March 1, 2006, Introduced by Senators McMANUS, PATTERSON, BISHOP, VAN WOERKOM, KUIPERS, JELINEK, GILBERT, PRUSI, CROPSEY, GOSCHKA and BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 43502, 43505, 43517, 43520, 43523, 43524,
43525, 43525a, 43526, 43527, 43528, 43529, and 43531 (MCL
324.43502, 324.43505, 324.43517, 324.43520, 324.43523, 324.43524,
324.43525, 324.43525a, 324.43526, 324.43527, 324.43528,
324.43529, and 324.43531), sections 43502, 43505, 43523, 43525,
43526, 43527, 43528, 43529, and 43531 as amended by 1996 PA 585,
sections 43517 and 43520 as added by 1995 PA 57, section 43524 as
amended by 2002 PA 81, and section 43525a as added by 1998 PA
291.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 43502. (1) "Accompany" means to go along with another
1 person while staying within a distance from the person that
2 enables uninterrupted, unaided visual and auditory communication.
3
(2) (1) "Amphibian"
means any a
frog, toad, salamander,
4 or any other member of the class amphibia.
5 (3) "Apprentice license" means a license issued under
6 section 43520(3).
7 (4) (2) "Aquatic species" means any
a fish, reptile,
8 amphibian, mollusk, aquatic insect, or crustacea or part thereof.
9 (5) (3) "Bow" means a device for propelling an
arrow from
10 a string drawn, held, and released by hand where the force used
11 to hold the string in the drawn position is provided by the
12 archer's muscles.
13 (6) (4) "Crossbow" means a weapon consisting of a
bow,
14 with a draw weight of 100 pounds or more, mounted transversely on
15 a stock or frame and designed to fire an arrow, bolt, or quarrel
16 by the release of a bow string
that is controlled
by a
17 mechanical or electric trigger
and has with a
working safety.
18 and a draw weight of 100 pounds or more.
19 (7) (5) "Crustacea" means any
a freshwater crayfish,
20 shrimp, or prawn of the order decapoda.
21 Sec. 43505. (1) "Hunt" and "hunting" mean to pursue,
22 capture, shoot, kill, chase, follow, harass, harm, rob, or trap a
23 wild animal, or to attempt to engage in such an activity.
24 (2) "Identification" means a driver license issued by
25 Michigan, another state, or a Canadian province as accepted by
26 the department, a state of Michigan identification card issued by
27 the secretary of state, or a sportcard issued by the department.
1 (3) "License" means a document or a tag, stamp, plastic
2 card, or other device that may include a stamp or a tag that
3 authorizes the licensee to hunt, fish, trap, or possess wild
4 animals or aquatic species and other identification required by
5 the department.
6 (4) "Minor child" means a person less than 17 years of age.
7 (5) "Nonresident" means a person who is not a resident. who
8 is 17 years of age or older.
9 Sec. 43517. A parent or legal guardian of a minor child
10 shall not permit or allow the minor child to hunt under the
11 authority of a license issued pursuant to this part except under
12 1 of the following conditions:
13 (a) The license is an apprentice license.
14
(b) The minor child hunts only on
land upon which the a
15 parent or guardian is not regularly domiciled without being
16 or the minor child is accompanied by the parent or guardian, or
17 another person authorized by
the a parent
or guardian who is 17
18 years of age or older.
19 Sec. 43520. (1) Subject to other requirements of this part,
20 the department may issue a hunting license to a minor child
21 subject to both of the following conditions:
22 (a) On application of a if all of the following
23 requirements are met:
24
(a) A parent or legal guardian of
the minor child , if the
25 minor child, when hunting on lands upon which the minor child's
26 parents are not regularly domiciled, is accompanied by the parent
27 or guardian or another person authorized by the parent or
1 guardian who is 17 years of age or older.
2 (b) Payment of the license fee.
3 (2) A applies
for the license on behalf of the minor child.
4 (b) One of the following applies:
5 (i) The parent or legal guardian represents that the
6 apprentice license requirements will be complied with.
7 (ii) The parent or legal guardian represents that the
8 requirements of section 43517(b) will be complied with.
