SENATE BILL No. 1350

 

 

October 17, 2012, Introduced by Senators CASPERSON, MEEKHOF and BOOHER and referred to the Committee on Natural Resources, Environment and Great Lakes.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40103, 40118, 43503, and 43507 (MCL 324.40103,

 

324.40118, 324.43503, and 324.43507), section 40103 as amended by

 

2000 PA 191, section 40118 as amended by 2000 PA 347, section 43503

 

as added by 1995 PA 57, and section 43507 as amended by 1996 PA

 

585, and by adding sections 40110b and 43528b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40103. (1) "Game" means any of the following animals but

 

does not include privately owned cervidae species located on a

 

registered cervidae livestock facility as that term is defined in

 

registered under the privately owned cervidae producers marketing

 

act, 2000 PA 190, MCL 287.951 to 287.969:

 

     (a) Badger.


 

     (b) Bear.

 

     (c) Beaver.

 

     (d) Bobcat.

 

     (e) Brant.

 

     (f) Coot.

 

     (g) Coyote.

 

     (h) Crow.

 

     (i) Deer.

 

     (j) Duck.

 

     (k) Elk.

 

     (l) Fisher.

 

     (m) Florida gallinule.

 

     (n) Fox.

 

     (o) Geese.

 

     (p) Hare.

 

     (q) Hungarian partridge.

 

     (r) Marten.

 

     (s) Mink.

 

     (t) Moose.

 

     (u) Muskrat.

 

     (v) Opossum.

 

     (w) Otter.

 

     (x) Pheasant.

 

     (y) Quail.

 

     (z) Rabbit.

 

     (aa) Raccoon.

 

     (bb) Ruffed grouse.


 

     (cc) Sharptailed grouse.

 

     (dd) Skunk.

 

     (ee) Snipe.

 

     (ff) Sora rail.

 

     (gg) Squirrel.

 

     (hh) Weasel.

 

     (ii) Wild turkey.

 

     (jj) Wolf.

 

     (kk) (jj) Woodchuck.

 

     (ll) (kk) Woodcock.

 

     (mm) (ll) Virginia rail.

 

     (2) "Interim order of the department" means an order of the

 

department issued under section 40108.

 

     (3) "Kind" means an animal's sex, age, or physical

 

characteristics.

 

     (4) "Normal agricultural practices" means generally accepted

 

agricultural and management practices as defined by the commission

 

of agriculture and rural development.

 

     (5) "Open season" means the dates during which game may be

 

legally taken.

 

     (6) "Parts" means any or all portions of an animal, including

 

the skin, plumage, hide, fur, entire body, or egg of an animal.

 

     (7) "Protected" or "protected animal" means an animal or kind

 

of animal that is designated by the department as an animal that

 

shall not be taken.

 

     (8) "Residence" means a permanent building serving as a

 

temporary or permanent home. Residence may include a cottage,


 

cabin, or mobile home, but does not include a structure designed

 

primarily for taking game, a tree blind, a tent, a recreational or

 

other vehicle, or a camper.

 

     Sec. 40110b. (1) The legislature finds and declares that:

 

     (a) The wildlife populations of the state and their habitat

 

are of paramount importance to the citizens of this state.

 

     (b) The sound management of wolf populations in this state is

 

necessary, including the use of hunting as a management tool, to

 

minimize negative human and wolf encounters and to prevent wolves

 

from threatening or harming humans, livestock, and pets.

 

     (2) The legislature hereby authorizes the establishment of the

 

first open season for wolf. The commission may issue orders under

 

section 40113a establishing annual wolf hunting seasons throughout

 

the state.

 

     Sec. 40118. (1) A person who violates this part, an order or

 

interim order issued under this part, or a condition of a permit

 

issued under this part, except for a violation specified in

 

subsections (2) to (12), is guilty of a misdemeanor punishable by

 

imprisonment for not more than 90 days, or a fine of not less than

 

$50.00 or more than $500.00, or both, and the costs of prosecution.

 

In addition, a permit issued by the department under this part

 

shall be revoked pursuant to the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (2) A person who violates a provision of this part or an order

 

or interim order issued under this part regarding the possession or

 

taking of any game, except deer, bear, wild turkey, wolf, moose, or

 

elk, is guilty of a misdemeanor punishable by imprisonment for not


 

more than 90 days, or a fine of not less than $100.00 or more than

 

$1,000.00, or both, and the costs of prosecution.

 

     (3) A Except as otherwise provided in this subsection, a

 

person who violates a provision of this part or an order or interim

 

order issued under this part regarding the possession or taking of

 

deer, bear, or wild turkey, or wolf is guilty of a misdemeanor and

 

shall be punished by imprisonment for not less than 5 days or more

 

than 90 days, and a fine of not less than $200.00 or more than

 

$1,000.00, and the costs of prosecution. A person shall not be

 

punished under this subsection for lawfully removing, capturing, or

 

destroying a wolf under 2008 PA 290, MCL 324.95151 to 324.95155, or

 

2008 PA 318, MCL 324.95161 to 324.95167.

 

     (4) A person who violates a provision of this part or an order

 

or interim order issued under this part regarding the possession or

 

taking of elk is guilty of a misdemeanor punishable by imprisonment

 

for not less than 30 days or more than 180 days, or a fine of not

 

less than $500.00 or more than $2,000.00, or both, and the costs of

 

prosecution.

