February 13, 2003, Introduced by Reps. Tabor, Hummel, Acciavatti, Milosch, Ward and Sheen 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 43520, 43523, 43525a, 43527, 43531, and
43553 (MCL 324.43520, 324.43523, 324.43525a, 324.43527,
324.43531, and 324.43553), section 43520 as added by 1995 PA 57,
sections 43523, 43527, 43531, and 43553 as amended by 1996
PA 585, and section 43525a as added by 1998 PA 291.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 43520. (1) Subject to other requirements of this part,
2 the department may issue a hunting license to a minor child
3 subject to both of the following conditions:
4 (a) On application of a parent or legal guardian of the minor
5 child, if the minor child, when hunting on lands upon which the
6 minor child's parents are not regularly domiciled, is accompanied
7 by the parent or guardian or another person authorized by the
1 parent or guardian who is 17 years of age or older.
2 (b) Payment of the license fee.
3 (2) A license to
hunt deer, bear, or elk with a firearm
4 shall not be issued to
a person who is less than 14 years of
5 age.
6 (3) A license to
hunt shall not be issued to a person who is
7 less than 12 years of
age.
8 (2) (4) A
person authorized to sell hunting licenses shall
9 not issue a hunting license to a person born after January 1,
10 1960, unless the person presents proof of previous hunting
11 experience in the form of a hunting license issued by this state,
12 another state, a province of Canada, or another country or a
13 certification of completion of training in hunter safety issued
14 to the person by this state, another state, a province of Canada,
15 or another country. If an applicant for a hunting license does
16 not have proof of a previous license or a certification of
17 completion of training in hunter safety, a person authorized to
18 sell hunting licenses may issue a hunting license if the
19 applicant submits a
signed affidavit stating that they have he
20 or she has completed a
course in hunter safety or that they
21 have has possessed a hunting license previously.
The person
22 selling a hunting license shall record as specified by the
23 department the form of proof of the previous hunting experience
24 or certification of completion of hunter safety training
25 presented by the applicant.
26 Sec. 43523. (1) Except as otherwise provided in this part,
27 a person shall not hunt small game without a current small game
1 license. Each small game license authorizes the person named in
2 the license to hunt for small game except for animals or birds
3 that require a special
license. The fee for a resident small
4 game license is
$13.00. Beginning in 1999, the fee for a
5 resident small game
license is $14.00. Beginning in 2001
6 Subject to section 43522a, the fee for a resident small game
7 license is $15.00. If authorized in an order issued under
8 part 401, a resident possessing a current small game license may
9 take specified fur-bearing animals by means other than trapping
10 during the open season for hunting these fur-bearing animals.
11 The fee for a resident
or nonresident who is 12 years of age
12 through 16 years of
age for a small game license for
a minor
13 child, whether or not the minor child is a resident, is $1.00.
14 The fee for a
nonresident small game license is $60.00.
15 Beginning in 1999, the
fee for a nonresident small game license
16 is $65.00. Beginning
in 2001 Subject to section 43522a,
the fee
17 for a nonresident small game license is $69.00.
18 (2) A nonresident may purchase a limited nonresident small
19 game license entitling that person to hunt for a 3-day period all
20 species of small game
that are available lawful to hunt under a
21 nonresident small game
license. The fee for a limited
22 nonresident small game
license is $26.00. Beginning in 1999, the
23 fee for a limited
nonresident small game license is $28.00.
24 Beginning in 2001 Subject to section 43522a, the fee for a
25 limited nonresident small game license is $30.00.
26 (3) A small game license is void between the hours of 1/2
27 hour after sunset and 1/2 hour before sunrise.
1 Sec. 43525a. (1) The department shall issue a combination
2 deer license that authorizes a person to hunt deer both during
3 the firearm deer seasons and the bow and arrow seasons, in
4 compliance with the rules established for the respective deer
5 hunting season. A combination deer license shall authorize the
6 holder to take 2 deer in compliance with orders issued under part
7 401.
