Act No. 190
Public Acts of 2000
Approved by the Governor
June 20, 2000
Filed with the Secretary of State
June 20, 2000
EFFECTIVE DATE: June 1, 2001
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 2000
Introduced by Reps. Green, Sheltrown, Julian, Scranton and Rick Johnson
ENROLLED HOUSE BILL No. 4427
AN ACT to define, develop, and regulate privately owned cervidae as an agricultural enterprise in this state; to provide powers and duties of certain state agencies and departments; and to provide for certain penalties and remedies.
The People of the State of Michigan enact:
Sec. 1. This act shall be known and may be cited as the "privately owned cervidae producers marketing act".
Sec. 2. As used in this act:
(a) "Business plan" means a written document of intent that a person submits to the department that defines the methods, protocols, or procedures that the person intends on implementing to be in compliance with this act.
(b) "Biosecurity" means measures, actions, or precautions taken to prevent the transmission of disease in, among, or between free-ranging and privately owned cervidae species.
(c) "Cervidae livestock facility" means a privately owned cervidae livestock operation on privately controlled lands capable of holding cervidae species.
(d) "Cervidae livestock operation" means an operation that contains 1 or more privately owned cervidae species involving the producing, growing, propagating, using, harvesting, transporting, exporting, importing, or marketing of cervidae species or cervidae products under an appropriate registration.
(e) "Cervidae products" means any products, co-products, or by-products of cervidae, including antler, antler velvet, meat, or any part of the animal.
(f) "Cervidae species" means members of the cervidae family including, but not limited to, deer, elk, moose, reindeer, and caribou.
(g) "Department" means the Michigan department of agriculture.
(h) "Director" means the director of the Michigan department of agriculture or his or her designee.
(i) "Farm" or "farm operation" means those terms as defined in the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(j) "Flush" or "flushed" means to move or chase from a cervidae livestock facility.
(k) "Identify" means any documentable system or process that allows a person to recognize as separate or different an individual animal.
(l) "Law enforcement officer" means a person appointed by the state or a local governmental unit who is responsible for the enforcement of the criminal laws of this state.
(m) "Owner" means the person who owns or is responsible for a cervidae livestock operation.
(n) "Person" means an individual, corporation, limited liability corporation, partnership, association, joint venture, or other legal entity.
(o) "Release" means to cause an animal to become located outside the perimeter fence of a cervidae livestock facility not under the direct control of the owner.
Sec. 3. (1) The department shall administer this act. The departments of natural resources and environmental quality shall provide consultation.
(2) The department may conduct activities designed to develop and assist the cervidae industry in the manner provided for by law.
Sec. 4. (1) A cervidae livestock operation is an agricultural enterprise and is considered to be part of the farming and agricultural industry of this state. The director shall assure that cervidae livestock operations are afforded all rights, privileges, opportunities, and responsibilities of other agricultural enterprises.
(2) Cervidae livestock operations are a form of agriculture. Cervidae livestock facilities and their equipment are considered to be agricultural facilities and equipment. Uses related to the farming of cervidae are considered agricultural uses.
(3) Cervidae products and cervidae species lawfully produced, purchased, possessed, or acquired from within this state or imported into this state are the exclusive and private property of the owner.
(4) An owner harvesting privately owned cervidae species from a registered cervidae livestock facility is exempt from possession limits and closed seasons involving cervidae imposed in parts 401, 411, and 427 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40119, 324.41101 to 324.41105, and 324.42701 to 324.42714. This act does not give a cervidae livestock operation authority to take free-ranging animals in violation of the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, unless under a permit issued by the department of natural resources.
(5) Any movement, importing, or exporting of cervidae species or cervidae products shall be in compliance with the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747.
Sec. 5. (1) A person shall not engage in a cervidae livestock operation unless he or she obtains from the department a cervidae livestock facility registration or unless otherwise exempt by rule or law. If the activity in which the cervidae livestock facility is engaged is required to be regulated under any other act, registration under this act does not exempt the person or cervidae livestock facility from requirements imposed under any local, state, or federal regulation. Zoos accredited under the American zoological association or other accreditations or standards determined appropriate by and acceptable to the department are exempt from this act.
(2) A person registered under this act shall keep and maintain records of production, purchases, or imports in order to establish proof of ownership and shall keep any other records required under standards incorporated by reference under section 6. A person transporting cervidae species shall produce documentation that contains the origin of shipment, registration or permit copies or documentation, documentation demonstrating shipping destination, and any other proof that may be required under the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747, upon demand of the director or a law enforcement officer.
