HB-6021, As Passed House, June 25, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6021

     A bill to authorize the removal, capture, or lethal control of

a gray wolf that is preying upon a dog under certain circumstances;

to provide for penalties; and to promulgate rules.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

     (a) "Department" means the department of natural resources.

     (b) "Dog" includes a domesticated dog and a dog used for

hunting.

     Sec. 3. (1) The owner of a dog or his or her designated agent

may 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.

     (2) The owner of the dog or his or her designated agent shall

report the taking of a gray wolf to a department official as soon

as practicable, but not later than 12 hours after the taking. A

person who violates this subsection is guilty of a misdemeanor

punishable by imprisonment for not more than 90 days or a fine of

not less than $100.00 or more than $1,000.00, or both, and the

costs of prosecution.

     (3) Except as otherwise provided in subsection (4), the owner

of the dog or his or her designated agent shall retain possession

of a gray wolf taken until a department official is available to

take possession of and transfer the gray wolf to the appropriate

department personnel for examination. A person who violates this

subsection is guilty of a misdemeanor punishable by imprisonment

for not more than 90 days or a fine of not less than $100.00 or

more than $1,000.00, or both, and the costs of prosecution.

     (4) If lethal means are used to destroy a gray wolf, a person

shall not move or disturb the deceased gray wolf until a department

official is available to take possession of and transfer the gray

wolf to the appropriate department personnel for examination or

until as otherwise directed by a department official. A person

shall not disturb the area where lethal means were used to destroy

a gray wolf until after an official investigation by the department

is complete. If a dog is physically attacked or killed, a person

who uses lethal means to destroy a gray wolf shall produce the dog

that was attacked for inspection by department officials. A person

who violates this subsection is guilty of a misdemeanor punishable

by imprisonment for not more than 90 days or a fine of not less

than $100.00 or more than $1,000.00, or both, and the costs of

prosecution.

     (5) A department official shall respond to the scene where

lethal means were used to destroy a gray wolf not later than 12

hours after the department official is notified under subsection

(2).

     (6) The owner of the dog or his or her designated agent may

report the taking of a gray wolf by utilizing the department's

report all poaching hotline at 1-800-292-7800.

     Sec. 5. The department may promulgate rules to implement this

act pursuant to the administrative procedures act of 1969, 1969 PA

306, MCL 24.201 to 24.328.

     Enacting section 1. If any federal or state litigation

overturns the decision to remove gray wolves from the list of

endangered species, the Michigan department of natural resources

shall report the impact of that litigation on this act to the

standing committees of the legislature with jurisdiction over

issues primarily dealing with natural resources and the

environment.