December 5, 2017, Introduced by Reps. Cole and Lucido and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40114 (MCL 324.40114), as amended by 2016 PA
356.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40114. (1) The department may issue a permit to an
individual who is unable to walk because the individual is a
paraplegic or an amputee or because of a disease or injury that has
rendered the individual permanently disabled. A permit issued under
this subsection authorizes the individual to take game during the
open season for that game, including deer of either sex, from or
upon a standing vehicle if that individual holds a license to take
that game issued under part 435 and complies with all other laws
and rules for the taking of game.
(2) The department may issue a permit to an individual who is
permanently disabled, who has full use of only 1 arm, and who upon
investigation is unable to hold, aim, and shoot a bow. A permit
issued under this subsection authorizes the individual to take game
during the open season for that game with a bow that has been
modified so that the bow may be held, aimed, and shot with 1 arm,
if that individual holds a license to take that game issued under
part 435 and complies with all other laws and rules for the taking
of game.
(3) The commission may issue an order under section 40113a
regulating the taking of game with a modified bow that may be shot
with 1 arm. Subsection (2) does not apply on or after the effective
date of such an order.
(4) In addition, the department may issue permits authorizing
1 or more of the following:
(a) The taking or possession of animals for the purpose of
rehabilitating animals.
(b) The taking of animals to prevent or control damage to
crops or feed, disease, or nuisance caused by the animals. The
taking of animals to prevent or control damage to crops or feed is
subject to the following:
(i) Except during an open season for deer, deer may be taken
under this subdivision if the department determines that deer have
caused damage to emerging, standing, or harvested crops or to feed
properly stored in accordance with normal agricultural practices.
If
the department receives a request for a permit issued to take
deer under this subdivision, the department shall, within 5
business days after receiving the request, determine whether a
permit should be issued. If the department determines that a permit
should not be issued under this subdivision, the department shall
deny the request in writing within 10 business days after receiving
the request. In denying the request for a permit, the department
shall advise the applicant on other techniques for controlling or
preventing damage caused by deer.
(ii) A permittee under a deer damage shooting permit may
designate not more than 15 authorized shooters to implement the
provisions of the permit unless the department authorizes
otherwise.
(iii) Except during an open season for bear, bear may be taken
under this subdivision if the department determines that bear have
caused damage to emerging, standing, or harvested crops or to feed
properly stored in accordance with normal agricultural practices.
If
the department receives a request for a permit issued to take
bear under this subdivision, the department shall, within 4 days
after
receiving the request, respond to a the request and evaluate
whether a permit should be issued. The department may, within 10
days
after responding to a the request for a permit, attempt or
recommend that the applicant attempt other methods for controlling
or preventing damage caused by bear, if the applicant is not
required to pay for those methods. Within 10 days after responding
to a request for a permit, the department shall grant or deny the
request in writing. In denying the request for a permit, the
department shall advise the applicant on other techniques for
controlling or preventing damage caused by bear. A permittee under
a bear damage shooting permit may allow only an individual with a
bear hunting license issued under section 43528 for that bear
management unit and calendar year to implement the provisions of
this subdivision. If an individual takes a bear under this
subdivision, that individual shall not take another bear under a
bear hunting license issued under section 43528 during that
calendar year. An individual implementing this section is subject
to the rules and regulations for a bear hunting license issued
under section 43528 except that individuals shall not use bait to
take a bear under this subdivision. An individual shall not take a
cub bear or a female bear accompanied by a cub bear under this
subdivision.
Except as otherwise provided in this subdivision, the
The department shall not allow more than 5% of the bear hunting
licenses issued for a bear management unit to be used to implement
the
provisions of this subdivision. In However, in a bear
management unit that offers fewer than 20 licenses, the department
may allow 1 of those bear hunting licenses to be used to implement
the
provisions of this section. this
subdivision. If an individual
takes a bear under this subdivision, that individual shall register
that
bear at a field office of the department within 72 hours of
after taking the bear.
(c) The collection, transportation, possession, or disposition
of animals and parts of animals for scientific purposes.
(d) The public exhibition of animals.
(e) Taxidermy.
(f) The disposition of accidentally or unlawfully taken or
injured animals or animals that are unlawfully possessed.
(g) The taking of game with a crossbow by an individual who is
permanently or temporarily disabled.
(h) The taking or possession of raptors for the purposes of
falconry.
(5) The taking of animals pursuant to a permit issued under
subsection
(4)(a), (b), (c), (d), (e), (f), and or (h) is not
considered hunting.
(6) A permit issued under this section may be suspended,
revoked, annulled, withdrawn, recalled, canceled, or amended
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328. If the holder of a permit is convicted of
violating the permit or this section, his or her permit or license
may be revoked and any animal and the parts of any animal in his or
her possession shall be disposed of in a manner approved by the
department.
(7)
Fees The department shall
forward fees received for
permits
and licenses issued under this section shall be forwarded
by
the department to the state
treasurer to be credited to the game
and fish protection account of the Michigan conservation and
recreation legacy fund provided for in section 2010.
(8) By March 30, 2018, the department shall issue a report in
electronic form to each member of the legislature that includes all
of the following:
(a) The number of bear damage shooting permits issued under
subsection (4)(b)(iii).
(b) The number of bears taken under subsection (4)(b)(iii).
(c) Any recommendations for changes to the bear damage
shooting permits under subsection (4)(b)(iii).
(9) The department shall not issue a permit that authorizes
the sterilization of game.
(10) (9)
As used in this section, "cub
bear" means a bear that
is less than 1 year of age.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.