December 10, 2015, Introduced by Rep. Kivela and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40118 (MCL 324.40118), as amended by 2012 PA
520.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
40118. (1) A person An
individual who violates this part,
an order or interim order issued under this part, or a condition of
a permit issued under this part, except for a violation specified
in
subsections (2) to (12), (13),
is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days, or a fine of
not less than $50.00 or more than $500.00, or both, and the costs
of prosecution. In addition, a permit issued by the department
under this part shall be revoked pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2)
A person An individual who violates a provision of this
part or an order or interim order issued under this part regarding
the possession or taking of any game, except deer, bear, wild
turkey, wolf, moose, or elk, is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days, or a fine of not less
than $100.00 or more than $1,000.00, or both, and the costs of
prosecution.
(3)
Except as otherwise provided in this subsection, a person
an individual who violates a provision of this part or an order or
interim order issued under this part regarding the possession or
taking of deer, bear, wild turkey, or wolf is guilty of a
misdemeanor and shall be punished by imprisonment for not less than
5 days or more than 90 days, and a fine of not less than $200.00 or
more
than $1,000.00, and the costs of prosecution. A person An
individual shall not be punished under this subsection for lawfully
removing, capturing, or destroying a wolf under 2008 PA 290, MCL
324.95151 to 324.95155, or 2008 PA 318, MCL 324.95161 to 324.95167.
(4)
A person An individual who violates a provision of this
part or an order or interim order issued under this part regarding
the possession or taking of elk is guilty of a misdemeanor
punishable by imprisonment for not less than 30 days or more than
180 days, or a fine of not less than $500.00 or more than
$2,000.00, or both, and the costs of prosecution.
(5)
A person An individual who violates a provision of this
part or an order or interim order issued under this part regarding
the possession or taking of moose is guilty of a misdemeanor and
shall be punished by imprisonment for not less than 90 days or more
than 1 year and a fine of not less than $1,000.00 or more than
$5,000.00, and the costs of prosecution.
(6)
A person An individual sentenced pursuant to under
subsection (3), (4), (5), (10), or (11) shall not secure or possess
a license of any kind to hunt during the remainder of the year in
which
convicted and the next 3 succeeding calendar years. A person
An
individual sentenced pursuant to under subsection
(7) shall not
secure or possess a license to hunt during the remainder of the
year in which convicted and the next succeeding calendar year.
(7)
A person An individual who violates section 40113(1) is
guilty of a misdemeanor punishable by imprisonment for not less
than 5 days or more than 90 days, or a fine of not less than
$100.00 or more than $500.00, or both, and the costs of
prosecution.
(8)
A person An individual who violates section 40113(2) is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days, or a fine of not less than $50.00 or more than
$500.00, or both, and the costs of prosecution.
(9)
A person An individual who violates section 40113(3) is
guilty of a misdemeanor and shall be punished by imprisonment for
not less than 5 days or more than 90 days and a fine of not less
than $100.00 or more than $500.00, and the costs of prosecution.
(10)
A person An individual who violates a provision of this
part or an order or interim order issued under this part regarding
the taking or possession of an animal that has been designated by
the department to be a protected animal, other than an animal that
appears
on a list prepared pursuant to under
section 36505, is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not less than $100.00 or more than
$1,000.00, or both, and the costs of prosecution.
(11)
A person An individual who buys or sells game or a
protected animal in violation of this part or an order or interim
order issued under this part is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more
than $1,000.00, or both, for the first offense, and is guilty of a
felony for each subsequent offense.
(12) An individual who violates a provision of this part or an
order or interim order issued under this part regarding the
importation of deer or elk carcasses from a state or province
detected to have chronic wasting disease in free-ranging deer or
elk populations is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not less than
$500.00 or more than $2,000.00, or both, and the costs of
prosecution.
(13)
(12) If a person an individual is convicted
of a
violation of this part or an order or interim order issued under
this part and it is alleged in the complaint and proved or admitted
at trial or ascertained by the court after conviction that the
person
individual had been previously convicted 2 times within the
preceding 5 years for a violation of this part or an order or
interim
order issued under this part, the person individual is
guilty of a misdemeanor and shall be punished by imprisonment for
not less than 10 days or more than 180 days, and a fine of not less
than $500.00 or more than $2,000.00, and costs of prosecution.