May 2, 2013, Introduced by Rep. Bumstead and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 43502, 43514, 43516, 43520, 43524, 43528,
43528a, 43529, 43531, 43532, 43533, 43535, 43536, 43536a, 43537,
43541, 43544, 43547, 43553, 43554, and 43558 (MCL 324.43502,
324.43514, 324.43516, 324.43520, 324.43524, 324.43528,
324.43528a, 324.43529, 324.43531, 324.43532, 324.43533,
324.43535, 324.43536, 324.43536a, 324.43537, 324.43541,
324.43544, 324.43547, 324.43553, 324.43554, and 324.43558),
section 43502 as amended by 2006 PA 282, sections 43514 and 43554
as added by 1995 PA 57, section 43516 as amended by 2006 PA 433,
sections 43520 and 43531 as amended by 2011 PA 120, section 43524
as amended by 2012 PA 81, section 43528 as amended by 2009 PA 70,
section 43528a as added by 2010 PA 366, sections 43529, 43535,
43536, 43541, 43544, 43547, and 43558 as amended by 1996 PA 585,
sections 43532 and 43533 as amended by 2010 PA 29, section 43536a
as amended by 2004 PA 545, section 43537 as amended by 2012 PA
339, and section 43553 as amended by 2006 PA 280, and by adding
sections 43523a, 43523b, 43525b, 43527a, 43527b, 43531b, 43532a,
and 43545; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 43502. (1) "Accompany" means to go along with another
2 person under circumstances that allow one to come to the
3 immediate aid of the other person and while staying within a
4 distance from the person that permits uninterrupted, unaided
5 visual and auditory communication.
6 (2) "Amphibian" means a frog, toad, salamander, or other
7 member of the class amphibia.
8 (3) "Apprentice license" means a license issued under
9 section 43520(3) or (4).
10 (4) "Aquatic species" means a fish, reptile, amphibian,
11 mollusk, aquatic insect, or crustacea or part thereof.
12 (5) "Base license" means a license issued under section
13 43523a.
14 (6) (5) "Bow"
means a device for propelling an arrow from a
15 string drawn, held, and released by hand if the force used to
16 hold the string in the drawn position is provided by the archer's
17 muscles.
18 (7) (6) "Crossbow"
means a weapon consisting of a bow, with
19 a draw weight of 100 pounds or more, mounted transversely on a
1 stock or frame and designed to fire an arrow, bolt, or quarrel by
2 the release of a bow string controlled by a mechanical or
3 electric trigger with a working safety.
4 (8) (7) "Crustacea"
means a freshwater crayfish, shrimp, or
5 prawn of the order decapoda.
6 Sec. 43514. (1) A Until
March 1, 2014, a resident, the
7 resident's spouse, and the resident's children may hunt small
8 game without a license upon the enclosed farmlands upon which
9 they are regularly domiciled, at a time and in a manner permitted
10 by law; except that they shall obtain a waterfowl hunting license
11 for hunting waterfowl and a federal migratory bird hunting stamp
12 as required by law.
13 (2) A resident, the resident's spouse, and the resident's
14 children may fish without a license in water wholly within the
15 limits of their enclosed farmlands or other enclosed lands upon
16 which they are regularly domiciled, at a time and in a manner
17 permitted by law.
18 Sec. 43516. (1) A person An individual who has been
issued a
19 hunting, fur harvester's, or fishing license shall carry the
20 license and shall exhibit the license upon the demand of a
21 conservation officer, a law enforcement officer, or the owner or
22 occupant of the land if either or both of the following apply:
23 (a) The person is hunting, trapping, or fishing.
24 (b) Subject to section 43510(2) and except as provided in
25 section 43513, the person individual is in possession
of a
26 firearm or other hunting or trapping apparatus or fishing
27 apparatus in an area frequented by wild animals or fish,
1 respectively.
2 (2) Subject to section 43510(2) and except as provided in
3 section 43513, a person an
individual shall not carry or possess
4 afield a shotgun with buckshot, slug loads, or ball loads; a bow
5 and arrow; a muzzle-loading rifle or black powder handgun; or a
6 centerfire handgun or centerfire rifle during firearm deer season
7 unless that person individual
has a valid firearm deer
license,
8 with an unused kill tag, if issued, issued in his or her name.
9 The person individual
shall exhibit an unused kill tag, if
10 issued, upon the request of a conservation officer, a law
11 enforcement officer, or the owner or occupant of the land.
12 Sec. 43520. (1) Subject to other requirements of this part,
13 the department may issue a hunting license to a minor child if
14 all of the following requirements are met:
15 (a) A parent or legal guardian of the minor child applies
16 for the license on behalf of the minor child.
17 (b) The parent or guardian represents that the requirements
18 of section 43517, as applicable, will be complied with.
19 (c) The license fee is paid.
20 (2) A person authorized to sell hunting licenses shall not
21 issue a hunting license to an individual born after January 1,
22 1960, unless the individual presents proof of previous hunting
23 experience in the form of a hunting license issued by this state,
24 another state, a province of Canada, or another country or
25 presents a certification of completion of training in hunter
26 safety issued to the individual by this state, another state, a
27 province of Canada, or another country. If an applicant for a
1 hunting license does not have proof of such a previous license or
2 a certification of completion of training in hunter safety, a
3 person authorized to sell hunting licenses may issue a hunting
4 license if the applicant submits a signed affidavit stating that
5 the applicant has completed a course in hunter safety or that the
6 applicant possessed such a hunting license previously. The person
7 selling a hunting license shall record as specified by the
8 department the form of proof of the previous hunting experience
9 or certification of completion of hunter safety training
10 presented by the applicant. This subsection does not apply to the
11 issuance of an apprentice license. An apprentice license or the
12 equivalent does not satisfy the requirements of this subsection
13 concerning proof of previous hunting experience.
