HOUSE BILL No. 5954

 

April 19, 2006, Introduced by Reps. Hummel, Vander Veen, Sheen, Baxter and Hansen and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40103 and 43505 (MCL 324.40103 and 324.43505),

 

section 40103 as amended by 2004 PA 160 and section 43505 as

 

amended by 1996 PA 585.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40103. (1) "Game" means any of the following animals but

 

does not include privately owned cervidae species located on a

 

registered cervidae livestock facility  as that term is defined in  

 

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) Mourning dove.

 

     (v) Muskrat.

 

     (w) Opossum.

 

     (x) Otter.

 

     (y) Pheasant.

 

     (z) Quail.

 

     (aa) Rabbit.

 

     (bb) Raccoon.

 

     (cc) Ruffed grouse.

 

     (dd) Sharptailed grouse.


 

     (ee) Skunk.

 

     (ff) Snipe.

 

     (gg) Sora rail.

 

     (hh) Squirrel.

 

     (ii) Weasel.

 

     (jj) Wild turkey.

 

     (kk) Woodchuck.

 

     (ll) Woodcock.

 

     (mm) Virginia rail.

 

     (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) "Muzzle-loading", for the purposes of this part and rules

 

promulgated or orders issued under this part, used in reference to

 

a firearm, means that the firearm is designed to use black powder

 

or a black powder substitute and cannot use fixed ammunition,

 

whether or not the firearm is loaded at the muzzle.

 

     (5)  (4)  "Normal agricultural practices" means generally

 

accepted agricultural and management practices as defined by the

 

commission of agriculture.

 

     (6)  (5)  "Open season" means the dates during which game may

 

be legally taken.

 

     (7)  (6)  "Parts" means any or all portions of an animal,

 

including the skin, plumage, hide, fur, entire body, or egg of an

 

animal.

 

     (8)  (7)  "Protected" or "protected animal" refers to or means


 

an animal or kind of animal that is designated by the department as

 

an animal that shall not be taken.

 

     (9)  (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.

 

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

 

shoot, kill, chase, follow, harass, harm, rob, or trap a wild

 

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

 

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

 

Michigan  this state, another state, or a Canadian province as

 

accepted by the department;  ,  a state of Michigan identification

 

card issued by the secretary of state;  ,  or a sportcard issued by

 

the department.

 

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

 

or other device that may include a stamp or a tag that authorizes

 

the licensee to hunt, fish, trap, or possess wild animals or

 

aquatic species, and other identification required by the

 

department.

 

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

 

     (5) "Muzzle-loading", for the purposes of this part and rules

 

promulgated or orders issued under this part, used in reference to

 

a firearm, means that the firearm is designed to use black powder

 

or a black powder substitute and cannot use fixed ammunition,

 

whether or not the firearm is loaded at the muzzle.

 

     (6)  (5)  "Nonresident" means a person who is not a resident


 

and who is 17 years of age or older.