9 (c) The minor child is not less than 12 years of age or, if
10 the license is a license to hunt deer, bear, or elk with a
11 firearm, shall not be issued to a person who is the minor child
12 is not less than 14 years of age.
13 (3) A license to hunt shall not be issued to a person who is
14 less than 12 years of age.
15 (d) The license fee is paid.
16
(2) (4) A person authorized to sell hunting licenses shall
17 not issue a hunting license, other than an apprentice license, to
18 a person born after January 1, 1960, unless the person presents
19 proof of previous hunting experience in the form of a hunting
20 license, other than an apprentice license or the equivalent,
21 issued by this state, another state, a province of Canada, or
22 another country or presents a certification of completion of
23 training in hunter safety issued to the person by this state,
24 another state, a province of Canada, or another country. If an
25 applicant for a hunting license does not have proof of such a
26 previous license or a certification of completion of training in
27 hunter safety, a person authorized to sell hunting licenses may
1 issue a hunting license if the applicant submits a signed
2 affidavit stating that they have the applicant has completed
a
3 course in hunter safety or that
they have the applicant
4 possessed such a hunting license previously. The person selling a
5 hunting license shall record as specified by the department the
6 form of proof of the previous hunting experience or certification
7 of completion of hunter safety training presented by the
8 applicant.
9 (3) A person who does not meet the requirements of
10 subsection (2) may obtain an apprentice license for the same
11 price as the corresponding regular license that the person would
12 otherwise be qualified to obtain. A person less than 17 years of
13 age shall not hunt game under an apprentice license unless the
14 person is accompanied by another person 21 years of age or older
15 who is licensed to hunt that game under a regular license. A
16 person 17 years of age or older shall not hunt game under an
17 apprentice license unless the person is accompanied by another
18 person 21 years of age who is licensed to hunt that game under a
19 regular license and that regular licensee is not accompanying
20 more than 2 apprentice licensees. A person shall not accompany,
21 for the purposes of this subsection, more than 2 apprentice
22 licensees of any age at a time. A person is eligible to obtain
23 apprentice licenses only during 2 license years. An apprentice
24 license shall be distinguished from a regular license by a
25 notation or other means. The commission may issue an order
26 pursuant to section 40113a to implement this section. This
27 subsection applies to licenses that are valid beginning on or
1 after March 1, 2007.
2 (4) As used in this section, "regular license" means a
3 license that is not an apprentice license.
4 Sec. 43523. (1) Except as otherwise provided in this part, a
5 person shall not hunt small game without a current small game
6 license. Each small game license authorizes the person named in
7 the license to hunt for small game except for animals or birds
8 that require a special license.
The fee for a resident small
9 game license is $13.00. Beginning in 1999, the fee for a resident
10 small game license is $14.00. Beginning in 2001, the fee for a
11 resident small game license is $15.00. If
authorized in an order
12 issued under part 401, a resident possessing a current small game
13 license may take specified fur-bearing animals by means other
14 than trapping during the open season for hunting these fur-
15 bearing animals. The fee for a
resident or nonresident who is 12
16 years of age through 16 years of age for a small game license is
17 $1.00. The fee for a nonresident small game license is $60.00.
18 Beginning in 1999, the fee for a nonresident small game license
19 is $65.00. Beginning in 2001, the fee for a nonresident small
20 game license is $69.00.
21 (2) A small
game license is as follows:
22 (a) Subject to subdivision (b), for a resident, $15.00.
23 (b) For a resident who is 12 years of age through 16 years
24 of age, $1.00.
25 (c) Subject to subdivision (d), for a nonresident, $69.00.
26 However, a nonresident may purchase a limited nonresident small
27 game license entitling that person to hunt for a 3-day period all
1 species of small game that are available to hunt under a
2 nonresident small game license. The fee for a limited
3 nonresident small game license is $26.00. Beginning in 1999, the
4 fee for a limited nonresident small game license is $28.00.
5 Beginning in 2001, the fee for a limited nonresident small game
6 license is $30.00.
7 (d) For a nonresident who is 12 years of age through 16
8
years of age, $6.00. Beginning in
2001, the fee for a limited
9 nonresident small game license is $30.00.
10 (2) (3) A small game license is void between the hours of
11 1/2 hour after sunset and 1/2 hour before sunrise.
