HOUSE BILL No. 4371

 

March 2, 2011, Introduced by Rep. Pettalia and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 43517, 43520, 43525a, and 43531 (MCL

 

324.43517, 324.43520, 324.43525a, and 324.43531), sections 43517

 

and 43520 as amended by 2006 PA 282, section 43525a as amended by

 

2006 PA 280, and section 43531 as amended by 2009 PA 70.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 43517. (1) A parent or legal guardian of a minor child

 

shall not permit or allow the minor child to hunt game under the

 

authority of a license issued pursuant to this part except under 1

 

of the following conditions:

 

     (a) The minor child hunts only on land upon which a parent or

 

guardian is regularly domiciled or a parent or guardian, or another

 

person individual at least 18 years old authorized by a parent or

 

guardian, accompanies the minor child. This subdivision does not


 

apply under either of the following circumstances:

 

     (i) The license is an apprentice license.

 

     (ii) The minor child is less than 14 years old and the license

 

is a license to hunt deer, bear, or elk with a firearm.

 

     (b) If the license is an apprentice license, a parent or

 

guardian, or another person individual at least 21 years old

 

authorized by a parent or guardian, who is licensed to hunt that

 

game under a license other than an apprentice license accompanies

 

the minor child. In addition, if the minor child is less than 14

 

years old and the apprentice license is a license to hunt deer,

 

bear, or elk with a firearm, the minor child shall hunt only on

 

private property.

 

     (c) If the minor child is less than 14 years old and the

 

license is a license to hunt deer, bear, or elk with a firearm, the

 

minor child hunts only on private property and a parent or

 

guardian, or another person individual authorized by a parent or

 

guardian who is at least 18 years old, accompanies the minor child.

 

This subdivision does not apply if the license is an apprentice

 

license.

 

     (d) If the minor child is less than 10 years old, the minor

 

hunts only with a mentor in compliance with the mentored youth

 

hunting program established by the commission under subsection (2).

 

     (2) Within 1 year after the effective date of the amendatory

 

act that added this subsection, the commission shall issue an order

 

under section 40113a establishing a mentored youth hunting program.

 

The order shall provide for all of the following:

 

     (a) A mentor shall be at least 21 years of age before


 

participating in the mentored youth hunting program.

 

     (b) A mentor shall possess a valid license to hunt prior to

 

engaging in any mentored youth hunting program.

 

     (c) An individual shall not be a mentor unless he or she

 

presents proof of previous hunting experience in the form of a

 

previous hunting license or certification of completion of training

 

in hunter safety issued to the individual by this state, another

 

state, a province of Canada, or another country.

 

     Sec. 43520. (1) Subject to other requirements of this part,

 

the department may issue a hunting license to a minor child if all

 

of the following requirements are met:

 

     (a) A parent or legal guardian of the minor child applies for

 

the license on behalf of the minor child.

 

     (b) The parent or guardian represents that the requirements of

 

section 43517(a), (b), or (c) 43517, as applicable, will be

 

complied with.

 

     (c) The minor child is at least 10 years old or, if the

 

license is a license to hunt deer, bear, or elk with a firearm, at

 

least 12 years old.

 

     (c) (d) The license fee is paid.

 

     (2) A person authorized to sell hunting licenses shall not

 

issue a hunting license to a person an individual born after

 

January 1, 1960, unless the person individual presents proof of

 

previous hunting experience in the form of a hunting license issued

 

by this state, another state, a province of Canada, or another

 

country or presents a certification of completion of training in

 

hunter safety issued to the person individual by this state,


 

another state, a province of Canada, or another country. If an

 

applicant for a hunting license does not have proof of such a

 

previous license or a certification of completion of training in

 

hunter safety, a person authorized to sell hunting licenses may

 

issue a hunting license if the applicant submits a signed affidavit

 

stating that the applicant has completed a course in hunter safety

 

or that the applicant possessed such a hunting license previously.

 

The person selling a hunting license shall record as specified by

 

the department the form of proof of the previous hunting experience

 

or certification of completion of hunter safety training presented

 

by the applicant. This subsection does not apply to the issuance of

 

an apprentice license. An apprentice license or the equivalent does

 

not satisfy the requirements of this subsection concerning proof of

 

previous hunting experience.

 

     (3) A person An individual who does not meet the requirements

 

of subsection (2) may obtain an apprentice license for the same

 

price as the corresponding regular license that the person

 

individual would otherwise be qualified to obtain. A person An

 

individual 17 years old or older shall not hunt game under an

 

apprentice license unless another person individual at least 21

 

years old who possesses a license, other than an apprentice

 

license, to hunt that game accompanies that apprentice licensee and

 

does not accompany more than 1 other apprentice licensee. For the

 

purposes of this subsection and section 43517(b) 43517(1)(b), a

 

person an individual shall not go along with more than 2 apprentice

 

licensees of any age for the purpose of accompanying those

 

apprentice licensees while those apprentice licensees are hunting.


