House Introduced Bill 6249

HOUSE BILL No. 6249

August 13, 2002, Introduced by Rep. Rich Brown and referred to the Committee on Agriculture and Resource Management.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 43553 (MCL 324.43553), as amended by 1996

PA 585, and by adding part 413.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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PART 413 WILDLIFE DAMAGE CLAIMS

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SEC. 41301. AS USED IN THIS PART:

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(A) "AGRICULTURAL COMMODITY" MEANS ANY OF THE FOLLOWING:

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(i) COMMERCIAL SEEDINGS OR CROPS GROWING ON LAND USED FOR

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AGRICULTURE.

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(ii) CROPS THAT HAVE BEEN HARVESTED FOR SALE OR USE FROM

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LAND USED FOR AGRICULTURE BUT THAT HAVE NOT BEEN REMOVED FROM THE

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LAND WHERE HARVESTED.

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(iii) ORCHARD TREES OR NURSERY STOCK.

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(iv) APIARIES.

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(v) LIVESTOCK.

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(B) "AGRICULTURAL COMMODITY OWNER" MEANS AN OWNER, LESSEE,

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OR PERSON WHO CONTROLS LAND WHERE THE SEEDINGS, CROPS, ORCHARD

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TREES, OR NURSERY STOCK REFERRED TO IN SUBDIVISION (A)(i) TO

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(iii) ARE LOCATED OR THE OWNER OF THE APIARIES OR LIVESTOCK

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REFERRED TO IN SUBDIVISION (A)(iv) OR (v).

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(C) "FUND" MEANS THE WILDLIFE DAMAGE FUND CREATED UNDER SEC-

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TION 41309.

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(D) "GENERALLY ACCEPTED AGRICULTURAL AND MANAGEMENT

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PRACTICES" MEANS THAT TERM AS DEFINED IN THE MICHIGAN RIGHT TO

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FARM ACT, 1981 PA 93, MCL 286.471 TO 286.474.

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(E) "WILDLIFE DAMAGE" MEANS DAMAGE CAUSED BY ANY OF THE FOL-

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LOWING NONCAPTIVE WILD ANIMALS:

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(i) DEER.

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(ii) BEAR.

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(iii) GEESE.

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(iv) TURKEY.

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(v) SANDHILL CRANES, IF SANDHILL CRANES ARE CLASSIFIED AS

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GAME UNDER PART 401.

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SEC. 41303. SUBJECT TO THE REQUIREMENTS OF THIS PART, THE

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DEPARTMENT SHALL IMPLEMENT A PROGRAM TO DO ALL OF THE FOLLOWING:

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(A) RECOMMEND TO AGRICULTURAL COMMODITY OWNERS MEASURES TO

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PREVENT WILDLIFE DAMAGE TO AGRICULTURAL COMMODITIES.

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(B) REIMBURSE AGRICULTURAL COMMODITY OWNERS FOR THE COSTS OF

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IMPLEMENTING MEASURES DESCRIBED IN SUBDIVISION (A).

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(C) COMPENSATE AGRICULTURAL COMMODITY OWNERS FOR WILDLIFE

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DAMAGE TO AGRICULTURAL COMMODITIES.

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SEC. 41305. (1) AN AGRICULTURAL COMMODITY OWNER MAY FILE

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WITH THE DEPARTMENT A REQUEST THAT THE DEPARTMENT MAKE RECOMMEN-

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DATIONS ON, AND A COMMITMENT TO PROVIDE REIMBURSEMENT FOR, MEA-

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SURES TO PREVENT WILDLIFE DAMAGE TO THE AGRICULTURAL COMMODITY.

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THE AGRICULTURAL COMMODITY OWNER SHALL FILE THE REQUEST ON A FORM

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PROVIDED BY THE DEPARTMENT.

