HB-5226, As Passed House, June 5, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5226

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 40114 (MCL 324.40114), as amended by 2012 PA

65.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

individual who is unable to walk because the individual is a

paraplegic or an amputee or because of a disease or injury that has

rendered the individual permanently disabled. A permit issued under

this subsection authorizes the individual to take game during the

open season for that game, including deer of either sex, from or

upon a standing vehicle if that individual holds a license to take

that game issued under part 435 and complies with all other laws

and rules for the taking of game.

(2) The department may issue a permit to 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 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 individual holds a license to take that game issued 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.

(iii) Except during an open season for bear, bear may be taken

under this subdivision if the department determines that bear 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 4 days after receiving

the request, respond to a request and evaluate whether a permit

should be issued. The department may, within 10 days after

responding to a request for a permit, attempt or recommend that the

applicant attempt other methods for controlling or preventing

damage caused by bear, if the applicant is not required to pay for

those methods. Within 10 days after responding to a request for a

permit, the department shall grant or deny the request in writing.

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

the applicant on other techniques for controlling or preventing

damage caused by bear. A permittee under a bear damage shooting

permit may allow only an individual with a bear hunting license

issued under section 43528 for that bear management unit and

calendar year to implement the provisions of this subdivision. If

an individual takes a bear under this subdivision, that individual

shall not take another bear under a bear hunting license issued

under section 43528 during that calendar year. An individual

implementing this section is subject to the rules and regulations

for a bear hunting license issued under section 43528 except that

individuals shall not use bait to take a bear under this

subdivision. Except as otherwise provided in this subdivision, the

department shall not allow more than 5% of the bear hunting

licenses issued for a bear management unit to be used to implement

the provisions of this subdivision. In a bear management unit that

offers fewer than 20 licenses, the department may allow 1 of those

bear hunting licenses to be used to implement the provisions of

this section. If an individual takes a bear under this subdivision,

that individual shall register that bear at a field office of the

department within 72 hours of taking the bear.

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 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,

House Bill No. 5226 (H-2) as amended June 5, 2014

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.

(7) Within 3 years after the effective date of the amendatory

act that added subsection (4)(b)(iii), the department shall issue a

report in electronic form to each member of the legislature that

includes all of the following:

(a) The number of bear damage shooting permits issued under

subsection (4)(b)(iii).

(b) The number of bears taken under subsection (4)(b)(iii).

shooting permits under subsection (4)(b)(iii).

[Enacting section 1. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.]