Bill Text: MI HB5375 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Natural resources: hunting; posting of rules and regulations before the beginning of hunting season; require. Amends secs. 40113a & 41103 of 1994 PA 451 (MCL 324.40113a & 324.41103).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2023-12-31 - Bill Electronically Reproduced 11/14/2023 [HB5375 Detail]
Download: Michigan-2023-HB5375-Introduced.html
HOUSE BILL NO. 5375
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 40113a and 41103 (MCL 324.40113a and 324.41103), section 40113a as amended by 2016 PA 382 and section 41103 as added by 1995 PA 57.
the people of the state of michigan enact:
Sec. 40113a. (1) The legislature finds and declares that:
(a) The fish and wildlife populations of the state and their habitat are of paramount importance to the citizens of this state.
(b) The conservation of fish and wildlife populations of the state depend upon the wise use and sound scientific management of the state's natural resources.
(c) The sound scientific management of the fish and wildlife populations of the state, including hunting of bear, is declared to be in the public interest.
(d) The sound scientific management of bear populations in this state is necessary to minimize human/bear encounters and to prevent bears from threatening or harming humans, livestock, and pets.
(2) The commission has the exclusive authority to regulate the taking of game as defined in section 40103 in this state. The commission shall, to the greatest extent practicable, utilize principles of sound scientific management in making decisions regarding the taking of game. The commission may take testimony from department personnel, independent experts, and others, and review scientific literature and data, among other sources, in support of its duty to use principles of sound scientific management. The commission shall issue orders regarding the taking of game following a public meeting and an opportunity for public input. If the commission does not issue orders under this section before September 1, the orders are not valid until the next calendar year's hunting or trapping seasons. Not less than 30 days before issuing an order, the commission shall provide a copy of the order to each of the following:
(a) Each member of each standing committee of the senate or house of representatives that considers legislation pertaining to conservation, the environment, natural resources, recreation, tourism, or agriculture.
(b) The chairperson of the senate appropriations committee and the chairperson of the house of representatives appropriations committee.
(c) The members of the subcommittee of the senate appropriations committee and the subcommittee of the house of representatives appropriations committee that consider the budget of the department of natural resources.
(3) The legislature declares that hunting, fishing, and the taking of game are a valued part of the cultural heritage of this state and should be forever preserved. The legislature further declares that these activities play an important part in the state's economy and in the conservation, preservation, and management of the state's natural resources. Therefore, the legislature declares that the citizens of this state have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by subsection (2) and law.
Sec. 41103. (1) If the department determines that any fish, game or fur-bearing animals, or game birds of any kind or species are in danger of depletion or extermination and require additional protection in any designated waters or area within the state, the department may issue an order suspending or abridging the open season on fish, game or fur-bearing animals, or game birds, or may regulate their taking or killing in the waters or area as the department considers necessary for the further protection of fish, game or fur-bearing animals, or game birds in those waters or areas. The orders shall must clearly specify the manner and condition relative to the taking or killing. The orders shall must clearly and distinctly describe and set forth the waters or area affected by each order, and whether the order is applicable to all fish, game or fur-bearing animals, or game birds, or only to certain kinds or species designated in the order, and shall also clearly specify and set forth the length of time during which the order shall remain remains in effect. However, an order shall must not remain in effect for more than 5 years. The department shall notify the public shall be notified of orders changing the rules pertaining to hunting, fishing, or trapping in the annual hunting, fishing, and trapping guides available by licensed agents of the department and field offices of the department. or the department may publish the orders at least 21 days but not more than 60 days prior to taking effect, and at least once annually while in force, in at least 1 newspaper in each county, if a newspaper is published in a county, the whole or any portion of which is affected by the order. The first newspaper publication shall appear at least once each week for 3 successive weeks. A copy of the order as printed in the newspaper shall be filed with the clerk of each county. Proof by affidavit of the newspaper publication or other form of publication allowed in this section shall be filed with the department, and a The department shall publish the annual hunting, fishing, and trapping guides no later than September 1. A copy of the order, while it is in force and effect, shall must be included and printed in the authorized biennial compilation of the Michigan fish and game laws. The original of all orders on file in the Lansing office of the department shall must be under the seal of the department and shall bear the signatures of the chairperson and secretary of the commission and shall be countersigned by the department. The department shall establish the seasons, size limits, creel limits, and methods of taking fish in certain designated inland lakes not to exceed 20 in number at any 1 time and in certain designated streams or portions of streams not to exceed 10 in number at any 1 time for the purpose of fisheries research. The department may establish not more than 1 experimental game management area that shall must not exceed 40,000 acres in size, 4 experimental game management areas not to exceed 5,000 acres each in size, and 1 experimental game management area that shall include Beaver island Island in its entirety and the 4 islands that comprise the Little Beaver islands state game area. Islands State Game Area. The department shall establish rules and orders governing the kind of game that may be taken in the areas designated in this subsection and the time, place, and manner or method of the taking.
(2) The department shall publish annually in 1 or more newspapers of general circulation in this state notice of the availability of the annual sports fishing handbook. guide. The published notice shall must inform the public of when, where, and how the annual sports fishing handbook guide may be obtained.
(3) The department shall notify the public of an amendment, correction, or addition to the annual sports fishing handbook in the same manner as provided for newspaper publication in subsection (1).guide.
