April 10, 2018, Introduced by Rep. Albert and referred to the Committee on Agriculture.
A bill to amend 2000 PA 274, entitled
"Large carnivore act,"
by amending sections 2, 3, and 22 (MCL 287.1102, 287.1103, and
287.1122), section 2 as amended by 2016 PA 305 and section 22 as
amended by 2013 PA 8, and by adding sections 22a, 22b, and 22c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Animal control officer" means a county animal control
officer as described in sections 29a and 29b of the dog law of
1919, 1919 PA 339, MCL 287.289a and 287.289b, or a city, village,
or township animal control officer as described in section 29c of
the dog law of 1919, 1919 PA 339, MCL 287.289c.
(b) "Animal control shelter" or "animal protection shelter"
means an animal control shelter or animal protection shelter,
respectively, registered with the department under section 6 of
1969 PA 287, MCL 287.336.
(c)
"Circus" means an incorporated, class C licensee that is
licensed
under 9 CFR chapter I that is temporarily in this state,
and
that offers skilled performances by live animals, clowns, and
acrobats
for public entertainment. Circus does not include a
person,
whether or not a class C licensee, who presents a large
carnivore
to the public as part of a carnival or for any of the
following
purposes:
(i) Exhibition.
(ii) Education.
(iii) Entertainment that includes wrestling, a
photography
opportunity
with a patron, or an activity in which the large
carnivore
and a patron are in close contact with each other.
(c) "Breeding license" means the license granted under section
22b.
(d) "Department" means the department of agriculture and rural
development.
(e) "Facility" means an indoor or outdoor cage, pen, or
similar enclosure where a large carnivore is kept.
(f) "Large carnivore" means either of the following:
(i) Any of the following cats of the Felidae family, whether
wild or captive bred, including a hybrid cross with such a cat:
(A) A lion.
(B) A leopard, including, but not limited to, a snow leopard
or clouded leopard.
(C) A jaguar.
(D) A tiger.
(E) A cougar.
(F) A panther.
(G) A cheetah.
(ii) A bear of a species that is native or nonnative to this
state, whether wild or captive bred.
(g) "Law enforcement officer" means:
(i) A sheriff or sheriff's deputy.
(ii) A village or township marshal.
(iii) An officer of the police department of a city, village,
or township.
(iv) An officer of the Michigan state police.
(v) A peace officer who is trained and licensed or certified
under the Michigan commission on law enforcement standards act,
1965 PA 203, MCL 28.601 to 28.615.
(vi) A conservation officer appointed by the department of
natural resources.
(vii) An animal control officer.
(viii) A law enforcement officer of the federal government
authorized to enforce any federal law regulating animals.
(h) "Livestock" means that term as defined in section 5 of the
animal industry act, 1988 PA 466, MCL 287.705.
(i) "Local unit" means a city, village, township, or county.
(j) "Permit" means a permit issued under section 4.
(k) "Permitting agency" means the agency of a local unit that
issues permits under section 4.
(l) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(m) "Pet shop" means a pet shop licensed by the department
under section 3 of 1969 PA 287, MCL 287.333.
(n) "Veterinarian" means a person licensed to practice
veterinary medicine under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838.
Sec. 3. A person shall not do any of the following:
(a) Own or possess a large carnivore except in compliance with
this act.
(b)
Breed Except as provided
in section 22a, breed a large
carnivore.
(c) Transfer ownership or possession of or receive a transfer
of ownership or possession of a large carnivore, with or without
remuneration. This subdivision does not apply to a transfer of
ownership or possession of a large carnivore expressly authorized
or required by this act.
Sec. 22. (1) Sections 4, 5, and 6 do not apply to any of the
following:
(a)
An animal control shelter or animal protection shelter.
(a) (b)
A person who is licensed
or approved by the department
of
natural resources of this state or by the United States fish and
wildlife
service Fish and Wildlife
Service of the United States
department
of the interior. Department
of the Interior. This
subdivision does not apply to a person in possession of 1 or more
black bears under the authority of a permit to hold wildlife in
captivity issued by the department of natural resources.
(c)
A zoological park approved or accredited by the American
zoo
and aquarium association.
(d)
A person approved by the association of sanctuaries or the
American
sanctuary association.
(b) (e)
A law enforcement officer acting
under the authority
of this act.
