March 24, 2011, Introduced by Reps. McBroom, Tyler, Huuki, Horn, Crawford, McMillin, Opsommer and Shirkey and referred to the Committee on Agriculture.
A bill to amend 2000 PA 190, entitled
"Privately owned cervidae producers marketing act,"
by amending sections 2, 3, 4, 5, 6, 7, and 10 (MCL 287.952,
287.953, 287.954, 287.955, 287.956, 287.957, and 287.960), as
amended by 2006 PA 561.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Business plan" means a written document of intent that a
person submits to the department that defines the methods,
protocols, or procedures that the person intends on implementing to
be in compliance with this act.
(b) "Biosecurity" means measures, actions, or precautions
taken to prevent the transmission of disease in, among, or between
free-ranging and privately owned cervidae species.
(c) "Cervidae livestock facility" means a privately owned
cervidae livestock operation on privately controlled lands capable
of holding cervidae species. For purposes of this subdivision, each
separate enclosure on a separate parcel of land is a separate
cervidae livestock facility.
(d) "Cervidae livestock operation" means an operation that
contains 1 or more privately owned cervidae species involving the
producing, growing, propagating, using, harvesting, transporting,
exporting, importing, or marketing of cervidae species or cervidae
products under an appropriate registration.
(e) "Cervidae products" means any products, co-products, or
by-products of cervidae, including antler, antler velvet, meat, or
any other part of the animal.
(f) "Cervidae species" means members of the cervidae family
including, but not limited to, deer, elk, moose, reindeer, and
caribou.
(g)
"Department" means the Michigan department of natural
resources
agriculture and rural
development.
(h)
"Director" means the director of the Michigan department
of
natural resources or his or her
designee.
(i) "Farm" or "farm operation" means those terms as defined in
the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(j) "Flush" or "flushed" means to move or chase from a
cervidae livestock facility.
(k)
"Identify" "Identification"
means any documentable system
or process that allows a person to recognize as separate or
different an individual animal.
(l) "Law enforcement officer" means a person appointed by the
state or a local governmental unit who is responsible for the
enforcement of the criminal laws of this state.
(m) "Owner" means the person who owns or is responsible for a
cervidae livestock operation.
(n) "Person" means an individual, corporation, limited
liability corporation, partnership, association, joint venture, or
other legal entity.
(o) "Release" means to cause or allow an animal to become
located outside the perimeter fence of a cervidae livestock
facility not under the direct control of the owner.
Sec.
3. (1) The department shall administer this act . The in
consultation
with the departments of agriculture natural resources
and
environmental quality. shall provide consultation.
(2)
The department of agriculture may conduct activities
designed
to develop and assist the cervidae
industry in the manner
provided for by law.
Sec. 4. (1) A cervidae livestock operation is an agricultural
enterprise and is considered to be part of the farming and
agricultural
industry of this state. The director of the department
of
agriculture shall assure that
cervidae livestock operations are
afforded all rights, privileges, opportunities, and
responsibilities of other agricultural enterprises.
(2) Cervidae livestock operations are a form of agriculture.
Cervidae livestock facilities and their equipment are considered to
be agricultural facilities and equipment. Uses related to the
farming of cervidae are considered agricultural uses.
(3) Cervidae products and cervidae species lawfully produced,
purchased, possessed, or acquired from within this state or
imported into this state are the exclusive and private property of
the owner.
(4) An owner harvesting privately owned cervidae species from
a registered cervidae livestock facility is exempt from possession
limits and closed seasons involving cervidae imposed in parts 401,
411, and 427 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.40101 to 324.40120, 324.41101 to
324.41105, and 324.42701 to 324.42714. This act does not give a
cervidae livestock operation authority to take free-ranging animals
in violation of the natural resources and environmental protection
act,
1994 PA 451, MCL 324.101 to 324.90106.
, unless under a permit
issued
by the department.
(5) Any movement, importing, or exporting of cervidae species
or cervidae products shall be in compliance with the animal
industry
act, 1988 PA 466, MCL 287.701 to 287.745 287.746.
Sec. 5. (1) A person shall not possess cervidae or engage in a
cervidae livestock operation unless he or she obtains from the
department a cervidae livestock facility registration or unless
otherwise exempt by rule or law. If the activity in which the
cervidae
livestock facility is engaged is required to be regulated
under
any other act law, registration under this act does not
exempt the person or cervidae livestock facility from requirements
imposed
under any local, state, or federal regulation that law.
Zoos accredited under the American zoological association or other
accreditations or standards determined appropriate by and
acceptable to the department are exempt from this act.
(2) A person registered under this act shall keep and maintain
records
of production, purchases, or imports in order to establish
proof of ownership and shall keep any other records required under
standards incorporated by reference under section 6. A person
transporting cervidae species shall produce documentation that
contains the origin of shipment, registration or permit copies or
documentation, documentation demonstrating shipping destination,
and any other proof that may be required under the animal industry
act,
1988 PA 466, MCL 287.701 to 287.745 287.746, upon demand of
the director or a law enforcement officer.
