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Michigan

Michigan Compiled Laws Annotated. Chapter 324. Natural Resources and Environmental Protection Act. Article III. Natural Resources Management. Chapter 2. Management of Renewable Resources. Subchapter 1. Wildlife. Wildlife Conservation. Part 401. Wildlife Conservation.

Statute Details
Printable Version
Citation: MCL 324.40101 to MCL 324.40120

Citation: MCL 324.40101 to MCL 324.40120


Last Checked by Web Center Staff: 01/2014

Summary:   These sections define game animals and lay out the regulations for taking/hunting them. Moreover, the statute clarifies that the animals are property of the people of the state and are managed by the state for their benefit.


Statute in Full:

324.40101. Meaning of words and phrases, generally

324.40102. Definitions; terms commencing “a” to “f”

324.40103. Definitions; terms commencing “g” to “r”

324.40104. Definitions; terms commencing “t” and “v”

324.40105. Animals property of the people of the state; regulation of taking

324.40106. Taking of game or protected animals; construction of section

324.40107. Management of animals by department; orders; exercise of power; issuance of orders

324.40107a. Repealed by P.A.2003, No. 242, Eff. Jan. 4, 2009

324.40107b. Raptors; designation of season for taking; designation of raptor species as game or protected animal

324.40107c. Cormorants; control and management program; participation in federally recognized organization; funding

324.40107d. Cormorants; cormorant control fund

324.40108. Modification of commission order by director; interim orders

324.40109. Transportation of game; identification of species and sex, tagging, application of section

324.40109a. Possession of game lawfully taken or hunted in another state or this state

324.40110. Designation of species as game, legislative function; first open season; issuance of orders

324.40110a. Hunting moose; open season

324.40110b. Legislative findings; establishment of wolf open season

324.40111. Taking animals from in or upon a vehicle; transport or possession of bow or firearm; discharge of firearms near dwellings

324.40111a. Deer and elk feeding

324.40111c. Taking of game; tranquilizer propelled by bow or firearm

324.40112. Obstruction or interference in the lawful taking of animals by another; injunction; violations; penalties; application of section

324.40113. Use of artificial light; time, purpose; application of subsection; stopping vehicles

324.40113a. Legislative findings and declaration; taking of game, authority to regulate

324.40114. Permits for disabled persons; order regulating taking of game with modified bow; fees

324.40115. Repealed by P.A.2000, No. 347, § 1

324.40116. Taking of game during daylight; wearing of hunter orange clothing

324.40117. Possession of parts of game or protected animal, prima facie evidence of unlawful taking

324.40118. Violations, penalties

324.40119. Reimbursement of state for value of game or protected animal; forfeiture order; default in payments; collection; disposition of forfeiture damage

324.40120. Michigan big game trophy records for deer, bear, elk, and turkey; official keeper

 

 


324.40101 Meanings of words and phrases.

Sec. 40101.

For purposes of this part, the words and phrases defined in sections 40102 to 40104 have the meanings ascribed to them in those sections.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.

 

324.40102. Definitions

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 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 not exceeding .177 caliber by means of a spring, air, or gas.

CREDIT(S)

P.A.1994, No. 451, § 40102, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.1998, No. 86, Imd. Eff. May 13, 1998; P.A.1999, No. 66, Imd. Eff. June 25, 1999; P.A.2000, No. 347, Imd. Eff. Dec. 28, 2000; P.A.2007, No. 48, Imd. Eff. Aug. 3, 2007.

 

324.40103. Definitions-Amended 2012

Sec. 40103. (1) “Game” means any animal designated as game under section 40110[FN1] and any of the following animals but does not include privately owned cervidae species located on a cervidae livestock facility registered under the privately owned cervidae producers marketing act, 2000 PA 190, MCL 287.951 to 287.969:

 

(a) Badger.

(b) Bear.

(c) Beaver.

(d) Bobcat.

(e) Brant.

(f) Coot.

(g) Coyote.

(h) Crow.

(i) Deer.

(j) Duck.

(k) Elk.

(l) Fisher.

(m) Florida gallinule.

(n) Fox.

(o) Geese.

(p) Hare.

(q) Hungarian partridge.

(r) Marten.

(s) Mink.

(t) Moose.

(u) Muskrat.

(v) Opossum.

(w) Otter.

(x) Pheasant.

(y) Quail.

(z) Rabbit.

(aa) Raccoon.

(bb) Ruffed grouse.

(cc) Sharptailed grouse.

