December 1, 2007, Introduced by Reps. Opsommer, Horn, Meekhof, Hildenbrand, Rick Jones, Rocca, Meltzer and Emmons and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 504 and 43509 (MCL 324.504 and 324.43509),
section 504 as amended by 2004 PA 130 and section 43509 as amended
by 1996 PA 585.
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 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) The department shall keep land under its control open to
hunting regardless of whether there is adequate staff or funding to
manage that land.
(3) (2)
This section does not allow authorize the department
to promulgate a rule that applies to commercial fishing except as
otherwise provided by law.
(4) (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.
(5) (4)
The department shall issue orders
necessary to
implement rules promulgated under this section. These orders shall
be effective upon posting.
(6) (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.
Sec.
43509. (1) A Except as otherwise
provided in this
section, a person 17 years of age or older shall not take aquatic
species, except aquatic insects, in or upon any waters over which
this state has jurisdiction or in or upon any lands within the
state, or possess aquatic species, except aquatic insects, without
having in his or her possession a valid license as provided in this
part.
(2)
A Except as otherwise
provided in this section, a person
shall not hunt, trap, or possess a wild animal without having in
his or her possession a valid license as provided in this part.
(3) If, because of a state government shutdown, an individual
is not able to purchase a hunting, fur harvester's, or fishing
license, that individual may hunt, trap, or fish during that state
government shutdown and for 1 day following that shutdown without
purchasing a license. This subsection does not apply to any license
for which a lottery is required.
(4) An individual who hunts, traps, or fishes during a state
government shutdown pursuant to subsection (3) has the same
privileges and is subject to the same rules and regulations as the
holder of a valid license under this part.
(5) The department shall notify the public of a government
shutdown in at least 1 newspaper in each county in this state.
(6) As used in this section, "state government shutdown" means
any of the following:
(a) A circumstance where, by order of the governor or by
operation of law, a complete or partial suspension or cessation of
state government occurs.
(b) An electricity outage occurs that lasts at least 24 hours
and affects more than 49% of the population of this state.
(c) A shutdown of the state's computer system occurs that
lasts at least 24 hours and affects more than 49% of the population
of this state.