SB-1077, As Passed Senate, November 6, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1077

     A bill to amend 2008 PA 290, entitled

"An act to authorize the removal, capture, or lethal control of a

gray wolf that is preying upon livestock under certain

circumstances; and to provide for penalties,"

(MCL 324.95151 to 324.95153) by adding section 5.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5. (1) Sections 1 and 3 shall not be operational and

enforceable until 1 of the following occurs:

     (a) A final appellate court issues a decision overruling the

decision of the United States district court for the District of

Columbia in The Humane Society of the United States v Dirk

Kempthorne, civil action no. 07-0677 (D.C.C. September 29, 2008),

and permits the final rule of the United States fish and wildlife

service in 72 FR p. 6052 (February 8, 2007) removing gray wolves

located in this state from the list of endangered and threatened

wildlife established under the federal endangered species act of

1973 to take effect.

     (b) The United States fish and wildlife service promulgates a

final rule dated after March 12, 2007 that removes gray wolves

located in this state from the list of endangered and threatened

wildlife established under the federal endangered species act of

1973 and that final rule takes effect.

     (2) Upon sections 1 and 3 becoming operational and enforceable

pursuant to subsection (1), the department shall post a notice on

the department's website that includes all of the following:

     (a) The date sections 1 and 3 are operational and enforceable

pursuant to subsection (1).

     (b) A summary of the provisions of sections 1 and 3.