SENATE BILL NO. 1283 September 16, 1998, Introduced by Senator MC MANUS and referred to the Committee on Hunting, Fishing and Forestry. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36505 (MCL 324.36505), as added by 1995 PA 59, and by adding section 40107a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 36505. (1) Except as otherwise provided in this part, 2 a person shall not take, possess, transport, import, export, pro- 3 cess, sell, offer for sale, buy, or offer to buy, and a common or 4 contract carrier shall not transport or receive for shipment, any 5 species of fish, plants, or wildlife appearing on the following 6 lists: 7 (a) The list of fish, plants, and wildlife indigenous to the 8 state determined to be endangered or threatened within the state 9 pursuant to section 36503 or subsection (3). 05174'97 TMV 2 1 (b) The United States list of endangered or threatened 2 native fish and wildlife. 3 (c) The United States list of endangered or threatened 4 plants. 5 (d) The United States list of endangered or threatened for- 6 eign fish and wildlife. 7 (2) A species of fish, plant, or wildlife appearing on any 8 of the lists delineated in subsection (1) which enters the state 9 from another state or from a point outside the territorial limits 10 of the United States may enter, be transported, possessed, and 11 sold in accordance with the terms of a federal permit issued pur- 12 suant to section 10 of the endangered species act of 1973, Public 13 Law 93-205, 16 U.S.C. 1539, or an applicable permit issued under 14 the laws of another state. 15 (3) The department may, by rule, treat any species as an 16 endangered species or threatened species even though it is not 17 listed pursuant to section 36503, if it finds any of the 18 following: 19 (a) The species so closely resembles in appearance, at the 20 point in question, a species which is listed pursuant to section 21 36503 that enforcement personnel would have substantial diffi- 22 culty in attempting to differentiate between the listed and 23 unlisted species. 24 (b) The effect of the substantial difficulty in differenti- 25 ating between a listed and an unlisted species is an additional 26 threat to an endangered or threatened species. 05174'97 3 1 (c) The treatment of an unlisted species will substantially 2 facilitate the enforcement and further the intent of this part. 3 (4) The department may permit the taking, possession, pur- 4 chase, sale, transportation, exportation, or shipment of species 5 of fish, plants, or wildlife which appear on the state list of 6 endangered or threatened species compiled pursuant to section 7 36503 and subsection (3) for scientific, zoological, or educa- 8 tional purposes, for propagation in captivity of such fish, 9 plants, or wildlife to ensure their survival. 10 (5) Upon good cause shown and where necessary to alleviate 11 damage to property or to protect human health, endangered or 12 threatened species found on the state list compiled pursuant to 13 section 36503 and subsection (3) may be removed, captured, or 14 destroyed, but only pursuant to a permit issued by the 15 department. Carnivorous animals found on the state list may be 16 removed, captured, or destroyed by any person in emergency situa- 17 tions involving an immediate threat to human life, but the remov- 18 al, capture, or destruction shall be reported to the department 19 within 24 hours of the act. 20 (6) This section does not prohibit any of the following: 21 (a) The importation of a trophy under a permit issued pursu- 22 ant to section 10 of the endangered species act of 1973, Public 23 Law 93-205, 16 U.S.C. 1539, which is not for resale and which was 24 lawfully taken in a manner permitted by the laws of the state, 25 territory, or country where the trophy was caught, taken, or 26 killed. 05174'97 4 1 (b) The taking of a threatened species when the department 2 has determined that the abundance of the species in the state 3 justifies a controlled harvest not in violation of federal law. 4 (C) SUBJECT TO ANY PERMITS THAT MAY BE REQUIRED BY THE 5 DEPARTMENT, THE POSSESSION, TRANSFER, TRANSPORTATION, IMPORTA- 6 TION, OR EXPORTATION OR THE TRANSPORT OR RECEIPT FOR SHIPMENT BY 7 A COMMON OR CONTRACT CARRIER OF A RAPTOR OR THE CAPTIVE-BRED 8 PROGENY OF A RAPTOR, A RAPTOR EGG, OR RAPTOR SEMEN ACQUIRED IN 9 ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS 10 WHICH ALLOW RAPTORS, RAPTOR EGGS, OR RAPTOR SEMEN TO BE USED IN 11 FALCONRY OR IN THE CAPTIVE PROPAGATION OF RAPTORS FOR USE IN 12 FALCONRY. 13 (D) SUBJECT TO ANY PERMITS THAT MAY BE REQUIRED BY THE 14 DEPARTMENT, THE SELLING, OFFERING FOR SALE, BUYING, OR OFFERING 15 TO BUY A RAPTOR THAT WAS CAPTIVE-BRED OR SEMEN FROM A RAPTOR THAT 16 WAS CAPTIVE-BRED IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL 17 LAWS AND REGULATIONS WHICH ALLOW RAPTORS OR RAPTOR SEMEN TO BE 18 USED IN FALCONRY OR IN CAPTIVE PROPAGATION OF RAPTORS FOR USE IN 19 FALCONRY. 20 SEC. 40107A. THE DEPARTMENT SHALL ISSUE AN ORDER IN THE 21 MANNER PROVIDED IN SECTION 40107(2) ESTABLISHING A SEASON OR SEA- 22 SONS FOR FALCONERS TO TAKE LIVE RAPTORS FOR USE IN FALCONRY. THE 23 ORDER SHALL DESIGNATE THE SPECIES AND NUMBERS OF RAPTORS THAT MAY 24 BE TAKEN AND POSSESSED AND ANY OTHER CONDITIONS PERTAINING TO THE 25 TAKING AND POSSESSION OF RAPTORS THAT THE DEPARTMENT CONSIDERS 26 ADVISABLE. THIS SECTION DOES NOT AND AN ORDER ISSUED UNDER THIS 27 SECTION SHALL NOT DESIGNATE ANY SPECIES OF RAPTOR AS GAME. THIS 05174'97 5 1 SECTION DOES NOT PROHIBIT THE DEPARTMENT FROM DETERMINING THAT 2 ANY SPECIES OF RAPTOR IS A PROTECTED ANIMAL. 05174'97 Final page. TMV