SB-0054, As Passed Senate, February 17, 2015
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;
or collect animals, or to attempt to engage in
(2) "Transport" means to carry or ship animals within this
state or to points outside this state.
taking or attempting to take or attempt to
take animals by means of a trap or other device designed to kill or
(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.
"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.
A person An
individual shall not obstruct or
interfere in the lawful taking of animals by another
A person An individual violates this section when the
individual intentionally or knowingly does any of the
(a) Drives or disturbs animals for the purpose of disrupting a
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
a person an individual who erects barriers to prevent
trespassing on his or her property.
Interjects himself or herself into the line of fire of
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.
Engages in any other act or
behavior for the purpose
of violating this section.
Upon petition of an aggrieved person or
a person an
individual who reasonably may be aggrieved by a violation of this
a court of competent jurisdiction, upon a showing that
an individual was engaged in and threatens to continue to
engage in illegal conduct under this section, may enjoin that
A person An individual who violates this section is guilty
by imprisonment for not more than 93
, or a fine of not less than $500.00 or more than
both, and the costs of prosecution.
A person An individual who
violates this section a second or subsequent time is guilty of a
, 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
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
(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.
natural resources commission has the exclusive
the taking of fish in this state. sport
under this part. The
resources commission shall, to
the greatest extent practicable, utilize principles of sound
management in making decisions regarding the
taking of fish.
regulation of sport fishing
under this part. The natural resources
commission may take testimony from
independent experts, and others, and review scientific literature
data, among other sources, in support of
its the commission's
to use principles of sound scientific management. The
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
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
(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.
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,
and/or or elimination of aquatic
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
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