HUNTING & FISHING RIGHTS S.B. 440 (S-1)-443: FLOOR ANALYSIS




Senate Bill 440 (Substitute S-1 as reported)
Senate Bill 441 (Substitute S-1 as reported)
Senate Bill 442 (Substitute S-1 as reported)
Senate Bill 443 (as reported without amendment)
Sponsor: Senator Patricia L. Birkholz (S.B. 440) Senator Randy Richardville (S.B. 441) Senator Gerald Van Woerkom (S.B. 442) Senator Bruce Patterson (S.B. 443)
Committee: Natural Resources and Environmental Affairs

CONTENT
Senate Bill 440 (S-1) would amend Part 5 (Department of Natural Resources) of the Natural Resources and Environmental Act, which provides for the creation of the Natural Resources Commission within the Department of Natural Resources (DNR). Part 5 allows the Commission to establish for the guidance of the DNR Director general policies related to natural resources management and environmental protection. Under the bill, the general policies would include policies to protect and promote the exercise of the people's right to lawfully hunt, trap, and fish and harvest game and fish that are the property of the State.


Senate Bill 441 (S-1) would amend Part 5 to include among the DNR's duties the protection and promotion of the exercise of the people's right to lawfully hunt, trap, and fish and to harvest game and fish that are the property of the State.


Senate Bill 442 (S-1) would amend Part 401 (Wildlife Conservation) to require the DNR, in furtherance of Article IV, Section 52 of the State Constitution, to protect and promote the people's right to lawfully hunt, trap, and harvest game that is the property of the people of the State.

(Article IV, Section 52 provides that the conservation and development of the State's natural resources are of paramount public concern in the interest of the health, safety, and general welfare of the people, and requires the Legislature to provide for the protection of the air, water, and other natural resources from pollution, impairment, and destruction.)


Under Part 401, all animals found in Michigan, whether resident or migratory and whether native or introduced, are the property of the people of the State. The taking of all animals must be regulated by the DNR as provided by law. The bill would require the taking of animals to be regulated by the DNR or the Natural Resources Commission.


Senate Bill 443 would amend Part 487 (Sport Fishing) to require the DNR, in furtherance of Article IV, Section 52 of the State Constitution, to protect and promote the people's right to lawfully fish and harvest fish that are the property of the State.


Under Part 487, except as otherwise provided, all fish, reptiles, amphibians, mollusks, and crustaceans found in Michigan are the property of the State and may be taken only at times and in a manner as provided in Part 487. The bill would refer to "wild" fish, reptiles, etc.




Under the bill, they could be taken only at times and in a manner as provided in Parts 487, 435 (Hunting and Fishing Licensing), and 473 (Commercial Fishing).


MCL 324.501 (S.B. 440) Legislative Analyst: Julie Cassidy 324.503 (S.B. 441) 324.40105 (S.B. 442) 324.48702 (S.B. 443)
FISCAL IMPACT

The bills would have no fiscal impact on State or local government.


Date Completed: 5-4-07 Fiscal Analyst: Jessica Runnels

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb440-443/0708