(3) A cervidae livestock facility in existence on or before the effective date of this act is required to obtain a registration under this act not later than January 1, 2003 in order to continue engaging in a cervidae livestock operation after the effective date of this act, subject to subsection (4).
(4) A person licensed by the department of natural resources to maintain cervidae species in captivity under part 427 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.42701 to 324.42714, must obtain a registration under this act upon the expiration of his or her license or by January 1, 2003, whichever is earlier, in order to continue to maintain privately owned cervidae species in captivity.
Sec. 6. (1) A completed initial application for a registration shall be submitted to the department not less than 60 days before the construction of the cervidae livestock facility. The department through adoption by the commission of agriculture shall utilize the standards contained in "Operational Standards for Registered Privately Owned Cervid Facilities", published by the Michigan department of agriculture, (May 2000), and incorporated by reference, to evaluate the issuance, maintenance, and renewal of a registration issued under this act. The department after consultation with the department of natural resources and with concurrence of the commission of agriculture may, by amendment of this act or promulgation of a rule, amend, update, or supplement the standards adopted in this subsection.
(2) As part of the application, the applicant for registration shall submit a business plan complying with the standards established under this section that includes all of the following:
(a) The complete address of the proposed cervidae livestock facility and the size of, the location of, and a legal description of the lands on which the cervidae livestock operation will be conducted.
(b) The number of cervidae species included in the proposed facility.
(c) Biosecurity measures to be utilized, including, but not limited to, methods of fencing and appropriate animal identification.
(d) The proposed method of flushing wild cervidae species from the enclosure, if applicable.
(e) The proposed record-keeping system.
(f) The method of verification that all free-ranging cervidae species have been removed.
(g) The current zoning of the property proposed as a cervidae livestock facility and whether the local unit or units of government within which the cervidae livestock facility will be located has an ordinance regarding fences.
(h) Any other information considered necessary by the department.
(3) Upon receipt of an application, the director shall forward 1 copy each to the departments of natural resources and environmental quality. Upon receipt of an application, the department shall send a written notice to the local unit or units of government within which the proposed cervidae livestock facility will be located unless the department determines, from information provided in the application, that the local unit of government has a zoning ordinance under which the land is zoned agricultural. The local unit or units of government may respond, within 30 days of receipt of the written notice, indicating whether the applicant's cervidae livestock facility would be in violation of any ordinance.
(4) The department shall not issue an initial cervidae livestock facility registration or modification unless the application demonstrates all of the following:
(a) The cervidae livestock facility has been inspected by the director and the director has determined that the cervidae livestock facility meets the standards and requirements prescribed by and adopted under this act, complies with the business plan submitted to the department, and determines that there are barriers in place to prevent the escape of cervidae species and prevent the entry of wild cervidae species. In the case of elk, a perimeter fence shall be constructed of woven wire and be at least 8 feet high and, in the case of white-tailed deer, a perimeter fence shall be constructed of woven wire and be at least 10 feet high. For other cervidae species, the perimeter fence height shall be determined by standards and requirements prescribed by and adopted under this act.
(b) Individual animals are appropriately identified in compliance with the standards established under this section.
(c) The applicant has all necessary permits that are required under part 31 regarding water resources protection, part 301 regarding inland lakes and streams, and part 303 regarding wetland protection of the natural resources and environmental protection act, 1994 PA 451, MCL 324.3101 to 324.3133, 324.30101 to 324.30113, and 324.30301 to 324.30323, and any other permits or authorizations that may be required by law.
(5) Upon receipt of a denial under this section and without filing a second application, the applicant may request in writing and, if requested, the department shall provide an informal department review of the application. The review shall include the applicant, the department, and the departments of natural resources and environmental quality, if applicable. After the informal department review, if the director determines that the proposed cervidae livestock facility or cervidae livestock operation complies with the requirements of this act, the director shall issue a registration within 30 days after the applicant notifies the department of completion of the facility. After the informal department review, if the director determines that the proposed cervidae livestock facility or cervidae livestock operation does not comply with the requirements of this act, the director shall affirm the denial of the application in writing and specify the deficiencies needed to be addressed or corrected in order for a registration to be issued. The applicant may waive the informal department review of the application.
