HOUSE BILL No. 6424 September 24, 2002, Introduced by Rep. DeVuyst and referred to the Committee on Conservation and Outdoor Recreation. A bill to amend 2000 PA 190, entitled "Privately owned cervidae producers marketing act," by amending section 6 (MCL 287.956). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) A completed initial application for a registra- 2 tion shall be submitted to the department not less than 60 days 3 before the construction of the cervidae livestock facility. The 4 department through adoption by the commission of agriculture 5 shall utilize the standards contained in "Operational Standards 6 for Registered Privately Owned Cervid Facilities", published by 7 the Michigan department of agriculture, (May 2000), and incorpo- 8 rated by reference, to evaluate the issuance, maintenance, and 9 renewal of a registration issued under this act. The department 10 after consultation with the department of natural resources and 11 with concurrence of the commission of agriculture may, by 07564'02 LBO 2 1 amendment of this act or promulgation of a rule, amend, update, 2 or supplement the standards adopted in this subsection. 3 (2) As part of the application, the applicant for registra- 4 tion shall submit a business plan complying with the standards 5 established under this section that includes all of the 6 following: 7 (a) The complete address of the proposed cervidae livestock 8 facility and the size of, the location of, and a legal descrip- 9 tion of the lands on which the cervidae livestock operation will 10 be conducted. 11 (b) The number of cervidae species included in the proposed 12 facility. 13 (c) Biosecurity measures to be utilized, including, but not 14 limited to, methods of fencing and appropriate animal 15 identification. 16 (d) The proposed method of flushing wild cervidae species 17 from the enclosure, if applicable. 18 (e) The proposed record-keeping system. 19 (f) The method of verification that all free-ranging cervi- 20 dae species have been removed. 21 (g) The current zoning of the property proposed as a cervi- 22 dae livestock facility and whether the local unit or units of 23 government within which the cervidae livestock facility will be 24 located has an ordinance regarding fences. 25 (h) Any other information considered necessary by the 26 department. 07564'02 3 1 (3) Upon receipt of an application, the director shall 2 forward 1 copy each to the departments of natural resources and 3 environmental quality. Upon receipt of an application, the 4 department shall send a written notice to the local unit or units 5 of government within which the proposed cervidae livestock facil- 6 ity will be located unless the department determines, from infor- 7 mation provided in the application, that the local unit of gov- 8 ernment has a zoning ordinance under which the land is zoned 9 agricultural. The local unit or units of government may respond, 10 within 30 days of receipt of the written notice, indicating 11 whether the applicant's cervidae livestock facility would be in 12 violation of any ordinance. 13 (4) The department shall not issue an initial cervidae live- 14 stock facility registration or modification unless the applica- 15 tion demonstrates all of the following: 16 (a) The cervidae livestock facility has been inspected by 17 the director and the director has determined that the cervidae 18 livestock facility meets the standards and requirements pre- 19 scribed by and adopted under this act, complies with the business 20 plan submitted to the department, and determines that there are 21 barriers in place to prevent the escape of cervidae species and 22 prevent the entry of wild cervidae species. In the case of elk, 23 a perimeter fence shall be constructed of woven wire and be at 24 least 8 feet high and, in the case of white-tailed deer, a perim- 25 eter fence shall be constructed of woven wire and be at least 10 26 feet high. For other cervidae species, the perimeter fence 27 height shall be determined by standards and requirements 07564'02 4 1 prescribed by and adopted under this act. IN ALL CASES, THERE 2 SHALL BE DOUBLE-FENCING NOT LATER THAN 180 DAYS AFTER THE EFFEC- 3 TIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SENTENCE. 4 (b) Individual animals are appropriately identified in com- 5 pliance with the standards established under this section. 6 (c) The applicant has all necessary permits that are 7 required under part 31 regarding water resources protection, part 8 301 regarding inland lakes and streams, and part 303 regarding 9 wetland protection of the natural resources and environmental 10 protection act, 1994 PA 451, MCL 324.3101 to 324.3133, 324.30101 11 to 324.30113, and 324.30301 to 324.30323, and any other permits 12 or authorizations that may be required by law. 13 (5) Upon receipt of a denial under this section and without 14 filing a second application, the applicant may request in writing 15 and, if requested, the department shall provide an informal 16 department review of the application. The review shall include 17 the applicant, the department, and the departments of natural 18 resources and environmental quality, if applicable. After the 19 informal department review, if the director determines that the 20 proposed cervidae livestock facility or cervidae livestock opera- 21 tion complies with the requirements of this act, the director 22 shall issue a registration within 30 days after the applicant 23 notifies the department of completion of the facility. After the 24 informal department review, if the director determines that the 25 proposed cervidae livestock facility or cervidae livestock opera- 26 tion does not comply with the requirements of this act, the 27 director shall affirm the denial of the application in writing 07564'02 5 1 and specify the deficiencies needed to be addressed or corrected 2 in order for a registration to be issued. The applicant may 3 waive the informal department review of the application. 07564'02 Final page. LBO