March 24, 2011, Introduced by Reps. Tyler, McBroom, Huuki, Horn, Crawford, Bumstead, McMillin, Opsommer and Shirkey and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 40103 and 41102 (MCL 324.40103 and 324.41102),
as amended by 2000 PA 191.
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
that is registered under the privately owned cervidae producers
marketing act, 2000 PA 190, MCL 287.951 to 287.969, or sporting
swine species located on a sporting swine livestock operation that
is registered under the sporting swine marketing act:
(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) Muskrat.
(v) Opossum.
(w) Otter.
(x) Pheasant.
(y) Quail.
(z) Rabbit.
(aa) Raccoon.
(bb) Ruffed grouse.
(cc) Sharptailed grouse.
(dd) Skunk.
(ee) Snipe.
(ff) Sora rail.
(gg) Squirrel.
(hh) Weasel.
(ii) Wild turkey.
(jj) Woodchuck.
(kk) Woodcock.
(ll) 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) "Normal agricultural practices" means generally accepted
agricultural and management practices as defined by the commission
of agriculture.
(5) "Open season" means the dates during which game may be
legally taken.
(6) "Parts" means any or all portions of an animal, including
the skin, plumage, hide, fur, entire body, or egg of an animal.
(7) "Protected" or "protected animal" means an animal or kind
of animal that is designated by the department as an animal that
shall not be taken.
(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. 41102. (1) The department, in accordance with this part,
may regulate the taking or killing of all fish, game and fur-
bearing animals, and game birds protected by the laws of this
state, and may suspend or abridge the open season provided by law
for the taking or killing of such fish, animals, or game birds in
any designated waters or area of this state, if in the opinion of
the department it is necessary to assist in the increased or better
protection of the fish, game or fur-bearing animals, or game birds,
or any particular kinds or species of fish, game or fur-bearing
animals, or game birds, which may in the opinion of the department
be threatened from any cause or causes with depletion or
extermination in the waters or area. The department may promulgate
rules and orders necessary to implement this part after a thorough
investigation has been made by the department.
(2)
This section does not apply to privately the following:
(a) Privately owned cervidae species located on a registered
cervidae livestock facility or involved in a registered cervidae
livestock operation under the privately owned cervidae producers
marketing act, 2000 PA 190, MCL 287.951 to 287.969.
(b) Sporting swine located on a sporting swine livestock
operation permitted under the sporting swine marketing act.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4503(request no.
01602'11).
(b) Senate Bill No.____ or House Bill No. 4505(request no.
01602'11 b).
(c) Senate Bill No.____ or House Bill No. 4506(request no.
01602'11 c *).