(3)
Until July 1, 2008, a cervidae livestock facility
registered
prior to the effective date of the amendatory act that
added
this subsection must comply with the facility standards
contained
in "Operational Standards for Registered Privately Owned
Cervid
Facilities", published by the Michigan department of
agriculture,
(May 2000). A cervidae livestock
facility in existence
on
or before the effective date of the amendatory act that added
this
subsection shall be in
compliance comply with the facility
standards, by
July 1, 2008, which are contained in "Operational
Standards for Registered Privately Owned Cervidae Facilities"
published
by the Michigan department of natural resources, (revised
December
2005), adopted by the Michigan commission of agriculture
on January 9, 2006, and adopted by the natural resources commission
on January 12, 2006, and are incorporated by reference.
Sec. 6. (1) The initial application to construct a cervidae
livestock facility shall be accompanied by the application fee
described
in section 8. The Within
60 days after its receipt of an
administratively completed application, the department shall
approve,
deny, or propose a modification to the completed
application. within
60 days. The department shall utilize the
standards contained in "Operational Standards for Registered
Privately
Owned Cervidae Facilities", published by the Michigan
department of natural resources, (revised December 2005), adopted
by
the Michigan commission of agriculture on January 9, 2006, and
adopted by the natural resources commission on January 12, 2006,
and incorporated by reference, to evaluate the issuance,
construction, maintenance, administration, and renewal of a
registration issued under this act. The department after
consultation
with the department of agriculture natural resources
and
with concurrence of the commissions of natural resources and
commission of agriculture and rural development and the natural
resources
commission may ,
by amendment of this act, amend or
recommend to the legislature changes to this act to update the
standards adopted in this subsection. An initial application is
valid for 3 years after the date it is received by the department,
after which time another initial application must be completed and
submitted to the department. Before issuing any registration under
this act, the director shall verify, through written confirmation,
both of the following:
(a) The department has approved the method used to flush any
free-ranging cervidae species from the facility, if applicable, and
all free-ranging cervidae species have actually been flushed.
(b) The department has determined that the size and location
of the facility will not place unreasonable stress on wildlife
habitat or migration corridors.
(2) As part of the initial application or the application to
modify a cervidae livestock facility, the applicant for
registration shall submit a business plan complying with the
standards established under this section that includes all of the
following:
(a) The complete address of the proposed cervidae livestock
facility and the size of, the location of, and a legal description
of the lands on which the cervidae livestock operation will be
conducted.
(b) The number of each cervidae species included in the
proposed facility.
(c) Biosecurity measures to be utilized, including, but not
limited to, methods of fencing and appropriate animal
identification.
(d) The proposed method of flushing wild cervidae species from
the enclosure, if applicable.
(e) A record-keeping system in compliance with this act and
the operational standards incorporated by reference in subsection
(1).
(f) The method of verification that all free-ranging cervidae
species have been removed.
(g) The current zoning of the property proposed as a cervidae
livestock
facility, and whether the local unit or units of
government within which the cervidae livestock facility will be
located has an ordinance regarding fences, and whether the proposed
facility would be in violation of that ordinance. If a variance
from an ordinance has been granted or is being considered, this
information shall be included in the application.
(h) A disease herd plan in compliance with the operational
standards incorporated by reference in subsection (1) to be
approved by the state veterinarian under the animal industry act,
1988
PA 466, MCL 287.701 to 287.745 287.746.
(i) Any other information considered necessary by the
department.
(3) Upon receipt of an application, the director shall forward
1
copy each to the departments of agriculture natural resources and
environmental quality. Upon receipt of an application, the
department shall send a written notice to the local unit or units
of government within which the proposed cervidae livestock facility
will be located unless the department determines, from information
provided in the application, that the local unit of government has
a zoning ordinance under which the land is zoned agricultural. The
local unit or units of government may respond, within 30 days of
receipt of the written notice, indicating whether the applicant's
cervidae
livestock facility would be in violation of any a
currently existing ordinance. If the proposed facility would be in
violation of an ordinance, the applicant shall obtain a variance
from the local unit of government within 60 days after the
application is submitted. Failure to obtain a variance as required
by this subsection voids the application.
(4) The department shall not issue an initial cervidae
livestock facility registration or modification unless the
application demonstrates all of the following:
(a) The cervidae livestock facility has been inspected by the
director and he or she has determined that the cervidae livestock
facility meets the standards and requirements prescribed by and
adopted under this act, complies with the business plan submitted
to the department, and determines that there are barriers in place
to prevent the escape of cervidae species and prevent the entry of
wild
cervidae species. A renewal or initial applicant must provide
shall agree to maintain a perimeter fence in compliance with the
operational standards incorporated by reference under subsection
(1).
(b) The method for individual animal identification complies
with the standards incorporated by reference under this section.
(c) The applicant has obtained all necessary permits that are
required under part 31 regarding water resources protection, part
301 regarding inland lakes and streams, and part 303 regarding
wetland protection of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.3101 to 324.3133, 324.30101 to
324.30113,
and 324.30301 to 324.30323 324.30329, and any other
permits
or authorizations that may be otherwise
required by law.
