Bill Text: MI HB5321 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Natural resources; wildlife; issuance of permit to sterilize game animals; prohibit. Amends sec. 40114 of 1994 PA 451 (MCL 324.40114).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-20 - Assigned Pa 390'18 With Immediate Effect [HB5321 Detail]
Download: Michigan-2017-HB5321-Chaptered.html
Act No. 390
Public Acts of 2018
Approved by the Governor
December 19, 2018
Filed with the Secretary of State
December 19, 2018
EFFECTIVE DATE: March 19, 2019
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Cole and Lucido
ENROLLED HOUSE BILL No. 5321
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” 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 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 to take bear under this subdivision, the department shall, within 4 days after receiving the request, respond to the request and evaluate whether a permit should be issued. The department may, within 10 days after responding to 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. 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. 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 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 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), 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) The department shall forward fees received for permits and licenses issued under this section 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) Until April 1, 2022, the department shall not issue a permit authorizing the sterilization of game. The department shall submit, to the standing committees of the senate and house of representatives with primary responsibility for natural resources issues, 2 reports on the results of research under any permit authorizing the sterilization of game issued before the effective date of the amendatory act that added this subsection. A preliminary report shall be submitted by December 31, 2020 and a final report by March 31, 2022. The reports shall include any recommendations for legislation, including whether and how sterilization of deer should be authorized as a manner of taking game.
(10) The commission may establish, in or adjacent to urban areas with a high concentration of deer, special deer management zones for which a higher number of deer kill tags are issued.
(11) The legislative body of a municipality may by ordinance adopt a firearm hunting distance requirement shorter than the 150-yard requirement under section 40111 as part of a deer management plan. The 150-yard requirement under section 40111 does not apply in circumstances addressed by the ordinance.
(12) 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.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
