April 9, 2013, Introduced by Senators CASPERSON, HILDENBRAND, BOOHER and MEEKHOF and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending the title and section 40113a (MCL 324.40113a), the
title as amended by 2005 PA 116 and section 40113a as amended by
1997 PA 19.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to protect the environment and natural resources of the
state; to codify, revise, consolidate, and classify laws relating
to the environment and natural resources of the state; to regulate
the discharge of certain substances into the environment; to
regulate the use of certain lands, waters, and other natural
resources of the state; to protect the people's right to hunt and
fish; to prescribe the powers and duties of certain state and local
agencies and officials; to provide for certain charges, fees,
assessments, and donations; to provide certain appropriations; to
prescribe penalties and provide remedies; and to repeal acts and
parts of acts.
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.
(c) The sound scientific management of bear populations in
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.
(c) The members of the subcommittee of the senate
appropriations committee and the subcommittee of the house of
representatives appropriations committee that consider the budget
of the department of natural resources.
(3) The legislature declares that hunting, fishing, and the
taking of game are a valued part of the cultural heritage of this
state and should be forever preserved. The legislature further
declares that these activities play an important part in the
state's economy and in the conservation, preservation, and
management of the state's natural resources. Therefore, the
legislature declares that the citizens of this state have a right
to hunt, fish, and take game, subject to the regulations and
restrictions prescribed by subsection (2) and law.