12 Sec. 43524. (1) A person shall not hunt wild turkey without
13 a wild turkey hunting license. The fee for a resident
wild
14 turkey hunting license is
$15.00. The fee for a nonresident
wild
15 turkey hunting license is $69.00. as follows:
16 (a) For a resident, $15.00.
17 (b) Subject to subdivision (c), for a nonresident, $69.00.
18 (c) For a nonresident who is 12 years of age through 16
19 years of age, $20.00.
20 (2) Subject to the requirements of section 40113a, the
21 commission may issue an order requiring that all applications for
22 wild turkey hunting licenses, or applications for wild turkey
23 hunting licenses for certain geographic areas, be entered into a
24 lottery designed and run by the department. A person selected in
25 a lottery, upon meeting the requirements of this part, is
26 authorized to purchase a wild turkey hunting license. The license
27 shall be issued for a specified hunting period and shall confer
1 upon the holder of the license the right to hunt wild turkeys.
2 (3) (2) The department may charge a nonrefundable
3 application fee not to exceed $4.00 for each application for a
4 wild turkey hunting license that is entered into a lottery
5 pursuant to subsection (1) (2).
6 (4) (3) From fees collected under subsection (1) or (2)
7 (3), the following amounts shall be used for scientific research,
8 biological survey work on wild turkeys, and wild turkey
9 management in this state:
10 (a) Resident wild turkey hunting license............ $ 9.50
11 (b) Nonresident wild turkey hunting license......... $ 50.00
12 (c) Senior wild turkey hunting license.............. $ 1.00
13 (d) Wild turkey hunting application....... amount of ap-
14 plication fee,
15 if any, but
16 not more than
17 $ 3.00.
18 Sec. 43525. (1) A person 16 years of age or older shall not
19 hunt waterfowl without a current waterfowl hunting license issued
20 by this state. The annual license requirement is in addition to
21 the requirements for a small game license and federal migratory
22 bird hunting stamp. The fee for the waterfowl hunting license is
23 $5.00.
24 (2) If issued as a stamp, a waterfowl hunting license shall
25 be affixed to the small game license of the person and signed
26 across the face of the stamp by the person to whom it is issued.
27 (3) A collector may purchase a waterfowl hunting license, if
1 it is issued as a stamp, without being required to place it on a
2 small game license, sign across its face, or provide proof of
3 competency under section 43520(4) 43520(2). However, a
license
4 described in this subsection is not valid for hunting waterfowl.
5 (4) A person shall not hunt waterfowl, or deer if deer
6 hunting is regulated by permit in an area designated by the
7 department as a managed waterfowl area, without an annual or
8 daily managed waterfowl area permit and any other license or
9 permit required by this part. The fee for a daily managed
10 waterfowl area permit is $4.00. The fee for an annual managed
11 waterfowl area permit is $13.00.
12 (5) Following a lottery among applicants for hunting
13 privileges in managed waterfowl areas, only those successful
14 applicants who accept the hunting privileges are required to
15 purchase a daily or annual managed waterfowl area permit.
16 (6) From the fees fee
collected for a
each waterfowl
17 hunting license, $3.50 from each license sold shall
be used to
18 acquire wetlands and other lands to be managed for the benefit of
19 waterfowl.
20 (7) The following amounts from the fees fee collected
for
21 each annual or daily managed waterfowl area permit sold shall be
22 used to operate, maintain, and develop managed waterfowl areas in
23 this state:
24 (a) Daily managed waterfowl area permit........... $ 3.00.
25 (b) Annual managed waterfowl area permit.......... $10.00.
26 (8) The department shall charge a nonrefundable application
1 fee not to exceed $4.00 for each person who applies for a permit
2 to hunt in a managed waterfowl area.
3 Sec. 43525a. (1) The department shall issue a combination
4 deer license that authorizes a person to hunt deer both during
5 the firearm deer seasons and the bow and arrow seasons, in
6 compliance with the rules established for the respective deer
7 hunting season. A combination deer license shall authorize the
8 holder to take 2 deer in compliance with orders issued under part
9 401.
