Bill Text: MI SB1187 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Natural resources; hunting; natural resources commission authority to designate species as game; provide for. Amends secs. 40103, 40110, 40113a & 48703a of 1994 PA 451 (MCL 324.40103 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-28 - Assigned Pa 0382'16 With Immediate Effect [SB1187 Detail]
Download: Michigan-2015-SB1187-Engrossed.html
SB-1187, As Passed Senate, December 8, 2016
SENATE BILL No. 1187
December 1, 2016, Introduced by Senator CASPERSON and referred to the Committee of the Whole.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 40103, 40110, 40113a, and 48703a (MCL
324.40103, 324.40110, 324.40113a, and 324.48703a), sections 40103,
40110, and 40113a as amended by 2014 PA 281 and section 48703a as
amended by 2015 PA 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40103. (1) "Game" means any species of wildlife
designated
by the legislature or the natural resources commission
as game under section 40110 and any of the following animals but
does not include privately owned cervidae species located on a
cervidae livestock facility 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) 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) Virginia rail.
(ii) Weasel.
(jj) Wild turkey.
(kk) Wolf.
(ll) Woodchuck.
(mm) Woodcock.
(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.
(9) "Conservation" means the wise use of natural resources.
Sec.
40110. (1) Only the legislature or the natural resources
commission may designate a wildlife species as game. Only the
legislature
or natural resources commission may establish the first
open season for a game species designated under this section. The
legislature retains the sole authority to remove a wildlife species
from
the list of game. species.
The
natural resources species.
The commission shall exercise
its authority under this subsection by issuing orders consistent
with its duty to use principles of sound scientific wildlife
management,
as expressed in sec. 40113(a). section
40113a. The
natural
resources commission may decline to
issue orders
authorizing an open season for a game species if doing so would
conflict with principles of sound scientific wildlife management.
The
natural resources commission shall not designate any of the
following as game under this subsection:
(a) A domestic animal.
(b) Livestock.
(c) Any species added to the game list by a public act that is
rejected by a referendum before May 14, 2013.
(2)
After the legislature or natural resources commission
authorizes the establishment of the first open season for game
pursuant
to under this section, the department may issue orders
pertaining to that animal for each of the purposes listed in
section 40107.
(3) As used in this section:
(a) "Domestic animal" means those species of animals that live
under the husbandry of humans.
(b) "Livestock" includes, but is not limited to, cattle,
sheep, new world camelids, goats, bison, privately owned cervids,
ratites, swine, equine, poultry, and rabbits. Livestock does not
include dogs and cats.
Sec. 40113a. (1) The legislature finds and declares that:
(a) The fish and wildlife populations of the state and their
habitat are of paramount importance to the citizens of this state.
(b) The conservation of fish and wildlife populations of the
state depend upon the wise use and sound scientific management of
the state's natural resources.
(c) The sound scientific management of the fish and wildlife
populations of the state, including hunting of bear, is declared to
be in the public interest.
(d) The sound scientific management of bear populations in
this state is necessary to minimize human/bear encounters and to
prevent bears from threatening or harming humans, livestock, and
pets.
(2)
The natural resources commission has the exclusive
authority to regulate the taking of game as defined in section
40103
in this state. The natural resources commission shall, to the
greatest extent practicable, utilize principles of sound scientific
management in making decisions regarding the taking of game. The
natural
resources commission may take
testimony from department
personnel, independent experts, and others, and review scientific
literature and data, among other sources, in support of its duty to
use
principles of sound scientific management. Issuance of orders
by
the natural resources The commission shall
issue orders
regarding
the taking of game shall be made following a public
meeting and an opportunity for public input. Not less than 30 days
before
issuing an order, the natural resources commission shall
provide a copy of the order to each of the following:
(a) Each member of each standing committee of the senate or
house of representatives that considers legislation pertaining to
conservation, the environment, natural resources, recreation,
tourism, or agriculture.
(b) The chairperson of the senate appropriations committee and
the chairperson of the house of representatives appropriations
committee.
(c) The members of the subcommittee of the senate
appropriations committee and the subcommittee of the house of
representatives appropriations committee that consider the budget
of the department of natural resources.
(3) The legislature declares that hunting, fishing, and the
taking of game are a valued part of the cultural heritage of this
state and should be forever preserved. The legislature further
declares that these activities play an important part in the
state's economy and in the conservation, preservation, and
management of the state's natural resources. Therefore, the
legislature declares that the citizens of this state have a right
to hunt, fish, and take game, subject to the regulations and
restrictions prescribed by subsection (2) and law.
Sec. 48703a. (1) The legislature finds and declares that
aquatic invasive species, including Asian carp, represent a
significant threat to the state's fisheries, aquatic resources,
outdoor recreation and tourism economies, and public safety.
(2) The commission has the exclusive authority to regulate
sport fishing under this part. The commission shall, to the
greatest extent practicable, utilize principles of sound scientific
management in making decisions regarding the regulation of sport
fishing under this part. The commission may take testimony from
department personnel, independent experts, and others, and review
scientific literature and data, among other sources, in support of
the commission's duty to use principles of sound scientific
management. The commission shall issue orders regarding the
regulation of sport fishing under this part following a public
meeting and an opportunity for public input. Not less than 30 days
before issuing an order, the commission shall provide a copy of the
order to each of the following:
(a) Each member of each standing committee of the senate or
house of representatives that considers legislation pertaining to
conservation, the environment, natural resources, recreation,
tourism, or agriculture.
(b) The chairperson of the senate appropriations committee and
the chairperson of the house of representatives appropriations
committee.
(c) The members of the subcommittee of the senate
appropriations committee and the subcommittee of the house of
representatives appropriations committee that consider the budget
of the department of natural resources.
(3)
For the fiscal year ending September 30, 2015, 2017, there
is appropriated for the department the sum of $1,000,000.00 to
implement management practices necessary for rapid response,
prevention, control, or elimination of aquatic invasive species,
including Asian carp. Any portion of the amount under this section
that
is not expended in the fiscal year ending September 30, 2015
2017 shall not lapse to the general fund but shall be carried
forward in a work project account that is in compliance with
section 451a of the management and budget act, 1984 PA 431, MCL
18.1451a.
