SB-0966, As Passed Senate, September 24, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 966

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40102 and 43503 (MCL 324.40102 and 324.43503),

 

section 40102 as amended by 2007 PA 48 and section 43503 as amended

 

by 2012 PA 520.

 

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) "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.

 

     (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.

 

     (10) "Disability" means a determinable physical characteristic

 

of an individual that may result from disease, injury, congenital

 

condition of birth, or functional disorder.

 

     (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.

 

     (12) "Firearm" means a any weapon from which a dangerous will,

 

is designed to, or may readily be converted to expel a 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.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. 43503. (1) "Fish" means all species of fish.

 

     (2) "Fishing" means the pursuing, capturing, catching,

 

killing, or taking of fish, and includes attempting to pursue,

 

capture, catch, kill, or take fish.

 

     (3) "Firearm" means a any weapon from which a dangerous will,

 

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

 

may be propelled by using explosives, gas, or air as a means of

 

propulsion. 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 or air or gas.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.

 

     (4) "Firearm deer season" means any period in which deer may

 

be lawfully hunted with a firearm.

 

     (5) "Fur-bearing animals" includes badger, beaver, bobcat,

 

coyote, fisher, fox, lynx, marten, mink, muskrat, opossum, otter,

 

raccoon, skunk, and weasel.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2015.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 979 of the 97th Legislature is enacted into

 

law.