Bill Text: MI HB5922 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Natural resources; hunting; definition of bow; expand to include crossbows. Amends secs. 40102, 40116, 43502, 43510, 43513, 43523, 43527, 43528 & 43531 of 1994 PA 451 (MCL 324.40102 et seq.).

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Introduced - Dead) 2010-03-09 - Printed Bill Filed 03/05/2010 [HB5922 Detail]

Download: Michigan-2009-HB5922-Introduced.html

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HOUSE BILL No. 5922

 

March 4, 2010, Introduced by Reps. Bolger, Crawford, Melton, Tyler, Denby, Walsh, Agema, Sheltrown, Mayes, Schuitmaker, Stamas and Lori and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40102, 40116, 43502, 43510, 43513, 43523,

 

43527, 43528, and 43531 (MCL 324.40102, 324.40116, 324.43502,

 

324.43510, 324.43513, 324.43523, 324.43527, 324.43528, and

 

324.43531), section 40102 as amended by 2007 PA 48, section 40116

 

as amended by 2009 PA 65, section 43502 as amended by 2006 PA 282,

 

sections 43510 and 43513 as amended by 2006 PA 433, sections 43523,

 

43528, and 43531 as amended by 2009 PA 70, and section 43527 as

 

amended by 2006 PA 280.

 

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 or

 

a weapon consisting of a bow, with a draw weight of 100 pounds or

 

more, 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 with a working

 

safety.

 

     (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) "Cormorant damage" means adverse impacts of double-crested

 

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

 

their habitats and on man-made structures.

 

     (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.

 

     (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.

 

     (8) (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.

 

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

 

characteristic of an individual that may result from disease,

 

injury, congenital condition of birth, or functional disorder.

 

     (10) (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.

 

     (11) (12) "Firearm" means a weapon from which a dangerous

 

projectile may be propelled by using explosives, gas, or air.

 

Firearm does not include a smooth bore rifle or handgun designed

 

and manufactured exclusively for propelling BB's not exceeding .177

 

caliber by means of a spring, air, or gas.

 

     Sec. 40116. (1) A person shall not take game during the

 

established daylight shooting hours from August 15 through April 30

 

unless the person wears a cap, hat, vest, jacket, or rain gear of

 

hunter orange. Hunter orange includes camouflage that is not less

 

than 50% hunter orange. The garments that are hunter orange shall

 

be the hunter's outermost garment and shall be visible from all

 

sides of the hunter.

 

     (2) Subsection (1) does not apply to a person engaged in the

 

taking of deer with a bow or crossbow during archery deer season, a

 

person taking bear with a bow, or crossbow, a person engaged in the

 

taking of turkey or migratory birds other than woodcock, a person

 

engaged in the sport of falconry, or a person who is stationary and

 

in the act of hunting bobcat, coyote, or fox.

 

     (3) The failure of a person to comply with this section is not

 

evidence of contributory negligence in a civil action for injury to

 

the person or for the person's wrongful death.

 

     (4) As used in this section, "hunter orange" means the highly

 

visible color commonly referred to as hunter orange and includes

 

blaze orange, flame orange, and fluorescent blaze orange.

 

     Sec. 43502. (1) "Accompany" means to go along with another

 

person under circumstances that allow one to come to the immediate

 

aid of the other person and while staying within a distance from

 

the person that permits uninterrupted, unaided visual and auditory

 

communication.

 

     (2) "Amphibian" means a frog, toad, salamander, or other

 

member of the class amphibia.

 

     (3) "Apprentice license" means a license issued under section

 

43520(3).

 

     (4) "Aquatic species" means a fish, reptile, amphibian,

 

mollusk, aquatic insect, or crustacea or part thereof.

 

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

 

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

 

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

 

a weapon consisting of a bow, with a draw weight of 100 pounds or

 

more, mounted transversely on a stock or frame and designed to fire

 

an arrow, bolt, or quarrel by the release of a bow string

 

controlled by a mechanical or electric trigger with a working

 

safety.

 

     (6) "Crossbow" means a weapon consisting of a bow, with a draw

 

weight of 100 pounds or more, mounted transversely on a stock or

 

frame and designed to fire an arrow, bolt, or quarrel by the

 

release of a bow string controlled by a mechanical or electric

 

trigger with a working safety.

 

     (6) (7) "Crustacea" means a freshwater crayfish, shrimp, or

 

prawn of the order decapoda.

 

     Sec. 43510. (1) Subject to subsection (2) and except as

 

provided in section 43513, a person shall not carry or transport a

 

firearm, slingshot, bow and arrow, crossbow, or a trap while in any

 

area frequented by wild animals unless that person has in his or

 

her possession a license as required under this part.

 

     (2) This act or a rule promulgated or order issued by the

 

department or the commission under this act shall not be construed

 

to prohibit a person from transporting a pistol or carrying a

 

loaded pistol, whether concealed or not, if either of the following

 

applies:

 

     (a) The person has in his or her possession a license to carry

 

a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435.

 

     (b) The person is authorized under the circumstances to carry

 

a concealed pistol without obtaining a license to carry a concealed

 

pistol under 1927 PA 372, MCL 28.421 to 28.435, as provided for

 

under any of the following:

 

     (i) Section 12a of 1927 PA 372, MCL 28.432a.

 

     (ii) Section 227, 227a, 231, or 231a of the Michigan penal

 

code, 1931 PA 328, MCL 750.227, 750.227a, 750.231, and 750.231a.

