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.