SENATE BILL No. 37

 

 

January 16, 2019, Introduced by Senator VANDERWALL 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 40102 and 40111a (MCL 324.40102 and

 

324.40111a), section 40102 as amended by 2015 PA 24 and section

 

40111a as amended by 2015 PA 265.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40102. (1) "Animals" means wild birds and wild mammals.

 

     (2) "Bag limit" means the number of animals that may be taken

 

and possessed as determined by the department.

 

     (3) "Bow" means a device for propelling an arrow from a string

 

drawn, held, and released by hand where the force used to hold the

 

string in the drawn position is provided by the archer's muscles.

 

     (4) "Buy" or "sell" means an exchange or attempt or offer to

 

exchange for money, barter, or anything of value.


     (5) "Chase" means to follow animals with dogs or other wild or

 

domestic animals trained for that purpose.

 

     (6) "Cormorant damage" means adverse impacts of double-crested

 

cormorants on fish, fish hatchery stock, wildlife, plants, and

 

their habitats and on man-made structures.

 

     (7) "Cormorant depredation order" means the depredation order

 

for double-crested cormorants to protect public resources, 50 CFR

 

21.48, issued by the United States Department of the Interior, Fish

 

and Wildlife Service.

 

     (8) "Crossbow" means a weapon consisting of a bow mounted

 

transversely on a stock or frame and designed to fire an arrow,

 

bolt, or quarrel by the release of a bow string that is controlled

 

by a mechanical or electric trigger and has a working safety and a

 

draw weight of 100 pounds or greater.

 

     (9) "Deer or elk baiting" means the depositing, distributing,

 

or tending of feed in an area frequented by wild, free-ranging

 

white-tailed deer or elk to aid in the taking of deer or elk. Deer

 

or elk baiting does not include any of the following:

 

     (a) Feeding wild birds or other wildlife if done in such a

 

manner as to exclude wild, free-ranging white-tailed deer and elk

 

from gaining access to the feed.

 

     (b) The scattering of feed solely as the result of normal

 

logging practices or normal agricultural practices.

 

     (c) The storage or use of feed for agricultural purposes if 1

 

or more of the following apply:

 

     (i) The area is occupied by livestock actively consuming the

 

feed on a daily basis.


     (ii) The feed is covered to deter wild, free-ranging white-

 

tailed deer or elk from gaining access to the feed.

 

     (iii) The feed is in a storage facility that is consistent

 

with normal agricultural practices.

 

     (10) (9) "Deer or elk feeding" means the depositing,

 

distributing, or tending of feed in an area frequented by wild,

 

free-ranging white-tailed deer or elk. Deer or elk feeding does not

 

include any of the following:

 

     (a) Feeding wild birds or other wildlife if done in such a

 

manner as to exclude wild, free-ranging white-tailed deer and elk

 

from gaining access to the feed.

 

     (b) The scattering of feed solely as the result of normal

 

logging practices or normal agricultural practices.

 

     (c) The storage or use of feed for agricultural purposes if 1

 

or more of the following apply:

 

     (i) The area is occupied by livestock actively consuming the

 

feed on a daily basis.

 

     (ii) The feed is covered to deter wild, free-ranging white-

 

tailed deer or elk from gaining access to the feed.

 

     (iii) The feed is in a storage facility that is consistent

 

with normal agricultural practices.

 

     (d) Baiting to take game as provided by an order of the

 

commission under section 40113a.Deer or elk baiting.

 

     (11) (10) "Disability" means a determinable physical

 

characteristic of an individual that may result from disease,

 

injury, congenital condition of birth, or functional disorder.

 

     (12) (11) "Feed" means a substance composed of grain, mineral,


salt, fruit, vegetable, hay, or any other food material or

 

combination of these materials, whether natural or manufactured,

 

that may attract white-tailed deer or elk. Feed does not include

 

any of the following:

 

     (a) Plantings for wildlife.

 

     (b) Standing farm crops under normal agricultural practices.

 

     (c) Agricultural commodities scattered solely as the result of

 

normal agricultural practices.

 

     (13) (12) "Firearm" means any weapon which will, is designed

 

to, or may readily be converted to expel a projectile by action of

 

an explosive. A pneumatic gun, as defined in section 1 of 1990 PA

 

319, MCL 123.1101, other than a paintball gun that expels by

 

pneumatic pressure plastic balls filled with paint for the purpose

 

of marking the point of impact, is also considered a firearm for

 

the purpose of this act.

 

     Sec. 40111a. (1) The commission, after consultation with the

 

commission of agriculture and rural development, shall issue in the

 

manner provided in section 40113a an order concerning An individual

 

may engage in deer and or elk feeding in this state.

 

     (2) As used in this section, "deer and elk feeding" means the

 

depositing, distributing, or tending of feed in an area frequented

 

by wild, free-ranging white-tailed deer and elk to prevent them

 

from starving or for recreational viewing. Deer and elk feeding

 

does not include any of the following:

 

     (a) Baiting to take game as provided by an order of the

 

commission under section 40113a.

 

     (b) The scattering of feed solely as the result of normal


logging practices or normal agricultural practices.

 

     (c) The storage or use of feed for agricultural purposes if 1

 

or more of the following apply:

 

     (i) The area is occupied by livestock actively consuming the

 

feed on a daily basis.

 

     (ii) The feed is covered to deter wild, free-ranging white-

 

tailed deer and elk from gaining access to the feed or is being

 

used on a daily basis.

 

     (iii) The feed is in a storage facility or is stored in a

 

manner that is consistent with normal agricultural practices.

 

     (d) Feeding wild birds or other wildlife if done in such a

 

manner as to exclude wild, free-ranging white-tailed deer and elk

 

from gaining access to the feed.

 

     (2) An individual may engage in deer or elk baiting in this

 

state during the open seasons for deer or elk.