SENATE BILL No. 926

 

 

May 6, 2014, Introduced by Senators CASPERSON, PAVLOV, ROBERTSON, BOOHER, GREEN, MARLEAU, JONES, NOFS and PROOS and referred to the Committee on Outdoor Recreation and Tourism.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40102 and 40112 (MCL 324.40102 and 324.40112),

 

section 40102 as amended by 2007 PA 48 and section 40112 as amended

 

by 1996 PA 316.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40102. (1) "Aerial drone" means an unmanned vehicle or

 

device that uses aerodynamic forces to achieve flight.

 

     (2) (1) "Animals" means wild birds and wild mammals.

 

     (3) (2) "Bag limit" means the number of animals that may be

 

taken and possessed as determined by the department.

 

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

 

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

 

hold the string in the drawn position is provided by the archer's

 

muscles.


 

     (5) (4) "Buy" or "sell" means an exchange or attempt or offer

 

to exchange for money, barter, or anything of value.

 

     (6) (5) "Chase" means to follow animals with dogs or other

 

wild or domestic animals trained for that purpose.

 

     (7) (6) "Cormorant damage" means adverse impacts of double-

 

crested cormorants on fish, fish hatchery stock, wildlife, plants,

 

and their habitats and on man-made structures.

 

     (8) (7) "Cormorant depredation order" means the depredation

 

order for double-crested cormorants to protect public resources, 50

 

CFR 21.48, issued by the United States department of the interior,

 

fish and wildlife service.

 

     (9) (8) "Crossbow" means a weapon consisting of a bow mounted

 

transversely on a stock or frame and designed to fire an arrow,

 

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

 

by a mechanical or electric trigger and has a working safety and a

 

draw weight of 100 pounds or greater.

 

     (10) (9) "Deer or elk feeding" means the depositing,

 

distributing, or tending of feed in an area frequented by wild,

 

free-ranging white-tailed deer or elk. Deer or elk feeding does not

 

include any of the following:

 

     (a) Feeding wild birds or other wildlife if done in such a

 

manner as to exclude wild, free-ranging white-tailed deer and elk

 

from gaining access to the feed.

 

     (b) The scattering of feed solely as the result of normal

 

logging practices or normal agricultural practices.

 

     (c) The storage or use of feed for agricultural purposes if 1

 

or more of the following apply:


 

     (i) The area is occupied by livestock actively consuming the

 

feed on a daily basis.

 

     (ii) The feed is covered to deter wild, free-ranging white-

 

tailed deer or elk from gaining access to the feed.

 

     (iii) The feed is in a storage facility that is consistent with

 

normal agricultural practices.

 

     (d) Baiting to take game as provided by an order of the

 

commission under section 40113a.

 

     (11) (10) "Disability" means a determinable physical

 

characteristic of an individual that may result from disease,

 

injury, congenital condition of birth, or functional disorder.

 

     (12) (11) "Feed" means a substance composed of grain, mineral,

 

salt, fruit, vegetable, hay, or any other food material or

 

combination of these materials, whether natural or manufactured,

 

that may attract white-tailed deer or elk. Feed does not include

 

any of the following:

 

     (a) Plantings for wildlife.

 

     (b) Standing farm crops under normal agricultural practices.

 

     (c) Agricultural commodities scattered solely as the result of

 

normal agricultural practices.

 

     (13) (12) "Firearm" means a weapon from which a dangerous

 

projectile may be propelled by using explosives, gas, or air.

 

Firearm does not include a smooth bore rifle or handgun designed

 

and manufactured exclusively for propelling BB's BBs not exceeding

 

.177 caliber by means of a spring, air, or gas.

 

     Sec. 40112. (1) A person An individual shall not obstruct or

 

interfere in the lawful taking of animals by another


 

person.individual.

 

     (2) A person An individual violates this section when the

 

person individual intentionally or knowingly does any of the

 

following:

 

     (a) Drives or disturbs animals for the purpose of disrupting a

 

lawful taking.

 

     (b) Blocks, impedes, or harasses another person individual who

 

is engaged in the process of lawfully taking an animal.

 

     (c) Uses a natural or artificial visual, aural, olfactory,

 

gustatory, or physical stimulus to affect animal behavior in order

 

to hinder or prevent the lawful taking of an animal.

 

     (d) Erects barriers to deny ingress or egress to areas where

 

the lawful taking of animals may occur. This subdivision does not

 

apply to a person an individual who erects barriers to prevent

 

trespassing on his or her property.

 

     (e) Interjects himself or herself into the line of fire of a

 

person an individual lawfully taking wildlife.

 

     (f) Affects the condition or placement of personal or public

 

property intended for use in the lawful taking of an animal in

 

order to impair the usefulness of the property or prevent the use

 

of the property.

 

     (g) Enters or remains upon private lands without the

 

permission of the owner or the owner's agent, for the purpose of

 

violating this section.

 

     (h) Uses an aerial drone to interfere with or harass another

 

individual who is engaged in the process of lawfully taking an

 

animal.


 

     (i) (h) Engages in any other act or behavior for the purpose

 

of violating this section.

 

     (3) Upon petition of an aggrieved person or a person an

 

individual who reasonably may be aggrieved by a violation of this

 

section, a court of competent jurisdiction, upon a showing that a

 

person an individual was engaged in and threatens to continue to

 

engage in illegal conduct under this section, may enjoin that

 

conduct.

 

     (4) A person An individual who violates this section is guilty

 

of a misdemeanor , punishable by imprisonment for not more than 93

 

days , or a fine of not less than $500.00 or more than $1,000.00,

 

or both, and the costs of prosecution. A person An individual who

 

violates this section a second or subsequent time is guilty of a

 

misdemeanor , punishable by imprisonment for not more than 1 year ,

 

or a fine of not less than $1,000.00 or more than $2,500.00, or

 

both, and the costs of prosecution. In addition to the penalties

 

provided for in this subsection, any permit or license issued by

 

the department authorizing the person individual to take animals

 

shall be revoked. A prosecution under this section does not

 

preclude prosecution or other action under any other criminal or

 

civil statute.

 

     (5) This section does not apply to a peace officer while the

 

peace officer performs his or her lawful duties.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 927                                    

 

          of the 97th Legislature is enacted into law.