Bill Text: MI SB0613 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Natural resources; wildlife; certain game killed by a vehicle; allow salvaging of. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 40115.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-07-16 - Assigned Pa 0255'14 With Immediate Effect [SB0613 Detail]
Download: Michigan-2013-SB0613-Chaptered.html
Act No. 255
Public Acts of 2014
Approved by the Governor
June 26, 2014
Filed with the Secretary of State
June 30, 2014
EFFECTIVE DATE: September 28, 2014
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Senators Booher and Pappageorge
ENROLLED SENATE BILL No. 613
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,” (MCL 324.101 to 324.90106) by adding section 40115.
The People of the State of Michigan enact:
Sec. 40115. (1) Subject to subsections (9) and (10), an individual may possess game, other than badger, bobcat, brant, coot, crow, cub bear, duck, elk, fisher, Florida gallinule, geese, marten, moose, otter, snipe, sora rail, spotted fawn deer, Virginia rail, wild turkey, wolf, and woodcock, that is either killed by, or injured and euthanized as allowed under law following, a collision with a motor vehicle. The driver of the motor vehicle has first priority to take possession of the game.
(2) An individual in possession of deer under subsection (1) shall do 1 of the following:
(a) Obtain a salvage tag under subsection (8).
(b) Promptly notify the department or a local law enforcement agency of his or her intent to maintain possession of the game under subsection (1) by telephone or on the department’s website.
(c) If the individual is the driver of the motor vehicle involved in the collision and as a result of that collision is calling 9-1-1 to report the collision, the individual must state his or her intent to maintain possession of the game under subsection (1).
(3) An individual in possession of beaver, coyote, fox, mink, muskrat, opossum, raccoon, skunk, weasel, or small game under subsection (1) shall prepare a written record with all of the following information:
(a) The date and time the individual took possession of the game.
(b) The location where the possession of the game occurred.
(c) The type of game the individual seeks to possess.
(d) Whether the individual has requested a salvage tag under subsection (8).
(e) The individual’s full name, including middle initial, date of birth, mailing address, telephone number, and driver license number.
(f) The intended purpose for obtaining possession of the game, including, but not limited to, human consumption, bait, or other uses.
(4) An individual in possession of bear under subsection (1) shall obtain a salvage tag for that bear under subsection (8).
(5) If an individual notifies 9-1-1, the department, or a local law enforcement agency under subsection (2) of his or her intent to legally maintain possession of the game under subsection (1), that individual shall provide 9-1-1, the department, or the local law enforcement agency with the following information:
(a) The date and time the individual took possession of the game.
(b) The location where the possession of the game occurred.
(c) The type of game the individual seeks to possess. If the game is a deer, identify whether the deer is an antlered deer or antlerless deer. If it is an antlered deer, identify the number of antler points.
(d) Whether the individual has requested a salvage tag under subsection (8).
(e) The individual’s full name, including middle initial, date of birth, mailing address, telephone number, and driver license number.
(f) The intended purpose for obtaining possession of the game, including, but not limited to, human consumption, bait, or other uses.
(6) For beaver, coyote, fox, mink, muskrat, opossum, raccoon, skunk, weasel, and small game, an individual shall maintain the written record prepared under subsection (3) until the individual obtains a salvage tag under subsection (8) or until the game and its parts are consumed, are composted, or are no longer possessed by any person. The record shall be kept at the location where the game or its parts are kept. The individual shall exhibit the record upon request of a law enforcement officer.
(7) An individual in possession of game under subsection (1) who has obtained a salvage tag under subsection (2), (4), or (8) shall upon the request of a conservation officer or peace officer produce the salvage tag. Immediately following the issuance of a salvage tag, an individual possessing game shall securely attach the salvage tag to the game. The salvage tag shall remain attached until the game is processed, butchered for consumption, or delivered to a business for the purpose of taxidermy or tanning. If the game is used for bait, the salvage tag may be removed, but the individual possessing that game shall produce the salvage tag if requested by a conservation officer or peace officer.
(8) The department shall promptly issue a salvage tag if requested by an individual in possession of game under subsection (1).
(9) The director may immediately suspend all salvage mechanisms for disease-affected areas by issuing an order based on sound science to address disease control. The department shall provide public notice of that order and notify the legislative committees with primary oversight of natural resources before issuing that order. The director shall revoke the suspension after the department verifies the absence of the identified disease in the affected area. The department shall provide public notice of the suspension and of the revocation of the suspension by posting notice on the department’s website and at department offices throughout the disease-affected areas.
(10) This section does not apply to an individual who intentionally uses a motor vehicle to kill or injure game.
(11) The department shall annually issue a report in electronic form to each member of the legislature that includes all of the following:
(a) The number of salvage tags issued under subsection (8).
(b) The number of animals reported to the department under subsection (2)(b).
(c) If available, the number of animals reported to local law enforcement agencies or 9-1-1 under subsection (2)(b) and (c).
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.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
