” means a vessel, except a sailboat, that carries for hire on navigable waters not more than 6 passengers.
  (e) “Class B vessel” means a vessel, except a sailboat, that carries for hire on inland waters not more than 6 passengers.
  (f) “Class C vessel” means a vessel, except a sailboat, that carries for hire on inland waters more than 6 passengers.
  (g) “Class D vessel” means a vessel that is propelled primarily by a sail or sails and carries for hire on navigable waters not more than 6 passengers or carries passengers for hire on inland waters.
  (h) “Class E vessel” means a vessel that carries not more than 6 passengers for hire and meets either of the following requirements:
  (i) Is utilized primarily as a river-drift boat that is propelled primarily by hand.
  (ii) Is a vessel that is 18 feet or less in length operated primarily on a river or tributary to the Great Lakes, Lake St. Clair, or their connecting waterways.
  (i) “Equipment” means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to, a vessel; or a marine safety article, accessory, or equipment intended for use by an individual on board a vessel; but does not include radio equipment.
  (j) “Inland waters” means all waters of this state, except navigable waters.
  (k) “Livery boat” means a vessel, other than a nonmotorized raft, that is rented or offered for rent by a boat livery or a boat owner or his or her agent if the boat livery or boat owner or his or her agent relinquishes or offers to relinquish complete physical control of the vessel to the renter while retaining legal title to the vessel.
  (l) “Navigable waters” means those waters of the state over which this state and the United States Coast Guard exercise concurrent jurisdiction, including the Great Lakes and waters connected to the Great Lakes, to the upstream limit of navigation as determined by the United States Army Corps of Engineers.
  (m) “Navigable waters livery boat” means a livery boat other than a nonmotorized canoe or kayak that is more than 20 feet in length and is rented or offered for rent for use on navigable waters.
  (n) “Operate”, when used with reference to a vessel, means to start any propulsion engine or to physically control the motion, direction, or speed of the vessel.
  (o) “Owner”, when used in reference to a vessel, means a person who claims lawful possession of the vessel by virtue of legal title or an equitable interest in a vessel that entitles that person to possession of the vessel.
  (p) “Passenger” means an individual carried on board a charter boat except any of the following:
  (i) The owner of the vessel or the owner’s agent.
  (ii) The pilot and members of the crew of the vessel who have not contributed consideration for their transportation either before, during, or after the voyage.
  (q) “Peace officer” means a sheriff or sheriff’s deputy; village or township marshal; officer of the police department of any city, village, or township; officer of the Michigan state police; or other police officer or law enforcement officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and includes the director and conservation officers employed by the department.
  (r) “Personal watercraft” means a vessel that meets all of the following requirements:
  (i) Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion.
  (ii) Is designed without an open load carrying area that would retain water.
  (iii) Is designed to be operated by 1 or more individuals positioned on, rather than within, the confines of the hull.
  (s) “Pilot’s license” means a vessel operator’s license issued by the United States Coast Guard or other federal agency, or a license issued by the department to an operator of a charter boat that is operated on inland waters.
  (t) “Training or instructional purposes” means the teaching of any individual in the handling and navigation of a vessel or the techniques of waterskiing.
  (u) “Vessel” means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water irrespective of the method of operation or propulsion.
  (v) “Waters of the state” means any waters within the territorial limits of this state and includes those waters of the Great Lakes which are under the jurisdiction of this state.
  (w) “Waterways account” means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035.

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