May 17, 2018, Introduced by Rep. Lauwers and referred to the Committee on Agriculture.
A bill to amend 2000 PA 274, entitled
"Large carnivore act,"
by amending section 22 (MCL 287.1122), as amended by 2013 PA 8.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 22. (1) Sections 4, 5, and 6 do not apply to any of the
following:
(a) An animal control shelter or animal protection shelter.
(b) A person licensed or approved by the department of natural
resources
of this state or by the United States fish Fish and
wildlife
service Wildlife Service of the United States department
Department
of the interior. Interior. This subdivision does not
apply to a person in possession of 1 or more black bears under the
authority of a permit to hold wildlife in captivity issued by the
department of natural resources.
(c) A zoological park approved or accredited by the American
zoo
Zoo and aquarium association.Aquarium Association.
(d)
A person approved by the association Association of
sanctuaries
Sanctuaries or the American sanctuary
association.Sanctuary Association.
(e) A law enforcement officer acting under the authority of
this act.
(f) A veterinarian temporarily in possession of a large
carnivore to provide veterinary care for or humanely euthanize the
large carnivore.
(2) Sections 4, 5, 6(1)(d) to (5)(d), 8, and 14(3) do not
apply to a person who is not a resident of this state and who is in
this state only for the purpose of travel between locations outside
of this state.
(3) Subject to subsection (2), this act does not apply to a
person who meets all of the following requirements:
(a) Is conducting a for-profit or nonprofit business, if the
primary purpose of that business is the presentation of animals
including large carnivores to the public for education or
exhibition purposes.
(b) Is a class C licensee that possesses and maintains a class
C license under 9 CFR parts 1 and 2.
(c) Meets or exceeds all standards, including but not limited
to standards for training, housing, care, and transport of large
carnivores, required of a class C licensee under 9 CFR parts 1 and
2.
(d) Except as provided in subsection (4), does not allow a
patron to do any of the following:
(i) Come into direct contact with a large carnivore.
(ii) Come into close enough contact with a large carnivore
over 20 weeks of age so as to place the patron in jeopardy of being
harmed by the large carnivore.
(e) Does not sell large carnivores, except to another person
that meets the requirements of this subsection.
(f) Does not breed large carnivores.
(4) This act does not apply to a person who allows a patron to
come into contact with a large carnivore under subsection (3)(d)(i)
or (ii) if the large carnivore is a bear less than 36 weeks of age
or a bear weighing 90 pounds or less if the person otherwise meets
the requirements of subsection (3) and satisfies 1 of the
following:
(a)
The person was in possession of a bear on the effective
date
of the 2013 amendatory act that amended this section.March 26,
2013.
(b) The person acquired a business described in subsection
(3)(a)
from a person who was in possession of a bear on the
effective
date of the 2013 amendatory act that amended this
section.March 26, 2013.
(5) Notwithstanding any law to the contrary, a person who
meets the requirements of subsection (4) may breed not more than 4
black bears per year if the person satisfies all of the following
conditions:
(a) The person does not transfer a large carnivore to any of
the following:
(i) A person that is not qualified or capable, as determined
by the department, of safely maintaining the large carnivore or
ensuring its well-being.
(ii) An animal auction or a person that may display or sell
the large carnivore at an animal auction.
(iii) A person that allows the hunting of large carnivores.
(b) The person does not raise a large carnivore for the
purpose of providing food, fur, pelts, body parts, organs, or
bodily fluids, or transfer a large carnivore to a person that will
use the large carnivore for any of those purposes.
(c) The person does not perform disfiguring procedures,
including, but not limited to, declawing or canine tooth removal,
unless considered medically necessary by a licensed veterinarian.
(6) (5)
This act does not apply to a
circus.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.