 

If a person an individual has represented to an apprentice licensee

 

or, if the apprentice licensee is a minor child, to the apprentice

 

licensee's parent or legal guardian that the person individual

 

would accompany the apprentice licensee for the purposes of this

 

subsection, the person individual shall not go along with the

 

apprentice licensee while the apprentice licensee is hunting unless

 

the person individual actually accompanies the apprentice licensee

 

and possesses a license, other than an apprentice license, to hunt

 

the same game as the apprentice licensee. A person An individual is

 

not eligible to obtain a specific type of apprentice license, such

 

as a firearm deer license, an archery deer license, a combination

 

deer license, a small game license, or a turkey license, for more

 

than 2 license years. An apprentice license shall be distinguished

 

from a license other than an apprentice license by a notation or

 

other means.

 

     (4) By October 1, 2008, the department shall submit to the

 

standing committees of the senate and house of representatives with

 

primary responsibility for conservation and outdoor recreation

 

issues a report on the effect of the apprentice hunter program and

 

the reductions in minimum hunting age enacted by the 2006

 

amendatory act that amended this section on recruitment of new

 

hunters and other relevant issues, such as hunter safety.

 

     (4) A minor who is less than 10 years old may obtain a

 

mentored youth hunting license. A minor who is less than 10 years

 

old shall not hunt game under a mentored youth hunting license

 

unless that minor complies with all requirements of the mentored

 

youth hunting program established by the commission under section


 

43517. The fee for a mentored youth hunting license is $7.50 and

 

shall include all of the following:

 

     (a) Resident small game license.

 

     (b) Combination deer license.

 

     (c) All species fishing license.

 

     (d) Turkey hunting license.

 

     (e) Resident fur harvester's license.

 

     (5) The department may adjust the mentored youth hunting

 

license under subsection (4) to ensure that it meets the

 

eligibility requirements set forth in 50 CFR 80.10.

 

     Sec. 43525a. (1) The department shall issue a combination deer

 

license that authorizes a person an individual to hunt deer both

 

during the firearm deer seasons and the bow and arrow seasons, in

 

compliance with the rules established for the respective deer

 

hunting season. A combination deer license shall authorize the

 

holder to take 2 deer in compliance with orders issued under part

 

401.

 

     (2) The fee for a resident combination deer license is the

 

total of the resident firearm deer license fee plus the resident

 

bow and arrow deer license fee. The fee for a nonresident

 

combination deer license is the total of the nonresident firearm

 

deer license fee plus the nonresident bow and arrow deer license

 

fee. However, the The fee for a combination deer license for a

 

resident or nonresident minor child shall be discounted 50% from

 

the cost of the resident combination deer license.

 

     (3) If advisable in managing deer, an order under part 401 may

 

designate the kind of deer that may be taken and the geographic


 

area in which any license issued under this section is valid.

 

     (4) The department may issue kill tags with or as part of each

 

combination deer license. Each kill tag shall bear the license

 

number. A kill tag may also include space for other pertinent

 

information required by the department. A kill tag, if issued, is

 

part of the license and shall not be used more than 1 time.

 

     (5) The combination deer license shall count as 2 licenses for

 

the purposes of license fees under section 43536a , discounting

 

under subsection 43521(c), and transmittal, deposit, and use of

 

fees under sections 43554 and 43555.

 

     (6) A senior citizen may obtain a senior combination deer

 

license. The fee for a senior combination deer license shall be

 

discounted at the same rate as provided in section 43535.

 

     (7) A combination deer license issued to a person less than 12

 

years of age is valid only for taking deer with a bow and arrow,

 

until the person is 12 years of age or older.

 

     (7) (8) Notwithstanding any other provision of this part,

 

except for replacing lost or destroyed licenses, a person an

 

individual shall not apply for, obtain, or purchase any combination

 

of firearm deer licenses, bow and arrow deer licenses, and

 

combination deer licenses that would authorize the taking of more

 

than 2 deer.

 

     Sec. 43531. (1) Except as otherwise provided in section

 

43523(2), a person an individual shall not trap or hunt fur-bearing

 

animals unless the person individual possesses a fur harvester's

 

license. However, a person an individual who goes on a bobcat hunt

 

with a licensed hunter is not required to possess a fur harvester's


 

license if the person individual does not carry a firearm, bow, or

 

crossbow and does not own dogs used to chase or locate a bobcat

 

during the hunt.

 

     (2) The fee for a resident fur harvester's license is $15.00.

 

The fee for a resident or nonresident who is 12 years of age

 

through 16 years of age for a fur harvester's license for a

 

resident or nonresident minor child shall be discounted 50% from

 

the cost of the resident fur harvester's license.

 

     (3) The department may issue a nonresident fur harvester's

 

license to a nonresident of this state if the state, province, or

 

country in which the nonresident applicant resides allows residents

 

of this state to obtain equivalent hunting and trapping privileges

 

in that state, province, or country. The fee for an eligible

 

nonresident fur harvester's license is $150.00. Nonresident fur

 

harvester's licenses shall not be sold or purchased before November

 

15 of each year.

 

     (4) A person An individual who holds a fur harvester's license

 

may hunt fur-bearing animals during the season open to taking fur-

 

bearing animals with firearms and may trap fur-bearing animals

 

during the season open to trapping fur-bearing animals.

 

     Enacting section 1. This amendatory act takes effect September

 

1, 2011.