Bill Text: MI HB4371 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Natural resources; hunting; minimum hunting age; eliminate, and create mentored youth hunting program. Amends secs. 43520, 43525a & 43531 of 1994 PA 451 (MCL 324.43520 et seq.). TIE BAR WITH: SB 0207'11

Spectrum: Slight Partisan Bill (Republican 18-6)

Status: (Passed) 2011-07-27 - Assigned Pa 120'11 With Immediate Effect [HB4371 Detail]

Download: Michigan-2011-HB4371-Chaptered.html

Act No. 120

Public Acts of 2011

Approved by the Governor

July 20, 2011

Filed with the Secretary of State

July 20, 2011

EFFECTIVE DATE: September 1, 2011

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2011

Introduced by Reps. Pettalia, Brown, Brunner, Cotter, Crawford, Damrow, Goike, Heise, Huuki, Jacobsen, Lyons, MacGregor, Meadows, Melton, Moss, O’Brien, Opsommer, Ouimet, Potvin, Rendon, Slavens, Smiley, Somerville and Walsh

ENROLLED HOUSE BILL No. 4371

AN ACT to amend 1994 PA 451, entitled “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 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,” by amending sections 43520, 43525a, and 43531 (MCL 324.43520, 324.43525a, and 324.43531), section 43520 as amended by 2006 PA 282, section 43525a as amended by 2006 PA 280, and section 43531 as amended by 2009 PA 70.

The People of the State of Michigan enact:

Sec. 43520. (1) Subject to other requirements of this part, the department may issue a hunting license to a minor child if all of the following requirements are met:

(a) A parent or legal guardian of the minor child applies for the license on behalf of the minor child.

(b) The parent or guardian represents that the requirements of section 43517, as applicable, will be complied with.

(c) The license fee is paid.

(2) A person authorized to sell hunting licenses shall not issue a hunting license to an individual born after January 1, 1960, unless the individual presents proof of previous hunting experience in the form of a hunting license issued by this state, another state, a province of Canada, or another country or presents a certification of completion of training in hunter safety issued to the individual by this state, another state, a province of Canada, or another country. If an applicant for a hunting license does not have proof of such a previous license or a certification of completion of training in hunter safety, a person authorized to sell hunting licenses may issue a hunting license if the applicant submits a signed affidavit stating that the applicant has completed a course in hunter safety or that the applicant possessed such a hunting license previously. The person selling a hunting license shall record as specified by the department the form of proof of the previous hunting experience or certification of completion of hunter safety training presented by the applicant. This subsection does not apply to the issuance of an apprentice license. An apprentice license or the equivalent does not satisfy the requirements of this subsection concerning proof of previous hunting experience.

(3) An individual who does not meet the requirements of subsection (2) may obtain an apprentice license for the same price as the corresponding regular license that the individual would otherwise be qualified to obtain. An individual 17 years old or older shall not hunt game under an apprentice license unless another individual at least 21 years old who possesses a license, other than an apprentice license, to hunt that game accompanies that apprentice licensee and does not accompany more than 1 other apprentice licensee. For the purposes of this subsection and section 43517(1)(b), an individual shall not go along with more than 2 apprentice licensees of any age for the purpose of accompanying those apprentice licensees while those apprentice licensees are hunting. If an individual has represented to an apprentice licensee or, if the apprentice licensee is a minor child, to the apprentice licensee’s parent or legal guardian that the individual would accompany the apprentice licensee for the purposes of this subsection, the individual shall not go along with the apprentice licensee while the apprentice licensee is hunting unless the individual actually accompanies the apprentice licensee and possesses a license, other than an apprentice license, to hunt the same game as the apprentice licensee. An individual is not eligible to obtain a specific type of apprentice license, such as a firearm deer license, an archery deer license, a combination deer license, a small game license, or a turkey license, for more than 2 license years. An apprentice license shall be distinguished from a license other than an apprentice license by a notation or other means.

(4) Only a minor who is less than 10 years old may obtain a mentored youth hunting license. A minor who is less than 10 years old shall not hunt game under a mentored youth hunting license unless that minor complies with all requirements of the mentored youth hunting program established by the commission under section 43517. The fee for a mentored youth hunting license is $7.50 and shall include all of the privileges conferred by all of the following:

(a) Resident small game license.

(b) Combination deer license.

(c) All species fishing license.

(d) Spring turkey hunting license and fall turkey hunting license.

(e) Resident fur harvester’s license.

(5) By 4 years after the effective date of the amendatory act that added this subsection and every 4 years after that date, the department shall submit a report to the standing committees of the senate and house of representatives with primary responsibility for conservation and outdoor recreation issues evaluating whether the fee revenue received by the department from mentored youth hunting licenses under subsection (4) is adequate to administer the mentored youth hunting program.

Sec. 43525a. (1) The department shall issue a combination deer license that authorizes an individual to hunt deer both during the firearm deer seasons and the bow and arrow seasons, in compliance with the rules established for the respective deer hunting season. A combination deer license shall authorize the holder to take 2 deer in compliance with orders issued under part 401.

(2) The fee for a resident combination deer license is the total of the resident firearm deer license fee plus the resident bow and arrow deer license fee. The fee for a nonresident combination deer license is the total of the nonresident firearm deer license fee plus the nonresident bow and arrow deer license fee. The fee for a combination deer license for a resident or nonresident minor child 10 years old or older shall be discounted 50% from the cost of the resident combination deer license.

(3) If advisable in managing deer, an order under part 401 may designate the kind of deer that may be taken and the geographic area in which any license issued under this section is valid.

(4) The department may issue kill tags with or as part of each combination deer license. Each kill tag shall bear the license number. A kill tag may also include space for other pertinent information required by the department. A kill tag, if issued, is part of the license and shall not be used more than 1 time.

(5) The combination deer license shall count as 2 licenses for the purposes of license fees under section 43536a and transmittal, deposit, and use of fees under sections 43554 and 43555.

(6) A senior citizen may obtain a senior combination deer license. The fee for a senior combination deer license shall be discounted at the same rate as provided in section 43535.

(7) Notwithstanding any other provision of this part, except for replacing lost or destroyed licenses, an individual shall not apply for, obtain, or purchase any combination of firearm deer licenses, bow and arrow deer licenses, and combination deer licenses that would authorize the taking of more than 2 deer.

Sec. 43531. (1) Except as otherwise provided in section 43523(2), an individual shall not trap or hunt fur-bearing animals unless the individual possesses a fur harvester’s license. However, an individual who goes on a bobcat hunt with a licensed hunter is not required to possess a fur harvester’s license if the individual does not carry a firearm, bow, or crossbow and does not own dogs used to chase or locate a bobcat during the hunt.

(2) The fee for a resident fur harvester’s license is $15.00. The fee for a fur harvester’s license for a resident or nonresident minor child 10 years old or older shall be discounted 50% from the cost of the resident fur harvester’s license.

(3) The department may issue a nonresident fur harvester’s license to a nonresident of this state if the state, province, or country in which the nonresident applicant resides allows residents of this state to obtain equivalent hunting and trapping privileges in that state, province, or country. The fee for an eligible nonresident fur harvester’s license is $150.00. Nonresident fur harvester’s licenses shall not be sold or purchased before November 15 of each year.

(4) An individual who holds a fur harvester’s license may hunt fur-bearing animals during the season open to taking fur-bearing animals with firearms and may trap fur-bearing animals during the season open to trapping fur-bearing animals.

Enacting section 1. This amendatory act takes effect September 1, 2011.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 207 of the 96th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor