SB-1350, As Passed Senate, December 14, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1350

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 40103, 40118, 43503, and 43507 (MCL 324.40103,

324.40118, 324.43503, and 324.43507), section 40103 as amended by

2000 PA 191, section 40118 as amended by 2000 PA 347, section 43503

as added by 1995 PA 57, and section 43507 as amended by 1996 PA

585, and by adding sections 40110b, 43528b, and 43540e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 40103. (1) "Game" means any of the following animals but

does not include privately owned cervidae species located on a

~~registered~~ cervidae livestock facility ~~as that term is defined in~~

registered under the privately owned cervidae producers marketing

act, 2000 PA 190, MCL 287.951 to 287.969:

(a) Badger.

(b) Bear.

(d) Bobcat.

(e) Brant.

(f) Coot.

(g) Coyote.

(h) Crow.

(i) Deer.

(j) Duck.

(k) Elk.

(l) Fisher.

(m) Florida gallinule.

(n) Fox.

(o) Geese.

(p) Hare.

(q) Hungarian partridge.

(r) Marten.

(s) Mink.

(t) Moose.

(u) Muskrat.

(v) Opossum.

(w) Otter.

(x) Pheasant.

(y) Quail.

(z) Rabbit.

(aa) Raccoon.

(bb) Ruffed grouse.

(cc) Sharptailed grouse.

(dd) Skunk.

(ee) Snipe.

(ff) Sora rail.

(gg) Squirrel.

(hh) Weasel.

(ii) Wild turkey.

(jj) Wolf.

(kk) ~~(jj)~~ Woodchuck.

(ll) ~~(kk)~~ Woodcock.

(mm) (ll) Virginia rail.

(2) "Interim order of the department" means an order of the

department issued under section 40108.

(3) "Kind" means an animal's sex, age, or physical

characteristics.

(4) "Normal agricultural practices" means generally accepted

agricultural and management practices as defined by the commission

of agriculture and rural development.

(5) "Open season" means the dates during which game may be

legally taken.

(6) "Parts" means any or all portions of an animal, including

the skin, plumage, hide, fur, entire body, or egg of an animal.

(7) "Protected" or "protected animal" means an animal or kind

of animal that is designated by the department as an animal that

shall not be taken.

(8) "Residence" means a permanent building serving as a

temporary or permanent home. Residence may include a cottage,

cabin, or mobile home, but does not include a structure designed

primarily for taking game, a tree blind, a tent, a recreational or

other vehicle, or a camper.

Sec. 40110b. (1) The legislature finds and declares that:

(a) The wildlife populations of the state and their habitat

are of paramount importance to the citizens of this state.

(b) The sound management of wolf populations in this state is

necessary, including the use of hunting as a management tool, to

minimize negative human and wolf encounters and to prevent wolves

from threatening or harming humans, livestock, and pets.

(2) The legislature hereby authorizes the establishment of the

first open season for wolf. The commission may issue orders under

section 40113a establishing annual wolf hunting seasons throughout

the state.

Sec. 40118. (1) A person who violates this part, an order or

interim order issued under this part, or a condition of a permit

issued under this part, except for a violation specified in

subsections (2) to (12), is guilty of a misdemeanor punishable by

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

$50.00 or more than $500.00, or both, and the costs of prosecution.

In addition, a permit issued by the department under this part

shall be revoked pursuant to the administrative procedures act of

1969, 1969 PA 306, MCL 24.201 to 24.328.

(2) A person who violates a provision of this part or an order

or interim order issued under this part regarding the possession or

taking of any game, except deer, bear, wild turkey, wolf, moose, or

elk, 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) A Except as otherwise provided in this subsection, a

person who violates a provision of this part or an order or interim

order issued under this part regarding the possession or taking of

deer, bear, or wild turkey, or wolf is guilty of a misdemeanor and

shall be punished by imprisonment for not less than 5 days or more

than 90 days, and a fine of not less than $200.00 or more than

$1,000.00, and the costs of prosecution. A person shall not be

punished under this subsection for lawfully removing, capturing, or

destroying a wolf under 2008 PA 290, MCL 324.95151 to 324.95155, or

2008 PA 318, MCL 324.95161 to 324.95167.

(4) A person who violates a provision of this part or an order

or interim order issued under this part regarding the possession or

taking of elk is guilty of a misdemeanor punishable by imprisonment

for not less than 30 days or more than 180 days, or a fine of not

less than $500.00 or more than $2,000.00, or both, and the costs of

prosecution.

(5) A person who violates a provision of this part or an order

or interim order issued under this part regarding the possession or

taking of moose is guilty of a misdemeanor and shall be punished by

imprisonment for not less than 90 days or more than 1 year and a

fine of not less than $1,000.00 or more than $5,000.00, and the

costs of prosecution.

