November 30, 2010, Introduced by Senators RICHARDVILLE and BARCIA and referred to the Committee on Hunting, Fishing and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 43517, 43520, 43525a, 43526, 43527, and 43531
(MCL 324.43517, 324.43520, 324.43525a, 324.43526, 324.43527, and
324.43531), sections 43517 and 43520 as amended by 2006 PA 282,
sections 43525a and 43527 as amended by 2006 PA 280, section 43526
as amended by 1996 PA 585, and section 43531 as amended by 2009 PA
70.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 43517. (1) A parent or legal guardian of a minor child
shall not permit or allow the minor child to hunt game under the
authority
of a license issued pursuant to this part except under 1
of
the following conditions:
(a)
The unless the minor child hunts only on land upon which a
parent
or guardian is regularly domiciled or a parent or guardian,
or
another person at least 18 years old authorized by a parent or
guardian,
accompanies the minor child. This subdivision does not
apply
under either of the following circumstances: with a mentor in
compliance with the mentored youth hunting program established by
the commission under subsection (2).
(i) The license is an apprentice license.
(ii) The minor child is less than 14 years old and the
license
is
a license to hunt deer, bear, or elk with a firearm.
(b)
If the license is an apprentice license, a parent or
guardian,
or another person at least 21 years old authorized by a
parent
or guardian, who is licensed to hunt that game under a
license
other than an apprentice license accompanies the minor
child.
In addition, if the minor child is less than 14 years old
and
the apprentice license is a license to hunt deer, bear, or elk
with
a firearm, the minor child shall hunt only on private
property.
(c)
If the minor child is less than 14 years old and the
license
is a license to hunt deer, bear, or elk with a firearm, the
minor
child hunts only on private property and a parent or
guardian,
or another person authorized by a parent or guardian who
is
at least 18 years old, accompanies the minor child. This
subdivision
does not apply if the license is an apprentice license.
(2) Within 1 year after the effective date of the amendatory
act that added this subsection, the commission shall issue an order
under section 40113a establishing a mentored youth hunting program.
The order shall provide for all of the following:
(a) A mentor shall be at least 21 years of age before
participating in the mentored youth hunting program.
(b) A mentor shall possess a valid license to hunt prior to
engaging in any mentored youth hunting program.
(c) A person shall not be a mentor unless he or she presents
proof of previous hunting experience in the form of a previous
hunting license of certification of completion of training in
hunter safety issued to the person by this state, another state, a
province of Canada, or another country.
Sec. 43520. (1) Subject to other requirements of this part,
the department may issue a hunting license to a minor child if all
of the following requirements are met:
(a) A parent or legal guardian of the minor child applies for
the license on behalf of the minor child.
(b) The parent or guardian represents that the requirements of
section
43517(a), (b), or (c) 43517, as applicable, will be
complied with.
(c)
The minor child is at least 10 years old or, if the
license
is a license to hunt deer, bear, or elk with a firearm, at
least
12 years old.
(c) (d)
The license fee is paid.
(2) A person authorized to sell hunting licenses shall not
issue a hunting license to a person born after January 1, 1960,
unless the person presents proof of previous hunting experience in
the form of a hunting license issued by this state, another state,
a province of Canada, or another country or presents a
certification of completion of training in hunter safety issued to
the person by this state, another state, a province of Canada, or
another country. If an applicant for a hunting license does not
have proof of such a previous license or a certification of
completion of training in hunter safety, a person authorized to
sell hunting licenses may issue a hunting license if the applicant
submits a signed affidavit stating that the applicant has completed
a course in hunter safety or that the applicant possessed such a
hunting license previously. The person selling a hunting license
shall record as specified by the department the form of proof of
the previous hunting experience or certification of completion of
hunter safety training presented by the applicant. This subsection
does not apply to the issuance of an apprentice license. An
apprentice license or the equivalent does not satisfy the
requirements of this subsection concerning proof of previous
hunting experience.
