May 6, 2014, Introduced by Senators CASPERSON, PAVLOV, ROBERTSON, BOOHER, GREEN, MARLEAU, JONES, NOFS and PROOS and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 40102 and 40112 (MCL 324.40102 and 324.40112),
section 40102 as amended by 2007 PA 48 and section 40112 as amended
by 1996 PA 316.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40102. (1) "Aerial drone" means an unmanned vehicle or
device that uses aerodynamic forces to achieve flight.
(2)
(1) "Animals" means wild birds and wild
mammals.
(3) (2)
"Bag limit" means the
number of animals that may be
taken and possessed as determined by the department.
(4) (3)
"Bow" means a device for
propelling an arrow from a
string drawn, held, and released by hand where the force used to
hold the string in the drawn position is provided by the archer's
muscles.
(5) (4)
"Buy" or "sell"
means an exchange or attempt or offer
to exchange for money, barter, or anything of value.
(6) (5)
"Chase" means to follow
animals with dogs or other
wild or domestic animals trained for that purpose.
(7) (6)
"Cormorant damage" means
adverse impacts of double-
crested cormorants on fish, fish hatchery stock, wildlife, plants,
and their habitats and on man-made structures.
(8) (7)
"Cormorant depredation
order" means the depredation
order for double-crested cormorants to protect public resources, 50
CFR 21.48, issued by the United States department of the interior,
fish and wildlife service.
(9) (8)
"Crossbow" means a weapon
consisting of a bow mounted
transversely on a stock or frame and designed to fire an arrow,
bolt, or quarrel by the release of a bow string that is controlled
by a mechanical or electric trigger and has a working safety and a
draw weight of 100 pounds or greater.
(10) (9)
"Deer or elk feeding"
means the depositing,
distributing, or tending of feed in an area frequented by wild,
free-ranging white-tailed deer or elk. Deer or elk feeding does not
include any of the following:
(a) Feeding wild birds or other wildlife if done in such a
manner as to exclude wild, free-ranging white-tailed deer and elk
from gaining access to the feed.
(b) The scattering of feed solely as the result of normal
logging practices or normal agricultural practices.
(c) The storage or use of feed for agricultural purposes if 1
or more of the following apply:
(i) The area is occupied by livestock actively consuming the
feed on a daily basis.
(ii) The feed is covered to deter wild, free-ranging white-
tailed deer or elk from gaining access to the feed.
(iii) The feed is in a storage facility that is consistent with
normal agricultural practices.
(d) Baiting to take game as provided by an order of the
commission under section 40113a.
(11) (10)
"Disability" means a
determinable physical
characteristic of an individual that may result from disease,
injury, congenital condition of birth, or functional disorder.
(12) (11)
"Feed" means a substance
composed of grain, mineral,
salt, fruit, vegetable, hay, or any other food material or
combination of these materials, whether natural or manufactured,
that may attract white-tailed deer or elk. Feed does not include
any of the following:
(a) Plantings for wildlife.
(b) Standing farm crops under normal agricultural practices.
(c) Agricultural commodities scattered solely as the result of
normal agricultural practices.
(13) (12)
"Firearm" means a weapon
from which a dangerous
projectile may be propelled by using explosives, gas, or air.
Firearm does not include a smooth bore rifle or handgun designed
and
manufactured exclusively for propelling BB's BBs not
exceeding
.177 caliber by means of a spring, air, or gas.
Sec.
40112. (1) A person An
individual shall not obstruct or
interfere in the lawful taking of animals by another
person.individual.
(2)
A person An individual violates this section when the
person
individual intentionally or knowingly does any of the
following:
(a) Drives or disturbs animals for the purpose of disrupting a
lawful taking.
(b)
Blocks, impedes, or harasses another person individual who
is engaged in the process of lawfully taking an animal.
(c) Uses a natural or artificial visual, aural, olfactory,
gustatory, or physical stimulus to affect animal behavior in order
to hinder or prevent the lawful taking of an animal.
(d) Erects barriers to deny ingress or egress to areas where
the lawful taking of animals may occur. This subdivision does not
apply
to a person an individual who erects barriers to prevent
trespassing on his or her property.
(e)
Interjects himself or herself into the line of fire of a
person
an individual lawfully taking wildlife.
(f) Affects the condition or placement of personal or public
property intended for use in the lawful taking of an animal in
order to impair the usefulness of the property or prevent the use
of the property.
(g) Enters or remains upon private lands without the
permission of the owner or the owner's agent, for the purpose of
violating this section.
(h) Uses an aerial drone to interfere with or harass another
individual who is engaged in the process of lawfully taking an
animal.
(i) (h)
Engages in any other act or
behavior for the purpose
of violating this section.
(3)
Upon petition of an aggrieved person or a person an
individual who reasonably may be aggrieved by a violation of this
section,
a court of competent jurisdiction, upon a showing that a
person
an individual was engaged in and threatens to continue to
engage in illegal conduct under this section, may enjoin that
conduct.
(4)
A person An individual who violates this section is guilty
of
a misdemeanor , punishable
by imprisonment for not more than 93
days , or a fine of not less than $500.00 or more than
$1,000.00,
or
both, and the costs of prosecution. A person An individual who
violates this section a second or subsequent time is guilty of a
misdemeanor , punishable by imprisonment for not more than 1 year ,
or a fine of not less than $1,000.00 or more than $2,500.00, or
both, and the costs of prosecution. In addition to the penalties
provided for in this subsection, any permit or license issued by
the
department authorizing the person individual to take animals
shall be revoked. A prosecution under this section does not
preclude prosecution or other action under any other criminal or
civil statute.
(5) This section does not apply to a peace officer while the
peace officer performs his or her lawful duties.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 927
of the 97th Legislature is enacted into law.