14 (3) An individual who does not meet the requirements of
15 subsection (2) may obtain an apprentice license for the same
16 price as the corresponding regular license that the individual
17 would otherwise be qualified to obtain. An individual 17 years
18 old or older shall not hunt game under an apprentice license
19 unless another individual at least 21 years old who possesses a
20 license, other than an apprentice license, to hunt that game
21 accompanies that apprentice licensee and does not accompany more
22 than 1 other apprentice licensee. For the purposes of this
23 subsection and section 43517(1)(b), an individual shall not go
24 along with more than 2 apprentice licensees of any age for the
25 purpose of accompanying those apprentice licensees while those
26 apprentice licensees are hunting. If an individual has
27 represented to an apprentice licensee or, if the apprentice
1 licensee is a minor child, to the apprentice licensee's parent or
2 legal guardian that the individual would accompany the apprentice
3 licensee for the purposes of this subsection, the individual
4 shall not go along with the apprentice licensee while the
5 apprentice licensee is hunting unless the individual actually
6 accompanies the apprentice licensee and possesses a license,
7 other than an apprentice license, to hunt the same game as the
8 apprentice licensee. An individual is not eligible to obtain a
9 specific type of apprentice license, such as a firearm deer
10 license, an archery deer license, a combination deer license, a
11 small game license, or a turkey license, for more than 2 license
12 years. An apprentice license shall be distinguished from a
13 license other than an apprentice license by a notation or other
14 means.
15 (4) Beginning March 1, 2014, an individual who does not meet
16 the requirements of subsection (2) may obtain an apprentice
17 license for the same price as the corresponding regular license
18 that the individual would otherwise be qualified to obtain. An
19 individual 17 years old or older shall not hunt game under an
20 apprentice license unless another individual at least 21 years
21 old who possesses a license, other than an apprentice license, to
22 hunt that game accompanies that apprentice licensee and does not
23 accompany more than 1 other apprentice licensee. For the purposes
24 of this subsection and section 43517(1)(b), an individual shall
25 not go along with more than 2 apprentice licensees of any age for
26 the purpose of accompanying those apprentice licensees while
27 those apprentice licensees are hunting. If an individual has
1 represented to an apprentice licensee or, if the apprentice
2 licensee is a minor child, to the apprentice licensee's parent or
3 legal guardian that the individual would accompany the apprentice
4 licensee for the purposes of this subsection, the individual
5 shall not go along with the apprentice licensee while the
6 apprentice licensee is hunting unless the individual actually
7 accompanies the apprentice licensee and possesses a license,
8 other than an apprentice license, to hunt the same game as the
9 apprentice licensee. An individual is not eligible to obtain a
10 specific type of apprentice license, such as a deer license, a
11 base license, or a turkey license, for more than 2 license years.
12 An apprentice license shall be distinguished from a license other
13 than an apprentice license by a notation or other means.
14 (5) (4) Only
a minor who is less than 10 years old may
15 obtain a mentored youth hunting license. A minor who is less than
16 10 years old shall not hunt game under a mentored youth hunting
17 license unless that minor complies with all requirements of the
18 mentored youth hunting program established by the commission
19 under section 43517. The fee for a mentored youth hunting license
20 is $7.50 and shall include all of the privileges conferred by all
21 of the following:
22 (a) Resident small game license.
23 (b) Combination deer license.
24 (c) All species fishing license.
25 (d) Spring turkey hunting license and fall turkey hunting
26 license.
27 (e) Resident fur harvester's license.
1 (6) Beginning March 1, 2014, the fee for a mentored youth
2 hunting license is $7.50 and shall include all of the privileges
3 conferred by all of the following:
4 (a) Base license.
5 (b) Deer license.
6 (c) All-species fishing license.
7 (d) Spring wild turkey hunting license and fall wild turkey
8 hunting license.
9 (e) Fur harvester's license.
10 (7) (5) By 4
years after the effective date of the
11 amendatory act that added this subsection September 1, 2015 and
12 every 4 years after that date, the department shall submit a
13 report to the standing committees of the senate and house of
14 representatives with primary responsibility for conservation and
15 outdoor recreation issues evaluating whether the fee revenue
16 received by the department from mentored youth hunting licenses
17 under subsection (4) (6)
is adequate to administer the mentored
18 youth hunting program.
19 Sec. 43523a. (1) Except as otherwise provided in this part,
20 an individual shall not hunt small game, unless the individual
21 possesses a current base license. A base license authorizes the
22 individual named in the license to hunt for small game, except
23 for animals or birds that require a special license.
24 (2) If authorized in an order issued under part 401, an
25 individual that possesses a current base license may take
26 specified fur-bearing animals by means other than trapping during
27 the open season for hunting these fur-bearing animals. However,
1 an individual who goes on a bobcat hunt with a licensed hunter is
2 not required to possess a base license if the individual does not
3 carry a firearm, bow, or crossbow and does not own dogs used to
4 chase or locate a bobcat during the hunt.
5 (3) Beginning March 1, 2014, the fee for a base license is
6 as follows:
7 (a) Subject to subdivision (b), for a resident, $10.00.
8 (b) For a resident minor child or nonresident minor child,
9 $5.00.
