NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
***** 324.40114 THIS SECTION IS AMENDED EFFECTIVE MARCH 30, 2015: See 324.40114.amended *****
324.40114 Permits and licenses; paraplegics, amputees, and permanently disabled; issuance of permit for certain purposes; taking of game with modified bow; permits for additional activities; suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of permit; disposition of fees.
(1) The department may issue a permit to an individual who is unable to walk because the individual is a paraplegic or an amputee or because of a disease or injury that has rendered the individual permanently disabled. A permit issued under this subsection authorizes the individual to take game during the open season for that game, including deer of either sex, from or upon a standing vehicle if that individual holds a license to take that game issued under part 435 and complies with all other laws and rules for the taking of game.
(2) The department may issue a permit to an individual who is permanently disabled, who has full use of only 1 arm, and who upon investigation is unable to hold, aim, and shoot a bow. A permit issued under this subsection authorizes the individual to take game during the open season for that game with a bow that has been modified so that the bow may be held, aimed, and shot with 1 arm, if that individual holds a license to take that game issued under part 435 and complies with all other laws and rules for the taking of game.
(3) The commission may issue an order under section 40113a regulating the taking of game with a modified bow that may be shot with 1 arm. Subsection (2) does not apply on or after the effective date of such an order.
(4) In addition, the department may issue permits authorizing 1 or more of the following:
(a) The taking or possession of animals for the purpose of rehabilitating animals.
(b) The taking of animals to prevent or control damage and nuisance caused by the animals subject to the following:
(i) Except during an open season for deer, deer may be taken under this subdivision if the department determines that deer have caused damage to emerging, standing, or harvested crops or to feed properly stored in accordance with normal agricultural practices. If the department receives a request for a permit issued under this subdivision, the department shall, within 5 business days after receiving the request, determine whether a permit should be issued. If the department determines that a permit should not be issued under this subdivision, the department shall deny the request in writing within 10 business days after receiving the request. In denying the request for a permit, the department shall advise the applicant on other techniques for controlling or preventing damage caused by deer.
(ii) A permittee under a deer damage shooting permit may designate not more than 15 authorized shooters to implement the provisions of the permit unless the department authorizes otherwise.
(c) The collection, transportation, possession, or disposition of animals and parts of animals for scientific purposes.
(d) The public exhibition of animals.
(f) The disposition of accidentally or unlawfully taken or injured animals or animals that are unlawfully possessed.
(g) The taking of game with a crossbow by an individual who is permanently or temporarily disabled.
(h) The taking or possession of raptors for the purposes of falconry.
(5) A permit issued under this section may be suspended, revoked, annulled, withdrawn, recalled, canceled, or amended pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the holder of a permit is convicted of violating the permit or this section, his or her permit or license may be revoked and any animal and the parts of any animal in his or her possession shall be disposed of in a manner approved by the department.
(6) Fees received for permits and licenses issued under this section shall be forwarded by the department to the state treasurer to be credited to the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Am. 2004, Act 587, Eff. Dec. 23, 2006
Am. 2008, Act 169, Imd. Eff. July 2, 2008
Am. 2009, Act 109, Imd. Eff. Oct. 1, 2009
Am. 2010, Act 87, Imd. Eff. May 27, 2010
Am. 2012, Act 65, Imd. Eff. Mar. 27, 2012
Compiler's Notes: Enacting section 2 of Act 587 of 2004 provides:"Enacting section 2. This amendatory act does not take effect unless House Joint Resolution Z of the 92nd Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963."
Popular Name: Act 451
Popular Name: NREPA
© 2009 Legislative Council, State of Michigan