HOUSE BILL No. 5478


     November 29, 2001, Introduced by Reps. Cameron Brown, Rocca, Kowall, Bradstreet and Julian and referred to the Committee on Conservation
and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending sections 40103 and 40113a (MCL 324.40103 and

   324.40113a), section 40103 as amended by 2000 PA 191 and section

   40113a as amended by 1997 PA 19; and to repeal acts and parts of

   acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 40103.  (1) "Game" means any  of the following animals

 2
      ANIMAL DESIGNATED AS GAME PURSUANT TO SECTION 40113A, but does

 3
      not include privately owned cervidae species located on a regis-

 4
      tered cervidae livestock facility.  as that term is defined in

 5
      the privately owned cervidae producers marketing act:

 6
           (a) Badger.

 7
           (b) Bear.




   05980'01                                                 TMV                                   2

 1
           (c) Beaver.

 2
           (d) Bobcat.

 3
           (e) Brant.

 4
           (f) Coot.

 5
           (g) Coyote.

 6
           (h) Crow.

 7
           (i) Deer.

 8
           (j) Duck.

 9
           (k) Elk.

10
           (l) Fisher.

11
           (m) Florida gallinule.

12
           (n) Fox.

13
           (o) Geese.

14
           (p) Hare.

15
           (q) Hungarian partridge.

16
           (r) Marten.

17
           (s) Mink.

18
           (t) Moose.

19
           (u) Muskrat.

20
           (v) Opossum.

21
           (w) Otter.

22
           (x) Pheasant.

23
           (y) Quail.

24
           (z) Rabbit.

25
           (aa) Raccoon.

26
           (bb) Ruffed grouse.





   05980'01                                   3

 1
           (cc) Sharptailed grouse.

 2
           (dd) Skunk.

 3
           (ee) Snipe.

 4
           (ff) Sora rail.

 5
           (gg) Squirrel.

 6
           (hh) Weasel.

 7
           (ii) Wild turkey.

 8
           (jj) Woodchuck.

 9
           (kk) Woodcock.

10
           (ll) Virginia rail.

11
           (2) "Interim order of the department" means an order of the

12
      department issued under section 40108.

13
           (3) "Kind" means an animal's sex, age, or physical

14
      characteristics.

15
           (4) "Normal agricultural practices" means generally accepted

16
      agricultural and management practices as defined by the commis-

17
      sion of agriculture.

18
           (5) "Open season" means the dates during which game may be

19
      legally taken.

20
           (6) "Parts" means any or all portions of an animal, includ-

21
      ing the skin, plumage, hide, fur, entire body, or egg of an

22
      animal.

23
           (7) "Protected" or "protected animal" means an animal or

24
      kind of animal that is designated by the department as an animal

25
      that shall not be taken.

26
           (8) "REGISTERED CERVIDAE LIVESTOCK FACILITY" MEANS A

27
      CERVIDAE LIVESTOCK FACILITY, AS DEFINED IN SECTION 2 OF THE



   05980'01                                   4

 1
      PRIVATELY OWNED CERVIDAE PRODUCERS MARKETING ACT, 2000 PA 190,

 2
      MCL 287.952, THAT IS REGISTERED UNDER SECTION 5 OF THE PRIVATELY

 3
      OWNED CERVIDAE PRODUCERS MARKETING ACT, 2000 PA 190, MCL 287.955.

 4
           (9)  (8)  "Residence" means a permanent building serving as

 5
      a temporary or permanent home.  Residence may include a cottage,

 6
      cabin, or mobile home, but does not include a structure designed

 7
      primarily for taking game, a tree blind, a tent, a recreational

 8
      or other vehicle, or a camper.

 9
           Sec. 40113a.  (1) The legislature finds and declares that:

10
           (a) The wildlife populations of the state and their habitat

11
      are of paramount importance to the citizens of this state.

12
           (b) The sound scientific management of the wildlife popula-

13
      tions of the state, including hunting of bear, is declared to be

14
      in the public interest.

15
           (c) The sound scientific management of bear populations in

16
      this state is necessary to minimize  human/bear  encounters

17
      BETWEEN BEARS AND HUMANS and to prevent bears from threatening or

18
      harming humans, livestock, and pets.

19
           (2) The commission  of natural resources shall have  HAS the

20
      exclusive authority to DESIGNATE GAME AND TO regulate the taking

21
      of game  as defined in section 40103  in this state.  The commis-

22
      sion  of natural resources  shall, to the greatest extent practi-

23
      cable, utilize principles of sound scientific management in

24
      making decisions regarding the DESIGNATION AND taking of game.

25
       Issuance of orders by the commission of natural resources

26
      regarding the taking of game shall be made following





   05980'01                                   5

 1
           (3) THE COMMISSION SHALL EXERCISE ITS AUTHORITY UNDER

 2
      SUBSECTION (2) BY THE ISSUANCE OF ORDERS.  BEFORE ISSUING SUCH AN

 3
      ORDER, THE COMMISSION SHALL HOLD a public meeting and PROVIDE an

 4
      opportunity for public input ON THE PROPOSED ORDER.  Not less

 5
      than 30 days before issuing an order, the commission  of natural

 6
      resources  shall provide a copy of the PROPOSED order to each of

 7
      the following:

 8
           (a) Each member of each standing committee of the senate or

 9
      house of representatives that considers legislation pertaining to

10
      conservation, the environment, natural resources, recreation,

11
      tourism, or agriculture.

12
           (b) The chairperson of the senate appropriations committee

13
      and the chairperson of the house of representatives appropria-

14
      tions committee.

15
           (c) The members of the subcommittee of the senate appropria-

16
      tions committee and the subcommittee of the house of representa-

17
      tives appropriations committee that consider the budget of the

18
      department.  of natural resources.

19
           Enacting section 1.  Section 40110 of the natural resources

20
      and environmental protection act, 1994 PA 451, MCL 324.40110, is

21
      repealed.















   05980'01          Final page.                            TMV