 

     (5) A person who violates a provision of this part or an order

 

or interim order issued under this part regarding the possession or

 

taking of moose is guilty of a misdemeanor and shall be punished by

 

imprisonment for not less than 90 days or more than 1 year and a

 

fine of not less than $1,000.00 or more than $5,000.00, and the

 

costs of prosecution.

 

     (6) A person sentenced pursuant to subsection (3), (4), (5),

 

(10), or (11) shall not secure or possess a license of any kind to

 

hunt during the remainder of the year in which convicted and the


 

next 3 succeeding calendar years. A person sentenced pursuant to

 

subsection (7) shall not secure or possess a license to hunt during

 

the remainder of the year in which convicted and the next

 

succeeding calendar year.

 

     (7) A person who violates section 40113(1) is guilty of a

 

misdemeanor punishable by imprisonment for not less than 5 days or

 

more than 90 days, or a fine of not less than $100.00 or more than

 

$500.00, or both, and the costs of prosecution.

 

     (8) A person who violates section 40113(2) is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days,

 

or a fine of not less than $50.00 or more than $500.00, or both,

 

and the costs of prosecution.

 

     (9) A person who violates section 40113(3) is guilty of a

 

misdemeanor and shall be punished by imprisonment for not less than

 

5 days or more than 90 days and a fine of not less than $100.00 or

 

more than $500.00, and the costs of prosecution.

 

     (10) A person who violates a provision of this part or an

 

order or interim order issued under this part regarding the taking

 

or possession of an animal that has been designated by the

 

department to be a protected animal, other than an animal that

 

appears on a list prepared pursuant to section 36505, is guilty of

 

a misdemeanor punishable by imprisonment for not more than 90 days

 

or a fine of not less than $100.00 or more than $1,000.00, or both,

 

and the costs of prosecution.

 

     (11) A person who buys or sells game or a protected animal in

 

violation of this part or an order or interim order issued under

 

this part is guilty of a misdemeanor punishable by imprisonment for


 

not more than 90 days or a fine of not more than $1,000.00, or

 

both, for the first offense, and is guilty of a felony for each

 

subsequent offense.

 

     (12) If a person is convicted of a violation of this part or

 

an order or interim order issued under this part and it is alleged

 

in the complaint and proved or admitted at trial or ascertained by

 

the court after conviction that the person had been previously

 

convicted 2 times within the preceding 5 years for a violation of

 

this part or an order or interim order issued under this part, the

 

person is guilty of a misdemeanor and shall be punished by

 

imprisonment for not less than 10 days or more than 180 days, and a

 

fine of not less than $500.00 or more than $2,000.00, and costs of

 

prosecution.

 

     Sec. 43503. (1) "Fish" means all species of fish.

 

     (2) "Fishing" means the pursuing, capturing, catching,

 

killing, or taking of fish, and includes attempting to pursue,

 

capture, catch, kill, or take fish.

 

     (3) "Firearm" means a weapon from which a dangerous projectile

 

may be propelled by using explosives, gas, or air as a means of

 

propulsion. Firearm does not include a smooth bore rifle or handgun

 

designed and manufactured exclusively for propelling BB's not

 

exceeding .177 caliber by means of a spring or air or gas.

 

     (4) "Firearm deer season" means any period in which deer may

 

be lawfully hunted with a firearm.

 

     (5) "Fur-bearing animals" includes badger, beaver, bobcat,

 

coyote, fisher, fox, lynx, marten, mink, muskrat, opossum, otter,

 

raccoon, skunk, and weasel. , and wolf.


 

     Sec. 43507. (1) "Senior citizen" means a resident 65 years of

 

age or older.

 

     (2) "Slingshot" means a Y-shaped device with an elastic strip

 

attached between the prongs used for projecting a stone or other

 

object.

 

     (3) "Small game" includes all species of protected game birds

 

and game animals except bear, deer, elk, moose, wild turkey, wolf,

 

and fur-bearing animals.

 

     (4) "Small game season" means that period between September 15

 

and March 31.

 

     (5) "Sportcard" means a folder, document, plastic card, or

 

other device issued by the department containing the person's

 

individual's name, address, and vital statistics as required by the

 

department.

 

     Sec. 43528b. (1) An individual shall not hunt wolf without a

 

wolf hunting license. The fee for a resident wolf hunting license

 

is $100.00. The fee for a nonresident wolf hunting license is

 

$500.00. The department may establish a nonrefundable application

 

fee not to exceed $4.00 for each person who applies for a wolf

 

hunting license.

 

     (2) The department may issue a kill tag with, or as part of, a

 

wolf hunting license. The provisions of section 43526(2) regarding

 

kill tags apply with respect to a wolf hunting license.