April 10, 2008, Introduced by Reps. Ebli, Condino, Valentine, Lahti and Brown 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), based upon sound management
practices, 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 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This section is repealed effective January 4, 2009.