10 (c) Subject to subdivision (b), for a nonresident, $150.00.
11 (4) A base license is void between the hours of 1/2 hour
12 after sunset and 1/2 hour before sunrise with the exception of
13 coyote hunting.
14 (5) Beginning March 1, 2014, a nonresident may purchase a
15 limited nonresident small game license entitling that individual
16 to hunt for a 7-day period all species of small game that are
17 available to hunt under a nonresident base license. The fee for a
18 limited nonresident small game license is $80.00. The purchase of
19 a 7-day limited nonresident small game license does not entitle
20 the holder to purchase any additional licenses.
21 Sec. 43523b. (1) Beginning March 1, 2014, the fee for a
22 resident combination hunt and fish license is $75.00 and shall
23 include all of the privileges conferred by all of the following:
24 (a) Resident base license.
25 (b) Two deer licenses.
26 (c) All-species fishing license.
27 (2) Beginning March 1, 2014, the fee for a nonresident
1 combination hunt and fish license is $265.00 and shall include
2 all of the privileges conferred by all of the following:
3 (a) Nonresident base license.
4 (b) Two deer licenses.
5 (c) All-species fishing license.
6 Sec. 43524. (1) An individual shall not hunt wild turkey
7 without a wild turkey hunting license. The fee for a resident
8 wild turkey hunting license is $15.00. The fee for a nonresident
9 wild turkey hunting license is $69.00. Subject to the
10 requirements of section 40113a, the commission may issue an order
11 requiring that all applications for wild turkey hunting licenses,
12 or applications for wild turkey hunting licenses for certain
13 geographic areas, be entered into a lottery designed and run by
14 the department. An individual selected in a lottery, upon meeting
15 the requirements of this part, is authorized to purchase a wild
16 turkey hunting license. The license shall be issued for a
17 specified hunting period and shall confer confers upon
the holder
18 of the license the right to hunt wild turkeys.
19 (2) The department may charge a nonrefundable application
20 fee not to exceed $4.00 for each application for a wild turkey
21 hunting license that is entered into a lottery under subsection
22 (1).
23 (3) From fees collected under subsection (1) or (2), the
24 following amounts shall be used for scientific research,
25 biological survey work on wild turkeys, creation and management
26 of wild turkey habitat on state land, national forestland, and
27 private land, annual wild turkey hunter surveys, disease testing
1 for wild turkeys suspected of having a disease and voluntarily
2 submitted to the department of natural resources, and other wild
3 turkey management in this state:
4 (a) Resident wild turkey hunting license.......... $ 9.50
5 (b) Nonresident wild turkey hunting license....... $50.00
6 (c) Senior wild turkey hunting license............ $ 1.00
7 (d) Wild turkey hunting application............ amount of
8 application fee,
9 if any, but not
10 more than $ 3.00.
11 (4) The department shall, to the extent possible, use the
12 money from subsection (3) to create and manage wild turkey
13 habitat on state forestland, state game areas, national
14 forestland, and private land, where appropriate. The department
15 shall, before January 1 of each year, provide to the standing
16 committees in the senate and house of representatives that
17 primarily consider issues relating to natural resources a report
18 detailing the expenditures for the prior year under subsection
19 (3).
20 (5) Beginning March 1, 2014, only an individual holding a
21 valid base license is eligible to purchase a wild turkey hunting
22 license, pursuant to current regulations. The fee for a wild
23 turkey hunting license is $15.00.
24 (6) Beginning March 1, 2014, the department may charge a
25 nonrefundable application fee not to exceed $5.00 for each
26 application for a wild turkey hunting license that is entered
27 into a lottery under subsection (1).
1 (7) Beginning March 1, 2014, from fees collected under
2 subsection (5) or (6), the following amounts shall be used for
3 scientific research, biological survey work on wild turkeys,
4 creation and management of wild turkey habitat on state land,
5 national forestland, and private land, annual wild turkey hunter
6 surveys, disease testing for wild turkeys suspected of having a
7 disease and voluntarily submitted to the department of natural
8 resources, and other wild turkey management in this state:
9 (a) Wild turkey hunting license.................... $9.50
10 (b) Senior wild turkey hunting license............. $1.00
11 (c) Wild turkey hunting application............ amount of
12 application fee,
13 if any, but not
14 more than $ 3.00.
15 Sec. 43525b. (1) Except as otherwise provided in this part,
16 beginning March 1, 2014, an individual 16 years of age or older
17 shall not hunt waterfowl without a current waterfowl hunting
18 license issued by this state. The annual license requirement is
19 in addition to the requirements for a base license and federal
20 migratory bird hunting stamp. The fee for the waterfowl hunting
21 license is $12.00.
22 (2) If issued as a stamp, a waterfowl hunting license shall
23 be affixed to the base license of the individual and signed
24 across the face of the stamp by the individual to whom it is
25 issued.
26 (3) A collector may purchase a waterfowl hunting license, if
1 it is issued as a stamp, without being required to place it on a
2 small game license, sign across its face, or provide proof of
3 competency under section 43520(2). However, a license described
4 in this subsection is not valid for hunting waterfowl.
5 (4) The fee collected for each waterfowl license sold shall
6 be used to do each of the following:
7 (a) Operate, maintain, and develop managed waterfowl areas
8 in this state.
9 (b) Acquire wetlands and other lands to be managed for the
10 benefit of waterfowl.