Sec. 7. (1) At the time the construction of the cervidae livestock facility is completed, the applicant shall notify the department in writing. Within 30 days after notification of the completion of the cervidae livestock facility, the director shall inspect the cervidae livestock facility. If the director determines that the proposed cervidae livestock facility conforms to standards prescribed by and adopted under this act, the director shall issue a registration within 30 days after completion of an inspection finding that the cervidae livestock facility conforms to this act. The time periods described in this subsection may be extended by the department only if the department is unable to verify the removal of wild cervidae species or for an act of God.
(2) If the director determines that a proposed cervidae livestock facility does not comply with the requirements of this act, the director shall deny the application for registration. The department shall notify in writing an applicant of the reasons for a registration denial within 60 days after receipt of the completed application. The notice shall specify in writing the deficiencies to be corrected in order for a registration to be issued.
(3) Without filing a second application under this section, an applicant may request a second inspection after the specified deficiencies have been corrected. The department is not required to make more than 2 preregistration inspections of the same proposed cervidae livestock facility per application.
(4) Upon receipt of a second denial under this section and without filing a second application, the applicant may request in writing and, if requested, the department shall provide an informal department review of the application. The review shall include the applicant, the department, and the departments of natural resources and environmental quality, if applicable. After the informal department review, if the director determines that the proposed cervidae livestock facility complies with the requirements of this act, the director shall issue a registration within 30 days after the informal department review. After the informal department review, if the director determines that the proposed facility does not comply with the requirements of this act, the director shall affirm the denial of the application in writing and specify the deficiencies needed to be addressed or corrected in order for a registration to be issued. The applicant may waive the informal department review of the application.
(5) The applicant may request a hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, on a denial of a registration or upon any limitations placed upon the issuance of a registration.
(6) The department shall not return a registration fee or a portion of a registration fee to an applicant if a registration is denied.
Sec. 8. (1) A registration issued by the department shall contain the following information:
(a) The registration number and expiration date.
(b) The cervidae species involved in the cervidae livestock facility.
(c) The complete name, business name, business address, and telephone number of the cervidae livestock facility registration holder.
(d) The complete address of the cervidae livestock facility location.
(e) The complete name, address, and telephone number of the department contact person regarding cervidae livestock operations.
(2) The department shall issue to a person meeting the requirements of this act a registration to operate a cervidae livestock facility. The department may provide limited registration classes.
(3) The department shall charge the following fees for initial and renewal applications for cervidae facilities:
| (a) Class I (hobby) | $ | 45.00. |
| (b) Class II (exhibition) | $ | 75.00. |
| (c) Class III (ranch) | $ | 500.00. |
| (d) Full registration | $ | 150.00. |
(4) Application for renewal of a registration shall be submitted not later than 60 days before expiration of the current registration. Each registration issued shall be for a period of 3 years from the date of issuance.
(5) A renewal submitted later than 60 days before expiration of the current registration shall require submission of an initial application. Failure of the department to process a renewal application that was submitted in a timely and complete manner operates to extend the current registration until such time as the department completes the processing.
(6) Unless otherwise indicated in writing by the department at the time the department sends a registered facility its renewal application, there is a presumption that the department shall renew the registration upon timely submission of the completed renewal application and registration fee.
(7) A sale or transfer of ownership of a cervidae livestock facility requires the new owner or the transferee to notify the department in writing. The department shall require a new registration for a transfer occurring within 6 months of the expiration of the current registration.
Sec. 9. A registered cervidae livestock facility shall apply for a modification of the cervidae livestock facility registration before any change in the registration class of activities for which the registration is issued.
Sec. 10. (1) The director shall enter into a memorandum of understanding with the department of natural resources for determining compliance by persons engaged in cervidae livestock operations, applicants, and registered cervidae livestock facilities with this act and investigation of violations of this act.
(2) Subject to the memorandum of understanding, the director shall verify both of the following through written confirmation from the department of natural resources before issuing any registration under this act:
(a) The department of natural resources has approved the method used to flush any free-ranging cervidae species from the facility, if applicable, and all free-ranging cervidae species have actually been flushed.
(b) The department of natural resources has determined that the size and location of the facility will not place unreasonable stress on wildlife habitat or migration corridors. Any facility that possesses a valid permit to maintain wildlife in captivity issued by the department of natural resources shall be considered to meet the requirements of this section for purposes of issuing a registration under this act.