10 (2) The fee for a resident combination deer license is the
11 total of the resident firearm deer license fee plus the resident
12 bow and arrow deer license fee. The fee for a nonresident
13 combination deer license is the total of the nonresident firearm
14 deer license fee plus the nonresident bow and arrow deer license
15 fee. The fee for a combination deer license for a resident or
16 nonresident who is 12 years of age through 16 years of age shall
17 be discounted 50% from the cost of the resident combination deer
18 license. The fee for a combination deer license for a nonresident
19 who is 12 years of age through 16 years of age shall be $5.00
20 higher than the fee for a combination deer license for a resident
21 of the same age.
22 (3) When advisable in managing deer, an order under part 401
23 may designate the kind of deer that may be taken and the
24 geographic area in which any license issued under this section is
25 valid.
26 (4) The department may issue kill tags with or as part of
27 each combination deer license. Each kill tag shall bear the
1 license number. A kill tag may also include space for other
2 pertinent information required by the department. A kill tag, if
3 issued, is part of the license and shall not be used more than 1
4 time.
5 (5) The combination deer license shall count as 2 licenses
6 for the purposes of license fees under section 43536a,
7 discounting under subsection 43521(c), and transmittal, deposit,
8 and use of fees under sections 43554 and 43555.
9 (6) A senior citizen may obtain a senior combination deer
10 license. The fee for a senior combination deer license shall be
11 discounted at the same rate as provided in section 43535.
12 (7) A combination deer license issued to a person less than
13 14 years of age is valid only for taking deer with a bow and
14 arrow, until the person is 14 years of age or older.
15 (8) Notwithstanding any other provision of this part, except
16 for replacing lost or destroyed licenses, a person shall not
17 apply for, obtain, or purchase any combination of firearm deer
18 licenses, bow and arrow deer licenses, and combination deer
19 licenses that would authorize the taking of more than 2 deer.
20 Sec. 43526. (1) A person shall not hunt deer during the
21 firearm deer season without purchasing a firearm deer license.
22 The fee for a resident firearm deer license is $13.00. Beginning
23 in 1999, the fee for a resident firearm deer license is $14.00.
24 Beginning in 2001, the fee for a resident firearm deer license is
25 $15.00. The fee for a nonresident firearm deer license is
26 $120.00. Beginning in 1999, the fee for a nonresident firearm
27 deer license is $129.00. Beginning in 2001, the fee for a
1 nonresident firearm deer license is $138.00. firearm deer
2 license is as follows:
3 (a) For a resident, $15.00.
4 (b) Subject to subdivision (c), for a nonresident, $138.00.
5 (c) For a nonresident who is 12 years of age through 16
6 years of age, $20.00.
7 (2) Where authorized by the department, a resident or
8 nonresident may purchase a second firearm deer license in 1
9 season for the fee assessed under this subsection
(1) for the
10 firearm deer license for which that person is eligible. However,
11 a senior license discount is not available for the purchase of a
12 second firearm deer license. The department may issue orders
13 under part 401 designating the kind of deer that may be taken and
14 the geographic area in which any license issued under this
15 section is valid, when if
advisable in managing deer.
16 (3) (2) The department may issue a kill tag with or as
17 part of each deer license. The kill tag shall bear the license
18 number. The kill tag may also include space for other pertinent
19 information required by the department. The kill tag, if issued,
20 is part of the license.
21 (4) (3) The department shall charge a nonrefundable
22 application fee not to exceed $4.00 for each person who applies
23 for an antlerless deer license. Except as otherwise provided in
24 section 43521, the fee for
a resident antlerless deer license
is
25 $13.00. Beginning in 1999, the fee for a resident antlerless deer
26 license is $14.00. Beginning in 2001, the fee for a resident
27 antlerless deer license is $15.00. The fee for a nonresident
1 antlerless deer license is $120.00. Beginning in 1999, the fee
2 for a nonresident antlerless deer license is $129.00. Beginning
3 in 2001, the fee for a nonresident antlerless deer license is
4 $138.00. an
antlerless deer license is the same as the fee for a
5 firearm deer license under subsection (1).