11 (5) Beginning March 1, 2014, from the fee collected for each
12 waterfowl hunting license, $3.50 shall be used to acquire
13 wetlands and other lands to be managed for the benefit of
14 waterfowl. In addition, $2.50 from each waterfowl hunting license
15 shall be used to operate, maintain, and develop managed waterfowl
16 areas in this state.
17 Sec. 43527a. (1) Beginning March 1, 2014, only an individual
18 holding a valid base license is eligible to purchase a deer
19 license or an antlerless deer license, pursuant to current
20 regulations. The fee for a deer license or an antlerless deer
21 license is $20.00.
22 (2) Beginning March 1, 2014, the department shall charge a
23 nonrefundable application fee not to exceed $5.00 for each
24 individual who applies for an antlerless deer license.
25 (3) The department may issue a kill tag with or as part of
26 each deer license. The kill tag shall bear the license number.
27 The kill tag may also include space for other pertinent
1 information required by the department. The kill tag, if issued,
2 is part of the license.
3 (4) Where authorized by the department, a resident or
4 nonresident may purchase a second deer license for the fee
5 assessed under this subsection for the deer license for which
6 that individual is eligible. However, a senior license discount
7 is not available for the purchase of a second deer license. The
8 department may issue orders under part 401 designating the kind
9 of deer that may be taken and the geographic area in which any
10 license issued under this section is valid, when advisable in
11 managing deer.
12 Sec. 43527b. The department may issue deer management
13 assistance permits pursuant to current regulations.
14 Sec. 43528. (1) A person An individual shall not hunt
bear
15 unless the person individual
possesses a bear hunting license.
16 However, a person an
individual who goes on a bear hunt with
a
17 licensed hunter is not required to possess a bear hunting license
18 if the person individual
does not carry a firearm, bow, or
19 crossbow and does not own dogs used to chase or locate bear
20 during the hunt. Beginning March 1, 2014, only an individual
21 holding a valid base license is eligible to purchase a bear
22 hunting license, pursuant to current regulations.
23 (2) The fee for a resident bear hunting license is $15.00.
24 The fee for a nonresident bear hunting license is $150.00.
25 Beginning March 1, 2014, the fee for a bear hunting license is
26 $25.00.
27 (3) The department may issue a kill tag with, or as a part
1 of, a bear hunting license. Section 43526(2) applies with respect
2 to a bear hunting license.The
kill tag shall bear the license
3 number. The kill tag may also include space for other pertinent
4 information required by the department. The kill tag, if issued,
5
is part of the license.
6 (4) In addition to the license fees in subsection (2), the
7 department shall charge a nonrefundable application fee not to
8 exceed $4.00 for each person individual who applies for a
bear
9 hunting license. Beginning March 1, 2014, in addition to the
10 license fees in subsection (2), the department shall charge a
11 nonrefundable application fee not to exceed $5.00 for each
12 individual who applies for a bear hunting license.
13 (5) Beginning March 1, 2014, the following individuals
14 chasing or locating bear with dogs during the open season for
15 that game and who hold a valid base license are eligible for the
16 purchase of a bear participation license for a fee of $15.00:
17 (a) Any individual possessing a firearm, crossbow, or bow
18 and arrow.
19 (b) The owner, when present, of any dog chasing or locating
20 bear.
21 Sec. 43528a. (1) A resident shall not hunt moose without a
22 moose hunting license. Beginning March 1, 2014, only a resident
23 holding a valid base license is eligible to purchase a moose
24 hunting license, pursuant to current regulations. The fee for a
25 moose hunting license is $100.00. The department may establish a
26 nonrefundable application fee not to exceed $4.00 for each person
27 individual who applies for a moose hunting license. Beginning
1 March 1, 2014, the department may establish a nonrefundable
2 application fee not to exceed $5.00 for each individual who
3 applies for a moose hunting license.
4 (2) The department may issue a kill tag with, or as part of,
5 a moose hunting license. Section 43526(2) applies with respect to
6 a moose hunting license.The
kill tag shall bear the license
7 number. The kill tag may also include space for other pertinent
8 information required by the department. The kill tag, if issued,
9 is part of the license.
10 Sec. 43529. (1) A resident shall not hunt elk during the elk
11 season without an elk hunting license. Beginning March 1, 2014,
12 only a resident holding a valid base license is eligible to
13 purchase an elk hunting license, pursuant to current regulations.
14 The fee for an elk hunting license is $100.00. The department may
15 establish a nonrefundable application fee not to exceed $4.00 for
16 each person individual
who applies for an elk hunting license.
17 Beginning March 1, 2014, the department may establish a
18 nonrefundable application fee not to exceed $5.00 for each
19 individual who applies for an elk hunting license.
20 (2) The department may issue a kill tag with, or as a part
21 of, an elk hunting license. Section 43526(2) applies with respect
22 to an elk hunting license.The
kill tag shall bear the license
23 number. The kill tag may also include space for other pertinent
24 information required by the department. The kill tag, if issued,
25
is part of the license.
26 Sec. 43531. (1) Except as otherwise provided in section
27 43523(2) or section 43523a(2), an individual shall not trap or
1 hunt fur-bearing animals unless the individual possesses a fur
2 harvester's license. However, an individual who goes on a bobcat
3 hunt with a licensed hunter is not required to possess a fur
4 harvester's license if the individual does not carry a firearm,
5 bow, or crossbow and does not own dogs used to chase or locate a
6 bobcat during the hunt.
7 (2) The fee for a resident fur harvester's license is
8 $15.00. The fee for a fur harvester's license for a resident or
9 nonresident minor child 10 years old or older shall be discounted
10 50% from the cost of the resident fur harvester's license.