Sec. 11. After flushing cervidae species in an approved manner, any cervidae species remaining in the cervidae livestock facility must be killed or tranquilized and removed by or under the authority of the registrant pursuant to an appropriate permit issued by the department of natural resources. A person shall reimburse the state of Michigan $250.00 per individual cervid that must be killed under the appropriately issued permit to meet the requirements of this section.
Sec. 12. (1) The department or its duly authorized agent shall have access at all reasonable hours to any cervidae livestock facility to inspect and to determine if this act is being violated and to secure samples or specimens of any cervidae species. An inspection shall be conducted under practices designed not to jeopardize the health of the cervidae species.
(2) The director may periodically inspect a registered cervidae livestock facility for confirmation that there are in place procedures or barriers designed to prevent the escape of cervidae species, for confirmation that all specimens are accounted for, and for confirmation of compliance with other requirements as set forth in this act or as required by law.
Sec. 13. A person shall not knowingly provide false information in a matter pertaining to this act and shall not resist, impede, or hinder the director in the discharge of his or her duties under this act.
Sec. 14. (1) After an opportunity for an administrative hearing, the department may deny, suspend, revoke, or limit a registration if the applicant or registrant fails to comply with this act, standards adopted or established under this act, orders issued by the director as a result of an administrative action or informal departmental review conducted under this act, or rules promulgated under this act.
(2) In addition to the provisions contained in subsection (1), the department may deny the issuance of a registration or suspend or revoke a registration if the department, in consultation with the department of natural resources or the department of environmental quality, or both, determines that based upon substantial scientific evidence, the issuance of a registration will cause, or is likely to cause, an unreasonable or adverse effect upon the environment or upon wildlife which cannot be remedied by, or is not addressed by, the existing standards under this act.
(3) Except in the case of an informal departmental review, the department shall conduct an administrative proceeding under this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 15. The director may promulgate rules considered necessary to implement and enforce this act, pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 16. Except as otherwise provided in section 17, a person who violates this act or a rule promulgated under this act is guilty of a misdemeanor punishable by a fine of not less than $300.00 or more than $1,000.00 or imprisonment for not less than 30 days or more than 90 days, or both.
Sec. 17. (1) A person shall not release or allow the release of any cervidae species from a cervidae livestock facility. This section does not prohibit the sale, breeding, marketing, exhibition, or other approved uses of cervidae species in the manner provided for by law. An animal that escapes from a facility is considered to be public property if the operator of a cervidae livestock facility does not notify the department in compliance with the standards established under this act.
(2) An owner shall not abandon a registered cervidae livestock facility without first notifying the department in compliance with the standards established under this act.
(3) A person shall not intentionally or knowingly cause the ingress of free-ranging cervidae species into a registered cervidae livestock facility.
(4) A person violating subsection (1) or (2) is guilty of a misdemeanor punishable by a fine of not more than $300.00 or imprisonment of not more than 90 days, or both, for a first offense and is guilty of a misdemeanor punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both, for a second or subsequent offense.
(5) Notwithstanding subsection (4), a person intentionally or knowingly violating subsection (1) or (2) or violating subsection (3) is guilty of a felony.
Sec. 18. (1) A court may allow the department to recover reasonable costs and attorney fees incurred in a prosecution resulting in a conviction for a violation of section 16 or 17.
(2) The director, upon finding that a person has violated any provisions of this act, an order issued by the director as a result of an informal or administrative hearing, or a rule promulgated under this act, may do any of the following:
(a) Issue a warning.
(b) Impose an administrative fine of not more than $1,000.00, plus the costs of investigation, for each violation after notice and an opportunity for a hearing. A person aggrieved by an administrative fine issued under this section may request a hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(c) Issue an appearance ticket as described and authorized by sections 9a to 9g of chapter 4 of the code of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g.
(3) The director shall advise the attorney general of the failure of any person to pay an administrative fine imposed under this section. The attorney general shall bring a civil action in a court of competent jurisdiction to recover the fine. Civil penalties collected shall be paid to the general fund.
(4) Notwithstanding any other provisions of this act, the director may bring an action to do either or both of the following:
(a) Obtain a declaratory judgment that a method, activity, or practice is a violation of this act.
(b) Obtain an injunction against a person who is engaging in a method, activity, or practice that violates this act.
(5) The remedies under this act are cumulative and use of 1 remedy does not bar the use of another unless otherwise prohibited by law.
Sec. 19. This act takes effect June 1, 2001.
Enacting section 1. This act does not take effect unless House Bill No. 4428 of the 90th Legislature is enacted into law.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.