Bill Text: MI HB5180 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Natural resources; hunting; use of pneumatic airbows in certain hunting seasons; allow. Amends secs. 40102, 40103 & 40114 of 1994 PA 451 (MCL 324.40102 et seq.) & adds sec. 40111d.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-03-20 - Referred To Committee On Outdoor Recreation And Tourism [HB5180 Detail]

Download: Michigan-2017-HB5180-Engrossed.html

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HB-5180, As Passed House, March 15, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5180

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40102, 40103, and 40114 (MCL 324.40102,

 

324.40103, and 324.40114), section 40102 as amended by 2015 PA 24,

 

section 40103 as amended by 2016 PA 382, and section 40114 as

 

amended by 2016 PA 356, and by adding section 40111d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40102. (1) "Animals" means wild birds and wild mammals.

 

     (2) "Bag limit" means the number of animals that may be taken

 

and possessed as determined by the department.

 

     (3) "Bow" means a device for propelling an arrow from a string

 

drawn, held, and released by hand where the force used to hold the

 

string in the drawn position is provided by the archer's muscles.

 

     (4) "Buy" or "sell" means an exchange or attempt or offer to

 

exchange for money, barter, or anything of value.

 

     (5) "Chase" means to follow animals with dogs or other wild or

 

domestic animals trained for that purpose.

 

     (6) "Conservation" means the wise use of natural resources.

 

     (7) (6) "Cormorant damage" means adverse impacts of double-

 

crested cormorants on fish, fish hatchery stock, wildlife, plants,

 

and their habitats and on man-made structures.

 

     (8) (7) "Cormorant depredation order" means the depredation

 

order for double-crested cormorants to protect public resources, 50

 

CFR 21.48, issued by the United States Department of the Interior,

 

Fish and Wildlife Service.

 

     (9) (8) "Crossbow" means a weapon consisting of a bow mounted

 

transversely on a stock or frame and designed to fire an arrow,

 

bolt, or quarrel by the release of a bow string that is controlled

 

by a mechanical or electric trigger and has a working safety and a

 

draw weight of 100 pounds or greater.

 

     (10) "Cub bear" means a bear that is less than 1 year of age.

 

     (11) (9) "Deer or elk feeding" means the depositing,

 

distributing, or tending of feed in an area frequented by wild,

 

free-ranging white-tailed deer or elk. Deer or elk feeding does not

 

include any of the following:

 

     (a) Feeding wild birds or other wildlife if done in such a

 

manner as to exclude wild, free-ranging white-tailed deer and elk

 

from gaining access to the feed.

 

     (b) The scattering of feed solely as the result of normal

 

logging practices or normal agricultural practices.

 

     (c) The storage or use of feed for agricultural purposes if 1

or more of the following apply:

 

     (i) The area is occupied by livestock actively consuming the

 

feed on a daily basis.

 

     (ii) The feed is covered to deter wild, free-ranging white-

 

tailed deer or elk from gaining access to the feed.

 

     (iii) The feed is in a storage facility that is consistent

 

with normal agricultural practices.

 

     (d) Baiting to take game as provided by an order of the

 

commission under section 40113a.

 

     (12) (10) "Disability" means a determinable physical

 

characteristic of an individual that may result from disease,

 

injury, congenital condition of birth, or functional disorder.

 

     (13) (11) "Feed" means a substance composed of grain, mineral,

 

salt, fruit, vegetable, hay, or any other food material or

 

combination of these materials, whether natural or manufactured,

 

that may attract white-tailed deer or elk. Feed does not include

 

any of the following:

 

     (a) Plantings for wildlife.

 

     (b) Standing farm crops under normal agricultural practices.

 

     (c) Agricultural commodities scattered solely as the result of

 

normal agricultural practices.

 

     (14) (12) "Firearm" means any weapon which that will, is

 

designed to, or may readily be converted to expel a projectile by

 

action of an explosive. A pneumatic gun , as defined in section 1

 

of 1990 PA 319, MCL 123.1101, other than a paintball gun that

 

expels by pneumatic pressure plastic balls filled with paint for

 

the purpose of marking the point of impact, is also considered a

firearm for the purpose of this act.