(dd) Skunk.

(ee) Snipe.

(ff) Sora rail.

(gg) Squirrel.

(hh) Virginia rail.

(ii) Weasel.

(jj) Wild turkey.

(kk) Wolf.

(ll) Woodchuck.

(mm) Woodcock.

 

 

 

(2) “Interim order of the department” means an order of the department issued under section 40108.[FN2]

 

(3) “Kind” means an animal's sex, age, or physical characteristics.

 

(4) “Normal agricultural practices” means generally accepted agricultural and management practices as defined by the commission of agriculture and rural development.

 

(5) “Open season” means the dates during which game may be legally taken.

 

 

(6) “Parts” means any or all portions of an animal, including the skin, plumage, hide, fur, entire body, or egg of an animal.

 

(7) “Protected” or “protected animal” means an animal or kind of animal that is designated by the department as an animal that shall not be taken.

 

(8) “Residence” means a permanent building serving as a temporary or permanent home. Residence may include a cottage, cabin, or mobile home, but does not include a structure designed primarily for taking game, a tree blind, a tent, a recreational or other vehicle, or a camper.

 

Credits
P.A.1994, No. 451, § 40103, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.1998, No. 86, Imd. Eff. May 13, 1998; P.A.1999, No. 66, Imd. Eff. June 25, 1999; P.A.2000, No. 191, Eff. June 1, 2001; P.A.2004, No. 160, Imd. Eff. June 18, 2004; P.A.2012, No. 520, Imd. Eff. Dec. 28, 2012; P.A.2013, No. 21, Imd. Eff. May 8, 2013.

 

Footnotes

 

[FN1] M.C.L.A. § 324.40110.

[FN2] M.C.L.A. § 324.40108.

 

 

324.40104 Definitions; T, V.

Sec. 40104.

(1) “Take” means to hunt with any weapon, dog, raptor, or other wild or domestic animal trained for that purpose; kill; chase; follow; harass; harm; pursue; shoot; rob; trap; capture; or collect animals, or to attempt to engage in such an activity.

(2) “Transport” means to carry or ship animals within this state or to points outside this state.

(3) “Trap” means taking or attempting to take animals by means of a trap or other device designed to kill or capture animals.

(4) “Vehicle” means every device in, upon, or by which any person or property is or may be transported, except devices exclusively moved by human power.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.

 

324.40105 Animals as property of state; taking of animals to be regulated.

Sec. 40105.

All animals found in this state, whether resident or migratory and whether native or introduced, are the property of the people of the state, and the taking of all animals shall be regulated by the department as provided by law.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.

 

324.40106 Game or protected animal; taking, releasing, transporting, selling, buying, or possessing; construction of section.

Sec. 40106.

A person shall not take, release, transport, sell, buy, or have in his or her possession game or any protected animal, whether living or dead, or parts of any game or protected animal, from this state or from outside of this state, except as provided for in this part or by an order of the department or an interim order of the department. This section does not enhance the department's powers to establish an open season for an animal that is not game or give the department the power to designate a species as game.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.

 

324.40107 Management of animals; orders of department; procedures for exercising power; revision of order; filing orders to take place of former 1929 PA 286; filing and effective date of orders.

Sec. 40107.

(1) The department shall manage animals in this state. In managing animals, the department may issue orders to do all of the following:

(a) Make recommendations to the legislature regarding animals that should be added or deleted from the category of game.

(b) Determine the kinds of animals that may be taken.

(c) Determine the animals or kinds of animals that are protected.

(d) Except as otherwise provided in section 40110, establish open seasons for taking or possessing game.

(e) Establish lawful methods of taking game.

(f) Establish lawful methods of taking game for persons who have certain disabilities.

(g) Establish bag limits.

(h) Establish geographic areas within the state where certain regulations may apply to the taking of animals.

(i) Determine conditions under which permits may be issued by the department.

(j) Establish fees for the issuing of permits by the department.

(k) Regulate the hours during which animals may be taken.

(l) Require that a person involved in a chase of an animal have in his or her possession a valid license that would authorize the taking of the animal being chased.

(m) Establish conditions under which animals taken or possessed outside of this state may be imported into this state.

(n) Regulate the buying and selling of animals and parts of animals.

(o) Establish methods of taking animals that are primarily taken because of the value of their pelts, which methods supplement the lawful methods of taking such animals that exist on October 1, 1988.