(6) A person sentenced pursuant to subsection (3), (4), (5),

(10), or (11) shall not secure or possess a license of any kind to

hunt during the remainder of the year in which convicted and the

next 3 succeeding calendar years. A person sentenced pursuant to

subsection (7) shall not secure or possess a license to hunt during

the remainder of the year in which convicted and the next

succeeding calendar year.

(7) A person who violates section 40113(1) is guilty of a

misdemeanor punishable by imprisonment for not less than 5 days or

more than 90 days, or a fine of not less than $100.00 or more than

$500.00, or both, and the costs of prosecution.

(8) A person who violates section 40113(2) is guilty of a

misdemeanor punishable by imprisonment for not more than 90 days,

or a fine of not less than $50.00 or more than $500.00, or both,

and the costs of prosecution.

(9) A person who violates section 40113(3) is guilty of a

misdemeanor and shall be punished by imprisonment for not less than

5 days or more than 90 days and a fine of not less than $100.00 or

more than $500.00, and the costs of prosecution.

(10) A person who violates a provision of this part or an

order or interim order issued under this part regarding the taking

or possession of an animal that has been designated by the

department to be a protected animal, other than an animal that

appears on a list prepared pursuant to section 36505, 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.

(11) A person who buys or sells game or a protected animal in

violation of this part or an order or interim order issued under

this part is guilty of a misdemeanor punishable by imprisonment for

not more than 90 days or a fine of not more than $1,000.00, or

both, for the first offense, and is guilty of a felony for each

subsequent offense.

(12) If a person is convicted of a violation of this part or

an order or interim order issued under this part and it is alleged

in the complaint and proved or admitted at trial or ascertained by

the court after conviction that the person had been previously

convicted 2 times within the preceding 5 years for a violation of

this part or an order or interim order issued under this part, the

person is guilty of a misdemeanor and shall be punished by

imprisonment for not less than 10 days or more than 180 days, and a

fine of not less than $500.00 or more than $2,000.00, and costs of

prosecution.

Sec. 43503. (1) "Fish" means all species of fish.

(2) "Fishing" means the pursuing, capturing, catching,

killing, or taking of fish, and includes attempting to pursue,

capture, catch, kill, or take fish.

(3) "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.

(4) "Firearm deer season" means any period in which deer may

be lawfully hunted with a firearm.

(5) "Fur-bearing animals" includes badger, beaver, bobcat,

coyote, fisher, fox, lynx, marten, mink, muskrat, opossum, otter,

raccoon, skunk, and weasel. ~~, and wolf.~~

Sec. 43507. (1) "Senior citizen" means a resident 65 years of

age or older.

(2) "Slingshot" means a Y-shaped device with an elastic strip

attached between the prongs used for projecting a stone or other

object.

(3) "Small game" includes all species of protected game birds

and game animals except bear, deer, elk, moose, wild turkey, wolf,

and fur-bearing animals.

(4) "Small game season" means that period between September 15

and March 31.

(5) "Sportcard" means a folder, document, plastic card, or

other device issued by the department containing the ~~person's~~

individual's name, address, and vital statistics as required by the

department.

Sec. 43528b. (1) An individual shall not hunt wolf without a

wolf hunting license. The fee for a resident wolf hunting license

is $100.00. The fee for a nonresident wolf hunting license is

$500.00. The department may establish a nonrefundable application

fee not to exceed $4.00 for each person who applies for a wolf

hunting license.

(2) The department may issue a kill tag with, or as part of, a

wolf hunting license. The provisions of section 43526(2) regarding

kill tags apply with respect to a wolf hunting license.

Sec. 43540e. (1) The wolf management advisory council is

created within the department.

(2) The council shall consist of at least the following

members:

(a) The director of the department or his or her designee.

(b) One member representing an organization that promotes

conservation in this state appointed by the director or his or her

designee.

or fishing in this state appointed by the director or his or her

designee.

(d) One member representing a tribal government appointed by

the director or his or her designee.

(e) One member representing agricultural interests appointed

by the director or his or her designee.

(f) One member representing an animal advocacy organization

appointed by the director or his or her designee.

(3) The council shall meet at least annually.

(4) A majority of the members of the council constitute a

quorum for the transaction of business at a meeting of the council.

A majority of the members present and serving are required for

official action of the council.

(5) The business that the council may perform shall be

conducted at a public meeting of the council held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(6) A writing prepared, owned, used, in the possession of, or

retained by the council in the performance of an official function

is subject to the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

(7) Members of the council shall serve without compensation.

However, members of the council may be reimbursed for their actual

and necessary expenses incurred in the performance of their