11 (3) The Until
March 1, 2014, the department may issue
a
12 nonresident fur harvester's license to a nonresident of this
13 state if the state, province, or country in which the nonresident
14 applicant resides allows residents of this state to obtain
15 equivalent hunting and trapping privileges in that state,
16 province, or country. The fee for an eligible nonresident fur
17 harvester's license is $150.00. Nonresident fur harvester's
18 licenses shall not be sold or purchased before November 15 of
19 each year.
20 (4) An individual who holds a fur harvester's license may
21 hunt fur-bearing animals during the season open to taking fur-
22 bearing animals with firearms and may trap fur-bearing animals
23 during the season open to trapping fur-bearing animals.
24 (5) Beginning March 1, 2014, only an individual holding a valid
25 base license is eligible to purchase a fur harvester's license,
26 pursuant to current regulations. The fee for a fur harvester's
27 license is $15.00.
1 (6) Beginning March 1, 2014, for a nonresident holding a valid
2 base license and a valid fur harvester's license, the fur
3 harvester's license is not valid for fur-bearing species for which a
4 bag limit has been established.
5 Sec. 43531b. Pursuant to current regulations, the department
6 may issue free tags for survey purposes or for the enforcement of
7 harvest limits.
8 Sec. 43532. (1) A person An individual 17 years of
age or
9 older shall not take or possess an aquatic species, except
10 aquatic insects, in the waters over which this state has
11 jurisdiction without a license. The fee for a resident restricted
12 fishing license is $15.00. The fee for a nonresident restricted
13 fishing license is $34.00.
14 (2) A restricted fishing license entitles the licensee to
15 take and possess aquatic species as prescribed by law, other than
16 trout, salmon, lake sturgeon, lake herring, amphibians, reptiles,
17 or crustaceans.
18 (3) A person An
individual under 17 years of age may
take
19 aquatic species in the waters over which this state has
20 jurisdiction without a license. However, a person an individual
21 under 17 years of age may obtain an all-species fishing license.
22 The fee for a resident or nonresident who is under 17 years of
23 age for an all-species fishing license is $2.00. The department
24 shall not sell or vendor the list of licensees under this
25 subsection.
26 (4) The fee for a resident all-species fishing license is
27 $28.00. The fee for a nonresident all-species fishing license is
1 $42.00.
2 (5) An all-species fishing license entitles the licensee to
3 take and possess all aquatic species as prescribed by law.
4 (6) A person An
individual to whom a valid restricted
5 fishing license has been issued may return the restricted license
6 to the department or its authorized agent and receive an all-
7 species fishing license by paying a fee equal to the difference
8 in cost between the all-species fishing license and the
9 restricted fishing license for which that person individual is
10 eligible.
11 (7) Beginning March 1, 2014, an individual 17 years of age
12 or older shall not take or possess an aquatic species, except
13 aquatic insects, in the waters over which this state has
14 jurisdiction without a license. The fee for a resident all-
15 species fishing license is $25.00. The fee for a nonresident all-
16 species fishing license is $75.00. Beginning March 1, 2014, the
17 restricted fishing license, license for an individual under 17
18 years of age, and all-species upgrades under subsections (1),
19 (3), and (6) are no longer available.
20 Sec. 43532a. Beginning March 1, 2014, the department shall
21 charge an additional $1.00 per base license under sections
22 43523a(3) and 43535(2), combination hunt and fish license under
23 section 43523b, and all-species fishing license under sections
24 43532(7) and 43536(2). The department shall use money generated
25 under this section for marketing, education, and outreach
26 activities.
27 Sec. 43533. (1) A resident or nonresident may purchase a 24-
1 hour or 72-hour fishing license entitling that person individual
2 to take, for a designated 24-hour or 72-hour period,
3 respectively, and possess all aquatic species as prescribed by
4 law. Except as provided in this section, the fee for a 24-hour
5 fishing license is $7.00 per designated consecutive 24-hour
6 period. Notwithstanding any other provision of this section, the
7 fee for a 24-hour fishing license for a senior citizen is $3.00.
8 (2) The fee for a 72-hour fishing license, to be issued
9 beginning in 2010, is as follows:
10 (a) Except for a senior citizen, $21.00.
11 (b) For a senior citizen, $9.00.
12 (3) Beginning March 1, 2014, a resident or nonresident may
13 purchase a 24-hour fishing license entitling that individual to
14 take, for a designated 24-hour period, and possess all aquatic
15 species as prescribed by law. The fee for a 24-hour fishing
16 license is $10.00 per designated consecutive 24-hour period.
17 (4) Beginning March 1, 2014, a resident or nonresident may
18 purchase a 72-hour fishing license entitling that person to take,
19 for a designated 72-hour period, and possess all aquatic species
20 as prescribed by law. The fee for a 72-hour fishing license is
21 $30.00 per designated consecutive 72-hour period.
22
Sec. 43535. (1) A
Until March 1, 2014, a resident of this
23 state who is 65 years of age or older may obtain a senior small
24 game license, a senior firearm deer license, a senior bow and
25 arrow deer license, a senior bear hunting license, a senior wild
26 turkey hunting license, or a senior fur harvester's license. The
27 fee for each senior license shall be discounted 60% from the fee
1 for the resident license.
2 (2) Beginning March 1, 2014, a resident of this state who is
3 65 years of age or older may obtain a senior base license, a
4 senior deer license, a senior wild turkey hunting license, or a
5 senior fur harvester's license. The fee for each senior license
6 shall be discounted 60% from the fee for the resident license.
