DNR photo/ A boat owner launches a boat on Crooked Lake in April 2019.

L’ANSE — Baraga County Prosecutor Joseph O’Leary said on the county’s website he interprets the state emergency executive orders as allowing people to fish from a motorboat if proper social distancing is followed, contradicting guidance provided by the state and the Department of Natural Resources.

O’Leary cited executive order 2020-42, which makes no specific mention of motorized boating.

Motorized boating is consistent with “outside physical activity,” he said, which is expressly permitted in the order.

“In my opinion, fishing is an outdoor physical activity with or without a motor attached to a particular fishing vessel,” he said.

In another divergence from state interpretation, O’Leary said people from separate households are able to fish together, provided they stay six feet apart.

After initially stating the Attorney General’s office would handle EEO violations, Attorney General Dana Nessel then left enforcement in the hands of local prosecutors, O’Leary said.

As an example of people who would comply with O’Leary’s interpretation, he cited a father and son from two households, or friends, who sit at opposite ends of the boat and do not share drinks. On the other hand, O’Leary said his office would likely have a problem with people seated side-by-side or in a group in a small boat, passing a bottle around, or tying off with other boats and sharing items.

“Common sense should prevail here,” O’Leary said.

In follow-up lists of frequently asked questions, the state and the DNR said the use of motorboats, jet skis or similar watercraft is banned for the duration of the executive order, which is currently set to expire April 30.

A FAQ on 2020-42 on the state’s COVID-19 website states only non-motorized boating is permitted, while only people from a single household should boat together.

On its website, the DNR stated the ban on motorized boats was implemented to reduce interactions that could spread coronavirus. There had been numerous reports of people congregating at boat launches in violation of social distancing requirements, the DNR said.

“In addition, people who use motorized watercraft typically need to procure secondary services for their craft, such as parts and gasoline, that could unnecessarily increase contact with others and spread disease,” the DNR said.

Michigan United Conservation Clubs (MUCC) announced this week it planned to sue the state over the ban on motorized boating. Four Northern Michigan sheriffs also said they would not enforce all of Whitmer’s orders, some mentioning the motorboat ban as excessive.

Most violations of emergency executive orders are misdemeanors punishable by up to 90 days in jail and a fine of up to $500. The Michigan Department of Health and Human Services (DHHS) has also issued emergency regulations that impose fines of up to $1,000 for each day an EEO violation occurs.

O’Leary acknowledged boaters following his advice could still be ticketed by the DNR. He urged residents to comply with the officers. If they physically resist or obstruct the officers, they would still be prosecuted for that offense, O’Leary said.

O’Leary launched a frequently asked questions list about the orders Friday, available at baragacounty.org/eeos. O’Leary invited Baraga County residents with questions about any of the emergency executive orders to contact him via the website.

“I will never state in advance whether or not I will prosecute any particular case,” O’Leary said in a press release. “Every report I receive from law enforcement will be judged on its own merits. However, I suspect that knowing how I interpret these EEOs will be useful to those in Baraga County who wish to comply and avoid legal penalty.”