MCL - Section 324.40103

Act 451 of 1994

324.40103 Definitions; G to R; "conservation" defined.

Sec. 40103.

    (1) "Game" means any species of wildlife designated by the legislature or the commission as game under section 40110 and any of the following animals but does not include privately owned cervidae species located on a cervidae livestock facility registered under the privately owned cervidae producers marketing act, 2000 PA 190, MCL 287.951 to 287.969:
    (a) Badger.
    (b) Bear.
    (c) Beaver.
    (d) Bobcat.
    (e) Brant.
    (f) Coot.
    (g) Coyote.
    (h) Crow.
    (i) Deer.
    (j) Duck.
    (k) Elk.
    (l) Fisher.
    (m) Florida gallinule.
    (n) Fox.
    (o) Geese.
    (p) Hare.
    (q) Hungarian partridge.
    (r) Marten.
    (s) Mink.
    (t) Moose.
    (u) Muskrat.
    (v) Opossum.
    (w) Otter.
    (x) Pheasant.
    (y) Quail.
    (z) Rabbit.
    (aa) Raccoon.
    (bb) Ruffed grouse.
    (cc) Sharptailed grouse.
    (dd) Skunk.
    (ee) Snipe.
    (ff) Sora rail.
    (gg) Squirrel.
    (hh) Virginia rail.
    (ii) Weasel.
    (jj) Wild turkey.
    (kk) Wolf.
    (ll) Woodchuck.
    (mm) Woodcock.
    (2) "Interim order of the department" means an order of the department issued under section 40108.
    (3) "Kind" means an animal's sex, age, or physical characteristics.
    (4) "Normal agricultural practices" means generally accepted agricultural and management practices as defined by the commission of agriculture and rural development.
    (5) "Open season" means the dates during which game may be legally taken.
    (6) "Parts" means any or all portions of an animal, including the skin, plumage, hide, fur, entire body, or egg of an animal.
    (7) "Protected" or "protected animal" means an animal or kind of animal that is designated by the department as an animal that shall not be taken.
    (8) "Residence" means a permanent building serving as a temporary or permanent home. Residence may include a cottage, cabin, or mobile home, but does not include a structure designed primarily for taking game, a tree blind, a tent, a recreational or other vehicle, or a camper.
    (9) "Conservation" means the wise use of natural resources.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 86, Imd. Eff. May 13, 1998 ;-- Am. 1999, Act 66, Imd. Eff. June 25, 1999 ;-- Am. 2000, Act 191, Eff. June 1, 2001 ;-- Am. 2012, Act 520, Imd. Eff. Dec. 28, 2012 ;-- Am. 2013, Act 21, Imd. Eff. May 8, 2013 ;-- Am. 2014, Act 281, Eff. Mar. 31, 2015 ;-- Am. 2016, Act 382, Imd. Eff. Dec. 22, 2016
Compiler's Notes: Act 160 of 2004, which was approved by the governor and filed with the secretary of state on June 18, 2004, provided for the amendment of Act 451 of 1994 by amending Sec. 40103 and adding Sec. 40110a. The amended and added sections were effective June 18, 2004. On March 28, 2005, a petition seeking a referendum on Act 160 of 2004 was filed with the Secretary of State. Const 1963, art 2, sec 9, provides that no law as to which the power of referendum properly has been invoked shall be effective thereafter unless approved by a majority of the electors voting thereon at the next general election. A referendum on Act 160 of 2004 was presented to the electors at the November 2006 general election as Proposal 06-3, which read as follows:"PROPOSAL 06-3"A REFERENDUM ON PUBLIC ACT 160 OF 2004 — AN ACT TO ALLOW THE ESTABLISHMENT OF A HUNTING SEASON FOR MOURNING DOVES"Public Act 160 of 2004 would:"Authorize the Natural Resources Commission to establish a hunting season for mourning doves."Require a mourning dove hunter to have a small game license and a $2.00 mourning dove stamp."Stipulate that revenue from the stamp must be split evenly between the Game and Fish Protection Fund and the Fish and Wildlife Trust Fund."Require the Department of Natural Resources to address responsible mourning dove hunting; management practices for the propagation of mourning doves; and participation in mourning dove hunting by youth, the elderly and the disabled in the Department’s annual hunting guide."Should this law be approved?"Yes [ ]"No [ ]"Act 160 of 2004 was rejected by a majority of the electors voting thereon at the November 2006 general election.Enacting section 1 of Act 281 of 2014 provides:"Enacting section 1. This act reenacts all or portions of 2012 PA 520, 2013 PA 21, 2013 PA 22 and 2013 PA 108. If any portions of 2012 PA 520 or 2013 PA 21 or 2013 PA 22 or 2013 PA 108 not amended by this act are invalidated pursuant to referendum or any other reason, then any such invalidated portions of 2012 PA 520, 2013 PA 21, 2013 PA 22 and 2013 PA 108 which are otherwise included in this act, shall be deemed to be reenacted pursuant to this act."Enacting section 2 of Act 281 of 2014 provides:"Enacting section 2. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act."Public Act 281 of 2014 was proposed by initiative petition pursuant to Const 1963, art II, § 9. The initiative petition was approved by an affirmative vote of the majority of the Senate on August 13, 2014 and by the House of Representatives on August 27, 2014. The initiative petition was filed with the Secretary of State on August 27, 2014.In Keep Michigan Wolves Protected v State of Michigan, an unpublished opinion issued November 22, 2016, (Docket No. 328604), the Michigan Court of Appeals held that 2014 PA 281, which amended sections of the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, is unconstitutional as it violates the title-object clause of section 24 of article IV of the state constitution of 1963.
Popular Name: Act 451
Popular Name: NREPA