(3) A person 17 years old or older who does not meet the
requirements of subsection (2) may obtain an apprentice license for
the same price as the corresponding regular license that the person
would otherwise be qualified to obtain. A person 17 years old or
older shall not hunt game under an apprentice license unless
another person at least 21 years old who possesses a license, other
than an apprentice license, to hunt that game accompanies that
apprentice licensee and does not accompany more than 1 other
apprentice
licensee. For the purposes of this subsection, and
section
43517(b), a person shall not go
along with more than 2
apprentice
licensees of any age for the purpose of accompanying
those apprentice licensees while those apprentice licensees are
hunting.
If a person has represented to an apprentice licensee or,
if
the apprentice licensee is a minor child, to the apprentice
licensee's
parent or legal guardian that the
person would accompany
the apprentice licensee for the purposes of this subsection, the
person shall not go along with the apprentice licensee while the
apprentice licensee is hunting unless the person actually
accompanies the apprentice licensee and possesses a license, other
than an apprentice license, to hunt the same game as the apprentice
licensee. A person is not eligible to obtain a specific type of
apprentice license, such as a firearm deer license, an archery deer
license, a combination deer license, a small game license, or a
turkey license, for more than 2 license years. An apprentice
license shall be distinguished from a license other than an
apprentice license by a notation or other means.
(4)
By October 1, 2008, the department shall submit to the
standing
committees of the senate and house of representatives with
primary
responsibility for conservation and outdoor recreation
issues
a report on the effect of the apprentice hunter program and
the
reductions in minimum hunting age enacted by the 2006
amendatory
act that amended this section on recruitment of new
hunters
and other relevant issues, such as hunter safety.
Sec. 43525a. (1) The department shall issue a combination deer
license that authorizes a person to hunt deer both during the
firearm deer seasons and the bow and arrow seasons, in compliance
with the rules established for the respective deer hunting season.
A combination deer license shall authorize the holder to take 2
deer in compliance with orders issued under part 401.
(2) The fee for a resident combination deer license is the
total of the resident firearm deer license fee plus the resident
bow and arrow deer license fee. The fee for a nonresident
combination deer license is the total of the nonresident firearm
deer license fee plus the nonresident bow and arrow deer license
fee.
However, the The fee for a combination deer license for a
resident or nonresident minor child shall be discounted 50% from
the cost of the resident combination deer license. The fee for a
combination deer license for a resident or nonresident who is less
than 10 years old is $4.00.
(3) If advisable in managing deer, an order under part 401 may
designate the kind of deer that may be taken and the geographic
area in which any license issued under this section is valid.
(4) The department may issue kill tags with or as part of each
combination deer license. Each kill tag shall bear the license
number. A kill tag may also include space for other pertinent
information required by the department. A kill tag, if issued, is
part of the license and shall not be used more than 1 time.
(5) The combination deer license shall count as 2 licenses for
the
purposes of license fees under section 43536a , discounting
under
subsection 43521(c), and
transmittal, deposit, and use of
fees under sections 43554 and 43555.
(6) A senior citizen may obtain a senior combination deer
license. The fee for a senior combination deer license shall be
discounted at the same rate as provided in section 43535.
(7)
A combination deer license issued to a person less than 12
years
of age is valid only for taking deer with a bow and arrow,
until
the person is 12 years of age or older.
(7) (8)
Notwithstanding any other provision
of this part,
except for replacing lost or destroyed licenses, a person shall not
apply for, obtain, or purchase any combination of firearm deer
licenses, bow and arrow deer licenses, and combination deer
licenses that would authorize the taking of more than 2 deer.
Sec. 43526. (1) A person shall not hunt deer during the
firearm deer season without purchasing a firearm deer license. The
fee
for a resident firearm deer license is $13.00. Beginning in
1999,
the fee for a resident firearm deer license is $14.00.
Beginning
in 2001, the fee for a resident firearm deer license is
$15.00.