6 Sec. 43527. (1) A person shall not hunt deer with a bow and
7 arrow or crossbow during the bow and arrow deer season without a
8 bow and arrow deer license. The fee for a resident bow and arrow
9 deer license is $13.00. Beginning in 1999, the fee for a resident
10 bow and arrow deer license is $14.00. Beginning in 2001, the fee
11 for a resident bow and arrow deer license is $15.00. The fee for
12 a resident or nonresident who is 12 years of age through 16 years
13 of age for a bow and arrow deer license shall be discounted 50%
14 from the cost of the resident bow and arrow deer license. The fee
15 for a nonresident bow and arrow deer license is $120.00.
16 Beginning in 1999, the fee for a nonresident bow and arrow deer
17 license is $129.00. Beginning in 2001, the fee for a nonresident
18 bow and arrow deer license is $138.00. bow and arrow deer
19 license is as follows:
20 (a) Subject to subdivision (b), for a resident, $15.00.
21 (b) For a resident who is 12 years of age through 16 years
22 of age, $7.50.
23 (c) Subject to subdivision (d), for a nonresident, $138.00.
24 (d) For a nonresident who is 12 years of age through 16
25 years of age, $12.50.
26 (2) Where authorized by the department, a person may
27 purchase a second bow and arrow deer license in 1 season for the
1 fee assessed under this subsection (1)
for the bow and arrow
2 deer license for which that person is eligible. However, a senior
3 license discount is not available for the purchase of a second
4 bow and arrow deer license. The department may issue orders under
5 part 401 designating the kind of deer which that may
be taken
6 and the geographic area in which any license issued under this
7 section is valid, when if
advisable in managing deer.
8 (3) (2) The department may issue a kill tag with, or as a
9 part of, each bow and arrow deer license. Section 43526(2)
10 43526(3) applies with respect to a bow and arrow deer license.
11 Sec. 43528. (1) A person shall not hunt bear without a bear
12 hunting license. The fee for a resident bear hunting license is
13 $13.00. Beginning in 1999, the fee for a resident bear hunting
14 license is $14.00. Beginning in 2001, the fee
for a resident
15 bear hunting license is $15.00. The fee for a nonresident bear
16 hunting license is $150.00.
17 (2) The department may issue a tag with, or as a part of, a
18 bear hunting license. Section
43526(2) 43526(3) applies with
19 respect to a bear hunting license.
20 (3) In addition to the license fees in subsection (1), the
21 department shall charge a nonrefundable application fee not to
22 exceed $4.00 for each person who applies for a bear hunting
23 license.
24 Sec. 43529. (1) A resident shall not hunt elk during the elk
25 season without an elk hunting license. The fee for an elk hunting
26 license is $100.00. The department may establish a nonrefundable
27 application fee not to exceed $4.00 for each person who applies
1 for an elk hunting license.
2 (2) The department may issue a kill tag with, or as a part
3 of, an elk hunting license. Section 43526(2) 43526(3) applies
4 with respect to an elk hunting license.
5 Sec. 43531. (1) Except as otherwise provided in section
6 43523(1), a person shall not trap or hunt fur-bearing animals
7 without purchasing and possessing a fur harvester's license. The
8 fee for a resident fur harvester's license is $13.00. Beginning
9 in 1999, the fee for a resident fur harvester's license is
10 $14.00. Beginning in 2001, the fee for a resident fur
11 harvester's license is $15.00.
The However, the fee for a
12 resident or nonresident who is 12 years of age through 16 years
13 of age for a fur harvester's license shall be discounted 50%
14 from the cost of the resident fur harvester's license is $7.50.
15 (2) The department may issue a nonresident fur harvester's
16 license to a nonresident of this state if the state, province, or
17 country in which the nonresident applicant resides allows
18 residents of this state to obtain equivalent hunting and trapping
19 privileges in that state, province, or country. The fee for an
20 eligible nonresident fur harvester's license is $150.00. However,
21 the fee for an eligible nonresident who is 12 years of age
22 through 16 years of age for a fur harvester's license is $12.50.
23 Nonresident fur harvester's licenses shall not be sold or
24 purchased prior to November 15 of each year.
25 (3) A person who holds a fur harvester's license may hunt
26 fur-bearing animals during the season open to taking fur-bearing
27 animals with firearms and may trap fur-bearing animals during the
1 season open to trapping fur-bearing animals.