7 Sec. 43536. (1) A Until
March 1, 2014, a resident of this
8 state who is 65 years of age or older may obtain a senior
9 restricted fishing license. The fee for a senior restricted
10 fishing license is discounted 60% from the fee for a resident
11 restricted fishing license.
12 (2) A resident of this state who is 65 years of age or older
13 may obtain a senior all-species fishing license. The fee for a
14 senior all-species fishing license is discounted 60% from the fee
15 for a resident all-species fishing license.
16 Sec. 43536a. (1) A member of the military may obtain any
17 license under this part for which a lottery is not required for
18 $1.00 upon presentation to a licensing agent of leave papers,
19 duty papers, military orders, or other evidence acceptable to the
20 department verifying that he or she is stationed outside of this
21 state. The license is valid for a period of up to 2 weeks
22 designated by the member of the military but only during the
23 season in which such a that
license would otherwise be valid.
24 Beginning March 1, 2014, a member of the military may obtain any
25 license under this part for which a lottery is not required at no
26 cost upon presentation to a licensing agent of leave papers, duty
27 papers, military orders, or other evidence acceptable to the
1 department verifying that he or she is stationed outside of this
2 state. The license is valid during the season in which that
3 license would otherwise be valid.
4 (2) As used in this section, "member of the military" means
5 either of the following:
6 (a) A person An
individual described by section
43506(3)(d)
7 who is stationed outside this state.
8 (b) A person An
individual who meets all of the
following
9 requirements:
10 (i) The person individual is a reserve component soldier,
11 sailor, airman, or marine or member of the Michigan national
12 guard and is called to federal active duty.
13 (ii) At the time the person
individual was called to federal
14 active duty, he or she was a resident of this state.
15 (iii) The person individual is stationed outside this state.
16 (iv) The person individual has maintained his or her
17 residence in this state for the purpose of obtaining a driver
18 license or voter registration, or both.
19 Sec. 43537. (1) A Until
March 1, 2014, a resident who is
20 declared legally blind is eligible to purchase a senior
21 restricted or senior all-species fishing license. Beginning March
22 1, 2014, a resident who is declared legally blind is eligible to
23 purchase a senior all-species fishing license.
24 (2) A disabled veteran is eligible to obtain any resident
25 license under this part for which a lottery is not required free
26 of charge.
27 (3) The department may demand proof of eligibility under
1 subsection (1), (2), or (4). The licensee, when taking aquatic
2 species or hunting, shall possess proof of his or her eligibility
3 under subsection (1), (2), or (4), as applicable, and shall
4 furnish the proof upon the request of a peace officer.
5 (4) The department shall process licenses issued under this
6 section in the same manner as licenses issued to senior citizens
7 for purposes of receiving appropriations from the legislature
8 under section 43546.
9 (5) As used in this section, "disabled veteran" means either
10 of the following:
11 (a) A resident who has been determined by the United States
12 department of veterans affairs to be permanently and totally
13 disabled as a result of military service and entitled to
14 veterans' benefits at the 100% rate, for a disability other than
15 blindness.
16 (b) A resident rated by the United States department of
17 veterans affairs as individually unemployable.
18 Sec. 43541. (1) A person authorized by the department to
19 issue licenses on March 15, 1993, may retain 7.5% of the fees for
20 each sportcard, license, duplicate license, application, or
21 permit that the person sells. A person authorized by the
22 department after March 15, 1993 to issue licenses may retain 5%
23 of the fees for each sportcard, license, duplicate license,
24 application, or permit that the person sells. The department
25 shall consider any additional location established after March
26 15, 1993 at which licenses are sold as a new authorized agent for
27 purposes of determining the percentage of fees that may be
1 retained for sales at the new location by that authorized agent.
2 Beginning March 1, 2014, any person authorized by the department
3 to issue licenses may retain 7.5% of the fees for each sportcard,
4 license, duplicate license, application, or permit that the
5 person sells.
6 (2) In addition to the fees authorized under subsection (1),
7 the department may also authorize a person who is authorized to
8 issue licenses to charge and retain a 50-cent transaction fee for
9 collecting migratory bird survey responses.
10 Sec. 43544. (1) If a license or sportcard issued pursuant to
11 this part or a kill tag is lost or destroyed, a licensee may
12 procure a duplicate from the department. To obtain a duplicate
13 license, sportcard, or kill tag, the licensee shall file a
14 certification of loss form with the department and shall pay the
15 duplicate fee as provided in subsection (2) for each duplicate
16 requested.
17 (2) If the licensee meets the requirements of subsection (1)
18 and all other requirements of this part for procuring a license
19 or sportcard, or, if required by this part, a kill tag, the
20 department shall verify the purchase of the original and issue to
21 the licensee the duplicates requested and collect the following
22 applicable duplicate fees:
23 (a) Except Until
March 1, 2014, and except as provided
in
24 subdivision (b), (c),
$3.00 for each license included in a
25 certification of loss.
26 (b) Beginning March 1, 2014, the amount the individual would
27 pay for each license included in a certification of loss.
1 (c) (b) For
a duplicate of a kill tag, the fee shall equal
2 the amount that the person individual would pay for a
license to
3 which the kill tag applies without regard to marketing discounts
4 or multilicense discounts.
5 (d) (c) For
a duplicate of a sportcard, $1.00.
6 Sec. 43545. Beginning March 1, 2019, the department shall
7 not assess or collect any license or permit fees authorized in
8 this part.