8 (2) The fee for a resident combination deer license is the
9 total of the resident firearm deer license fee plus the resident
10 bow and arrow deer license fee. The fee for a nonresident
11 combination deer license is the total of the nonresident firearm
12 deer license fee plus the nonresident bow and arrow deer license
13 fee. The fee for a
combination deer license for a resident or
14 nonresident who is 12
years of age through 16 years of age minor
15 child, whether or not the minor child is a resident, shall be
16 discounted 50% from the cost of the resident combination deer
17 license.
18 (3) When advisable in managing deer, an order under part 401
19 may designate the kind of deer that may be taken and the
20 geographic area in which any license issued under this section is
21 valid.
22 (4) The department may issue kill tags with or as part of
23 each combination deer license.
Each kill tag shall bear
24 include the license number. A kill tag may also include space
25 for other pertinent information required by the department. A
26 kill tag, if issued, is part of the license and shall not be used
27 more than 1 time.
1 (5) The combination deer license shall count as 2 licenses
2 for the purposes of license fees under section 43536a,
3 discounting under
subsection 43521(c) a
sportsperson discount
4 under section 43521, and transmittal, deposit, and use of fees
5 under sections 43554 and 43555.
6 (6) A senior citizen may obtain a senior combination deer
7 license. The fee for a senior combination deer license shall be
8 discounted at the same rate as provided in section 43535.
9 (7) A combination
deer license issued to a person less than
10 14 years of age is
valid only for taking deer with a bow and
11 arrow, until the
person is 14 years of age or older.
12 (7) (8) Notwithstanding
any other provision of this part,
13 except for replacing lost or destroyed licenses, a person shall
14 not apply for, obtain, or purchase any combination of firearm
15 deer licenses, bow and arrow deer licenses, and combination deer
16 licenses that would authorize the taking of more than 2 deer.
17 Sec. 43527. (1) A person shall not hunt deer with a bow and
18 arrow or crossbow during the bow and arrow deer season without a
19 bow and arrow deer
license. The fee for a resident bow and
20 arrow deer license is
$13.00. Beginning in 1999, the fee for a
21 resident bow and arrow
deer license is $14.00. Beginning in
22 2001 Subject to section 43522a, the fee for a
resident bow and
23 arrow deer license is
$15.00. The fee for a resident or
24 nonresident who is 12
years of age through 16 years of age for
a
25 bow and arrow deer license for a minor child, whether or not the
26 minor child is a resident, shall be discounted 50% from the cost
27 of the resident bow and
arrow deer license. The fee for a
1 nonresident bow and
arrow deer license is $120.00. Beginning in
2 1999, the fee for a
nonresident bow and arrow deer license is
3 $129.00. Beginning in
2001 Subject to section 43522a,
the fee
4 for a nonresident bow and arrow deer license is $138.00. Where
5 authorized by the department, a person may purchase a second bow
6 and arrow deer license in 1 season for the fee assessed under
7 this subsection for the bow and arrow deer license for which that
8 person is eligible. However, a senior license discount is not
9 available for the purchase of a second bow and arrow deer
10 license.
11 (2) The department may issue orders under part 401
12 designating the kind of deer which may be taken and the
13 geographic area in which any license issued under this section is
14 valid, when advisable in managing deer.
15 (3) (2) The
department may issue a kill tag with, or as a
16 part of, each bow and arrow deer license. Section 43526(2)
17 applies with respect to
a bow and arrow deer license.
18 Sec. 43531. (1) Except as otherwise provided in section
19 43523(1), a person shall not trap or hunt fur-bearing animals
20 without purchasing and possessing a fur harvester's license.
21 The fee for a
resident fur harvester's license is $13.00.
22 Beginning in 1999, the
fee for a resident fur harvester's license
23 is $14.00. Beginning
in 2001 Subject to section 43522a,
the fee
24 for a resident fur
harvester's license is $15.00. The fee for a
25 resident or
nonresident who is 12 years of age through 16 years
26 of age for a fur harvester's license for a minor child,
whether
27 or not the minor child is a resident, shall be discounted 50%
1 from the cost of the resident fur harvester's license.