 

     Sec. 40103. (1) "Game" means any species of wildlife

 

designated by the legislature or the commission 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.

 

     (c) Beaver.

 

     (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) Weasel.

 

     (jj) Wild turkey.

 

     (kk) Wolf.

 

     (ll) Woodchuck.

 

     (mm) Woodcock.

 

     (2) "Individual with a disability or physical limitation"

 

means a disabled person as that term is defined in section 19a of

 

the Michigan vehicle code, 1949 PA 300, MCL 257.19a.

 

     (3) (2) "Interim order of the department" means an order of

 

the department issued under section 40108.

 

     (4) (3) "Kind" means an animal's sex, age, or physical

 

characteristics.

 

     (5) (4) "Normal agricultural practices" means generally

accepted agricultural and management practices as defined by the

 

commission of agriculture and rural development.

 

     (6) (5) "Open season" means the dates during which game may be

 

legally taken.

 

     (7) (6) "Parts" means any or all portions of an animal,

 

including the skin, plumage, hide, fur, entire body, or egg of an

 

animal.

 

     (8) "Pneumatic gun" means any implement, designed as a gun,

 

that will expel a BB, bolt, arrow, or pellet by spring, gas, or

 

air. Pneumatic gun does not include a paintball gun that expels by

 

pneumatic pressure plastic balls filled with paint for the purpose

 

of marking the point of impact.

 

     (9) (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.

 

     (10) (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.

 

     (9) "Conservation" means the wise use of natural resources.

 

     Sec. 40111d. (1) The commission may issue orders allowing an

 

individual to take game with a pneumatic gun during any open season

 

in which a firearm may be used for taking that game.

 

     (2) The department may issue a permit to an individual with a

 

disability or physical limitation to take game with a pneumatic gun

 

during any open season in which a bow may be used for taking game

if that individual submits a certification from a physician,

 

physical therapist, occupational therapist, or other medical

 

professional stating that after examination he or she has

 

determined that due to a physical disability or limitation the

 

individual is unable to hold, aim, and shoot a bow or crossbow. The

 

department shall develop and make available for use a certification

 

form under this subsection.

 

     Sec. 40114. (1) The department may issue a permit to an

 

individual who is unable to walk because the individual is a

 

paraplegic or an amputee or because of a disease or injury that has

 

rendered the individual permanently disabled. through a dense

 

wooded area or is unable to walk 200 feet in field conditions due

 

to a permanent or temporary disability or a medical condition. A

 

permit issued under this subsection authorizes the individual to

 

take game during the open season for that game, including deer of

 

either sex, from or upon a standing vehicle if that individual

 

holds a license to take that game issued under part 435 and

 

complies with all other laws and rules for the taking of game.

 

     (2) The department may issue a permit to an individual who is

 

permanently disabled, who has full use of only 1 arm or less, and

 

who upon investigation is unable to hold, aim, and shoot a bow. A

 

permit issued under this subsection authorizes the individual to

 

take game during the open season for that game with a bow that has

 

been modified so that the bow may be held, aimed, and shot with 1

 

arm, if that individual holds a license to take that game issued

 

under part 435 and complies with all other laws and rules for the

 

taking of game.

     (3) The commission may issue an order under section 40113a

 

regulating the taking of game with a modified bow that may be shot

 

with 1 arm. Subsection (2) does not apply on or after the effective

 

date of such an order.

 

     (3) (4) In addition, the The department may issue permits

 

authorizing 1 or more of the following:

 

     (a) The taking or possession of animals for the purpose of

 

rehabilitating animals.

 

     (b) The taking of animals to prevent or control damage to

 

crops or feed, disease, or nuisance caused by the animals. The

 

taking of animals to prevent or control damage to crops or feed is

 

subject to the following:

 

     (i) Except during an open season for deer, deer may be taken

 

under this subdivision if the department determines that deer have

 

caused damage to emerging, standing, or harvested crops or to feed

 

properly stored in accordance with normal agricultural practices.

 

If the department receives a request for a permit issued under this

 

subdivision, the department shall, within 5 business days after

 

receiving the request, determine whether a permit should be issued.