(5)
Beginning the effective date of the amendatory act that
added
this subsection, the The department shall issue or deny an
initial registration or modification registration allowing an
expansion of an existing facility not later than 120 days after the
applicant files a completed application. Renewal applications shall
be issued or denied not later than 60 days after the applicant
files
a completed application. Receipt of the The application is
considered to be filed on the date the application is received by
the department. If the application is considered incomplete by the
department, the department shall notify the applicant in writing,
or make the information electronically available, within 30 days
after receipt of the incomplete application, describing the
deficiency and requesting the additional information. The
determination of the completeness of an application does not
operate as an approval of the application for the registration and
does not confer eligibility upon an applicant determined otherwise
ineligible for issuance of a registration. The 120-day period is
tolled under any of the following circumstances:
(a)
Notice If notice is sent by the department of a deficiency
in the application, until the date all of the requested information
is received by the department.
(b)
The During the time period during which required actions
are
completed that include including, but are not limited to,
completion of construction or renovation of the facility; mandated
reinspections if by the department; other inspections if required
by any state, local, or federal agency; approval by the legislative
body of a local unit of government; or other actions mandated by
this act or as otherwise mandated by law or local ordinance.
(6) If the department fails to issue or deny a registration
within
the time required by this subsection section, the department
shall return the registration fee and shall reduce the registration
fee for the applicant's next renewal application, if any, by 15%.
The failure to issue a registration within the time required under
this section does not allow the department to otherwise delay the
processing of the application, and that application, upon
completion, shall be placed in sequence with other completed
applications received at that same time. The department shall not
discriminate against an applicant in the processing of the
application based upon the fact that the registration fee was
refunded or discounted under this subsection.
(7) Upon receipt of a denial under this section and without
filing a second application, the applicant may request in writing
and, if requested, the department shall provide an informal review
of the application. The review shall include the applicant, the
department,
and the departments of agriculture natural resources
and environmental quality, if applicable. After the informal
review, if the director determines that the proposed cervidae
livestock facility or cervidae livestock operation complies with
the requirements of this act, the director shall issue a
registration within 30 days after the applicant notifies the
department of completion of the facility. After the informal
review, if the director determines that the proposed cervidae
livestock facility or cervidae livestock operation does not comply
with the requirements of this act, the director shall affirm the
denial of the application in writing and specify the deficiencies
needed to be addressed or corrected in order for a registration to
be issued. The applicant may waive the informal review of the
application.
(8)
As used in this subsection section, "completed
application" means an application complete on its face and
submitted with any applicable registration fees as well as any
other information, records, approval, security, or similar item
required by law or rule from a local unit of government, a federal
agency, or a private entity but not from another department or
agency of the state of Michigan.
Sec. 7. (1) At the time the construction of the cervidae
livestock facility is completed, the applicant shall notify the
department in writing. That written notice shall certify that, to
the best of the applicant's knowledge, the cervidae livestock
facility has been constructed in compliance with the requirements
of this act and in compliance with the standards for cervidae
livestock facilities. Within 30 days after notification of the
completion of the cervidae livestock facility, the director shall
inspect the cervidae livestock facility. If the director determines
that the proposed cervidae livestock facility conforms to standards
prescribed
by and adopted under this act, the director shall issue
a registration within 30 days after completion of an inspection
finding that the cervidae livestock facility conforms to this act.
The time periods described in this subsection may be extended by
the department only if the department is unable to verify the
removal of wild cervidae species, for an act of God, or in
accordance with section 6(5)(a) or (b).
(2) If the director determines that a proposed cervidae
livestock facility does not comply with the requirements of this
act, the director shall deny the application for registration. The
department shall notify in writing an applicant of the reasons for
a registration denial within 60 days after receipt of the completed
application. The notice shall specify in writing the deficiencies
to be corrected in order for a registration to be issued.
(3) Without filing a second application under this section, an
applicant may request a second inspection after the specified
deficiencies have been corrected. The department is not required to
make more than 2 preregistration inspections of the same proposed
cervidae livestock facility per application.
(4) Upon receipt of a second denial under this section and
without filing a second application, the applicant may request in
writing and, if requested, the department shall provide an informal
review of the application. The review shall include the applicant,
the
department, and the departments of agriculture natural
resources and environmental quality, if applicable. After the
informal review, if the director determines that the proposed
cervidae livestock facility complies with the requirements of this
act, the director shall issue a registration within 30 days after
the informal review. After the informal review, if the director
determines that the proposed facility does not comply with the
requirements of this act, the director shall affirm the denial of
the application in writing and specify the deficiencies needed to
be addressed or corrected in order for a registration to be issued.
The applicant may waive the informal review of the application.
(5) The applicant may request a hearing pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, on a denial of a registration or upon any limitations
placed upon the issuance of a registration.
(6) The department shall not return a registration fee or a
portion of a registration fee to an applicant if a registration is
denied.
Sec. 10. The director shall enter into a memorandum of
understanding
with the department of agriculture natural resources
for approving disease herd plans and determining compliance by
persons engaged in cervidae livestock operations, applicants, and
registered cervidae livestock facilities with this act and
investigation of violations of this act.