(c) (f)
A veterinarian temporarily in
possession of a large
carnivore to provide veterinary care for or humanely euthanize the
large carnivore.
(2) Sections 4, 5, 6(1)(d) to (5)(d), 8, and 14(3) do not
apply to a person who is not a resident of this state and who is in
this state only for the purpose of travel between locations outside
of this state.
(3) Sections 4, 5, 6(1)(d) to (5)(d), and 14(3) do not apply
to an animal control shelter or animal protection shelter in
possession of a large carnivore for not more than 30 days to
provide humane euthanasia or export the large carnivore to another
state under section 8.
(4) (3)
Subject to subsection (2), this act does Sections 4,
6(1)(d) to (5)(d), 8, and 14(3) do not apply to a person who
resides in this state and meets all of the following requirements:
(a) Is conducting a for-profit or nonprofit business, if the
primary purpose of that business is the presentation of animals
including large carnivores to the public for education or
exhibition purposes.
(b) Is a class C licensee that possesses and maintains a class
C license under 9 CFR parts 1 and 2.
(c) Meets or exceeds all standards required of a class C
licensee under 9 CFR parts 1 and 2, including, but not limited to,
standards for training, housing, care, and transport of large
carnivores. ,
required of a class C licensee under 9 CFR parts 1
and
2.If the United States
Department of Agriculture has, within
the last 5 years, confiscated an animal of, or issued an official
warning letter to or a civil penalty, including a cease and desist
order, a monetary penalty, or a license suspension or revocation
against, a class C licensee, that class C licensee does not meet
the requirement under this subdivision.
(d)
Except as provided in subsection (4), (5), does not allow
a
patron to do any either of the following:
(i) Come into direct contact with a large carnivore.
(ii) Come into close enough contact with a large carnivore
over 20 weeks of age so as to place the patron in jeopardy of being
harmed by the large carnivore.
(e) Does not sell large carnivores, except to another person
that meets the requirements of this subsection.
(f) Does not breed large carnivores.
(5) (4)
This act does not apply to a A
person who allows
otherwise meets the requirements under subsection (4) may allow a
patron
to come into contact with a large carnivore under subsection
(3)(d)(i) or (ii) if the
large carnivore is a bear less than 36
weeks of age or a bear weighing 90 pounds or less if the person
otherwise
meets the requirements of subsection (3) and satisfies 1
of the following:
(a)
The person was in possession of a bear on the effective
date
of the 2013 amendatory act that amended this section.March 26,
2013.
(b) The person acquired a business described in subsection
(3)(a)
(4) from a person who was in possession of a bear on the
effective
date of the 2013 amendatory act that amended this
section.March 26, 2013.
(5)
This act does not apply to a circus.
(6) A person who holds a valid breeding license under section
22b is exempt from sections 4, 5, 6(1)(d) to (5)(d), and 14(3).
Sec. 22a. Subject to section 22b, a person who meets all of
the following requirements may apply to the department for a
breeding license to breed large carnivores:
(a) Is conducting a for-profit or nonprofit business, if the
primary purpose of that business is the presentation of animals
including large carnivores to the public for education or
exhibition purposes.
(b) Is a class C licensee that possesses and maintains a class
C license under 9 CFR parts 1 and 2.
(c) Meets or exceeds all standards required of a class C
licensee under 9 CFR parts 1 and 2, including, but not limited to,
standards for training, housing, care, and transport of large
carnivores. If the United States Department of Agriculture has,
within the last 5 years, confiscated an animal of, or issued an
official warning letter to or a civil penalty, including a cease
and desist order, a monetary penalty, or a license suspension or
revocation against, a class C licensee, that class C licensee does
not meet the requirement under this subdivision.
(d) Does not allow a patron to come into direct contact with a
large carnivore.
(e) Does not sell large carnivores, except to another person
that meets the requirements of this subsection.
Sec. 22b. (1) The application for a license to breed large
carnivores must be on a form prescribed by the department and must
contain both of the following:
(a) The name, address, telephone number, and electronic mail
address of the person applying and, if the person applying is a
corporation, partnership, association, governmental entity, or
other legal entity, list any partners, officers, or agent for
service of process.
(b) A description of the 2 large carnivores the person intends
to breed and the purpose for the breeding that demonstrates
compliance with section 22c(1)(l).