 

If the department determines that a permit should not be issued

 

under this subdivision, the department shall deny the request in

 

writing within 10 business days after receiving the request. In

 

denying the request for a permit, the department shall advise the

 

applicant on other techniques for controlling or preventing damage

 

caused by deer.

 

     (ii) A permittee under a deer damage shooting permit may

 

designate not more than 15 authorized shooters to implement the

provisions of the permit unless the department authorizes

 

otherwise.

 

     (iii) Except during an open season for bear, bear may be taken

 

under this subdivision if the department determines that bear have

 

caused damage to emerging, standing, or harvested crops or to feed

 

properly stored in accordance with normal agricultural practices.

 

If the department receives a request for a permit issued under this

 

subdivision, the department shall, within 4 days after receiving

 

the request, respond to a request and evaluate whether a permit

 

should be issued. The department may, within 10 days after

 

responding to a request for a permit, attempt or recommend that the

 

applicant attempt other methods for controlling or preventing

 

damage caused by bear, if the applicant is not required to pay for

 

those methods. Within 10 days after responding to a request for a

 

permit, the department shall grant or deny the request in writing.

 

In denying the request for a permit, the department shall advise

 

the applicant on other techniques for controlling or preventing

 

damage caused by bear. A permittee under a bear damage shooting

 

permit may allow only an individual with a bear hunting license

 

issued under section 43528 for that bear management unit and

 

calendar year to implement the provisions of this subdivision. If

 

an individual takes a bear under this subdivision, that individual

 

shall not take another bear under a bear hunting license issued

 

under section 43528 during that calendar year. An individual

 

implementing this section is subject to the rules and regulations

 

for a bear hunting license issued under section 43528 except that

 

individuals shall not use bait to take a bear under this

subdivision. An individual shall not take a cub bear or a female

 

bear accompanied by a cub bear under this subdivision. Except as

 

otherwise provided in this subdivision, the department shall not

 

allow more than 5% of the bear hunting licenses issued for a bear

 

management unit to be used to implement the provisions of this

 

subdivision. In a bear management unit that offers fewer than 20

 

licenses, the department may allow 1 of those bear hunting licenses

 

to be used to implement the provisions of this section. If an

 

individual takes a bear under this subdivision, that individual

 

shall register that bear at a field office of the department within

 

72 hours of taking the bear.

 

     (c) The collection, transportation, possession, or disposition

 

of animals and parts of animals for scientific purposes.

 

     (d) The public exhibition of animals.

 

     (e) Taxidermy.

 

     (f) The disposition of accidentally or unlawfully taken or

 

injured animals or animals that are unlawfully possessed.

 

     (g) The taking of game with a crossbow by an individual who is

 

permanently or temporarily disabled.

 

     (h) The taking or possession of raptors for the purposes of

 

falconry.

 

     (4) (5) The taking of animals pursuant to a permit issued

 

under subsection (4)(a), (3)(a), (b), (c), (d), (e), (f), and (h)

 

is not considered hunting.

 

     (5) (6) A permit issued under this section may be suspended,

 

revoked, annulled, withdrawn, recalled, canceled, or amended

 

pursuant to the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328. If the holder of a permit is convicted of

 

violating the permit or this section, his or her permit or license

 

may be revoked and any animal and the parts of any animal in his or

 

her possession shall be disposed of in a manner approved by the

 

department.

 

     (6) (7) Fees received for permits and licenses issued under

 

this section shall must be forwarded by the department to the state

 

treasurer to be credited to the game and fish protection account of

 

the Michigan conservation and recreation legacy fund provided for

 

in section 2010.

 

     (7) (8) By March 30, 2018, the department shall issue a report

 

in electronic form to each member of the legislature that includes

 

all of the following:

 

     (a) The number of bear damage shooting permits issued under

 

subsection (4)(b)(iii).(3)(b)(iii).

 

     (b) The number of bears taken under subsection

 

(4)(b)(iii).(3)(b)(iii).

 

     (c) Any recommendations for changes to the bear damage

 

shooting permits under subsection (4)(b)(iii).(3)(b)(iii).

 

     (9) As used in this section, "cub bear" means a bear that is

 

less than 1 year of age.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.