HB-5686, As Passed Senate, September 25, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5686

     A bill to authorize the removal, capture, or lethal control of

a gray wolf that is preying upon livestock under certain

circumstances; and to provide for penalties.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

     (a) "Department" means the department of natural resources.

     (b) "Livestock" means those species of animals used for human

food or fiber or those species of animals used for service to

humans. Livestock includes, but is not limited to, cattle, sheep,

new world camelids, goats, bison, privately owned cervids, ratites,

swine, equine, poultry, aquaculture, and rabbits.

     Sec. 3. (1) The owner of livestock or his or her designated

agent may remove, capture, or, if deemed necessary, use lethal

means to destroy a gray wolf that is in the act of preying upon the

owner's livestock.

     (2) The owner of the livestock or his or her designated agent

shall report the taking of a gray wolf to a department official as

soon as practicable, but not later than 12 hours after the taking.

A person who violates this subsection is guilty of a misdemeanor

punishable by imprisonment for not more than 90 days or a fine of

not less than $100.00 or more than $1,000.00, or both, and the

costs of prosecution.

     (3) Except as otherwise provided in subsection (4), the owner

of the livestock or his or her designated agent shall retain

possession of a gray wolf taken until a department official is

available to take possession of and transfer the gray wolf to the

appropriate department personnel for examination. A person who

violates this subsection is guilty of a misdemeanor punishable by

imprisonment for not more than 90 days or a fine of not less than

$100.00 or more than $1,000.00, or both, and the costs of

prosecution.

     (4) If lethal means are used to destroy a gray wolf, a person

shall not move or disturb the deceased gray wolf until he or she

takes photographs of the deceased gray wolf and of the area where

lethal means were used to destroy the gray wolf. Copies of the

photographs taken by the person may be requested by the department

for examination. A person who violates this subsection is guilty of

a misdemeanor punishable by imprisonment for not more than 90 days

or a fine of not less than $100.00 or more than $1,000.00, or both,

and the costs of prosecution.

     (5) A department official shall respond to the scene where

lethal means were used to destroy a gray wolf not later than 12

hours after a department official is notified under subsection (2).

     (6) The owner of the livestock or his or her designated agent

may report the taking of a gray wolf by utilizing the department's

report all poaching hotline at 1-800-292-7800.

     Enacting section 1. If any federal or state litigation

overturns the decision to remove gray wolves from the list of

endangered species, the Michigan department of natural resources

shall report the impact of that litigation on this act to the

standing committees of the legislature with jurisdiction over

issues primarily dealing with natural resources and the

environment.