Bill Text: MI HB4927 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Natural resources; hunting; penalties for illegally baiting game; provide for. Amends secs. 40102 & 40118 of 1994 PA 451 (MCL 324.40102 & 324.40118).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-09-13 - Printed Bill Filed 09/09/2011 [HB4927 Detail]
Download: Michigan-2011-HB4927-Introduced.html
HOUSE BILL No. 4927
September 8, 2011, Introduced by Rep. Olson and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 40102 and 40118 (MCL 324.40102 and 324.40118),
section 40102 as amended by 2007 PA 48 and section 40118 as amended
by 2000 PA 347.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40102. (1) "Animals" means wild birds and wild mammals.
(2) "Bag limit" means the number of animals that may be taken
and possessed as determined by the department.
(3) "Bait" means a substance composed of grain, mineral, salt,
fruit, vegetable, hay, or any other food material or combination of
these materials, whether natural or manufactured, that may lure,
entice, or attract white-tailed deer or elk, or meats, meat
products, fish, fish products, or bakery products or any other food
material or combination of these materials, whether natural or
manufactured, that may lure, entice, or attract bear. Bait does not
include the establishment and maintenance of plantings for
wildlife, food found scattered solely as the result of normal
agricultural planting or harvesting practices, food available to
white-tailed deer, elk, or bear through normal agricultural
practices of livestock feeding if the area is occupied by livestock
actively consuming the feed on a daily basis, or standing farm
crops under normal agricultural practices.
(4) "Baiting" means to place, deposit, tend, distribute, or
scatter bait to aid in the taking of game.
(5) (3)
"Bow" means a device for
propelling an arrow from a
string drawn, held, and released by hand where the force used to
hold the string in the drawn position is provided by the archer's
muscles.
(6) (4)
"Buy" or "sell"
means an exchange or attempt or offer
to exchange for money, barter, or anything of value.
(7) (5)
"Chase" means to follow
animals with dogs or other
wild or domestic animals trained for that purpose.
(8) (6)
"Cormorant damage" means
adverse impacts of double-
crested cormorants on fish, fish hatchery stock, wildlife, plants,
and their habitats and on man-made structures.
(9) (7)
"Cormorant depredation order"
means the depredation
order for double-crested cormorants to protect public resources, 50
CFR 21.48, issued by the United States department of the interior,
fish and wildlife service.
(10) (8)
"Crossbow" means a weapon
consisting of a bow mounted
transversely on a stock or frame and designed to fire an arrow,
bolt, or quarrel by the release of a bow string that is controlled
by a mechanical or electric trigger and has a working safety and a
draw weight of 100 pounds or greater.
(11) (9)
"Deer or elk feeding"
means the depositing,
distributing, or tending of feed in an area frequented by wild,
free-ranging white-tailed deer or elk. Deer or elk feeding does not
include any of the following:
(a) Feeding wild birds or other wildlife if done in such a
manner as to exclude wild, free-ranging white-tailed deer and elk
from gaining access to the feed.
(b) The scattering of feed solely as the result of normal
logging practices or normal agricultural practices.
(c) The storage or use of feed for agricultural purposes if 1
or more of the following apply:
(i) The area is occupied by livestock actively consuming the
feed on a daily basis.
(ii) The feed is covered to deter wild, free-ranging white-
tailed deer or elk from gaining access to the feed.
(iii) The feed is in a storage facility that is consistent with
normal agricultural practices.
(d) Baiting to take game as provided by an order of the
commission under section 40113a.
(12) (10)
"Disability" means a determinable
physical
characteristic of an individual that may result from disease,
injury, congenital condition of birth, or functional disorder.
(13) (11)
"Feed" means a substance
composed of grain, mineral,
salt, fruit, vegetable, hay, or any other food material or
combination of these materials, whether natural or manufactured,
that may attract white-tailed deer or elk. Feed does not include
any of the following:
(a) Plantings for wildlife.
(b) Standing farm crops under normal agricultural practices.
(c) Agricultural commodities scattered solely as the result of
normal agricultural practices.
(14) (12)
"Firearm" means a weapon
from which a dangerous
projectile may be propelled by using explosives, gas, or air.
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, air, or gas.
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), (15), 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, 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 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 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.
(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 under
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 under 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 under
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) A person who violates a provision of this part or an
order or interim order issued under this part regarding baiting is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not less than $250.00 or more than
$500.00, or both, and the costs of prosecution.
(13) A person who is convicted of a second violation of
subsection (12) is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not less than
$500.00 or more than $1,000.00, or both, and the costs of
prosecution. In addition, a person sentenced under this subsection
shall not secure or possess a license of any kind to hunt during
the remainder of the year in which convicted and the next 2
succeeding calendar years.
(14) A person who is convicted of a third or subsequent
violation of subsection (12) is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not less
than $1,000.00 or more than $2,000.00, or both, and the costs of
prosecution. In addition, a person sentenced under this subsection
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.
(15)
(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.
