HB-5180, As Passed House, March 15, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5180

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 40102, 40103, and 40114 (MCL 324.40102,

324.40103, and 324.40114), section 40102 as amended by 2015 PA 24,

section 40103 as amended by 2016 PA 382, and section 40114 as

amended by 2016 PA 356, and by adding section 40111d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 40102. (1) "Animals" means wild birds and wild mammals.

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

and possessed as determined by the department.

     (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.

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

exchange for money, barter, or anything of value.

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

domestic animals trained for that purpose.

     (6) "Conservation" means the wise use of natural resources.

(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) "Cub bear" means a bear that is less than 1 year of age.

(11) (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.

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

characteristic of an individual that may result from disease,

injury, congenital condition of birth, or functional disorder.

(13) (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.

(14) (12) "Firearm" means any weapon which that will, is

designed to, or may readily be converted to expel a projectile by

action of an explosive. A pneumatic gun , as defined in section 1

of 1990 PA 319, MCL 123.1101, other than a paintball gun that

expels by pneumatic pressure plastic balls filled with paint for

the purpose of marking the point of impact, is also considered a

firearm for the purpose of this act.

Sec. 40103. (1) "Game" means any species of wildlife

designated by the legislature or the commission as game under

section 40110 and any of the following animals but does not include

privately owned cervidae species located on a cervidae livestock

facility 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) 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) Virginia rail.

     (ii) Weasel.

     (jj) Wild turkey.

     (kk) Wolf.

     (ll) Woodchuck.

     (mm) Woodcock.

     (2) "Individual with a disability or physical limitation"

means a disabled person as that term is defined in section 19a of

the Michigan vehicle code, 1949 PA 300, MCL 257.19a.

(3) (2) "Interim order of the department" means an order of

the department issued under section 40108.

(4) (3) "Kind" means an animal's sex, age, or physical

characteristics.

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

accepted agricultural and management practices as defined by the

commission of agriculture and rural development.

(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) "Pneumatic gun" means any implement, designed as a gun,

that will expel a BB, bolt, arrow, or pellet by spring, gas, or

air. Pneumatic gun does not include a paintball gun that expels by

pneumatic pressure plastic balls filled with paint for the purpose

of marking the point of impact.

     (9) (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.

(10) (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.

     (9) "Conservation" means the wise use of natural resources.

     Sec. 40111d. (1) The commission may issue orders allowing an

individual to take game with a pneumatic gun during any open season

in which a firearm may be used for taking that game.

     (2) The department may issue a permit to an individual with a

disability or physical limitation to take game with a pneumatic gun

during any open season in which a bow may be used for taking game

if that individual submits a certification from a physician,

physical therapist, occupational therapist, or other medical

professional stating that after examination he or she has

determined that due to a physical disability or limitation the

individual is unable to hold, aim, and shoot a bow or crossbow. The

department shall develop and make available for use a certification

form under this subsection.

Sec. 40114. (1) The department may issue a permit to an

individual who is unable to walk because the individual is a

paraplegic or an amputee or because of a disease or injury that has

rendered the individual permanently disabled. through a dense

wooded area or is unable to walk 200 feet in field conditions due

to a permanent or temporary disability or a medical condition. A

permit issued under this subsection authorizes the individual to

take game during the open season for that game, including deer of

either sex, from or upon a standing vehicle if that individual

holds a license to take that game issued under part 435 and

complies with all other laws and rules for the taking of game.

     (2) The department may issue a permit to an individual who is

permanently disabled, who has full use of only 1 arm or less, and

who upon investigation is unable to hold, aim, and shoot a bow. A

permit issued under this subsection authorizes the individual to

take game during the open season for that game with a bow that has

been modified so that the bow may be held, aimed, and shot with 1

arm, if that individual holds a license to take that game issued

under part 435 and complies with all other laws and rules for the

taking of game.

     (3) The commission may issue an order under section 40113a

regulating the taking of game with a modified bow that may be shot

with 1 arm. Subsection (2) does not apply on or after the effective

date of such an order.

     (3) (4) In addition, the The department may issue permits

authorizing 1 or more of the following:

     (a) The taking or possession of animals for the purpose of

rehabilitating animals.

