SENATE BILL No. 1276

 

 

September 13, 2012, Introduced by Senators CASPERSON, COLBECK, MEEKHOF, EMMONS and PAPPAGEORGE and referred to the Committee on Natural Resources, Environment and Great Lakes.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 504, 35101, 35501, 35502, 35503, and 52502

 

(MCL 324.504, 324.35101, 324.35501, 324.35502, 324.35503, and

 

324.52502), section 504 as amended by 2009 PA 47, section 35101 as

 

amended by 1996 PA 290, sections 35501, 35502, and 35503 as added

 

by 1995 PA 59, and section 52502 as added by 2004 PA 125; and to

 

repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 504. (1) The department shall promulgate rules to protect

 

and preserve lands and other property under its control from

 

depredation, damage, or destruction or wrongful or improper use or

 

occupancy.


 

     (2) Subject to subsection (4), the department shall do all of

 

the following:

 

     (a) Keep land under its control open to hunting unless the

 

department determines that the land should be closed to hunting

 

because of public safety, fish or wildlife management, or homeland

 

security concerns or as otherwise required by law.

 

     (b) Manage land under its control to support and promote

 

hunting opportunities to the extent authorized by law.

 

     (c) Manage land under its control to prevent any net decrease

 

in the acreage of such land that is open to hunting.

 

     (3) Subject to subsection (4), by April 1, 2010 and each year

 

thereafter, the department shall submit to the legislature a report

 

that includes all of the following:

 

     (a) The location and acreage of land under its control

 

previously open to hunting that the department closed to hunting

 

during the 1-year period ending the preceding March 1, together

 

with the reasons for the closure.

 

     (b) The location and acreage of land under its control

 

previously closed to hunting that the department opened to hunting

 

during the 1-year period ending the preceding March 1 to compensate

 

for land closed to hunting under subdivision (a).

 

     (4) Subsections (2) and (3) do not apply to commercial

 

forestland as defined in section 51101.

 

     (5) This section does not authorize the department to

 

promulgate a rule that applies to commercial fishing except as

 

otherwise provided by law.

 

     (6) 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.

 

     (7) The department, director, or commission shall not

 

promulgate or enforce a rule or issue or enforce an order under

 

this act that designates or classifies an area of land specifically

 

for the purpose of achieving or maintaining biological diversity,

 

as defined in section 35501, and such a rule or order is void.

 

     (8) (7) The department shall issue orders necessary to

 

implement rules promulgated under this section. These orders shall

 

be effective upon posting.

 

     (9) (8) 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. 35101. As used in this part:

 

     (a) "Natural area" means a tract of state land or water under

 

control of the department and dedicated and regulated by the

 

department pursuant to this part which may be coextensive with or

 

part of a wilderness area of wild area and that meets all of the

 

following requirements:

 

     (i) Has retained or reestablished its natural character, or has

 

unusual flora and fauna or biotic, geologic, scenic, or other

 

similar features of educational or scientific value, but it need

 

not be undisturbed.

 

     (ii) Has been identified and verified through research and


 

study by qualified observers.

 

     (iii) May be coextensive with or part of a wilderness area or

 

wild area.

 

     (b) "Wild area" means a tract of undeveloped state land or

 

water under control of the department and dedicated and regulated

 

by the department pursuant to this part which:that meets all of the

 

following requirements:

 

     (i) Is less than 3,000 acres of state land.

 

     (ii) Has outstanding opportunities for personal exploration,

 

challenge, or contact with natural features of the landscape and

 

its biological community.

 

     (iii) Possesses 1 or more of the characteristics of a wilderness

 

area.

 

     (c) "Wilderness area" means a tract of undeveloped state land

 

or water under control of the department and dedicated and

 

regulated by the department pursuant to this part which:that meets

 

all of the following requirements:

 

     (i) Has 3,000 or more acres of state land or is an island of

 

any size.

 

     (ii) Generally appears to have been affected primarily by

 

forces of nature with the imprint of the work of humans

 

substantially unnoticeable.

 

     (iii) Has outstanding opportunities for solitude or a primitive

 

and unconfined type of recreation.

 

     (iv) Contains ecological, geological, or other features of

 

scientific, scenic, or natural history value.

 

     Sec. 35501. As used in this part:


 

     (a) "Biological diversity" means the full range of variety and

 

variability within and among living organisms and the natural

 

associations in which they occur. Biological diversity includes

 

ecosystem diversity, species diversity, and genetic diversity.

 

     (b) "Committee" means the joint legislative working committee

 

on biological diversity created pursuant to section 35504.

 

     (c) "Conserve", "conserving", and "conservation" mean

 

     (b) "Conservation," unless the context implies otherwise,

 

means measures for maintaining natural biological diversity, and

 

measures for restoring natural biological diversity through

 

management efforts, in order to protect, restore, and enhance

 

retain as much of the variety of native species and communities as

 

possible in quantities and distributions that provide for the

 

continued existence and normal functioning of native species and

 

communities, including the viability of populations throughout the

 

natural geographic distributions of native species and communities. 

 

     (c) (d) "Ecosystem" means an assemblage of species, together

 

with the species' physical environment, considered as a unit.

 

     (d) (e) "Ecosystem diversity" means the distinctive

 

assemblages of species and ecological processes that occur in

 

different physical settings of the biosphere.

 

     (e) (f) "Genetic diversity" means the differences in genetic

 

composition within and among populations of a given species.