(2) The application described under subsection (1) must be
accompanied by the following:
(a) Documentation from the United States Department of
Agriculture that the person has not had an animal confiscated or
been issued an official warning letter or civil penalty as
described in section 22a(c).
(b) Documentation that the person complies with section 22a.
(c) Documentation that the person complies with section 22c.
(3) Subject to subsection (6), a breeding license to breed the
2 large carnivores identified under subsection (1)(b) that is
granted under this section is valid for 2 years from the date the
breeding license is granted.
(4) Upon receipt of an application described under subsection
(1), the department shall forward the application to the large
carnivore breeding advisory committee created in subsection (5).
Not later than 90 days after receiving an application under
subsection (1), the department shall deny, grant, or grant with
conditions the application for a breeding license after considering
the recommendation of the large carnivore advisory committee.
Receipt of the application is considered the date the application
is received by any agency or department of this state. If the
application is considered incomplete by the department, the
department shall notify the applicant in writing or make notice
electronically available within 14 days after receipt of the
incomplete application, describing the deficiency and requesting
additional information. If the department identifies a deficiency,
the 90-day period is tolled upon notification by the department of
a deficiency and until the date the requested information is
received by the department.
(5) The large carnivore breeding advisory committee is created
in the department to advise the department on applications for a
breeding license. The committee shall consist of the state
veterinarian as defined in section 6 of the animal industry act,
1988 PA 466, MCL 287.706, who shall serve as chairperson, and 2
members appointed by the director of the department as follows:
(a) One member from the Zoological Association of America.
(b) One member from the Association of Zoos and Aquariums.
(6) The department may revoke a breeding license granted under
this section upon the advice from the large carnivore breeding
advisory committee created in subsection (5) and after notice and a
hearing as provided under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 22c. (1) A person who holds a breeding license granted
under section 22b shall do all of the following:
(a) Ensure that a facility in which a large carnivore is
housed is adequately lit and free of clutter. Service doors shall
be clearly marked and in good working condition, and sufficient
barriers must be in place to prevent unauthorized access to areas
not intended for public access.
(b) Provide immediate access to staff working with or around
large carnivores to designated emergency response personnel through
a walkie-talkie, cellular telephone, alarm, or other electronic
device.
(c) Create written emergency protocols for large carnivore
escapes and injuries to humans by large carnivores and conduct
annual emergency drills to practice responses for large carnivore
escapes and injuries to humans by large carnivores. The emergency
protocols must include communication systems to notify local law
enforcement and emergency services.
(d) If law enforcement is not within a reasonable distance
from the facility, create a trained firearms team. A trained
firearms team shall have professional training and practice
emergency responses at least 2 times each year.
(e) Provide and ensure the functionality of security and fire
protection systems and methods that provide a reasonable level of
safety for the collection of animals on a 24-hour basis, including,
but not limited to, compliance with local building codes and an
appropriate combination of night security, patrols, fire and smoke
detection systems and alarms, monitors, and building design
features.
(f) House a large carnivore that is not native to a temperate
environment in an environment that has climate control and is
comfortable for that species of large carnivore. An environment
that relies on climate control must have an emergency backup system
available, and all mechanical equipment must be included in a
documented preventative maintenance program.
(g) Ensure that the conditions in which the large carnivore is
kept take into account all of the following:
(i) Need for space.
(ii) Need for complexity in the large carnivore's environment
in order to provide for the large carnivore's physical, social, and
psychological well-being. The space in which the large carnivore is
kept must include provisions for the behavioral enrichment of the
large carnivore.
(iii) Choice and control over the use of space and social
interactions with other large carnivores in the same space. The
person must be capable of separating a large carnivore from other
animals if the large carnivore exhibits a desire for separation.
(iv) Protection from injury and disease.
(h) Train staff to recognize abnormal behavior and clinical
signs of illness and have knowledge regarding the diets, husbandry,
natural history, and care required for large carnivores under their
care to ensure the well-being of the large carnivores.
(i) Maintain a written policy for the acquisition, transfer,
and disposition of large carnivores. The written policy described
in this subdivision must satisfy all of the following:
(i) The policy must comply with all applicable local, state,
federal, and international laws and regulations.
(ii) The policy must require documentation of ownership of
large carnivores and any applicable chain of custody.
(iii) The policy must establish a system for the documentation
of acquisition, transfer, and disposition of large carnivores using
a comprehensive institutional record-keeping system. Individual
large carnivores must be permanently identified as provided in
section 5.
