HB-5321, As Passed House, April 17, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5321

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 40114 (MCL 324.40114), as amended by 2016 PA

 

356.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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. 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, 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.

 

     (4) In addition, 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 to take

 

deer 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 to take

 

bear under this subdivision, the department shall, within 4 days

 

after receiving the request, respond to a the request and evaluate

 

whether a permit should be issued. The department may, within 10

 

days after responding to a the 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

House Bill No. 5321 as amended April 12, 2018

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

 

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 However, 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. this subdivision. 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

 

after 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.

 

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

 

subsection (4)(a), (b), (c), (d), (e), (f), and or (h) is not

 

considered hunting.

 

     (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.

 

     (7) Fees The department shall forward fees received for

 

permits and licenses issued under this section shall 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.

 

     (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).

     (b) The number of bears taken under subsection (4)(b)(iii).

 

     (c) Any recommendations for changes to the bear damage

 

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

 

     (9) Until April 1, 2022, the department shall not issue a

 

permit authorizing the sterilization of game. The department shall

 

submit, to the standing committees of the senate and house of

 

representatives with primary responsibility for natural resources

 

issues, 2 reports on the results of research under any permit

 

authorizing the sterilization of game issued before the effective

 

date of the amendatory act that added this subsection. A

 

preliminary report shall be submitted by December 31, 2020 and a

 

final report by March 31, 2022. The reports shall include any

 

recommendations for legislation, including whether and how

 

sterilization of deer should be authorized as a manner of taking

 

game.

 

     (10) The commission may establish, adjacent to urban areas

 

with a high concentration of deer, special deer management zones

 

for which a higher number of deer kill tags are issued.

 

     (11) The legislative body of a municipality may by ordinance

 

adopt a firearm hunting distance requirement shorter than the 150-

 

yard requirement under section 40111 as part of a deer management

 

plan. The 150-yard requirement under section 40111 does not apply

 

in circumstances addressed by the ordinance.

 

     (12) (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.