HOUSE BILL No. 4189

 

 

February 9, 2017, Introduced by Reps. Hornberger, Hughes, Frederick and Lucido and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 504 (MCL 324.504), as amended by 2009 PA 47.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 504. (1) The department shall promulgate rules to protect

 

and preserve lands and other property under its control from

 

depredation, damage, or destruction or wrongful or improper use or

 

occupancy.

 

     (2) Subject to subsection (4), the department shall do all of

 

the following:

 

     (a) Keep land under its control open to hunting unless,

 

subject to subdivision (c), the department determines that the land

 

should be closed to hunting because of public safety, fish or

 

wildlife management, or homeland security concerns or as otherwise

 


required by law.

 

     (b) Manage land under its control to support and promote

 

hunting opportunities to the extent authorized by law.

 

     (c) Manage land under its control to prevent any net decrease

 

so there is no net loss in the acreage of such land that is open to

 

hunting.

 

     (3) Subject to subsection (4), by April 1 , 2010 and each

 

year, thereafter, the department shall submit to the legislature a

 

report that includes all of the following:

 

     (a) The location and acreage of land under its control

 

previously open to hunting that the department closed to hunting

 

during the 1-year period ending the preceding March 1, together

 

with the reasons for the closure.

 

     (b) The location and acreage of land under its control

 

previously closed to hunting that the department opened to hunting

 

during the 1-year period ending the preceding March 1 to compensate

 

for land closed to hunting under subdivision (a).

 

     (4) Subsections For the purpose of subsections (2) and (3), do

 

not apply to land under the control of the department is considered

 

to include commercial forestland as defined in section 51101.

 

     (5) This section does not authorize the department to

 

promulgate a rule that applies to commercial fishing except as

 

otherwise provided by law.

 

     (6) The department shall not promulgate or enforce a rule that

 

prohibits an individual who is licensed or exempt from licensure

 

under 1927 PA 372, MCL 28.421 to 28.435, from carrying a pistol in

 

compliance with that act, whether concealed or otherwise, on


property under the control of the department.

 

     (7) The department shall issue orders necessary to implement

 

rules promulgated under this section. These orders shall be are

 

effective upon posting.

 

     (8) A person who violates a rule promulgated under this

 

section or an order issued under this section is responsible for a

 

state civil infraction and may be ordered to pay a civil fine of

 

not more than $500.00.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.