9 Sec. 43547. (1) The department shall prepare sportcards, if
10 necessary, and licenses to comply with this part and may
11 authorize persons to issue sportcards and licenses.
12 (2) A sportcard shall provide the following information as
13 required by the department:
14 (a) The name of the applicant.
15 (b) The height and weight of the applicant.
16 (c) The address of the applicant.
17 (d) The birth date of the applicant.
18 (e) The applicant's social security number.
19 (f) Other information as required by the department.
20 (3) A license may include the following information:
21 (a) The date and time of issuance of the license.
22 (b) The identification code of the person issuing the
23 license.
24 (c) The form of proof of eligibility to receive a license by
25 the applicant as required.
26 (d) Other information as required by the department.
27 (e) The applicant's date of birth.
1 (4) The Until
March 1, 2014, the department may
require
2 persons authorized to issue licenses under this part to purchase
3 or rent equipment necessary for the issuance of to issue
4 licenses. The purchase or lease charge shall not exceed the
5 actual cost incurred by the department in making the equipment
6 available for purchase or lease. However, notwithstanding the
7 equipment rental or purchase charges otherwise required under
8 this section, if the department requires the use of designated
9 computer equipment for the issuance of to issue licenses,
the
10 department shall supply each licensed agent who is entitled to
11 retain 7.5% of the fees received and was authorized on March 15,
12 1993 to issue licenses with a computer system at no charge to the
13 licensed agent for each location at which that licensed agent
14 sells licenses. A person who is eligible to receive equipment
15 without charge may be required to purchase a service and
16 maintenance contract for that equipment. The cost of the contract
17 shall not be more than $200.00 for the first year of the contract
18 and thereafter the actual cost to the state of maintaining the
19 computer system. Equipment that is supplied without charge to a
20 licensed agent shall be returned to the department at such time
21 as the person is no longer a licensed agent.
22 (5) A Until
March 1, 2014, a person who is
authorized after
23 March 15, 1993 to issue licenses shall pay the full annual rental
24 or purchase fee for equipment required under subsection (4).
25 (6) A Until
March 1, 2014, a person who on March
15, 1993 is
26 authorized to issue licenses who rents the equipment for the
27 issuance of licenses required under subsection (4) shall pay rent
1 or service and maintenance contract cost, as applicable for that
2 equipment not to exceed 50% of the total of the annual amount the
3 person is authorized to retain under section 43541, or the rental
4 charge otherwise determined by the department, whichever is less.
5 (7) The department may provide persons authorized to issue
6 licenses under this part with conservation law enforcement stamps
7 to enable the purchaser of the stamps to contribute to the
8 wildlife resource protection fund created in section 43555.
9 Conservation law enforcement stamps may be issued by the
10 department in the amounts of $2.00 and $5.00.
11 (8) Beginning March 1, 2014, the department may require
12 persons authorized to issue licenses under this part to rent
13 equipment necessary for the issuance of licenses. A person who is
14 authorized to issue licenses shall pay rent of $5.00 per week.
15 Rent shall not exceed 50% of the total of the annual amount the
16 person is authorized to retain under section 43541.
17 Sec. 43553. (1) The department shall transmit all money
18 received from the sale of licenses to the state treasurer,
19 together with a statement indicating the amount of money received
20 and the source of the money.
21 (2) The game and fish protection fund formerly created by
22 this section as a separate fund in the state treasury shall
23 continue unless all the money in that fund is transferred to the
24 game and fish protection account as a result of House Joint
25 Resolution Z of the 92nd Legislature becoming part of the state
26 constitution of 1963 as provided in section 1 of article XII of
27 the state constitution of 1963 and 2004 PA 587 taking effect.
1 Except as provided in section 43555 and subsection (5), the state
2 treasurer shall credit the money received from the sale of
3 passbooks and licenses to the game and fish protection fund.
4 However, if House Joint Resolution Z of the 92nd Legislature
5 becomes a part of the state constitution of 1963 as provided in
6 section 1 of article XII of the state constitution of 1963, the
7 state treasurer shall credit that money to the game and fish
8 protection account.
9 (3) Except as provided in sections 43524, 43525, 43525b, and
10 43554 and subsection (4), money credited to the game and fish
11 protection fund or the game
and fish protection account shall be
12 paid out by the state treasurer pursuant to the accounting laws
13 of this state for the following purposes:
14 (a) Services rendered by the department, together with the
15 expenses incurred in the enforcement and administration of the
16 wildlife and fisheries laws of the state, including the necessary
17 equipment and apparatus incident to the operation and enforcement
18 of the wildlife and fisheries laws, and the protection,
19 propagation, distribution, and control of wildlife and fish.
20 (b) The propagation and liberation of wildlife or fish and
21 for their increase at the time, place, and manner as the
22 department considers advisable.
23 (c) The purchase, lease, and management of lands, together
24 with the necessary equipment for the purpose of propagating and
25 rearing wildlife or fish, and for establishing and maintaining
26 game refuges, wildlife sanctuaries, and public shooting and
27 fishing grounds.
1 (d) Conducting investigations and compiling and publishing
2 information relative to the propagation, protection, and
3 conservation of wildlife.
4 (e) Delivering lectures, developing cooperation, and
5 carrying on appropriate educational activities relating to the
6 conservation of the wildlife of this state.
7 (4) The department may make direct grants to colleges and
8 universities in this state, out of funds appropriated from the
9 game and fish protection fund or the game and fish protection
10 account, to conduct fish or wildlife research or both fish and
11 wildlife research.
