SB-1084, As Passed House, December 2, 2008

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 1084

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to authorize the removal, capture, or lethal control of

 

a gray wolf that is preying upon a dog under certain circumstances;

 

to provide for penalties; and to promulgate rules.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Department" means the department of natural resources.

 

     (b) "Dog" includes a domesticated dog and a dog used for

 

hunting.

 

     Sec. 3. (1) The owner of a dog or his or her designated agent

 

may remove, capture, or, if deemed necessary, use lethal means to

 

destroy a gray wolf that is in the act of preying upon the owner's

 

dog.

 

     (2) The owner of the dog or his or her designated agent shall

 


report the taking of a gray wolf to a department official as soon

 

as practicable, but not later than 12 hours after the taking. A

 

person who violates this subsection is guilty of a misdemeanor

 

punishable by imprisonment for not more than 90 days or a fine of

 

not less than $100.00 or more than $1,000.00, or both, and the

 

costs of prosecution.

 

     (3) Except as otherwise provided in subsection (4), the owner

 

of the dog or his or her designated agent shall retain possession

 

of a gray wolf taken until a department official is available to

 

take possession of and transfer the gray wolf to the appropriate

 

department personnel for examination. A person who violates this

 

subsection is guilty of a misdemeanor punishable by imprisonment

 

for not more than 90 days or a fine of not less than $100.00 or

 

more than $1,000.00, or both, and the costs of prosecution.

 

     (4) If lethal means are used to destroy a gray wolf, a person

 

shall not move or disturb the deceased gray wolf until a department

 

official is available to take possession of and transfer the gray

 

wolf to the appropriate department personnel for examination or

 

until as otherwise directed by a department official. A person

 

shall not disturb the area where lethal means were used to destroy

 

a gray wolf until after an official investigation by the department

 

is complete. If a dog is physically attacked or killed, a person

 

who uses lethal means to destroy a gray wolf shall produce the dog

 

that was attacked for inspection by department officials. A person

 

who violates this subsection is guilty of a misdemeanor punishable

 

by imprisonment for not more than 90 days or a fine of not less

 

than $100.00 or more than $1,000.00, or both, and the costs of

 


prosecution.

 

     (5) A department official shall respond to the scene where

 

lethal means were used to destroy a gray wolf not later than 12

 

hours after the department official is notified under subsection

 

(2).

 

     (6) The owner of the dog or his or her designated agent may

 

report the taking of a gray wolf by utilizing the department's

 

report all poaching hotline at 1-800-292-7800.

 

     Sec. 5. The department may promulgate rules to implement this

 

act pursuant to the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.201 to 24.328.

 

     Sec. 7. (1) Sections 1 to 5 shall not be operational and

 

enforceable until 1 of the following occurs:

 

     (a) A final appellate court issues a decision overruling the

 

decision of the United States district court for the District of

 

Columbia in The Humane Society of the United States v Dirk

 

Kempthorne, civil action no. 07-0677 (D.C.C. September 29, 2008),

 

and permits the final rule of the United States fish and wildlife

 

service in 72 FR p. 6052 (February 8, 2007) removing gray wolves

 

located in this state from the list of endangered and threatened

 

wildlife established under the federal endangered species act of

 

1973 to take effect.

 

     (b) The United States fish and wildlife service promulgates a

 

final rule dated after March 12, 2007 that removes gray wolves

 

located in this state from the list of endangered and threatened

 

wildlife established under the federal endangered species act of

 

1973 and that final rule takes effect.

 


     (2) Upon sections 1 to 5 becoming operational and enforceable

 

pursuant to subsection (1), the department shall post a notice on

 

the department's website that includes all of the following:

 

     (a) The date sections 1 to 5 are operational and enforceable

 

pursuant to subsection (1).

 

     (b) A summary of the provisions of sections 1 to 5.

 

     Enacting section 1. If any federal or state litigation

 

overturns the decision to remove gray wolves from the list of

 

endangered species, the Michigan department of natural resources

 

shall report the impact of that litigation on this act to the

 

standing committees of the legislature with jurisdiction over

 

issues primarily dealing with natural resources and the

 

environment.