(iv) The policy must require the acquisition of a free-ranging
animal to be done in accordance with applicable local, state,
federal, and international laws and regulations and prohibit the
acquisition if it is detrimental to the long-term viability of the
large carnivore species in the wild.
(j) Meet all applicable local, state, federal, and
international laws and regulations when designating a large
carnivore for reintroduction and release into the wild.
(k) Satisfy all of the following requirements:
(i) Signs and provides to the department a succession plan for
the large carnivores held by the person. The person shall also sign
and provide to the department an affidavit stating that the person
has the financial ability to care for the collection of large
carnivores.
(ii) Has a written contingency plan in place in the event that
a significant decrease in operating income occurs.
(iii) Provides insurance coverage for staff, volunteers,
visitors, and physical facilities.
(l) Participate in scientific, sustainable, and cooperatively
managed breeding programs that identify specific and typically
threatened or endangered large carnivore species that are composed
of large carnivores of known provenance and pedigree. A breeding
program described in this subdivision must be based on
comprehensive pedigree and demographic databases and analyses and
must have long-range population management goals and
recommendations to ensure sustainability of the population. A
breeding program described in this subdivision must not allow the
breeding of species hybrids or the breeding of a large carnivore
for the purpose of selling, bartering, or trading the large
carnivore's parts, and must ensure that adequate space to house
offspring of a large carnivore is in place.
(m) Satisfy all of the following with respect to veterinary
care of a large carnivore:
(i) Has a staff or attending veterinarian with knowledge of
the species of large carnivore held by the person available 24
hours per day.
(ii) Has a veterinary care program that emphasizes disease
prevention.
(iii) Performs routine health evaluations to evaluate for
infectious and noninfectious diseases common to large carnivores.
The health evaluations described in this subparagraph must include,
but are not limited to, all of the following:
(A) Fecal parasite screening.
(B) Complete blood count and serum chemistry.
(C) Weight.
(D) Health examinations described in section 6(5)(k).
(iv) Regularly vaccinates large carnivores for infectious
diseases, as considered necessary by the attending veterinarian,
and excludes from enclosures wildlife or feral animals that could
transmit an infectious disease to a captive large carnivore.
(v) Considers procedures including, but not limited to,
castration and ovariohysterectomy, that would benefit the long-term
health and welfare of an individual large carnivore.
(vi) Adopts humane euthanasia practices as set forth in the
"American Veterinary Medical Association Euthanasia Guidelines",
performs necropsies on the deceased large carnivores to determine
the cause of death, and disposes of a large carnivore after a
necropsy in accordance with local, state, and federal law.
(vii) Meets all applicable laws or regulations regarding food
preparation and storage.
(viii) Provides a nutritious diet and, to the best of the
person's ability, minimizes disease, nutritional deficiencies,
infections, parasite infestations, and obesity.
(ix) Makes written procedures available to staff for the use
of drugs for veterinary purposes, and maintains appropriate
security over veterinary drugs.
(n) Maintain a written conservation action plan and strategy
that is part of a collaborative, scientifically managed species
conservation program for each species of large carnivore held that
includes, but is not limited to, all of the following:
(i) Participation in local, regional, national, or
international conservation programs, including, but not limited to,
staff support or participation in field conservation activities and
financial support.
(ii) Education awareness programs for guests, staff,
volunteers, supporters, members, vendors, and contractors.
(iii) Evaluation and measurement of the impact of conservation
programs and activities.
(2) A person who holds a breeding license granted under
section 22b shall not do any of the following:
(a) Transfer a large carnivore to a person that is not
qualified or capable of safely maintaining the large carnivore or
ensuring its well-being.
(b) Transfer a large carnivore to an animal auction or to a
person that may display or sell the large carnivore at an animal
auction.
(c) Transfer a large carnivore to a person that allows the
hunting of large carnivores.
(d) Raise a large carnivore for the purpose of providing food,
fur, pelts, body parts, organs, or bodily fluids, or transfer a
large carnivore to a person that will use the large carnivore for
any of these purposes.
(e) Perform disfiguring procedures, including, but not limited
to, declawing and canine tooth removal, unless considered medically
necessary by the attending veterinarian.
(f) Remove socially or nutritionally dependent young large
carnivores from their mothers for hand-rearing unless deemed
medically necessary by the attending veterinarian.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.