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(2) THE DEPARTMENT SHALL REVIEW EACH REQUEST FILED UNDER

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SUBSECTION (1). IF THE DEPARTMENT DETERMINES THAT WILDLIFE

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DAMAGE TO AN AGRICULTURAL COMMODITY IS OCCURRING OR LIKELY TO

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OCCUR AND THAT ANY OTHER REQUIREMENTS SET FORTH IN RULES ADOPTED

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UNDER THIS PART ARE SATISFIED, THE DEPARTMENT SHALL RECOMMEND

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WILDLIFE DAMAGE PREVENTION MEASURES TO THE AGRICULTURAL COMMODITY

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OWNER AND MAY MAKE A COMMITMENT TO THE AGRICULTURAL COMMODITY

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OWNER TO PROVIDE REIMBURSEMENT FOR THOSE MEASURES IF THEY ARE

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IMPLEMENTED.

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(3) THE DEPARTMENT SHALL RECOMMEND UNDER SUBSECTION (2) ONLY

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WILDLIFE DAMAGE PREVENTION MEASURES THAT ARE ALL OF THE

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FOLLOWING:

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(A) AUTHORIZED IN RULES ADOPTED UNDER THIS PART.

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(B) APPROPRIATE FOR THE TYPE OF WILDLIFE DAMAGE, TYPE OF

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AGRICULTURAL COMMODITY, AND OTHER CIRCUMSTANCES.

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(C) COST-EFFECTIVE IN RELATION TO THE WILDLIFE DAMAGE CLAIMS

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THAT WOULD LIKELY BE PAID UNDER THIS PART IF THE WILDLIFE DAMAGE

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PREVENTION MEASURES WERE NOT RECOMMENDED AND IMPLEMENTED.

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SEC. 41307. (1) WITHIN 14 DAYS AFTER FIRST SUSTAINING

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WILDLIFE DAMAGE TO AN AGRICULTURAL COMMODITY, THE AGRICULTURAL

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COMMODITY OWNER MAY FILE WITH THE DEPARTMENT A CLAIM FOR COMPEN-

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SATION FOR WILDLIFE DAMAGE TO THE AGRICULTURAL COMMODITY. THE

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AGRICULTURAL COMMODITY OWNER SHALL FILE THE CLAIM ON A FORM PRO-

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VIDED BY THE DEPARTMENT.

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(2) THE DEPARTMENT SHALL INVESTIGATE EVERY CLAIM FILED UNDER

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SUBSECTION (1) AND DETERMINE THE DOLLAR AMOUNT OF WILDLIFE DAMAGE

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THAT OCCURRED. SUBJECT TO SUBSECTION (3) AND SECTION 41309(5),

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THE DEPARTMENT SHALL PAY THE AGRICULTURAL COMMODITY OWNER THE

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DOLLAR AMOUNT OF WILDLIFE DAMAGE IF ALL OF THE FOLLOWING APPLY:

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(A) THE OWNER REQUESTED AND IMPLEMENTED RECOMMENDATIONS FOR

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WILDLIFE DAMAGE PREVENTION MEASURES FOR THE AGRICULTURAL COMMOD-

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ITY UNDER SECTION 41305.

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(B) THE AGRICULTURAL COMMODITY OWNER MANAGED THE AGRICUL-

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TURAL COMMODITY IN A MANNER CONSISTENT WITH GENERALLY ACCEPTED

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AGRICULTURAL AND MANAGEMENT PRACTICES.

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(C) ANY OTHER REQUIREMENTS SET FORTH IN RULES ADOPTED UNDER

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THIS PART ARE SATISFIED.

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(3) THE DEPARTMENT SHALL DETERMINE THE AMOUNT TO BE PAID FOR

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A CLAIM UNDER SUBSECTION (1) AS FOLLOWS:

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(A) IF THE AMOUNT OF THE CLAIM IS $250.00 OR LESS, NOTHING

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SHALL BE PAID.

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(B) IF THE AMOUNT OF THE CLAIM IS MORE THAN $250.00 BUT NOT

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MORE THAN $5,250.00, THE AMOUNT PAID SHALL BE 100% OF THE AMOUNT

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OF THE CLAIM THAT EXCEEDS $250.00.