 

     (f) (g) "Habitat" means the area or type of environment in

 

which an organism or biological population normally lives or

 

occurs.

 

     (h) "Reporting department" means a state department or agency


 

that is required by the committee under this part to file 1 or more

 

reports.

 

     (g) (i) "Species diversity" means the richness and variety of

 

native species.

 

     (j) "State strategy" means the recommended state strategy

 

prepared by the committee.

 

     (k) "Sustained yield" means the achievement and maintenance in

 

perpetuity of regular periodic output of the various renewable

 

resources without impairment of the productivity of the land.

 

     Sec. 35502. The legislature finds that:

 

     (a) The earth's biological diversity is an important natural

 

resource. Decreasing biological diversity is a concern.

 

     (b) Most losses of biological diversity are unintended

 

consequences of human activity.

 

     (b) (c) Humans depend on biological resources, including

 

plants, animals, and microorganisms, for food, medicine, shelter,

 

and other important products.

 

     (c) (d) Biological diversity is valuable as a source of

 

intellectual and scientific knowledge, recreation, and aesthetic

 

pleasure.

 

     (d) (e) Conserving biological diversity has economic

 

implications.

 

     (e) (f) Reduced biological diversity may have potentially

 

serious consequences for human welfare as resources for research

 

and agricultural, medicinal, and industrial development are

 

diminished.

 

     (f) (g) Reduced biological diversity may also potentially


 

impact ecosystems and critical ecosystem processes that moderate

 

climate, govern nutrient cycles and soil conservation and

 

production, control pests and diseases, and degrade wastes and

 

pollutants.

 

     (g) (h) Reduced biological diversity may diminish the raw

 

materials available for scientific and technical advancement,

 

including the development of improved varieties of cultivated

 

plants and domesticated animals.

 

     (h) (i) Maintaining biological diversity through habitat

 

protection and management is often less costly and more effective

 

than efforts to save species once they become endangered.

 

     (i) (j) Because biological resources will be most important

 

for future needs, study by the legislature regarding maintaining

 

the diversity of living organisms in their natural habitats and the

 

costs and benefits of doing so is prudent.

 

     Sec. 35503. (1) It is the goal of this state to encourage the

 

lasting conservation of biological diversity.

 

     (2) This part does not require a state department or agency to

 

alter do any of the following:

 

     (a) Alter its regulatory functions.

 

     (b) Designate or classify an area of land specifically for the

 

purpose of achieving or maintaining biological diversity.

 

     Sec. 52502. (1) The department shall manage the state forest

 

in a manner that is consistent with principles of sustainable

 

forestry. and in doing so

 

     (2) In fulfilling the requirements of subsection (1), the

 

department shall do all of the following:


 

     (a) Manage forests with consideration of its economic, social,

 

and environmental values by doing all of the following:

 

     (i) Broaden the implementation of sustainable forestry by

 

employing an array of economically, environmentally, and socially

 

sound practices in the conservation of forests, using the best

 

scientific information available.

 

     (ii) Promote the efficient utilization of forest resources.

 

     (iii) Broaden the practice of sustainable forestry by

 

cooperating with forestland owners, wood producers, and consulting

 

foresters.

 

     (iv) Plan and manage plantations in accordance with sustainable

 

forestry principles and in a manner that complements the management

 

of and promotes the restoration and conservation of natural

 

forests.

 

     (b) Conserve and protect forestland by doing all of the

 

following:

 

     (i) Ensure long-term forest productivity and conservation of

 

forest resources through prompt reforestation, soil conservation,

 

afforestation, and other measures.

 

     (ii) Protect the water quality in streams, lakes, and other

 

waterbodies water bodies in a manner consistent with the

 

department's best management practices for water quality.

 

     (iii) Manage Subject to section 504(7), manage the quality and

 

distribution of wildlife habitats and contribute to the

 

conservation of biological diversity by developing and implementing

 

stand and landscape-level consider measures that promote habitat

 

diversity and the conservation of forest plants and animals


 

including aquatic flora and fauna and unique ecosystems.while

 

balancing economic values.

 

     (iv) Protect forests from wildfire, pests, diseases, and other

 

damaging agents.

 

     (v) Manage areas of ecologic, geologic, cultural, or historic

 

significance in a manner that recognizes their special qualities.

 

     (vi) Manage activities in high conservation value forests by

 

maintaining or enhancing the attributes that define such forests

 

while balancing economic values.

 

     (c) Communicate to the public by doing all of the following:

 

     (i) Publicly report the department's progress in fulfilling its

 

commitment to sustainable forestry.

 

     (ii) Provide opportunities for persons to participate in the

 

commitment to sustainable forestry.

 

     (iii) Prepare, implement, and keep current a management plan

 

that clearly states the long-term objectives of management and the

 

means of achieving those objectives.

 

     (d) Monitor forest management by promoting Promote continual

 

improvement in the practice of sustainable forestry and monitoring,

 

measuring, and reporting monitor, measure, and report performance

 

in achieving the commitment to sustainable forestry.

 

     (e) Consider the local community surrounding state forestland

 

by doing both of the following:

 

     (i) Require that forest management plans and operations comply

 

with applicable federal and state laws.

 

     (ii) Require that forest management operations maintain or

 

enhance the long-term social and economic well-being of forest


 

workers and local communities.

 

     Enacting section 1. Sections 35504 to 35506 of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.35504 to 324.35506, are repealed.