SENATE BILL No. 27

 

 

January 19, 2011, Introduced by Senator HANSEN 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, 6, 7, and 10 (MCL 287.952, 287.953,

 

287.954, 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.

 

     (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 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.

 

     (h) "Director" means the director of the Michigan department

 

of natural resources agriculture 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" 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

 

departments department of agriculture natural resources and

 

environmental quality environment 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. 6. (1) The initial application to construct a cervidae

 

livestock facility shall be accompanied by the application fee

 

described in section 8. 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 environment and with concurrence

 

of the commissions of natural resources commission and commission

 

of agriculture may, by amendment of this act, amend or update the

 

standards adopted in this subsection. 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.

 

     (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 department of agriculture natural

 

resources and environmental quality environment. 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 ordinance.

 

     (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

 

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 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 required by law.

 

     (5) Beginning the effective date of the amendatory act that

 

added this subsection December 29, 2006, the department shall issue

 

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 not later than 60 days after the applicant files a

 

completed application. Receipt of the application is considered 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 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 time period during which required actions are

 

completed that include, 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, 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 department of agriculture natural

 

resources and environmental quality environment, 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, "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 department of agriculture

 

natural resources and environmental quality environment, 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

 

and environment 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.