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(C) IF THE AMOUNT OF THE CLAIM IS MORE THAN $5,250.00, THE

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AMOUNT PAID SHALL BE $5,000.00, PLUS 80% OF THE AMOUNT OF THE

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CLAIM THAT EXCEEDS $5,250.00, BUT NOT MORE THAN A TOTAL OF

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$15,000.00 FOR EACH CLAIM.

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(4) THE DEPARTMENT SHALL PAY COMPENSATION FOR WILDLIFE

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DAMAGE UNDER SUBSECTION (2) BY JUNE 1 OF THE YEAR AFTER THE YEAR

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IN WHICH THE CLAIM WAS FILED.

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SEC. 41309. (1) THE WILDLIFE DAMAGE FUND IS CREATED WITHIN

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THE STATE TREASURY.

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(2) THE STATE TREASURER MAY RECEIVE MONEY OR OTHER ASSETS

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FROM ANY SOURCE FOR DEPOSIT INTO THE FUND. FIFTEEN PERCENT OF

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THE REVENUE FROM ALL BEAR HUNTING LICENSES ISSUED UNDER PART 435

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SHALL BE DEPOSITED IN THE FUND.

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(3) THE STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE

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FUND. THE STATE TREASURER SHALL CREDIT TO THE FUND INTEREST AND

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EARNINGS FROM FUND INVESTMENTS.

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(4) MONEY IN THE FUND AT THE CLOSE OF THE FISCAL YEAR SHALL

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REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE GENERAL FUND.

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(5) THE DEPARTMENT SHALL EXPEND MONEY FROM THE FUND, UPON

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APPROPRIATION, ONLY FOR THE FOLLOWING PURPOSES:

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(A) THE COSTS OF ADMINISTERING THIS PART.

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(B) REIMBURSEMENT FOR WILDLIFE DAMAGE PREVENTION MEASURES

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UNDER SECTION 41305.

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(C) COMPENSATION FOR WILDLIFE DAMAGE UNDER SECTION 41307.

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PAYMENTS UNDER THIS SUBDIVISION SHALL BE MADE FROM THE UNEXPENDED

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BALANCE OF THE APPROPRIATION FROM THE FUND REMAINING AFTER PAYING

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COSTS AND MAKING REIMBURSEMENTS UNDER SUBDIVISIONS (A) AND (B).

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IF THE UNEXPENDED BALANCE OF THE APPROPRIATION IS NOT SUFFICIENT

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TO PAY THE FULL AMOUNT REQUIRED UNDER SECTION 41307(2) AND (3),

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THE DEPARTMENT SHALL COMPENSATE CLAIMANTS ON A PRORATED BASIS.

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SEC. 41311. (1) SUBJECT TO SUBSECTIONS (2) AND (3), A

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PERSON WHO RECEIVES REIMBURSEMENT FOR A WILDLIFE DAMAGE PREVEN-

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TION MEASURE OR COMPENSATION FOR A WILDLIFE DAMAGE CLAIM UNDER

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THIS PART AND ANY OTHER PERSON WHO OWNS, LEASES, OR CONTROLS THE

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LAND ON WHICH WAS LOCATED THE AGRICULTURAL COMMODITY THAT WAS THE

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SUBJECT OF THE WILDLIFE DAMAGE PREVENTION MEASURE OR THE WILDLIFE

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DAMAGE CLAIM SHALL PERMIT HUNTING OF THE TYPE OF WILDLIFE THAT IS

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THE FOCUS OF THE PREVENTION MEASURES OR THAT CAUSED THE WILDLIFE

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DAMAGE, DURING THE APPROPRIATE OPEN SEASON. HUNTING SHALL BE

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PERMITTED ON AREAS OF THAT LAND AND CONTIGUOUS LAND UNDER THE

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SAME OWNERSHIP, LEASE, OR CONTROL DETERMINED BY THE DEPARTMENT TO

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BE SUITABLE FOR HUNTING.

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(2) HUNTING UNDER SUBSECTION (1) IS SUBJECT TO ALL OF THE

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FOLLOWING CONDITIONS:

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(A) A HUNTER SHALL NOTIFY THE LANDOWNER OF HIS OR HER INTENT

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TO HUNT ON THE LAND.

