SB-1105, As Passed Senate, May 24, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1105

      A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 43502, 43505, 43506, 43517, 43520, and 43525

(MCL 324.43502, 324.43505, 324.43506, 324.43517, 324.43520, and

324.43525), sections 43502, 43505, 43506, 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 under circumstances that allow one to come to the

 3  immediate aid of the other person and while staying within a

 4  distance from the person that permits uninterrupted, unaided

 5  visual and auditory communication.

 6        (2)  (1) "Amphibian" means  any  a frog, toad, salamander,

 1  or  any other member of the class amphibia.

 2        (3) "Apprentice license" means a license issued under

 3  section 43520(3).

 4  (4)  (2) "Aquatic species" means  any  a fish, reptile,

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

 6  (5)  (3) "Bow" means a device for propelling an arrow from

 7  a string drawn, held, and released by hand where the force used

 8  to hold the string in the drawn position is provided by the

 9  archer's muscles.

10  (6)  (4) "Crossbow" means a weapon consisting of a bow,

11  with a draw weight of 100 pounds or more, mounted transversely on

12  a stock or frame and designed to fire an arrow, bolt, or quarrel

13  by the release of a bow string  that is controlled by a

14  mechanical or electric trigger  and has  with a working safety.

15  and a draw weight of 100 pounds or more.

16  (7)  (5) "Crustacea" means  any  a freshwater crayfish,

17  shrimp, or prawn of the order decapoda.

18        Sec. 43505. (1) "Hunt" and "hunting" mean to pursue,

19  capture, shoot, kill, chase, follow, harass, harm, rob, or trap a

20  wild animal, or to attempt to engage in such an activity.

21        (2) "Identification" means a driver license issued by

22  Michigan, another state, or a Canadian province as accepted by

23  the department, a state of Michigan identification card issued by

24  the secretary of state, or a sportcard issued by the department.

25        (3) "License" means a document or a tag, stamp, plastic

26  card, or other device that may include a stamp or a tag that

27  authorizes the licensee to hunt, fish, trap, or possess wild

 1  animals or aquatic species and other identification required by

 2  the department.

 3        (4) "Minor child" means a person less than 17 years  of age

 4  old.

 5        (5) "Nonresident" means or refers to a person who is not a

 6  resident.  who is 17 years of age or older.

 7        Sec. 43506. (1) "Open season" means the time during which

 8  game animals, game birds, fur-bearing animals, and aquatic

 9  species may be legally taken or killed. Open season includes both

10  the first and last day of the season or period.

11        (2) "Reptile" means a turtle, snake, lizard, or any other

12  member of the class reptilia.

13        (3) "Resident" means or refers to any of the following:

14        (a) A person who resides in a settled or permanent home or

15  domicile within the boundaries of this state with the intention

16  of remaining in this state.

17        (b) A student who is enrolled in a full-time course at a

18  college or university within this state and who resides in the

19  state during the school year.

20        (c) A person regularly enlisted or commissioned as an

21  officer in the armed forces of the United States and officially

22  stationed in this state.

23        (d) A person regularly enlisted or commissioned as an

24  officer in the armed forces of the United States who, at the time

25  of enlistment, was a resident of this state and has maintained

26  his or her residence in this state for purposes of obtaining a

27  driver license or voter registration, or both.

    Senate Bill No. 1105 as amended May 24, 2006

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

 2  shall not permit or allow the minor child to hunt game under the

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

 4  1 of the following conditions:

 5        (a) The minor child hunts on land upon which  the  a parent

 6  or guardian is  not regularly domiciled  without being

 7  accompanied by the  or a parent or guardian, or another person at

 8  least <<18>> years old authorized by  the  a parent or guardian,  who

 9  is 17 years of age or older  accompanies the minor child. This

10  subdivision does not apply if the license is an apprentice

11  license.

12        (b) If the license is an apprentice license, a parent or

13  guardian, or another person at least 21 years old authorized by a

14  parent or guardian, who is licensed to hunt that game under a

15  license other than an apprentice license accompanies the minor

16  child.

