SB-0054, As Passed Senate, February 17, 2015

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 54

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40104, 40112, and 48703a (MCL 324.40104,

 

324.40112, and 324.48703a), section 40104 as added by 1995 PA 57,

 

section 40112 as amended by 1996 PA 316, and section 48703a as

 

amended by 2014 PA 281.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40104. (1) "Take" means to hunt with any weapon, dog,

 

raptor, or other wild or domestic animal trained for that purpose;

 

kill; chase; follow; harass; harm; pursue; shoot; rob; trap;

 

capture; or collect animals, or to attempt to engage in such an

 

that activity.

 

     (2) "Transport" means to carry or ship animals within this

 

state or to points outside this state.

 

     (3) "Trap" means taking or attempting to take or attempt to


 

take animals by means of a trap or other device designed to kill or

 

capture animals.

 

     (4) "Unmanned aerial vehicle" means an unmanned vehicle or

 

device that uses aerodynamic forces to achieve flight.

 

     (5) "Unmanned submersible vehicle" means an unmanned vehicle

 

or device that operates on the surface of water or underwater.

 

     (6) (4) "Vehicle" means every device in, upon, or by which any

 

person or property is or may be transported, except devices

 

exclusively moved by human power.

 

     Sec. 40112. (1) A person An individual shall not obstruct or

 

interfere in the lawful taking of animals by another

 

person.individual.

 

     (2) A person An individual violates this section when the

 

person individual intentionally or knowingly does any of the

 

following:

 

     (a) Drives or disturbs animals for the purpose of disrupting a

 

lawful taking.

 

     (b) Blocks, impedes, or harasses another person individual who

 

is engaged in the process of lawfully taking an animal.

 

     (c) Uses a natural or artificial visual, aural, olfactory,

 

gustatory, or physical stimulus to affect animal behavior in order

 

to hinder or prevent the lawful taking of an animal.

 

     (d) Erects barriers to deny ingress or egress to areas where

 

the lawful taking of animals may occur. This subdivision does not

 

apply to a person an individual who erects barriers to prevent

 

trespassing on his or her property.

 

     (e) Interjects himself or herself into the line of fire of a


 

person an individual lawfully taking wildlife.

 

     (f) Affects the condition or placement of personal or public

 

property intended for use in the lawful taking of an animal in

 

order to impair the usefulness of the property or prevent the use

 

of the property.

 

     (g) Enters or remains upon private lands without the

 

permission of the owner or the owner's agent, for the purpose of

 

violating this section.

 

     (h) Uses an unmanned aerial vehicle or unmanned submersible

 

vehicle to interfere with or harass another individual who is

 

engaged in the process of lawfully taking an animal or fish.

 

     (i) (h) Engages in any other act or behavior for the purpose

 

of violating this section.

 

     (3) Upon petition of an aggrieved person or a person an

 

individual who reasonably may be aggrieved by a violation of this

 

section, a court of competent jurisdiction, upon a showing that a

 

person an individual was engaged in and threatens to continue to

 

engage in illegal conduct under this section, may enjoin that

 

conduct.

 

     (4) A person An individual who violates this section is guilty

 

of a misdemeanor , punishable by imprisonment for not more than 93

 

days , or a fine of not less than $500.00 or more than $1,000.00,

 

or both, and the costs of prosecution. A person An individual who

 

violates this section a second or subsequent time is guilty of a

 

misdemeanor , punishable by imprisonment for not more than 1 year ,

 

or a fine of not less than $1,000.00 or more than $2,500.00, or

 

both, and the costs of prosecution. In addition to the penalties


 

provided for in this subsection, any permit or license issued by

 

the department authorizing the person individual to take animals

 

shall be revoked. A prosecution under this section does not

 

preclude prosecution or other action under any other criminal or

 

civil statute.

 

     (5) This section does not apply to a peace officer while the

 

peace officer performs his or her lawful duties.

 

     Sec. 48703a. (1) The legislature finds and declares that

 

aquatic invasive species, including Asian carp, represent a

 

significant threat to the state's fisheries, aquatic resources,

 

outdoor recreation and tourism economies, and public safety.

 

     (2) The natural resources commission has the exclusive

 

authority to regulate the taking of fish in this state. sport

 

fishing under this part. The natural resources commission shall, to

 

the greatest extent practicable, utilize principles of sound

 

scientific management in making decisions regarding the taking of

 

fish. regulation of sport fishing under this part. The natural

 

resources commission may take testimony from department personnel,

 

independent experts, and others, and review scientific literature

 

and data, among other sources, in support of its the commission's

 

duty to use principles of sound scientific management. The natural

 

resources commission shall issue orders regarding the taking of

 

fish regulation of sport fishing under this part following a public

 

meeting and an opportunity for public input. Not less than 30 days

 

before issuing an order, the natural resources 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.

 

     (3) (d) For the fiscal year ending September 30, 2015, there

 

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

 

implement management practices necessary for rapid response,

 

prevention, control, and/or or elimination of aquatic invasive

 

species, including Asian carp. Any portion of the amount under this

 

section that is not expended in the fiscal year ending September

 

30, 2015 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 55 of the 98th Legislature is enacted into

 

law.