     (b) The taking of animals to prevent or control damage to

crops or feed, disease, or nuisance caused by the animals. The

taking of animals to prevent or control damage to crops or feed is

subject to the following:

     (i) Except during an open season for deer, deer may be taken

under this subdivision if the department determines that deer have

caused damage to emerging, standing, or harvested crops or to feed

properly stored in accordance with normal agricultural practices.

If the department receives a request for a permit issued under this

subdivision, the department shall, within 5 business days after

receiving the request, determine whether a permit should be issued.

If the department determines that a permit should not be issued

under this subdivision, the department shall deny the request in

writing within 10 business days after receiving the request. In

denying the request for a permit, the department shall advise the

applicant on other techniques for controlling or preventing damage

caused by deer.

     (ii) A permittee under a deer damage shooting permit may

designate not more than 15 authorized shooters to implement the

provisions of the permit unless the department authorizes

otherwise.

     (iii) Except during an open season for bear, bear may be taken

under this subdivision if the department determines that bear have

caused damage to emerging, standing, or harvested crops or to feed

properly stored in accordance with normal agricultural practices.

If the department receives a request for a permit issued under this

subdivision, the department shall, within 4 days after receiving

the request, respond to a request and evaluate whether a permit

should be issued. The department may, within 10 days after

responding to a request for a permit, attempt or recommend that the

applicant attempt other methods for controlling or preventing

damage caused by bear, if the applicant is not required to pay for

those methods. Within 10 days after responding to a request for a

permit, the department shall grant or deny the request in writing.

In denying the request for a permit, the department shall advise

the applicant on other techniques for controlling or preventing

damage caused by bear. A permittee under a bear damage shooting

permit may allow only an individual with a bear hunting license

issued under section 43528 for that bear management unit and

calendar year to implement the provisions of this subdivision. If

an individual takes a bear under this subdivision, that individual

shall not take another bear under a bear hunting license issued

under section 43528 during that calendar year. An individual

implementing this section is subject to the rules and regulations

for a bear hunting license issued under section 43528 except that

individuals shall not use bait to take a bear under this

subdivision. An individual shall not take a cub bear or a female

bear accompanied by a cub bear under this subdivision. Except as

otherwise provided in this subdivision, the department shall not

allow more than 5% of the bear hunting licenses issued for a bear

management unit to be used to implement the provisions of this

subdivision. In a bear management unit that offers fewer than 20

licenses, the department may allow 1 of those bear hunting licenses

to be used to implement the provisions of this section. If an

individual takes a bear under this subdivision, that individual

shall register that bear at a field office of the department within

72 hours of taking the bear.

     (c) The collection, transportation, possession, or disposition

of animals and parts of animals for scientific purposes.

     (d) The public exhibition of animals.

     (e) Taxidermy.

     (f) The disposition of accidentally or unlawfully taken or

injured animals or animals that are unlawfully possessed.

     (g) The taking of game with a crossbow by an individual who is

permanently or temporarily disabled.

     (h) The taking or possession of raptors for the purposes of

falconry.

(4) (5) The taking of animals pursuant to a permit issued

under subsection (4)(a), (3)(a), (b), (c), (d), (e), (f), and (h)

is not considered hunting.

(5) (6) A permit issued under this section may be suspended,

revoked, annulled, withdrawn, recalled, canceled, or amended

pursuant to the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328. If the holder of a permit is convicted of

violating the permit or this section, his or her permit or license

may be revoked and any animal and the parts of any animal in his or

her possession shall be disposed of in a manner approved by the

department.

(6) (7) Fees received for permits and licenses issued under

this section shall must be forwarded by the department to the state

treasurer to be credited to the game and fish protection account of

the Michigan conservation and recreation legacy fund provided for

in section 2010.

(7) (8) By March 30, 2018, the department shall issue a report

in electronic form to each member of the legislature that includes

all of the following:

     (a) The number of bear damage shooting permits issued under

subsection (4)(b)(iii).(3)(b)(iii).

     (b) The number of bears taken under subsection

(4)(b)(iii).(3)(b)(iii).

     (c) Any recommendations for changes to the bear damage

shooting permits under subsection (4)(b)(iii).(3)(b)(iii).

     (9) As used in this section, "cub bear" means a bear that is

less than 1 year of age.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.