EXTEND DEER AND ELK FEEDING BAN

Senate Bill 926 as passed by the Senate

Sponsor:  Sen. Michelle A. McManus

Senate Committee:  Natural Resources and Environmental Affairs

House Committee:  Conservation and Outdoor Recreation

Complete to 12-7-04

A SUMMARY OF SENATE BILL 926 AS PASSED BY THE SENATE 6-3-04

Section 40111a of the Natural Resources and Environmental Protection Act requires the Natural Resources Commission to issue an order by September 1, 1999 concerning deer and elk feeding.  The section is to be repealed effective December 31, 2004.  The bill would, instead, repeal the section on January 1, 2010. 

The act provides that the order shall prohibit deer and elk feeding in the Lower Peninsula except for recreational viewing purposes.  The act further requires the order to require that feed deposited for recreational viewing purposes shall be within 100 yards from the individual's residence and on land owned by that person, and permits the order to establish other reasonable conditions on feeding for recreational purposes.  The act provides that the order shall also establish criteria for deer feeding in the Upper Peninsula.   

The act also provides that the NRC may issue an order that prohibits all deer and elk feeding in all or part of the state if doing so is necessary to properly manage wildlife populations or to control or eradicate disease.    

MCL 324.40111a

BACKGROUND INFORMATION:

The feeding order is contained in Section 3.100a of the NRC's Wildlife Conservation Order.  The order prohibits feeding deer and elk in Alcona, Alpena, Crawford, Montmorency, Oscoda, Otsego, and Presque Isle counties.  In the remaining counties, individuals are prohibited from deer and elk feeding, unless it is for "recreational viewing" – that is, feeding for the purpose of viewing wildlife. 

A person may engage in feeding for recreational viewing with the following conditions:  (1) the feed is placed within 100 yards from the person's residence and on land owned by that person; (2) the feed is placed at least 100 yards from any area that is accessible to cattle, goats, sheep, new world camelids, bison, swine, horses, or captive cervidae, and no more than 100 yards from a residence; (3) the volume of feed placed on the ground cannot exceed two gallons per residence at any time; and (4) any type of feed materials may be used as feed. 

Finally, the NRC order provides that if Chronic Wasting Disease (CWD) is documented within the state or within 50 miles of the state's borders in an adjoining state or Canadian province, the director of the Department of Natural Resources shall issue an interim order banning the use of bait and banning the feeding of deer and elk within the peninsula that is adjacent to the adjoining state or province with CWD or containing CWD. 

FISCAL IMPACT:

The bill would have no fiscal impact on the state or local units of government. 

                                                                                           Legislative Analyst:   Mark Wolf

                                                                                                  Fiscal Analyst:   Kirk Lindquist

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.