February 17, 2009, Introduced by Reps. Nerat, Melton, Byrnes, Rocca, Lindberg, Lahti, McDowell, Neumann, Bauer, Sheltrown and Scripps and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 504 (MCL 324.504), as amended by 2004 PA 130.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
504. (1) The department shall promulgate rules for the
protection
of the to protect and
preserve lands and other property
under
its control against wrongful use or occupancy as will ensure
the
carrying out of the intent of this part to protect the lands
and
property from depredations and to preserve the lands and
property
from molestation, spoilation, destruction, or any other
from depredation, damage, or destruction or wrongful or improper
use or occupancy.
(2) Subject to subsection (4), the department shall do all of
the following:
(a) Keep land under its control open to hunting unless the
department determines that the land should be closed to hunting
because of public safety, fish or wildlife management, or homeland
security concerns or as otherwise required by law.
(b) Manage land under its control to support and promote
hunting opportunities to the extent authorized by law.
(c) Manage land under its control to prevent any net decrease
in the acreage of such land that is open to hunting.
(3) Subject to subsection (4), by April 1, 2010 and each year
thereafter, the department shall submit to the legislature a report
that includes all of the following:
(a) The location and acreage of land under its control
previously open to hunting that the department closed to hunting
during the 1-year period ending the preceding March 1, together
with the reasons for the closure.
(b) The location and acreage of land under its control
previously closed to hunting that the department opened to hunting
during the 1-year period ending the preceding March 1 to compensate
for land closed to hunting under subdivision (a).
(4) Subsections (2) and (3) do not apply to commercial
forestland as defined in section 51101.
(5) (2)
This section does not allow authorize
the department
to promulgate a rule that applies to commercial fishing except as
otherwise provided by law.
(6) (3)
The department shall not promulgate or enforce a rule
that prohibits an individual who is licensed or exempt from
licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a
pistol in compliance with that act, whether concealed or otherwise,
on property under the control of the department.
(7) (4)
The department shall issue orders necessary to
implement rules promulgated under this section. These orders shall
be effective upon posting.
(8) (5)
A person who violates a rule promulgated under this
section or an order issued under this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.