Bill Text: MI SB0037 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Natural resources: hunting; feeding or baiting deer; allow. Amends secs. 40102 & 40111a of 1994 PA 451 (MCL 324.40102 & 324.40111a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-16 - Referred To Committee On Natural Resources [SB0037 Detail]
Download: Michigan-2019-SB0037-Introduced.html
SENATE BILL No. 37
January 16, 2019, Introduced by Senator VANDERWALL 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 40111a (MCL 324.40102 and
324.40111a), section 40102 as amended by 2015 PA 24 and section
40111a as amended by 2015 PA 265.
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 baiting" means the depositing, distributing,
or tending of feed in an area frequented by wild, free-ranging
white-tailed deer or elk to aid in the taking of deer or elk. Deer
or elk baiting 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.
(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.Deer or
elk baiting.
(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 any
weapon which will, is designed
to, or may readily be converted to expel a projectile 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.
40111a. (1) The commission, after consultation with the
commission
of agriculture and rural development, shall issue in the
manner
provided in section 40113a an order concerning An individual
may
engage in deer and or elk
feeding in this state.
(2)
As used in this section, "deer and elk feeding" means the
depositing,
distributing, or tending of feed in an area frequented
by
wild, free-ranging white-tailed deer and elk to prevent them
from
starving or for recreational viewing. Deer and elk feeding
does
not include any of the following:
(a)
Baiting to take game as provided by an order of the
commission
under section 40113a.
(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 and elk from gaining access to the feed or is being
used
on a daily basis.
(iii) The feed is in a storage facility or is stored in
a
manner
that is consistent with normal agricultural practices.
(d)
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.
(2) An individual may engage in deer or elk baiting in this
state during the open seasons for deer or elk.
