SB-1074, As Passed Senate, October 19, 2016

SUBSTITUTE FOR

SENATE BILL NO. 1074

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 43516 and 43525b (MCL 324.43516 and

324.43525b), section 43516 as amended by 2016 PA 36 and section

43525b as added by 2013 PA 108.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 43516. (1) An Until March 1, 2018, an individual who has

been issued a hunting, fur harvester's, or fishing license shall

carry the license and shall exhibit the license upon the demand of

a conservation officer, a law enforcement officer, a tribal

conservation officer who complies with subsection ~~(3),~~ (6), or the

owner or occupant of the land if either or both of the following

apply:

(a) The ~~person~~ individual is hunting, trapping, or fishing.

(b) Subject to section 43510(2) and except as provided in

section 43513, the individual is in possession of a firearm or

other hunting or trapping apparatus or fishing apparatus in an area

frequented by wild animals or fish, respectively.

(2) Subject to section 43510(2) and except as provided in

section 43513, an individual shall not carry or possess afield a

shotgun with buckshot, slug loads, or ball loads; a bow and arrow;

a muzzle-loading rifle or black powder handgun; or a centerfire

handgun or centerfire rifle during firearm deer season unless that

individual has a valid deer license, with an unused kill tag, if

issued, issued in his or her name. The individual shall exhibit an

unused kill tag, if issued, upon the request of a conservation

officer, a law enforcement officer, or the owner or occupant of the

land.

(3) Beginning March 1, 2018, an individual who has been issued

a hunting, fur harvester's, or fishing license shall carry the

license or, if applicable, an electronic copy of the license and

shall exhibit the license or, if applicable, an electronic copy of

the license upon the demand of a conservation officer, a law

enforcement officer, a tribal conservation officer who complies

with subsection (6), or the owner or occupant of the land if either

or both of the following apply:

(a) The individual is hunting, trapping, or fishing.

(b) Subject to section 43510(2) and except as provided in

section 43513, the individual is in possession of a firearm or

other hunting or trapping apparatus or fishing apparatus in an area

frequented by wild animals or fish, respectively.

(4) An individual who displays an electronic copy of his or

her license using an electronic device as provided in subsection

(3) is not presumed to have consented to a search of the electronic

device. This state, a law enforcement agency, a tribal conservation

officer who complies with subsection (6), an employee of this state

or a law enforcement agency, or the owner or occupant of the land

is not liable for damage to or loss of an electronic device that

occurs as a result of a conservation officer, a tribal conservation

officer who complies with subsection (6), a law enforcement

officer, or the owner or occupant of the land viewing an electronic

copy of a license in the manner provided in this section,

regardless of whether the conservation officer, tribal conservation

officer who complies with subsection (6), law enforcement officer,

or owner or occupant of the land was in possession of the

electronic device at the time the damage or loss occurred.

(5) The department shall continue to explore the expanded use

of electronic technology to provide additional services that will

enhance hunting and fishing experiences for individuals in this

state.

(6) ~~(3)~~ A tribal conservation officer under subsection (1),

(3), or (4) must be in uniform, display proper credentials, and be

on official duty within the ceded territory of the treaty of March

28, 1836, 7 Stat 491.

(7) ~~(4)~~ As used in this section, "tribal conservation officer"

means a conservation officer employed by the Great Lakes Indian

fish and wildlife commission, the Bay Mills Indian Community, the

Sault Ste. Marie Tribe of Chippewa Indians, the Little Traverse Bay

Bands of Odawa Indians, the Grand Traverse Band of Ottawa and

Chippewa Indians, or the Little River Band of Ottawa Indians.

Sec. 43525b. (1) Except as otherwise provided in this part,

~~beginning March 1, 2014,~~ an individual 16 years of age or older

shall not hunt waterfowl without a current waterfowl hunting

license issued by this state. The annual license requirement is in

addition to the requirements for a base license and federal

migratory bird hunting stamp. The fee for the waterfowl hunting

license is $12.00.

(2) If issued as a stamp, a waterfowl hunting license shall be

affixed to the base license of the individual and signed across the

face of the stamp by the individual to whom it is issued.

(3) A collector may purchase a waterfowl hunting license, if

it is issued as a stamp, without being required to place it on a

base license, sign across its face, or provide proof of competency

under section 43520(2). However, a license described in this

subsection is not valid for hunting waterfowl.

(4) ~~Beginning March 1, 2014, from~~ From the fee collected for

each waterfowl hunting license, the department shall use the

following amounts:

(a) $9.00 shall be used to acquire, restore, or enhance

wetlands and other lands to be managed for the benefit of

waterfowl. Except as otherwise provided in this subdivision, not

more than 0.25% of the money under this subdivision shall be used

to acquire lands. However, if all of the money appropriated from

the natural resources trust fund for eco-region acquisition carried

over from previous fiscal years is spent, then the 0.25% limitation

under this subdivision does not apply. The department shall not

acquire land under this subdivision until that acquisition is

approved by the joint capital outlay subcommittee.

(b) $1.93 shall be used to operate, maintain, and develop

managed waterfowl areas in this state.

or used for administration of this part.

(5) Not later than March 1, 2018, the department shall develop

an electronic license that allows an individual to display an

electronic copy of his or her Michigan waterfowl hunting license

using an electronic device.