Bill Text: MI HB5631 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Natural resources; hunting; use of aerial drones to take game; prohibit. Amends secs. 40102 & 40111c of 1994 PA 451 (MCL 324.40102 & 324.40111c).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-05 - Printed Bill Filed 06/05/2014 [HB5631 Detail]

Download: Michigan-2013-HB5631-Introduced.html

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HOUSE BILL No. 5631

 

June 4, 2014, Introduced by Rep. Kosowski and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40102 and 40111c (MCL 324.40102 and

 

324.40111c), section 40102 as amended by 2007 PA 48 and section

 

40111c as added by 2008 PA 301.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40102. (1) "Aerial drone" means an unmanned vehicle or

 

device that uses aerodynamic forces to achieve flight.

 

     (2) (1) "Animals" means wild birds and wild mammals.

 

     (3) (2) "Bag limit" means the number of animals that may be

 

taken and possessed as determined by the department.

 

     (4) (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.

 

     (5) (4) "Buy" or "sell" means an exchange or attempt or offer

 

to exchange for money, barter, or anything of value.

 

     (6) (5) "Chase" means to follow animals with dogs or other

 

wild or domestic animals trained for that purpose.

 

     (7) (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.

 

     (8) (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.

 

     (9) (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.

 

     (10) (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.

 

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

 

characteristic of an individual that may result from disease,

 

injury, congenital condition of birth, or functional disorder.

 

     (12) (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.

 

     (13) (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 BBs not exceeding

 

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

 

     Sec. 40111c. (1) A person other than the department shall not

 

take game using a tranquilizer propelled from a bow or firearm.

 

     (2) An individual shall not take game using an aerial drone.