HOUSE BILL No. 5834

 

August 15, 2012, Introduced by Rep. Huuki 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 40103 and 43503 (MCL 324.40103 and 324.43503),

 

section 40103 as amended by 2000 PA 191 and section 43503 as added

 

by 1995 PA 57, and by adding sections 40110b and 43528b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40103. (1) "Game" means any of the following animals but

 

does not include privately owned cervidae species located on a

 

registered cervidae livestock facility as that term is defined in

 

registered under the privately owned cervidae producers marketing

 

act, 2000 PA 190, MCL 287.951 to 287.969:

 

     (a) Badger.

 

     (b) Bear.

 

     (c) Beaver.

 

     (d) Bobcat.

 

     (e) Brant.

 


     (f) Coot.

 

     (g) Coyote.

 

     (h) Crow.

 

     (i) Deer.

 

     (j) Duck.

 

     (k) Elk.

 

     (l) Fisher.

 

     (m) Florida gallinule.

 

     (n) Fox.

 

     (o) Geese.

 

     (p) Gray wolf.

 

     (q) (p) Hare.

 

     (r) (q) Hungarian partridge.

 

     (s) (r) Marten.

 

     (t) (s) Mink.

 

     (u) (t) Moose.

 

     (v) (u) Muskrat.

 

     (w) (v) Opossum.

 

     (x) (w) Otter.

 

     (y) (x) Pheasant.

 

     (z) (y) Quail.

 

     (aa) (z) Rabbit.

 

     (bb) (aa) Raccoon.

 

     (cc) (bb) Ruffed grouse.

 

     (dd) (cc) Sharptailed grouse.

 

     (ee) (dd) Skunk.

 

     (ff) (ee) Snipe.

 


     (gg) (ff) Sora rail.

 

     (hh) (gg) Squirrel.

 

     (ii) (hh) Weasel.

 

     (jj) (ii) Wild turkey.

 

     (kk) (jj) Woodchuck.

 

     (ll) (kk) Woodcock.

 

     (mm) (ll) Virginia rail.

 

     (2) "Interim order of the department" means an order of the

 

department issued under section 40108.

 

     (3) "Kind" means an animal's sex, age, or physical

 

characteristics.

 

     (4) "Normal agricultural practices" means generally accepted

 

agricultural and management practices as defined by the commission

 

of agriculture and rural development.

 

     (5) "Open season" means the dates during which game may be

 

legally taken.

 

     (6) "Parts" means any or all portions of an animal, including

 

the skin, plumage, hide, fur, entire body, or egg of an animal.

 

     (7) "Protected" or "protected animal" means an animal or kind

 

of animal that is designated by the department as an animal that

 

shall not be taken.

 

     (8) "Residence" means a permanent building serving as a

 

temporary or permanent home. Residence may include a cottage,

 

cabin, or mobile home, but does not include a structure designed

 

primarily for taking game, a tree blind, a tent, a recreational or

 

other vehicle, or a camper.

 

     Sec. 40110b. (1) The legislature finds and declares that:

 


     (a) The wildlife populations of the state and their habitat

 

are of paramount importance to the citizens of this state.

 

     (b) The sound scientific management of gray wolf populations

 

in this state is necessary, including the use of hunting as a

 

management tool, to minimize human and gray wolf encounters and to

 

prevent gray wolves from threatening or harming humans, livestock,

 

and pets.

 

     (2) The legislature hereby authorizes the establishment of the

 

first open season for gray wolf. The commission may issue orders

 

under section 40113a establishing annual gray wolf hunting seasons

 

throughout the state.

 

     Sec. 43503. (1) "Fish" means all species of fish.

 

     (2) "Fishing" means the pursuing, capturing, catching,

 

killing, or taking of fish, and includes attempting to pursue,

 

capture, catch, kill, or take fish.

 

     (3) "Firearm" means a weapon from which a dangerous projectile

 

may be propelled by using explosives, gas, or air as a means of

 

propulsion. 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 or air or gas.

 

     (4) "Firearm deer season" means any period in which deer may

 

be lawfully hunted with a firearm.

 

     (5) "Fur-bearing animals" includes badger, beaver, bobcat,

 

coyote, fisher, fox, lynx, marten, mink, muskrat, opossum, otter,

 

raccoon, skunk, and weasel. , and wolf.

 

     Sec. 43528b. (1) An individual shall not hunt gray wolf

 

without a wolf hunting license. The fee for a resident wolf hunting

 


license is $100.00. The fee for a nonresident wolf hunting license

 

is $500.00. The department may establish a nonrefundable

 

application fee not to exceed $4.00 for each person who applies for

 

a wolf hunting license.

 

     (2) The department may issue a kill tag with, or as part of, a

 

wolf hunting license. Section 43526(2) applies with respect to a

 

wolf hunting license.