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(B) A HUNTER SHALL NOT BRING A MOTOR VEHICLE ONTO THE LAND

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WITHOUT THE PERMISSION OF THE LANDOWNER.

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(C) A HUNTER SHALL NOT USE A HUNTING STAND ON THE LAND WITH-

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OUT THE PERMISSION OF THE LANDOWNER.

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(D) A LANDOWNER MAY DENY A HUNTER ACCESS TO THE LAND FOR

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REASONABLE CAUSE, INCLUDING, BUT NOT LIMITED TO, ANY OF THE

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FOLLOWING:

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(i) IF THE HUNTER HUNTS ON THE LAND, 3 OR MORE HUNTERS WILL

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BE PRESENT PER 40 ACRES OF THE AREA DETERMINED UNDER SUBSECTION

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(1) TO BE SUITABLE FOR HUNTING.

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(ii) THE HUNTER APPEARS TO BE INTOXICATED OR IS UNRULY.

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(iii) THE HUNTER CAUSES PROPERTY DAMAGE.

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(iv) THE HUNTER VIOLATES ANY OF THE CONDITIONS UNDER

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SUBDIVISIONS (A) TO (C).

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(3) THE REQUIREMENT TO ALLOW HUNTING UNDER SUBSECTION (1)

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DOES NOT APPLY IF THE AGRICULTURAL COMMODITY OWNER DOES NOT HAVE

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AUTHORITY TO CONTROL ENTRY ON THE LAND FOR THE PURPOSE OF

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HUNTING.

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(4) A PERSON WHO VIOLATES SUBSECTION (1) IS NOT ELIGIBLE FOR

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REIMBURSEMENT OR COMPENSATION UNDER THIS PART FOR 10 YEARS AFTER

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ON THE DAY ON WHICH THE REFUSAL TO PERMIT HUNTING OCCURRED. IN

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ADDITION, THE PERSON IS LIABLE TO THE DEPARTMENT FOR ALL OF THE

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FOLLOWING:

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(A) REPAYMENT OF ANY REIMBURSEMENT RECEIVED BY THAT PERSON

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UNDER THIS PART FOR WILDLIFE DAMAGE PREVENTION MEASURES IMPLE-

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MENTED ON THAT LAND OR ON CONTIGUOUS LAND UNDER THE SAME OWNER-

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SHIP, LEASE, OR CONTROL.

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(B) REPAYMENT OF ANY COMPENSATION RECEIVED UNDER THIS PART

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BY THAT PERSON FOR WILDLIFE DAMAGE ON THAT LAND OR ON CONTIGUOUS

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LAND UNDER THE SAME OWNERSHIP, LEASE, OR CONTROL.

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(C) PAYMENT OF THE COSTS INCURRED BY THE DEPARTMENT TO

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REVIEW AND APPROVE ANY REIMBURSEMENT FOR WILDLIFE DAMAGE PREVEN-

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TION MEASURES DESCRIBED IN SUBDIVISION (A) OR COMPENSATION FOR

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WILDLIFE DAMAGE DESCRIBED IN SUBDIVISION (B).

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(D) PAYMENT OF COSTS INCURRED BY THE DEPARTMENT TO

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INVESTIGATE THE FAILURE TO PERMIT HUNTING ON THE LAND.

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SEC. 41313. (1) AN AGRICULTURAL COMMODITY OWNER WHO FILES A

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REQUEST FOR REIMBURSEMENT FOR WILDLIFE DAMAGE PREVENTION MEASURES

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OR A CLAIM FOR COMPENSATION FOR WILDLIFE DAMAGE SHALL DO BOTH OF

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THE FOLLOWING:

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(A) RETAIN ALL RECORDS RELATING TO THE REIMBURSEMENT OR COM-

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PENSATION AS REQUIRED BY THE DEPARTMENT AND MAKE THEM AVAILABLE

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TO THE DEPARTMENT FOR INSPECTION AT REASONABLE TIMES.

