SB-0288, As Passed House, May 2, 2013

SUBSTITUTE FOR

SENATE BILL NO. 288

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 40103, 40110, 40113a, and 43536a (MCL

324.40103, 324.40110, 324.40113a, and 324.43536a), section 40103 as

amended by 2012 PA 520, section 40110 as added by 1995 PA 57,

section 40113a as amended by 1997 PA 19, and section 43536a as

amended by 2004 PA 545, and by adding section 48703a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 40103. (1) "Game" means any animal designated 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.

(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) ~~(hh)~~ Weasel.

(jj) ~~(ii)~~ Wild turkey.

(kk) ~~(jj)~~ Wolf.

(ll) ~~(kk)~~ Woodchuck.

(mm) (ll) Woodcock.

~~(mm) Virginia rail.~~

(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.

Sec. 40110. (1) Only the legislature or the commission may

designate a species as game. If an animal is designated under this

section by the legislature or commission as game, then only the

legislature or commission may authorize the establishment of the

first open season for that animal. Only the legislature may remove

a species from the list of game. The commission shall exercise its

authority under this subsection by issuing orders. The commission

shall not designate any of the following as game under this

subsection:

(a) A domestic animal.

(b) Livestock.

rejected by a referendum before the effective date of the 2013

amendatory act that amended this section.

(2) After the legislature or commission authorizes the

establishment of the first open season for game pursuant to 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 wildlife populations of the state and their habitat

are of paramount importance to the citizens of this state.

(b) The sound scientific management of the wildlife

populations of the state, including hunting of bear, is declared to

be in the public interest.

this state is necessary to minimize human/bear encounters and to

prevent bears from threatening or harming humans, livestock, and

pets.

(2) The commission ~~of natural resources shall have~~ has the

exclusive authority to regulate the taking of game as defined in

section 40103 in this state. The commission ~~of natural resources~~

shall, to the greatest extent practicable, utilize principles of

sound scientific management in making decisions regarding the

taking of game. Issuance of orders by the commission ~~of natural~~

~~resources~~ 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 commission ~~of natural~~

~~resources~~ 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.

appropriations committee and the subcommittee of the house of

representatives appropriations committee that consider the budget

of the department of natural resources.

Sec. 43536a. (1) A Subject to any lottery and other

eligibility requirements, a member of the military may obtain any

license under this part ~~for which a lottery is not required for~~

~~$1.00~~ free of charge upon presentation to a licensing agent of

leave papers, duty papers, military orders, or other evidence

acceptable to the department verifying that he or she is ~~stationed~~

~~outside of this state. The license is valid for a period of up to 2~~

~~weeks designated by the member of the military but only during the~~

~~season in which such a license would otherwise be valid.~~a member of

the military.

(2) As used in this section, "member of the military" means

either of the following:

(a) A person described by section 43506(3)(d). ~~who is~~

~~stationed outside this state.~~

(b) A person who meets all of the following requirements:

(i) The person is a reserve component soldier, sailor, airman,

or marine or member of the Michigan national guard and is called to

federal active duty.

(ii) At the time the person was called to federal active duty,

he or she was a resident of this state.

(~~iii~~~~) The person is stationed outside this state.~~

(iii) (iv) The person has maintained his or her residence in this

state for the purpose of obtaining a driver license or voter

registration, or both.

Sec. 48703a. The commission has the exclusive authority to

regulate the taking of fish in this state. The commission shall, to

the greatest extent practicable, utilize principles of sound

scientific management in making decisions regarding the taking of

fish. The commission shall issue orders regarding the taking of

fish 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