12 (5) The youth hunting and fishing education and outreach
13 fund is created as a separate fund in the department of treasury.
14 The Until March 1,
2014, the state treasurer shall credit
to the
15 youth hunting and fishing education and outreach fund the money
16 received from the sale of small game licenses and all-species
17 fishing licenses under sections 43523 and 43532, respectively, to
18 minor children. Beginning March 1, 2014, the state treasurer
19 shall credit to the youth hunting and fishing education and
20 outreach fund $1.00 received from the sale of each base license
21 to minor children under section 43523a. Money in the youth
22 hunting and fishing education and outreach fund at the close of
23 the fiscal year shall remain in the fund and shall not lapse to
24 the general fund.
25 (6) Money credited to the youth hunting and fishing
26 education and outreach fund shall be paid out by the state
27 treasurer pursuant to the accounting laws of this state for
1 hunting and fishing education and outreach programs for minor
2 children.
3 (7) The department and any other executive department of the
4 state that receives money from the game and fish protection fund
5 or game and fish protection
account or the youth hunting and
6 fishing education and outreach fund shall submit an annual report
7 to the legislature showing the amount of money received by the
8 department or other executive department from the game and fish
9 protection fund or game and
fish protection account or the youth
10 hunting and fishing education and outreach fund and how that
11 money was spent. An executive department required to submit a
12 report as provided in this subsection shall send a copy of the
13 report to the legislature and to the department.
14 Sec. 43554. One dollar and fifty cents of the license fee
15 for each firearm deer, bow and arrow deer, and resident
16 sportsperson's license shall be used for improving and
17 maintaining a habitat for deer and for the acquisition of lands
18 for an effective program of deer habitat management. Beginning
19 March 1, 2014, $1.50 of the license fee for each deer and
20 resident sportsperson's license shall be used for improving and
21 maintaining a habitat for deer and for the acquisition of lands
22 for an effective program of deer habitat management.
23 Sec. 43558. (1) A person is guilty of a misdemeanor if the
24 person does any of the following:
25 (a) Makes a false statement as to material facts for the
26 purpose of obtaining a license or uses or attempts to use a
27 license obtained by making a false statement.
1 (b) Affixes to a license a date or time other than the date
2 or time issued.
3 (c) Issues a license without receiving and remitting the fee
4 to the department.
5 (d) Without a license, takes or possesses a wild animal,
6 wild bird, or aquatic species, except aquatic insects. This
7 subdivision does not apply to a person less than 17 years of age
8 who without a license takes or possesses aquatic species.
9 (e) Sells, loans, or permits in any manner another person to
10 use the person's license or uses or attempts to use another
11 person's license.
12 (f) Falsely makes, alters, forges, or counterfeits a
13 sportcard or a hunting, fishing, or fur harvester's license or
14 possesses an altered, forged, or counterfeited hunting, fishing,
15 or fur harvester's license.
16 (g) Uses a tag furnished with a firearm deer license, bow
17 and arrow deer license, bear
hunting license, elk hunting
18 license, or wild turkey hunting license more than 1 time, or
19 attaches or allows a tag to be attached to a deer, bear, elk, or
20 turkey other than a deer, bear, elk, or turkey lawfully killed by
21 the person.
22 (h) Except as provided by law, makes an application for,
23 obtains, or purchases more than 1 license for a hunting, fishing,
24 or trapping season, not including a limited fishing license,
25 second bow and arrow license, second firearm deer license,
26 antlerless deer license, or other license specifically authorized
27 by law, or if the applicant's license has been lost or destroyed.
1 (i) Applies for, obtains, or purchases a license during a
2 time that the person is ineligible to secure a license.
3 (j) Knowingly obtains, or attempts to obtain, a resident or
4 a senior license if that person is not a resident of this state.
5 (2) Except as provided in subsection (5), a person who
6 violates subsection (1) shall be punished by imprisonment for not
7 more than 90 days, or a fine of not less than $25.00 or more than
8 $250.00 and the costs of prosecution, or both. In addition, the
9 person shall surrender any license and license tag that was
10 wrongfully obtained.
11 (3) A person licensed to carry a firearm under this part is
12 prohibited from doing so while under the influence of a
13 controlled substance or alcohol or a combination of a controlled
14 substance and alcohol. A person who violates this subsection is
15 guilty of a misdemeanor, punishable by imprisonment for 90 days,
16 or a fine of $500.00, or both.
17 (4) An applicant for a license under this part who has
18 previously been convicted of a violation of the game and fish
19 laws of this state may be required to file an application with
20 the department together with other information that the
21 department considers expedient. The license may be issued by the
22 department.
23 (5) A person who violates subsection (1)(d), upon a showing
24 that the person was ineligible to secure a license pursuant to
25 under court order or other lawful authority, is guilty of a
26 misdemeanor, punishable by imprisonment for not more than 180
27 days, or a fine of not less than $500.00 and not more than
1 $2,500.00, or both, and the costs of prosecution.
2 Enacting section 1. Section 43522a of the natural resources
3 and environmental protection act, 1994 PA 451, MCL 324.43522a, is
4 repealed.
5 Enacting section 2. Sections 43523, 43525, 43525a, 43526,
6 43527, and 43530 of the natural resources and environmental
7 protection act, 1994 PA 451, MCL 324.43523, 324.43525,
8 324.43525a, 324.43526, 324.43527, and 324.43530, are repealed
9 effective March 1, 2014.