The fee for a nonresident firearm deer license is $120.00.
Beginning
in 1999, the fee for a nonresident firearm deer license
is
$129.00. Beginning in 2001, the fee for a nonresident firearm
deer
license is $138.00. The fee for a firearm deer license for a
resident or nonresident who is less than 10 years old is $2.00.
Where authorized by the department, a resident or nonresident may
purchase a second firearm deer license in 1 season for the fee
assessed under this subsection for the firearm deer license for
which that person is eligible. However, a senior license discount
is not available for the purchase of a second firearm deer license.
The department may issue orders under part 401 designating the kind
of deer that may be taken and the geographic area in which any
license issued under this section is valid, when advisable in
managing deer.
(2) The department may issue a kill tag with or as part of
each deer license. The kill tag shall bear the license number. The
kill tag may also include space for other pertinent information
required by the department. The kill tag, if issued, is part of the
license.
(3) The department shall charge a nonrefundable application
fee not to exceed $4.00 for each person who applies for an
antlerless deer license. Except as otherwise provided in section
43521,
the fee for a resident antlerless deer license is $13.00.
Beginning
in 1999, the fee for a resident antlerless deer license
is
$14.00. Beginning in 2001, the fee for a resident antlerless
deer
license is $15.00. The fee for a
nonresident antlerless deer
license
is $120.00. Beginning in 1999, the fee for a nonresident
antlerless
deer license is $129.00. Beginning in 2001, the fee for
a
nonresident antlerless deer license is $138.00.
Sec. 43527. (1) A person shall not hunt deer with a bow and
arrow or crossbow during the bow and arrow deer season without a
bow and arrow deer license. The fee for a resident bow and arrow
deer license is $15.00. The fee for a resident or nonresident minor
child for a bow and arrow deer license shall be discounted 50% from
the cost of the resident bow and arrow deer license. The fee for a
bow and arrow deer license for a resident or nonresident who is
less than 10 years old is $2.00. The fee for a nonresident bow and
arrow deer license is $138.00.
(2) Where authorized by the department, a person may purchase
a second bow and arrow deer license in 1 season for the fee
assessed under subsection (1) for the bow and arrow deer license
for which that person is eligible. However, a senior license
discount is not available for the purchase of a second bow and
arrow deer license. The department may issue orders under part 401
designating the kind of deer that may be taken and the geographic
area in which any license issued under this section is valid, if
advisable in managing deer.
(3) The department may issue a kill tag with, or as a part of,
each bow and arrow deer license. Section 43526(2) applies with
respect to a bow and arrow deer license.
Sec. 43531. (1) Except as otherwise provided in section
43523(2), a person shall not trap or hunt fur-bearing animals
unless the person possesses a fur harvester's license. However, a
person who goes on a bobcat hunt with a licensed hunter is not
required to possess a fur harvester's license if the person does
not carry a firearm, bow, or crossbow and does not own dogs used to
chase or locate a bobcat during the hunt.
(2) The fee for a resident fur harvester's license is $15.00.
The
fee for a resident or nonresident who is 12 years of age
through
16 years of age for a fur
harvester's license for a
resident or nonresident minor child shall be discounted 50% from
the cost of the resident fur harvester's license. The fee for a fur
harvester's license for a resident or nonresident who is less than
10 years old is $2.00.
(3) The department may issue a nonresident fur harvester's
license to a nonresident of this state if the state, province, or
country in which the nonresident applicant resides allows residents
of this state to obtain equivalent hunting and trapping privileges
in that state, province, or country. The fee for an eligible
nonresident fur harvester's license is $150.00. Nonresident fur
harvester's licenses shall not be sold or purchased before November
15 of each year.
(4) A person who holds a fur harvester's license may hunt fur-
bearing animals during the season open to taking fur-bearing
animals with firearms and may trap fur-bearing animals during the
season open to trapping fur-bearing animals.
Enacting section 1. This amendatory act takes effect September
1, 2011.