ALLOW DOG OWNERS TO CAPTURE OR KILL

GRAY WOLVES ATTACKING THEIR DOGS

House Bill 6021 (Substitute H-1)

Sponsor:  Rep. Gary McDowell

Committee:  Agriculture

Complete to 6-25-08

A SUMMARY OF HOUSE BILL 5686 AS REPORTED FROM COMMITTEE 6-24-08

The bill would create a new act permitting dog owners to capture or kill gray wolves preying on their dogs (hunting or domesticated). 

Specifically, a dog owner (or designated agent) could remove, capture, or, if deemed necessary, "use lethal means to destroy" a gray wolf that is in the act of preying upon the owner's dog. 

General reporting and holding requirements.  The owner or agent would have to both: 

·                    Report the taking of a gray wolf to a conservation officer as soon as practicable (no later than 12 hours).  (The DNR's "Report All Poaching Hotline" could be used to make the report.  The number is 1-800-292-7800.) 

·                    Hold the wolf until a DNR official is available to take possession of and transfer it to appropriate DNR personnel for examination.

·                    A violation of either of these requirements would constitute a misdemeanor punishable by imprisonment of up to 90 days, a fine of at least $100 but not more than $1000, or both, and the costs of prosecution. 

Lethal means.  If a gray wolf is killed, the following rules would also apply:

·                    Unless otherwise directed by the DNR, no person could move or disturb the dead gray wolf until the DNR could take possession of and transfer it to appropriate personnel for examination.

·                    No person could disturb the area where the gray wolf was killed until the DNR's official investigation was complete. 

·                    A violation of these requirements would constitute a misdemeanor punishable by imprisonment of up to 90 days, a fine of at least $100 but not more than $1000, or both, and the costs of prosecution. 

DNR response.  A DNR official would be required to respond to the scene within 12 hours after receiving notice of the use of lethal means. 

Rules.  The DNR could promulgate rules to implement the act. 

Effect of court decisions about status of gray wolves.  If a federal or state court overturned the decision to remove gray wolves from the list of endangered species, the DNR would be required to report the effect of that decision on the act to the appropriate legislative standing committees. 

FISCAL IMPACT:

            A fiscal analysis is in process.

POSITIONS: 

            The Department of Natural Resources supports the substitute bill.  (6-24-08)

            The Michigan Association for Purebred Dogs supports the bill.  (6-24-08)

            The Michigan Hunting Dog Federation supports the bill.  (6-24-08)

             

                                                                                           Legislative Analyst:   Shannan Kane

                                                                                                  Fiscal Analyst:   William E. Hamilton

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.