March 15, 2005, Introduced by Rep. Hune and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 40102, 40113a, and 42701 (MCL 324.40102,
324.40113a, and 324.42701), section 40102 as amended by 2000 PA
347, section 40113a as amended by 1997 PA 19, and section 42701 as
added by 1995 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40102. (1) "Animals" means wild birds and wild mammals.
(2) "Bag limit" means the number of animals that may be taken
and possessed as determined by the department.
(3) "Bow" means a device for propelling an arrow from a string
drawn, held, and released by hand where the force used to hold the
string in the drawn position is provided by the archer's muscles.
(4) "Buy" or "sell" means an exchange or attempt or offer to
exchange for money, barter, or anything of value.
(5) "Chase" means to follow animals with dogs or other wild or
domestic animals trained for that purpose.
(6) "Commission" means the commission of agriculture.
(7) (6)
"Crossbow" means a
weapon consisting of a bow
mounted transversely on a stock or frame and designed to fire an
arrow, bolt, or quarrel by the release of a bow string which is
controlled by a mechanical or electric trigger and has a working
safety and a draw weight of 100 pounds or greater.
(8) (7)
"Deer or elk feeding"
means the depositing,
distributing, or tending of feed in an area frequented by wild,
free-ranging white-tailed deer or elk. Deer or elk feeding does not
include any of the following:
(a) Feeding wild birds or other wildlife if done in such a
manner as to exclude wild, free-ranging white-tailed deer and elk
from gaining access to the feed.
(b) The scattering of feed solely as the result of normal
logging practices or normal agricultural practices.
(c) The storage or use of feed for agricultural purposes if 1
or more of the following apply:
(i) The area is occupied by livestock actively consuming the
feed on a daily basis.
(ii) The feed is covered to deter wild, free-ranging white-
tailed deer or elk from gaining access to the feed.
(iii) The feed is in a storage facility that is consistent with
normal agricultural practices.
(d) Baiting to take game as provided by an order of the
commission under section 40113a.
(9) "Department" means the department of agriculture.
(10) (8)
"Disability" means a
determinable physical
characteristic of an individual that may result from disease,
injury, congenital condition of birth, or functional disorder.
(11) (9)
"Feed" means a substance
composed of grain,
mineral, salt, fruit, vegetable, hay, or any other food material or
combination of these materials, whether natural or manufactured,
that may attract white-tailed deer or elk. Feed does not include
any of the following:
(a) Plantings for wildlife.
(b) Standing farm crops under normal agricultural practices.
(c) Agricultural commodities scattered solely as the result of
normal agricultural practices.
(12) (10)
"Firearm" means a weapon
from which a dangerous
projectile may be propelled by using explosives, gas, or air as a
means of propulsion. Firearm does not include a smooth bore rifle
or handgun designed and manufactured exclusively for propelling
BB's not exceeding .177 caliber by means of a spring or air or gas.
Sec. 40113a. (1) The legislature finds and declares that:
(a) The wildlife populations of the state and their habitat
are of paramount importance to the citizens of this state.
(b) The sound scientific management of the wildlife
populations
of the state, including hunting of bear, is declared
to
be in the public interest.
(c) The sound scientific management of bear populations in
this
state is necessary to minimize human/bear encounters between
humans and bears and to prevent bears from threatening or harming
humans, livestock, and pets.
(2)
The commission of natural resources shall have the
exclusive
authority to regulate the taking of game as defined in
section
40103 in this state. The
commission of natural resources
shall, to the greatest extent practicable, utilize principles of
sound scientific management in making decisions regarding the
taking
of game. Issuance of orders by the commission of natural
resources
The commission shall issue an order regarding the taking
of
game shall be made following after a public meeting and an
opportunity for public input on the order. Not less than 30 days
before
issuing an order, the commission of natural resources
shall provide a copy of the order to each of the following:
(a) Each member of each standing committee of the senate or
house of representatives that considers legislation pertaining to
conservation, the environment, natural resources, recreation,
tourism, or agriculture.
(b) The chairperson of the senate appropriations committee and
the chairperson of the house of representatives appropriations
committee.
(c) The members of the subcommittee of the senate
appropriations committee and the subcommittee of the house of
representatives appropriations committee that consider the budget
of
the department of natural resources agriculture.
Sec. 42701. As used in this part:
(a) "Department" means the department of agriculture.
(b) (a)
"Game" has the same
meaning ascribed to that term
in part 401.
(c) (b)
"License" means a game
breeder's license issued
pursuant to this part.
(d) (c)
"Stock" means game.