HOUSE BILL No. 5999 July 2, 1998, Introduced by Reps. Tesanovich, Anthony, Prusi, Parks, Martinez, LaForge, Schermesser and Hale and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 42702, 42706, 42707, 42710, 42713, and 42714 (MCL 324.42702, 324.42706, 324.42707, 324.42710, 324.42713, and 324.42714), as added by 1995 PA 57. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 42702. The departmentshallMAY issue licenses to 2 authorize the possession for propagation OF, and for dealing in 3 and selling, game. A license shall not be granted to an appli- 4 cant who is not the owner or lessee of the premises to be used 5 for the purposes designated by the license. A license issued 6 pursuant to this part is nontransferable and is valid from July 1 7 to June 30 of the third license year. 8 Sec. 42706. (1) All islands, enclosures, and pens used for 9 propagation purposes shall be of a character and in a location 06601'98 * TMV 2 1 that the department approves as satisfactory to keep in complete 2 and continuous captivity the stock covered by the license, and 3 shall be constructed in a manner to prevent the entrance of wild 4 stock of the same species.However, pinioned or wing-clipped5birds may be kept in unroofed enclosures.6 (2) After July 1, 1986, the department shall not issue a 7 license to a person, or approve an enclosure or pen capable of 8 enclosing deer, unless the following conditions are met: 9 (a) The township or city in which the enclosure or pen is to 10 be located has granted authorization for the enclosure or pen to 11 be located within the township or city. 12 (b) If there are deer within the area to be enclosed, the 13 applicant or license holder flushes that area to eliminate those 14 deer. The applicant or license holder shall submit the proposed 15 method to be used to flush deer from the area to the department 16 for approval. 17 (3) Any deer that cannot be flushed from the land that is to 18 be enclosed and is covered by a license issued under this part 19 shall be purchased from the state as provided in section 42707. 20 (4) Subsections (2) and (3) do not apply to a person who has 21 a valid license on July 1, 1986, unless the license holder 22 expands the lands covered by the license. 23 (5) As used in this section, "flush" or "flushed" means to 24 move or chase from the area that is to be enclosed. 25 Sec. 42707. If wild, state owned game animals are present 26 on land that is covered by a license, the applicant may purchase 27 the state owned game from the state and secure title to the 06601'98 * 3 1 game.Except as otherwise provided in this section, theTHE 2 price to be paid for the game shall be fixed by thedepartment,3but the price shall not exceed the market value that the game4have for breeding purposesCOMMISSION.However, the price of5deer purchased from the state shall be $250.00 per deer.THE 6 COMMISSION MAY ISSUE ORDERS GOVERNING THE SALE OF STATE OWNED 7 GAME UNDER THIS SECTION, INCLUDING, BUT NOT LIMITED TO, WHICH 8 GAME MAY OR MAY NOT BE SOLD AND THE PRICE FOR THE SALE OF STATE 9 OWNED GAME. 10 Sec. 42710. (1) ThedepartmentCOMMISSION may issue 11 orders considered necessary by thedepartment to protect the12public interest and to provideCOMMISSION TO DO ANY OF THE 13 FOLLOWING: 14 (A) PROTECT THE PUBLIC INTEREST AS AFFECTED BY OPERATIONS 15 UNDER THIS PART. 16 (B) PROVIDE for the proper administration of this part. 17 (C) PROVIDE FOR THE CONSIDERATION OF WILDLIFE MANAGEMENT 18 OBJECTIVES IN THE DEPARTMENT'S DECISION WHETHER TO ISSUE A 19 LICENSE FOR A NEW FACILITY OR FOR A FACILITY WHOSE SIZE OR SCOPE 20 IS TO BE EXPANDED. WILDLIFE MANAGEMENT OBJECTIVES MAY INCLUDE, 21 BUT NEED NOT BE LIMITED TO, AVOIDING ADVERSE IMPACTS ON FREE 22 RANGING WILDLIFE POPULATIONS OR HABITAT AVAILABILITY. 23 (2) Orders under this part shall be issued according to the 24 procedure for the issuance of orders provided for in part 401. 25 (3)(2)ThedepartmentCOMMISSION may promulgate rules 26 designating certain game that do not require protection under 06601'98 * 4 1 this part and that may be possessed, propagated, purchased, or 2 sold without a license. 3 Sec. 42713. Any license issued under this part may be sus- 4 pended or revoked after a hearing conducted pursuant to the 5 administrative procedures act of 1969,Act No. 306 of the Public6Acts of 1969, being sections 24.201 to 24.328 of the Michigan7Compiled Laws1969 PA 306, MCL 24.201 TO 24.328, upon reasonable 8 notice, when the license holder fails to comply with this part OR 9 A RULE OR ORDER UNDER THIS PART, or fails to provide accurate 10 reports and records within reasonable time limits as designated 11 by the department. In addition, if a person licensed under this 12 part is convicted of a violation ofthe game laws of the state,13his or her license may be revoked or its renewal denied and the14game held under his or her license may be disposed of only in a15manner approved by the departmentTHIS PART, A RULE OR ORDER 16 UNDER THIS PART, OR ANY OTHER LAW FOR THE PROTECTION OF GAME IN 17 THIS STATE, THE COURT MAY ORDER THAT THE PERSON'S LICENSE BE 18 REVOKED, THAT THE PERSON NOT BE PERMITTED TO RENEW THE LICENSE 19 FOR A PERIOD OF TIME SPECIFIED BY THE COURT, AND THAT GAME HELD 20 UNDER THE LICENSE BE DISPOSED OF IN A MANNER SPECIFIED IN THE 21 ORDER. 22 Sec. 42714. A person who violates this part orany of the23rules promulgatedAN ORDER OR RULE under this part is guilty of 24 a misdemeanor, punishable by imprisonment for not more than 90 25 days, or a fine of not more than $100.00, or both. A person who 26 is convicted of a second OR SUBSEQUENT violation of this part or 27any of the rules promulgatedA RULE OR ORDER under this part is 06601'98 * 5 1 guilty of a misdemeanor, punishable by imprisonment for not more 2 than 90 days, or a fine of not more than $500.00, or both. 06601'98 * Final page. TMV