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

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

19  subject to both of the following conditions:

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

21  requirements are met:

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

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

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

25  or guardian or another person authorized by the parent or

26  guardian who is 17 years of age or older.

27        (b) Payment of the license fee.

 1        (2) A  applies for the license on behalf of the minor child.

 2        (b) The parent or guardian represents that the requirements

 3  of section 43517(a) or (b), as applicable, will be complied with.

 4        (c) The minor child is at least 12 years old or, if the

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

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

 7  at least 14 years old.

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

 9  less than 12 years of age.

10        (d) The license fee is paid.

11        (2)  (4)  A person authorized to sell hunting licenses shall

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

13  1960, unless the person presents proof of previous hunting

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

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

16  presents a certification of completion of training in hunter

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

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

19  hunting license does not have proof of a previous license or a

20  certification of completion of training in hunter safety, a

21  person authorized to sell hunting licenses may issue a hunting

22  license if the applicant submits a signed affidavit stating that

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

24  or that  they have  the applicant possessed a hunting license

25  previously. The person selling a hunting license shall record as

26  specified by the department the form of proof of the previous

27  hunting experience or certification of completion of hunter

 1  safety training presented by the applicant. This subsection does

 2  not apply to the issuance of an apprentice license. An apprentice

 3  license or the equivalent does not satisfy the requirements of

 4  this subsection concerning proof of previous hunting experience.

 5        (3) A person who does not meet the requirements of

 6  subsection (2) may obtain an apprentice license for the same

 7  price as the corresponding regular license that the person would

 8  otherwise be qualified to obtain. A person 17 years old or older

 9  shall not hunt game under an apprentice license unless another

10  person at least 21 years old who possesses a license, other than

11  an apprentice license, to hunt that game accompanies that

12  apprentice licensee and does not accompany more than 1 other

13  apprentice licensee. For the purposes of this subsection and

14  section 43517(b), a person shall not go along with more than 2

15  apprentice licensees of any age for the purpose of accompanying

16  those apprentice licensees while those apprentice licensees are

17  hunting. If a person has represented to an apprentice licensee

18  or, if the apprentice licensee is a minor child, to the

19  apprentice licensee's parent or legal guardian that he or she

20  would accompany the apprentice licensee for the purposes of this

21  subsection, the person shall not go along with the apprentice

22  licensee while the apprentice licensee is hunting unless the

23  person actually accompanies the apprentice licensee and possesses

24  a license, other than an apprentice license, to hunt the same

25  game as the apprentice licensee. A person is not eligible to

26  obtain a specific type of apprentice license, such as a firearm

27  deer license, an archery deer license, a combination deer

Senate Bill No. 1105 as amended May 23, 2006

 1  license, a small game license, or a turkey license, for more than

 2  2 license years. An apprentice license shall be distinguished

 3  from a license other than an apprentice license by a notation or

 4  other means.

 5        (4) By October 1, 2008, the department shall submit to the

 6  <<standing committees of the senate and house of representatives

    with primary responsibility for conservation and outdoor recreation

    issues>> a report on the effect of the apprentice hunter

 7  program on recruitment of new hunters and other relevant issues,

 8  such as hunter safety.

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

10  hunt waterfowl without a current waterfowl hunting license issued

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

12  the requirements for a small game license and federal migratory

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

14  $5.00.

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

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

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

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

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

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

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

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

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

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

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

26  daily managed waterfowl area permit and any other license or

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

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

 2  waterfowl area permit is $13.00.

 3        (5) Following a lottery among applicants for hunting

 4  privileges in managed waterfowl areas, only those successful

 5  applicants who accept the hunting privileges are required to

 6  purchase a daily or annual managed waterfowl area permit.

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

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

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

10  waterfowl.

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

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

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

14  this state:

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

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

17        (8) The department shall charge a nonrefundable application

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

19  to hunt in a managed waterfowl area.