SB-0613, As Passed Senate, June 12, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 613

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 40115.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40115. (1) Subject to subsections (9) and (10), an

 

individual may possess game, other than badger, bobcat, brant,

 

coot, crow, cub bear, duck, elk, fisher, Florida gallinule, geese,

 

marten, moose, otter, snipe, sora rail, spotted fawn deer, Virginia

 

rail, wild turkey, wolf, and woodcock, that is either killed by, or

 

injured and euthanized as allowed under law following, a collision

 

with a motor vehicle. The driver of the motor vehicle has first

 

priority to take possession of the game.

 


     (2) An individual in possession of deer under subsection (1)

 

shall do 1 of the following:

 

     (a) Obtain a salvage tag under subsection (8).

 

     (b) Promptly notify the department or a local law enforcement

 

agency of his or her intent to maintain possession of the game

 

under subsection (1) by telephone or on the department's website.

 

     (c) If the individual is the driver of the motor vehicle

 

involved in the collision and as a result of that collision is

 

calling 9-1-1 to report the collision, the individual must state

 

his or her intent to maintain possession of the game under

 

subsection (1).

 

     (3) An individual in possession of beaver, coyote, fox, mink,

 

muskrat, opossum, raccoon, skunk, weasel, or small game under

 

subsection (1) shall prepare a written record with all of the

 

following information:

 

     (a) The date and time the individual took possession of the

 

game.

 

     (b) The location where the possession of the game occurred.

 

     (c) The type of game the individual seeks to possess.

 

     (d) Whether the individual has requested a salvage tag under

 

subsection (8).

 

     (e) The individual's full name, including middle initial, date

 

of birth, mailing address, telephone number, and driver license

 

number.

 

     (f) The intended purpose for obtaining possession of the game,

 

including, but not limited to, human consumption, bait, or other

 

uses.

 


     (4) An individual in possession of bear under subsection (1)

 

shall obtain a salvage tag for that bear under subsection (8).

 

     (5) If an individual notifies 9-1-1, the department, or a

 

local law enforcement agency under subsection (2) of his or her

 

intent to legally maintain possession of the game under subsection

 

(1), that individual shall provide 9-1-1, the department, or the

 

local law enforcement agency with the following information:

 

     (a) The date and time the individual took possession of the

 

game.

 

     (b) The location where the possession of the game occurred.

 

     (c) The type of game the individual seeks to possess. If the

 

game is a deer, identify whether the deer is an antlered deer or

 

antlerless deer. If it is an antlered deer, identify the number of

 

antler points.

 

     (d) Whether the individual has requested a salvage tag under

 

subsection (8).

 

     (e) The individual's full name, including middle initial, date

 

of birth, mailing address, telephone number, and driver license

 

number.

 

     (f) The intended purpose for obtaining possession of the game,

 

including, but not limited to, human consumption, bait, or other

 

uses.

 

     (6) For beaver, coyote, fox, mink, muskrat, opossum, raccoon,

 

skunk, weasel, and small game, an individual shall maintain the

 

written record prepared under subsection (3) until the individual

 

obtains a salvage tag under subsection (8) or until the game and

 

its parts are consumed, are composted, or are no longer possessed

 


by any person. The record shall be kept at the location where the

 

game or its parts are kept. The individual shall exhibit the record

 

upon request of a law enforcement officer.

 

     (7) An individual in possession of game under subsection (1)

 

who has obtained a salvage tag under subsection (2), (4), or (8)

 

shall upon the request of a conservation officer or peace officer

 

produce the salvage tag. Immediately following the issuance of a

 

salvage tag, an individual possessing game shall securely attach

 

the salvage tag to the game. The salvage tag shall remain attached

 

until the game is processed, butchered for consumption, or

 

delivered to a business for the purpose of taxidermy or tanning. If

 

the game is used for bait, the salvage tag may be removed, but the

 

individual possessing that game shall produce the salvage tag if

 

requested by a conservation officer or peace officer.

 

     (8) The department shall promptly issue a salvage tag if

 

requested by an individual in possession of game under subsection

 

(1).

 

     (9) The director may immediately suspend all salvage

 

mechanisms for disease-affected areas by issuing an order based on

 

sound science to address disease control. The department shall

 

provide public notice of that order and notify the legislative

 

committees with primary oversight of natural resources before

 

issuing that order. The director shall revoke the suspension after

 

the department verifies the absence of the identified disease in

 

the affected area. The department shall provide public notice of

 

the suspension and of the revocation of the suspension by posting

 

notice on the department's website and at department offices

 


throughout the disease-affected areas.

 

     (10) This section does not apply to an individual who

 

intentionally uses a motor vehicle to kill or injure game.

 

     (11) The department shall annually issue a report in

 

electronic form to each member of the legislature that includes all

 

of the following:

 

     (a) The number of salvage tags issued under subsection (8).

 

     (b) The number of animals reported to the department under

 

subsection (2)(b).

 

     (c) If available, the number of animals reported to local law

 

enforcement agencies or 9-1-1 under subsection (2)(b) and (c).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.