HB-5697, As Passed House, April 29, 2008
February 12, 2008, Introduced by Rep. Hildenbrand and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40107a (MCL 324.40107a), as amended by 2003 PA
242.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40107a. (1) The department shall issue an order in the
manner provided in section 40107(2) establishing a season or
seasons for falconers to take not more than a total of 25 live
raptors per year from any combination of red-tailed hawks (Buteo
jamaicensis), Cooper's hawks (Accipiter cooperii), American
kestrels (Falco sparverius), and sharp-shinned hawks (Accipiter
striatus), for use in falconry. In addition to these 25 raptors,
the order shall allow the issuance of 2 permits annually to take
northern goshawks (Accipiter gentilis) during the fall passage
House Bill No. 5697 as amended April 29, 2008
season for use in falconry. Each permit for northern goshawks shall
allow the taking of 1 live bird. The order shall designate the
numbers of raptors that may be taken and possessed and any other
conditions pertaining to the taking and possession of raptors that
the department considers advisable.
(2) The order shall prohibit the taking of raptors on national
lakeshores and national recreation areas and all state lands. The
order shall require licensed falconers to contact property owners
or land managers and obtain written permission before making direct
contact with any raptor nest. The order shall provide that only
licensed falconers may have direct contact with the raptor nest and
that a licensed falconer shall leave in a nest a minimum of 2
healthy young raptors. A licensed falconer shall report the nest
location from which a raptor is taken by county, township, range,
and section to the department within 5 business days after the
raptor is taken. Within 1 year of the issuance of the order, the
department shall establish a public education program regarding
raptors and shall institute a study to establish survey protocols
to monitor raptor populations likely to be used for falconry
purposes.
(3) This section does not, and an order issued under this
section shall not, designate any species of raptor as game. This
section does not prohibit the department from determining that any
species of raptor is a protected animal.
(4)
This section is repealed effective January 4, 2009.
[Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5983 of the 94th Legislature is enacted into law.]