SENATE BILL No. 1074
September 8,
2016, Introduced by Senators ZORN, HILDENBRAND, BOOHER, BRANDENBURG, SHIRKEY,
MARLEAU, PROOS, HORN, JONES, MACGREGOR, STAMAS and BIEDA and referred to the
Committee on Outdoor Recreation and Tourism.
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, or an employee of
this
state or a law enforcement agency is not liable for damage to
or
loss of an electronic device that occurs as a result of a
conservation
officer or a law enforcement officer viewing an
electronic
copy of a license in the manner provided in this
section,
regardless of whether the conservation officer, law
enforcement
officer, or individual 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) or
(3)
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.
(c)
The remaining amount shall be retained under section 43541
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 waterfowl hunting license using an
electronic
device.