2 (2) The department may issue a nonresident fur harvester's
3 license to a nonresident of this state if the state, province, or
4 country in which the nonresident applicant resides allows
5 residents of this state to obtain equivalent hunting and trapping
6 privileges in that state, province, or country. The fee for an
7 eligible nonresident fur harvester's license is $150.00.
8 Nonresident fur harvester's licenses shall not be sold or
9 purchased prior to November 15 of each year.
10 (3) A person who holds a fur harvester's license may hunt
11 fur-bearing animals during the season open to taking fur-bearing
12 animals with firearms and may trap fur-bearing animals during the
13 season open to trapping fur-bearing animals.
14 Sec. 43553. (1)
Except as provided in sections section
15 43555, and
43556, the department shall transmit all money
16 received from the sale of licenses to the state treasurer,
17 together with a statement indicating the amount of money received
18 and the source of the money.
19 (2) The game and fish protection fund is created as a
20 separate fund in the department
of state treasury. Except as
21 provided in subsection (5), the state treasurer shall credit the
22 money received from the sale of passbooks and licenses to the
23 game and fish protection fund.
24 (3) Except as
provided in sections 43524, 43525, 43531,
25 43554, and 43556 and subsection (4), money credited to the game
26 and fish protection fund shall be paid out by the state treasurer
27 pursuant to the accounting laws of this state for the following
1 purposes:
2 (a) Services rendered by the department, together with the
3 expenses incurred in the enforcement and administration of the
4 game, fish, and fur laws of the state, including the necessary
5 equipment and apparatus incident to the operation and enforcement
6 of the game, fish, and fur laws, and the protection, propagation,
7 distribution, and control of game, fish, birds, fur-bearing
8 animals, and other
wildlife. forms.
9 (b) The propagation and liberation of game, fur-bearing
10 animals, birds, or fish and for their increase at the time,
11 place, and manner as the department considers advisable.
12 (c) The purchase,
lease, and management of lands , together
13 with the necessary and equipment for the purpose of propagating
14 and rearing game, fur-bearing animals, birds, or fish, and for
15 establishing and maintaining game refuges, wildlife sanctuaries,
16 and public shooting and fishing grounds.
17 (d) Conducting investigations and compiling and publishing
18 information relative to the propagation, protection, and
19 conservation of wildlife.
20 (e) Delivering lectures, developing cooperation, and carrying
21 on appropriate educational activities relating to the
22 conservation of the wildlife of this state.
23 (4) The department may make direct grants to colleges and
24 universities in this state, out of funds appropriated from the
25 game and fish protection fund, to conduct fish or wildlife
26 research or both fish and wildlife research.
27 (5) The youth hunting and fishing education and outreach fund
1 is created as a separate fund in the department of treasury. The
2 state treasurer shall credit to the youth hunting and fishing
3 education and outreach fund the money received from the sale of
4 small game licenses and all-species fishing licenses under
5 sections 43523 and 43532,
respectively, to persons who are 12
6 years of age through
16 years of age minor children.
Money in
7 the youth hunting and fishing education and outreach fund at the
8 close of the fiscal year shall remain in the fund and shall not
9 lapse to the general fund.
10 (6) Money credited to the youth hunting and fishing education
11 and outreach fund shall be paid out by the state treasurer
12 pursuant to the accounting laws of this state for hunting and
13 fishing education and
outreach programs for youth through 16
14 years of age minor children.
15 (7) The department and any other executive department of the
16 state that receives money from the game and fish protection fund
17 or the youth hunting and fishing education and outreach fund
18 shall submit an annual report to the legislature showing the
19 amount of money received by the department or other executive
20 department from the game and fish protection fund or the youth
21 hunting and fishing education and outreach fund and how that
22 money was spent. An executive department required to submit a
23 report as provided in this subsection shall send a copy of the
24 report to the legislature and to the department.