HB-4597, As Passed House, May 3, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4597

(As amended May 3, 2007)

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 504 (MCL 324.504), as amended by 2004 PA 130.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 504. (1) The department shall promulgate rules for the

protection of the to protect and preserve lands and other property

under its control against wrongful use or occupancy as will ensure

the carrying out of the intent of this part to protect the lands

and property from depredations and to preserve the lands and

property from molestation, spoilation, destruction, or any other

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 the

House Bill No. 4597 (H-1) as amended May 3, 2007

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

in the acreage of such land that is open to hunting.

     (3) [Subject to subsection (4),] By April 1, 2008 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 (2) and (3) do not apply to commercial forestland as defined in section 51101.

(5)] (2) This section does not allow authorize the department

to promulgate a rule that applies to commercial fishing except as

otherwise provided by law.

[(6)] (3) 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)] (4) The department shall issue orders necessary to

House Bill No. 4597 (H-1) as amended May 3, 2007

implement rules promulgated under this section. These orders shall

be effective upon posting.

[(8)] (5) 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.