HB-5192, As Passed House, March 21, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5192

      A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 43502, 43517, 43520, and 43525 (MCL

324.43502, 324.43517, 324.43520, and 324.43525), sections 43502

and 43525 as amended by 1996 PA 585 and sections 43517 and 43520

as added by 1995 PA 57.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 43502. (1) "Accompany" means to go along with another

 2  person while staying within a distance from the person that

 3  enables uninterrupted, unaided visual and auditory communication.

 4        (2)  (1) "Amphibian" means any frog, toad, salamander, or

 5  any other member of the class amphibia.

 6  (3)  (2) "Aquatic species" means any fish, reptile,

 1  amphibian, mollusk, aquatic insect, or crustacea or part thereof.

 2  (4)  (3) "Bow" means a device for propelling an arrow from

 3  a string drawn, held, and released by hand  where  if the force

 4  used to hold the string in the drawn position is provided by the

 5  archer's muscles.

 6  (5)  (4) "Crossbow" means a weapon consisting of a bow

 7  mounted transversely on a stock or frame and designed to fire an

 8  arrow, bolt, or quarrel by the release of a bow string that is

 9  controlled by a mechanical or electric trigger and has a working

10  safety and a draw weight of 100 pounds or more.

11  (6)  (5) "Crustacea" means any freshwater crayfish, shrimp,

12  or prawn of the order decapoda.

13        Sec. 43517. A parent or legal guardian of a minor child

14  shall not permit or allow the minor child to hunt under the

15  authority of a license issued pursuant to this part except under

16  1 of the following conditions:

17        (a) The minor child hunts only on land upon which  the  a

18  parent or guardian is  not regularly domiciled  without being

19  accompanied by the  or a parent or guardian, or another person

20  authorized by  the  a parent or guardian who is 17 years of age

21  or older, accompanies the minor child. This subdivision does not

22  apply if the minor child is less than 14 years of age and the

23  license is a license to hunt deer, bear, or elk with a firearm.

24        (b) If the minor child is less than 14 years of age and the

25  license is a license to hunt deer, bear, or elk with a firearm,

26  the minor child hunts only on private property and a parent or

27  guardian accompanies the minor child.

 1        Sec. 43520. (1) Subject to other requirements of this part,

 2  the department may issue a hunting license to a minor child

 3  subject to both of the following conditions:

 4        (a) On application of a  if all of the following

 5  requirements are met:

 6        (a) A parent or legal guardian of the minor child  , if the

 7  minor child, when hunting on lands upon which the minor child's

 8  parents are not regularly domiciled, is accompanied by the parent

 9  or guardian or another person authorized by the parent or

10  guardian who is 17 years of age or older applies for the license

11  on behalf of the minor child.

12        (b) Payment of the license fee.

13        (2) A license to hunt deer, bear, or elk with a firearm

14  shall not be issued to a person who is less than 14 years of age.

15        (3) A license to hunt shall not be issued to a person who is

16  less than 12 years of age.

17        (b) The parent or legal guardian represents that the

18  requirements of section 43517(a) or (b), as applicable, will be

19  complied with.

20        (c) The minor child is not less than 12 years of age.

21        (d) The license fee is paid.

22        (2)  (4) A person authorized to sell hunting licenses shall

23  not issue a hunting license to a person born after January 1,

24  1960, unless the person presents proof of previous hunting

25  experience in the form of a hunting license issued by this state,

26  another state, a province of Canada, or another country or

27  presents a certification of completion of training in hunter

 1  safety issued to the person by this state, another state, a

 2  province of Canada, or another country. If an applicant for a

 3  hunting license does not have proof of such a previous license or

 4  a certification of completion of training in hunter safety, a

 5  person authorized to sell hunting licenses may issue a hunting

 6  license if the applicant submits a signed affidavit stating that

 7  they have  the applicant has completed a course in hunter safety

 8  or that  they have  the applicant possessed such a hunting

 9  license previously. The person selling a hunting license shall

10  record as specified by the department the form of proof of the

11  previous hunting experience or certification of completion of

12  hunter safety training presented by the applicant.

13        (3) To encourage the recruitment and retention of hunters in

14  this state, the commission shall issue an order pursuant to

15  section 40113a establishing an apprentice hunting license

16  program. The fee for an apprentice hunting license shall be no

17  more than 1/2 the fee for the corresponding resident hunting

18  license for a person 17 years of age or older. The apprentice

19  hunting license program shall take effect March 1, 2007.

20        Sec. 43525. (1) A person 16 years of age or older shall not

21  hunt waterfowl without a current waterfowl hunting license issued

22  by this state. The annual license requirement is in addition to

23  the requirements for a small game license and federal migratory

24  bird hunting stamp. The fee for the waterfowl hunting license is

25  $5.00.

26        (2) If issued as a stamp, a waterfowl hunting license shall

27  be affixed to the small game license of the person and signed

 1  across the face of the stamp by the person to whom it is issued.

 2        (3) A collector may purchase a waterfowl hunting license, if

 3  it is issued as a stamp, without being required to place it on a

 4  small game license, sign across its face, or provide proof of

 5  competency under section  43520(4)  43520(2). However, a license

 6  described in this subsection is not valid for hunting waterfowl.

 7        (4) A person shall not hunt waterfowl, or deer if deer

 8  hunting is regulated by permit in an area designated by the

 9  department as a managed waterfowl area, without an annual or

10  daily managed waterfowl area permit and any other license or

11  permit required by this part. The fee for a daily managed

12  waterfowl area permit is $4.00. The fee for an annual managed

13  waterfowl area permit is $13.00.

14        (5) Following a lottery among applicants for hunting

15  privileges in managed waterfowl areas, only those successful

16  applicants who accept the hunting privileges are required to

17  purchase a daily or annual managed waterfowl area permit.

18        (6) From the  fees  fee collected for  a  each waterfowl

19  hunting license, $3.50  from each license sold shall be used to

20  acquire wetlands and other lands to be managed for the benefit of

21  waterfowl.

22        (7) The following amounts from the  fees  fee collected for

23  each annual or daily managed waterfowl area permit sold shall be

24  used to operate, maintain, and develop managed waterfowl areas in

25  this state:

26      (a) Daily managed waterfowl area permit........... $ 3.00.

1       (b) Annual managed waterfowl area permit.......... $10.00.

 2        (8) The department shall charge a nonrefundable application

 3  fee not to exceed $4.00 for each person who applies for a permit

 4  to hunt in a managed waterfowl area.