SB-0685, As Passed Senate, March 20, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 685

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 40114 (MCL 324.40114), as amended by 2010 PA

87.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 40114. (1) The department may issue a permit to a person

an individual who is unable to walk because the person individual

is a paraplegic or an amputee or because of a disease or injury

that has rendered the person individual permanently disabled. A

permit issued under this subsection authorizes the person

individual to take game during the open season for that game,

including deer of either sex, from or upon a standing vehicle if

that person individual holds a license to take that game issued

pursuant to under part 435 and complies with all other laws and

rules for the taking of game.

     (2) The department may issue a permit to a person an

individual who is permanently disabled, who has full use of only 1

arm, and who upon investigation is unable to hold, aim, and shoot a

bow. A permit issued under this subsection authorizes the person

individual to take game during the open season for that game with a

bow that has been modified so that the bow may be held, aimed, and

shot with 1 arm, if that person individual holds a license to take

that game issued pursuant to under part 435 and complies with all

other laws and rules for the taking of game.

     (3) The commission may issue an order under section 40113a

regulating the taking of game with a modified bow that may be shot

with 1 arm. Subsection (2) does not apply on or after the effective

date of such an order.

     (4) In addition, the department may issue permits authorizing

1 or more of the following:

     (a) The taking or possession of animals for the purpose of

rehabilitating animals.

     (b) The taking of animals to prevent or control damage and

nuisance caused by the animals . subject to the following:

     (i) Except during an open season for deer, deer may be taken

under this subdivision if the department determines that deer have

caused damage to emerging, standing, or harvested crops or to feed

properly stored in accordance with normal agricultural practices.

If the department receives a request for a permit issued under this

subdivision, the department shall, within 5 business days after

receiving the request, determine whether a permit should be issued.

If the department determines that a permit should not be issued

under this subdivision, the department shall deny the request in

writing within 10 business days after receiving the request. In

denying the request for a permit, the department shall advise the

applicant on other techniques for controlling or preventing damage

caused by deer.

     (ii) A permittee under a deer damage shooting permit may

designate not more than 15 authorized shooters to implement the

provisions of the permit unless the department authorizes

otherwise.

     (c) The collection, transportation, possession, or disposition

of animals and parts of animals for scientific purposes.

     (d) The public exhibition of animals.

     (e) Taxidermy.

     (f) The disposition of accidentally or unlawfully taken or

injured animals or animals that are unlawfully possessed.

     (g) The taking of game with a crossbow by a person an

individual who is permanently or temporarily disabled.

     (h) The taking or possession of raptors for the purposes of

falconry.

     (5) A permit issued under this section may be suspended,

revoked, annulled, withdrawn, recalled, canceled, or amended

pursuant to the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328. If the holder of a permit is convicted of

violating the permit or this section, his or her permit or license

may be revoked and any animal and the parts of any animal in his or

her possession shall be disposed of in a manner approved by the

department.

     (6) Fees received for permits and licenses issued under this

section shall be forwarded by the department to the state treasurer

to be credited to the game and fish protection account of the

Michigan conservation and recreation legacy fund provided for in

section 2010.