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(B) ALLOW REPRESENTATIVES OF THE DEPARTMENT TO ENTER AND

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INSPECT, AT REASONABLE TIMES, ANY LAND FOR WHICH THE APPLICATION

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OR CLAIM WAS FILED.

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(2) THE DEPARTMENT, IF REQUESTED, SHALL FURNISH TO AN AGRI-

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CULTURAL COMMODITY OWNER DESCRIBED IN SUBSECTION (1) A REPORT

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SETTING FORTH ALL OF THE FACTUAL FINDINGS BY THE DEPARTMENT THAT

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RELATE TO AN INSPECTION UNDER THIS SECTION.

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SEC. 41315. THE DEPARTMENT SHALL ARRANGE FOR AN ANNUAL

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AUDIT OF ANY REIMBURSEMENTS FOR WILDLIFE DAMAGE PREVENTION MEA-

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SURES AND COMPENSATION FOR WILDLIFE DAMAGE PAID UNDER SECTION

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41305 OR 41307, RESPECTIVELY, TO DEPARTMENT OFFICERS AND

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EMPLOYEES.

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SEC. 41317. (1) A PERSON WHO MAKES, OR CAUSES TO BE MADE, A

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FALSE STATEMENT OR REPRESENTATION OF A MATERIAL FACT IN A REQUEST

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FOR REIMBURSEMENT FOR A WILDLIFE DAMAGE PREVENTION MEASURE OR IN

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A CLAIM FOR COMPENSATION FOR WILDLIFE DAMAGE IS CIVILLY LIABLE

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FOR BOTH OF THE FOLLOWING:

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(A) REPAYMENT OF ANY MONEY PAID BY THE DEPARTMENT AS

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REIMBURSEMENT FOR A WILDLIFE DAMAGE PREVENTION MEASURE OR

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COMPENSATION FOR WILDLIFE DAMAGE.

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(B) PAYMENT OF THE COSTS FOR REVIEWING AND APPROVING THE

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APPLICATION FOR REIMBURSEMENT OR CLAIM FOR COMPENSATION AND THE

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COSTS IN INVESTIGATING AND DETERMINING THAT A FALSE STATEMENT OR

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REPRESENTATION WAS MADE.

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(2) A PERSON WHO KNOWINGLY MAKES OR CAUSES TO BE MADE A

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FALSE STATEMENT OR REPRESENTATION OF MATERIAL FACT IN A REQUEST

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FOR REIMBURSEMENT FOR A WILDLIFE DAMAGE PREVENTION MEASURE OR IN

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A CLAIM FOR COMPENSATION FOR WILDLIFE DAMAGE IS GUILTY OF A

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MISDEMEANOR. UPON CONVICTION, THE COURT SHALL PROHIBIT THE

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PERSON FROM RECEIVING ANY REIMBURSEMENT OR COMPENSATION UNDER

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THIS PART FOR 10 YEARS BEGINNING ON THE DATE THAT THE FALSE

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STATEMENT OR REPRESENTATION OCCURRED. IN ADDITION, THE PERSON

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MAY BE PUNISHED BY EITHER OR BOTH OF THE FOLLOWING:

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(A) PAYMENT OF A FINE EQUAL TO 2 TIMES THE TOTAL AMOUNT OF

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REIMBURSEMENT OR COMPENSATION RECEIVED, PLUS AN AMOUNT NOT TO

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EXCEED $1,000.00.

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(B) REVOCATION OF THE PERSON'S HUNTING, FISHING, OR TRAPPING

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LICENSES IF THE PERSON IS LICENSED TO HUNT, FISH, OR TRAP IN THIS

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STATE, AND A PROHIBITION AGAINST SEEKING OR POSSESSING SUCH A

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LICENSE FOR THE REMAINDER OF THE CALENDAR YEAR IN WHICH THE

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PERSON IS CONVICTED AND FOR UP TO 3 SUCCEEDING CALENDAR YEARS.

