HOUSE BILL No. 4552

 

April 16, 2013, Introduced by Reps. Bumstead, Potvin, Pettalia, Goike, Lauwers, Graves, Brown, MacMaster, Clemente, Hooker, Zorn, Outman, Yonker, Rendon, Victory, Kurtz, Price, Jenkins, Glardon, Jacobsen, VerHeulen, Rogers, Denby, McMillin, Cotter, Lyons, McBroom, Shirkey, Daley, Franz, Callton, Kesto, Johnson, Haines, MacGregor, Heise, Kivela, Pscholka, Kowall, LaVoy, Brunner and Haveman and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40103, 40110, 40113a, and 43536a (MCL

 

324.40103, 324.40110, 324.40113a, and 324.43536a), section 40103 as

 

amended by 2012 PA 520, section 40110 as added by 1995 PA 57,

 

section 40113a as amended by 1997 PA 19, and section 43536a as

 

amended by 2004 PA 545, and by adding section 48703a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40103. (1) "Game" means any animal designated as game

 

under section 40110 and any of the following animals but does not

 

include privately owned cervidae species located on a cervidae

 

livestock facility 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) Virginia rail.

 

     (ii) (hh) Weasel.

 

     (jj) (ii) Wild turkey.

 

     (kk) (jj) Wolf.

 

     (ll) (kk) Woodchuck.

 

     (mm) (ll) Woodcock.

 

     (mm) 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. 40110. (1) Only the legislature or the commission may

 

designate a species as game. If an animal is designated under this

 

section by the legislature or commission as game, then only the

 

legislature or commission may authorize the establishment of the

 

first open season for that animal. Only the legislature may remove

 

a species from the list of game. The commission shall exercise its

 

authority under this subsection by issuing orders.

 

     (2) After the legislature or commission authorizes the

 

establishment of the first open season for game pursuant to this

 

section, the department may issue orders pertaining to that animal

 

for each of the purposes listed in section 40107.

 

     Sec. 40113a. (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 scientific management of the wildlife

 

populations of the state, including hunting of bear, is declared to

 

be in the public interest.

 

     (c) The sound scientific management of bear populations in

 

this state is necessary to minimize human/bear encounters and to

 

prevent bears from threatening or harming humans, livestock, and

 

pets.

 

     (2) The commission of natural resources shall have has the

 

exclusive authority to regulate the taking of game as defined in

 


section 40103 in this state. The commission of natural resources

 

shall, to the greatest extent practicable, utilize principles of

 

sound scientific management in making decisions regarding the

 

taking of game. Issuance of orders by the commission of natural

 

resources regarding the taking of game shall be made following a

 

public meeting and an opportunity for public input. Not less than

 

30 days before issuing an order, the commission of natural

 

resources shall provide a copy of the order to each of the

 

following:

 

     (a) Each member of each standing committee of the senate or

 

house of representatives that considers legislation pertaining to

 

conservation, the environment, natural resources, recreation,

 

tourism, or agriculture.

 

     (b) The chairperson of the senate appropriations committee and

 

the chairperson of the house of representatives appropriations

 

committee.

 

     (c) The members of the subcommittee of the senate

 

appropriations committee and the subcommittee of the house of

 

representatives appropriations committee that consider the budget

 

of the department of natural resources.

 

     (3) For the fiscal year ending September 30, 2013, there is

 

appropriated for the department the sum of $1,000,000.00 to

 

implement management practices for fish and game animals, and

 

perform research, education, and outreach related to hunting,

 

fishing, game animals, predators, and prey. Any portion of the

 

amount under this section that is not expended in the fiscal year

 

ending September 30, 2013 shall not lapse to the general fund but

 


shall be carried forward in a work project account that is in

 

compliance with section 451a of the management and budget act, 1984

 

PA 431, MCL 18.1451a.

 

     Sec. 43536a. (1) A Subject to any lottery and other

 

eligibility requirements, a member of the military may obtain any

 

license under this part for which a lottery is not required for

 

$1.00 free of charge upon presentation to a licensing agent of

 

leave papers, duty papers, military orders, or other evidence

 

acceptable to the department verifying that he or she is stationed

 

outside of this state. The license is valid for a period of up to 2

 

weeks designated by the member of the military but only during the

 

season in which such a license would otherwise be valid.a member of

 

the military.

 

     (2) As used in this section, "member of the military" means

 

either of the following:

 

     (a) A person described by section 43506(3)(d). who is

 

stationed outside this state.

 

     (b) A person who meets all of the following requirements:

 

     (i) The person is a reserve component soldier, sailor, airman,

 

or marine or member of the Michigan national guard and is called to

 

federal active duty.

 

     (ii) At the time the person was called to federal active duty,

 

he or she was a resident of this state.

 

     (iii) The person is stationed outside this state.

 

     (iii) (iv) The person has maintained his or her residence in this

 

state for the purpose of obtaining a driver license or voter

 

registration, or both.

 


     Sec. 48703a. The commission has the exclusive authority to

 

regulate the taking of fish in this state. The commission shall, to

 

the greatest extent practicable, utilize principles of sound

 

scientific management in making decisions regarding the taking of

 

fish. The commission shall issue orders regarding the taking of

 

fish following a public meeting and an opportunity for public

 

input. Not less than 30 days before issuing an order, the

 

commission shall provide a copy of the order to each of the

 

following:

 

     (a) Each member of each standing committee of the senate or

 

house of representatives that considers legislation pertaining to

 

conservation, the environment, natural resources, recreation,

 

tourism, or agriculture.

 

     (b) The chairperson of the senate appropriations committee and

 

the chairperson of the house of representatives appropriations

 

committee.

 

     (c) The members of the subcommittee of the senate

 

appropriations committee and the subcommittee of the house of

 

representatives appropriations committee that consider the budget

 

of the department of natural resources.