 

     (3) Subsection (2) does not authorize an individual to take or

 

attempt to take a wild animal except as provided by law.

 

     Sec. 43513. (1) A person may carry, transport, or possess a

 

firearm without a hunting license if the firearm is unloaded in

 

both barrel and magazine and either enclosed in a case or carried

 

in a vehicle in a location that is not readily accessible to any

 

occupant of the vehicle. A person may carry, transport, or possess

 

a slingshot , or bow and arrow , or crossbow without a hunting

 

license if the slingshot , or bow , or crossbow is unstrung,

 

enclosed in a case, or carried in a vehicle in a location that is

 

not readily accessible to any occupant of the vehicle.

 

     (2) Regardless of whether the person has a license or it is

 

open season for the taking of game, a person may carry, transport,

 

possess or discharge a firearm , or a bow and arrow , or a crossbow

 

if all of the following apply:

 

     (a) The person is not taking or attempting to take game but is

 

engaged in 1 or more of the following activities:

 

     (i) Target practice using an identifiable, artificially

 

constructed target or targets.

 

     (ii) Practice with silhouettes, plinking, skeet, or trap.

 

     (iii) Sighting-in the firearm , or bow and arrow. , or crossbow.

 

     (b) The person is, or is accompanied by or has the permission

 

of, either of the following:

 

     (i) The owner of the property on which the activity under

 

subdivision (a) is taking place.

 

     (ii) The lessee of that property for a term of not less than 1

 

year.

 

     (c) The owner or lessee of the property does not receive

 

remuneration for the activity under subdivision (a).

 

     (3) A person may carry or possess an unloaded weapon at any

 

time if the person is traveling to or from or participating in a

 

historical reenactment.

 

     Sec. 43523. (1) Except as otherwise provided in this part, a

 

person shall not hunt small game unless the person possesses a

 

current small game license. A small game license authorizes the

 

person named in the license to hunt for small game except for

 

animals or birds that require a special license.

 

     (2) If authorized in an order issued under part 401, a

 

resident possessing a current small game license may take specified

 

fur-bearing animals by means other than trapping during the open

 

season for hunting these fur-bearing animals. However, a person who

 

goes on a bobcat hunt with a licensed hunter is not required to

 

possess a small game license if the person does not carry a firearm

 

, or bow , or crossbow and does not own dogs used to chase or

 

locate a bobcat during the hunt.

 

     (3) The fee for a small game license is as follows:

 

     (a) Subject to subdivision (b), for a resident, $15.00.

 

     (b) For a resident or nonresident minor child, $1.00.

 

     (c) Subject to subdivision (b), for a nonresident, $69.00.

 

However, a nonresident may purchase a limited nonresident small

 

game license entitling that person to hunt for a 3-day period all

 

species of small game that are available to hunt under a

 

nonresident small game license. The fee for a limited nonresident

 

small game license is $30.00.

 

     (4) A small game license is void between the hours of 1/2 hour

 

after sunset and 1/2 hour before sunrise with the exception of

 

coyote hunting.

 

     Sec. 43527. (1) A person shall not hunt deer with a bow and

 

arrow or crossbow during the bow and arrow deer season without a

 

bow and arrow deer license. The fee for a resident bow and arrow

 

deer license is $15.00. The fee for a resident or nonresident minor

 

child for a bow and arrow deer license shall be discounted 50% from

 

the cost of the resident bow and arrow deer license. The fee for a

 

nonresident bow and arrow deer license is $138.00.

 

     (2) Where authorized by the department, a person may purchase

 

a second bow and arrow deer license in 1 season for the fee

 

assessed under subsection (1) for the bow and arrow deer license

 

for which that person is eligible. However, a senior license

 

discount is not available for the purchase of a second bow and

 

arrow deer license. The department may issue orders under part 401

 

designating the kind of deer that may be taken and the geographic

 

area in which any license issued under this section is valid, if

 

advisable in managing deer.

 

     (3) The department may issue a kill tag with, or as a part of,

 

each bow and arrow deer license. Section 43526(2) applies with

 

respect to a bow and arrow deer license.

 

     Sec. 43528. (1) A person shall not hunt bear unless the person

 

possesses a bear hunting license. However, a person who goes on a

 

bear hunt with a licensed hunter is not required to possess a bear

 

hunting license if the person does not carry a firearm , or bow ,

 

or crossbow and does not own dogs used to chase or locate bear

 

during the hunt.

 

     (2) The fee for a resident bear hunting license is $15.00. The

 

fee for a nonresident bear hunting license is $150.00.

 

     (3) The department may issue a tag with, or as a part of, a

 

bear hunting license. Section 43526(2) applies with respect to a

 

bear hunting license.

 

     (4) In addition to the license fees in subsection (2), the

 

department shall charge a nonrefundable application fee not to

 

exceed $4.00 for each person who applies for a bear hunting

 

license.

 

     Sec. 43531. (1) Except as otherwise provided in section

 

43523(2), a person shall not trap or hunt fur-bearing animals

 

unless the person possesses a fur harvester's license. However, a

 

person who goes on a bobcat hunt with a licensed hunter is not

 

required to possess a fur harvester's license if the person does

 

not carry a firearm , or 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 resident or nonresident who is 12 years of age

 

through 16 years of age for a fur harvester's license 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) A person 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.