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(3) AN OWNER OF AN AGRICULTURAL COMMODITY WITH RESPECT TO

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WHICH ANOTHER PERSON COMMITTED A VIOLATION OF SUBSECTION (2) IS

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NOT ELIGIBLE FOR REIMBURSEMENT OR COMPENSATION UNDER THIS PART

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FOR 10 YEARS COMMENCING ON THE DAY ON WHICH THE VIOLATION OF

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SUBSECTION (2) OCCURRED.

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SEC. 41319. THE DEPARTMENT SHALL PROMULGATE RULES TO IMPLE-

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MENT THIS PART. THE RULES SHALL ADDRESS ALL OF THE FOLLOWING:

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(A) ELIGIBILITY AND FUNDING REQUIREMENTS FOR REIMBURSEMENT

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FOR WILDLIFE DAMAGE PREVENTION MEASURES AND COMPENSATION FOR

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WILDLIFE DAMAGE THAT MAXIMIZE THE COST-EFFECTIVENESS OF THE PRO-

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GRAM UNDER THIS PART.

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(B) AUTHORIZED WILDLIFE DAMAGE PREVENTION MEASURES AND

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METHODS FOR IMPLEMENTING THESE PREVENTION MEASURES.

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(C) PROCEDURES FOR PROCESSING AND PAYING REIMBURSEMENT FOR

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WILDLIFE DAMAGE PREVENTION MEASURES, INCLUDING VERIFICATION OF

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THE COSTS AND IMPLEMENTATION OF THOSE MEASURES.

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(D) PROCEDURES FOR PROCESSING AND PAYING CLAIMS FOR COMPEN-

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SATION FOR WILDLIFE DAMAGE, INCLUDING BOTH OF THE FOLLOWING:

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(i) STANDARDS FOR DETERMINING THE AMOUNT OF WILDLIFE

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DAMAGE.

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(ii) A METHODOLOGY FOR PRORATION OF COMPENSATION FOR WILD-

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LIFE DAMAGE UNDER SECTION 41309.

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(E) PROCEDURES FOR INSPECTIONS UNDER SECTION 41313.

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(F) ANY OTHER MATTER NECESSARY FOR THE ENFORCEMENT AND

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ADMINISTRATION OF THIS PART.

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SEC. 41321. (1) THE DEPARTMENT SHALL PREPARE AN ANNUAL

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REPORT CONCERNING WILDLIFE DAMAGE AND THE PROGRAM PROVIDED FOR BY

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THIS PART. THE REPORT SHALL INCLUDE AT LEAST A SUMMARY OF EACH

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OF THE FOLLOWING:

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(A) ALL OF THE WILDLIFE DAMAGE TO APIARIES BELIEVED TO HAVE

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OCCURRED IN THIS STATE.

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(B) THE CLAIMS FOR COMPENSATION FOR WILDLIFE DAMAGE THAT

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WERE FILED UNDER THIS PART.

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(C) THE WILDLIFE DAMAGE PREVENTION MEASURES THAT WERE RECOM-

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MENDED OR IMPLEMENTED UNDER THIS PART.

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(D) THE PERCENTAGE OF THE TOTAL NUMBER OF CLAIMS FOR COMPEN-

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SATION FOR WILDLIFE DAMAGE THAT ARE REJECTED FOR FAILURE TO MEET

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THE REQUIREMENTS OF THIS PART OR RULES PROMULGATED UNDER THIS

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PART.

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(E) THE PERCENTAGE OF THE TOTAL NUMBER OF CLAIMS FOR COMPEN-

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SATION FOR WILDLIFE DAMAGE FOR WHICH THE AMOUNT OF THE PAYMENT TO

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THE CLAIMANT WAS PRORATED UNDER SECTION 41309.

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(2) THE DEPARTMENT SHALL SUBMIT THE REPORT PREPARED UNDER

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SUBSECTION (1) BY JUNE 1 OF EACH YEAR TO THE STANDING COMMITTEES

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OF THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY RESPONSI-

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BILITY FOR LEGISLATION RELATED TO AGRICULTURE OR WILDLIFE

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CONSERVATION. THE FIRST REPORT SHALL BE SUBMITTED BY JUNE 1,

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2004. EACH REPORT SHALL COVER THE 12-MONTH PERIOD ENDING ON THE

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DECEMBER 31 THAT IMMEDIATELY PRECEDES THE DATE OF THE REPORT.

