SB-1084, As Passed House, December 2, 2008
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1084
A bill to authorize the removal, capture, or lethal control of
a gray wolf that is preying upon a dog under certain circumstances;
to provide for penalties; and to promulgate rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Department" means the department of natural resources.
(b) "Dog" includes a domesticated dog and a dog used for
hunting.
Sec. 3. (1) The owner of a dog 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
dog.
(2) The owner of the dog 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 dog 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 a department
official is available to take possession of and transfer the gray
wolf to the appropriate department personnel for examination or
until as otherwise directed by a department official. A person
shall not disturb the area where lethal means were used to destroy
a gray wolf until after an official investigation by the department
is complete. If a dog is physically attacked or killed, a person
who uses lethal means to destroy a gray wolf shall produce the dog
that was attacked for inspection by department officials. 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 the department official is notified under subsection
(2).
(6) The owner of the dog 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.
Sec. 5. The department may promulgate rules to implement this
act pursuant to the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328.
Sec. 7. (1) Sections 1 to 5 shall not be operational and
enforceable until 1 of the following occurs:
(a) A final appellate court issues a decision overruling the
decision of the United States district court for the District of
Columbia in The Humane Society of the United States v Dirk
Kempthorne, civil action no. 07-0677 (D.C.C. September 29, 2008),
and permits the final rule of the United States fish and wildlife
service in 72 FR p. 6052 (February 8, 2007) removing gray wolves
located in this state from the list of endangered and threatened
wildlife established under the federal endangered species act of
1973 to take effect.
(b) The United States fish and wildlife service promulgates a
final rule dated after March 12, 2007 that removes gray wolves
located in this state from the list of endangered and threatened
wildlife established under the federal endangered species act of
1973 and that final rule takes effect.
(2) Upon sections 1 to 5 becoming operational and enforceable
pursuant to subsection (1), the department shall post a notice on
the department's website that includes all of the following:
(a) The date sections 1 to 5 are operational and enforceable
pursuant to subsection (1).
(b) A summary of the provisions of sections 1 to 5.
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.