March 15, 2007, Introduced by Reps. Booher, Palsrok, Moore, Nofs, David Law, Amos, Pearce, LaJoy, Ball, Sheltrown, Stahl, Walker, Opsommer, Hansen, Moss, Hune, Casperson, Lahti, Bennett, Elsenheimer, Shaffer, Meekhof, Gillard, Mayes, McDowell, Lindberg, Stakoe, Emmons and Hammon 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 40102 (MCL 324.40102), as amended by 2000 PA
347.
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) "Cormorant damage" means adverse impacts of double-crested
cormorants on fish, including fish hatchery stock, wildlife,
plants, and their habitats.
(7) "Cormorant depredation order" means the depredation order
for double-crested cormorants to protect public resources, 50 CFR
21.48, issued by the United States department of the interior, fish
and wildlife service.
(8) (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 that is
controlled by a mechanical or electric trigger and has a working
safety and a draw weight of 100 pounds or greater.
(9) (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.
(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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 354 or House Bill No.____ (request no.
00961'07) of the 94th Legislature is enacted into law.