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SEC. 41323. THE DEPARTMENT SHALL ISSUE GUIDELINES UNDER

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CHAPTER 2 OF THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969

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PA 306, MCL 24.221 TO 24.228, TO ESTABLISH STANDARDS FOR TOLER-

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ABLE LEVELS OF DAMAGE CAUSED BY DEER LIVING IN THE WILD TO CROPS

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ON AGRICULTURAL LAND, INCLUDING COMMERCIAL SEEDINGS, ORCHARD

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TREES, AND NURSERY STOCK. THE DEPARTMENT SHALL USE THE STANDARDS

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IN SETTING GOALS FOR MANAGING THE DEER HERD.

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Sec. 43553. (1) Except as provided in sections 43555 and

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43556 SECTION 43555, the department shall transmit all money

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received from the sale of licenses to the state treasurer,

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together with a statement indicating the amount of money received

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and the source of the money.

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(2) The game and fish protection fund is created as a sepa-

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rate fund in the department of STATE treasury. Except as pro-

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vided in subsection (5) AND SECTION 41309, the state treasurer

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shall credit the money received from the sale of passbooks and

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licenses to the game and fish protection fund.

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(3) Except as provided in sections 43524, 43525, 43531,

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43554, and 43556 and subsection (4), money credited to the game

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and fish protection fund shall be paid out by the state treasurer

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pursuant to the accounting laws of this state for the following

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purposes:

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(a) Services rendered by the department, together with the

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expenses incurred in the enforcement and administration of the

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game, fish, and fur laws of the state, including the necessary

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equipment and apparatus incident to the operation and enforcement

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of the game, fish, and fur laws, and the protection, propagation,

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distribution, and control of game, fish, birds, fur-bearing ani-

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mals, and other wildlife. forms.

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(b) The propagation and liberation of game, fur-bearing ani-

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mals, birds, or fish and for their increase at the time, place,

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and manner as the department considers advisable.

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(c) The purchase, lease, and management of lands , together

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with the necessary AND equipment for the purpose of propagating

06724'02 13

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and rearing game, fur-bearing animals, birds, or fish, and for

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establishing and maintaining game refuges, wildlife sanctuaries,

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and public shooting and fishing grounds.

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(d) Conducting investigations and compiling and publishing

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information relative to the propagation, protection, and conser-

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vation of wildlife.

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(e) Delivering lectures, developing cooperation, and carry-

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ing on appropriate educational activities relating to the conser-

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vation of the wildlife of this state.

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(4) The department may make direct grants to colleges and

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universities in this state, out of funds appropriated from the

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game and fish protection fund, to conduct fish or wildlife

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research or both fish and wildlife research.

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(5) The youth hunting and fishing education and outreach

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fund is created as a separate fund in the department of

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treasury. The state treasurer shall credit to the youth hunting

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and fishing education and outreach fund the money received from

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the sale of small game licenses and all-species fishing licenses

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under sections 43523 and 43532, respectively, to persons who are

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12 years of age through 16 UNDER 17 years of age. Money in the

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youth hunting and fishing education and outreach fund at the

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close of the fiscal year shall remain in the fund and shall not

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lapse to the general fund.

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(6) Money credited to the youth hunting and fishing educa-

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tion and outreach fund shall be paid out by the state treasurer

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pursuant to the accounting laws of this state for hunting and

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fishing education and outreach programs for youth through 16

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UNDER 17 years of age.

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(7) The department and any other executive department of the

4
state that receives money from the game and fish protection fund

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or the youth hunting and fishing education and outreach fund

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shall submit an annual report to the legislature showing the

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amount of money received by the department or other executive

8
department from the game and fish protection fund or the youth

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hunting and fishing education and outreach fund and how that

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money was spent. An executive department required to submit a

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report as provided in this subsection shall send a copy of the

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report to the legislature and to the department.

06724'02 Final page. TMV