Bill Text: MI SB0309 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Agriculture; animals; certain sporting swine; exclude from regulation as game. Amends secs. 40103 & 41102 of 1994 PA 451 (MCL 324.40103 & 324.41102). TIE BAR WITH: SB 0307'11, SB 0308'11, SB 0310'11

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-11-09 - Referred To Committee On Agriculture [SB0309 Detail]

Download: Michigan-2011-SB0309-Introduced.html

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SENATE BILL No. 309

 

 

March 24, 2011, Introduced by Senator HUNE and referred to the Committee on Agriculture.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40103 and 41102 (MCL 324.40103 and 324.41102),

 

as amended by 2000 PA 191.

 

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

 

that is registered under the privately owned cervidae producers

 

marketing act, 2000 PA 190, MCL 287.951 to 287.969, or sporting

 

swine species located on a sporting swine livestock operation that

 

is registered under the sporting swine marketing act:

 

     (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) Hare.

 

     (q) Hungarian partridge.

 

     (r) Marten.

 

     (s) Mink.

 

     (t) Moose.

 

     (u) Muskrat.

 

     (v) Opossum.

 

     (w) Otter.

 

     (x) Pheasant.

 

     (y) Quail.

 

     (z) Rabbit.

 

     (aa) Raccoon.

 

     (bb) Ruffed grouse.

 

     (cc) Sharptailed grouse.

 

     (dd) Skunk.

 

     (ee) Snipe.

 

     (ff) Sora rail.

 

     (gg) Squirrel.

 

     (hh) Weasel.

 

     (ii) Wild turkey.

 

     (jj) Woodchuck.

 

     (kk) Woodcock.

 

     (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.

 

     (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. 41102. (1) The department, in accordance with this part,

 

may regulate the taking or killing of all fish, game and fur-

 

bearing animals, and game birds protected by the laws of this

 

state, and may suspend or abridge the open season provided by law

 

for the taking or killing of such fish, animals, or game birds in

 

any designated waters or area of this state, if in the opinion of

 

the department it is necessary to assist in the increased or better

 

protection of the fish, game or fur-bearing animals, or game birds,

 

or any particular kinds or species of fish, game or fur-bearing

 

animals, or game birds, which may in the opinion of the department

 

be threatened from any cause or causes with depletion or

 

extermination in the waters or area. The department may promulgate

 

rules and orders necessary to implement this part after a thorough

 

investigation has been made by the department.

 

     (2) This section does not apply to privately the following:

 

     (a) Privately owned cervidae species located on a registered

 

cervidae livestock facility or involved in a registered cervidae

 

livestock operation under the privately owned cervidae producers

 

marketing act, 2000 PA 190, MCL 287.951 to 287.969.

 

     (b) Sporting swine located on a sporting swine livestock

 

operation permitted under the sporting swine marketing act.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 310.                                   

 

           

 

     (b) Senate Bill No. 308.                                   

 

                 

 

     (c) Senate Bill No. 307.