(2) In exercising a power under this section, the department shall comply with the following procedures in a manner that assures adequate public notice, opportunity for public comment, and due regard for traditional methods and practices that were lawful prior to October 1, 1988:

(a) An order shall be prepared by the department after comments from department field personnel and interested persons have been solicited and considered.

(b) The order shall be on the department agenda for at least 1 month prior to its consideration.

(c) The department shall provide an opportunity for public comment on the order.

(d) Except as otherwise provided in this subdivision, the department prior to issuance of an order shall provide a copy of each order to each member of the senate and the house of representatives standing committees that consider legislation pertaining to conservation, environment, recreation, tourism, and natural resources. The members of the standing committees have 30 days to review and submit comments to the department regarding an order. This subdivision shall not apply to an order that does not alter the substance of a lawful provision that exists in the form of a statute, rule, regulation, or order at the time the order is prepared.

(e) The department shall approve, reject, or modify the order.

(3) The department may revise an order issued pursuant to this section, and any revision of such an order shall comply with the procedure set forth in subsection (2).

(4) Not later than January 1, 1990, the commission shall issue orders pursuant to subsection (1) and file orders with the secretary of state that the commission considers sufficient to take the place of former 1929 PA 286. The orders filed with the secretary of state pursuant to this subsection shall indicate that the orders become effective upon filing with the secretary of state. Following the effective date of this part, the department shall undertake all of the powers given to the commission in former 1988 PA 256.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;--Am. 1998, Act 86, Imd. Eff. May 13, 1998.

 

324.40107a. Repealed by P.A.2003, No. 242, Eff. Jan. 4, 2009

HISTORICAL AND STATUTORY NOTES

1999 Main Volume

The repealed section, which related to taking of raptors, was derived from:

C.L.1979, § 324.40107a.
P.A.1994, No. 451, § 40107a.
P.A.1998, No. 470.
P.A.2003, No. 242.

 

324.40107b. Raptors; designation of season for taking; designation of raptor species as game or protected animal

Sec. 40107b. (1) The department shall issue an order in the manner provided in section 40107(2) [FN1] establishing a season or seasons for falconers to take live raptors for use in falconry. The order shall designate the numbers of raptors that may be taken and possessed and any other conditions pertaining to the taking and possession of raptors that the department considers advisable.

(2) This section does not, and an order issued under this section shall not, designate any species of raptor as game. This section does not prohibit the department from determining that any species of raptor is a protected animal.

CREDIT(S)

P.A.1994, No. 451, § 40107b, added by P.A.2009, No. 36, Imd. Eff. June 4, 2009.

[FN1] M.C.L.A. § 324.40107.

 

324.40107c. Program to control and manage double-crested cormorants; reduction of cormorant damage; regional effort; funds

Sec. 40107c. (1) To reduce cormorant damage, the department shall administer a program to control and manage double-crested cormorants. The department shall administer the program in cooperation with federal agencies and in a manner that complies with the cormorant depredation order.

(2) In consultation with the department of environmental quality, the department shall participate in a federally recognized organization of states, such as the Mississippi flyway council, to coordinate a regional effort to reduce cormorant damage that includes urging the federal government to do both of the following:

(a) Expand state options for double-crested cormorant control by revising the cormorant depredation order.

(b) Seek to amend the migratory bird convention with Mexico to designate the double-crested cormorant as a game species.

(3) The department shall seek funding from the Great Lakes protection fund authorized under part 331 [FN1] for deposit in the cormorant control fund created in section 40107d. [FN2]

CREDIT(S)

P.A.1994, No. 451, § 40107c, added by P.A.2007, No. 47, Imd. Eff. Aug. 3, 2007.

[FN1] M.C.L.A. § 324.33101 et seq.

[FN2] M.C.L.A. § 324.40107d et seq.

 

324.40107d. Cormorant control fund; creation; deposits; administration

Sec. 40107d. (1) The cormorant control fund is created within the state treasury.

(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(4) The department shall be the administrator of the fund for auditing purposes.

(5) The department shall expend money from the fund, upon appropriation, only to implement section 40107c. [FN1]

History: P.A.1994, No. 451, § 40107d, added by P.A.2007, No. 49, Imd. Eff. Aug. 3, 2007.

Footnotes:

[FN1] M.C.L.A. § 324.40107c.

 

324.40108 Interim orders.

Sec. 40108.

The department may modify an order issued under section 40107 by issuing an interim order consistent with federal regulations or when the department determines that animals are at risk of being depleted or extirpated, or the animal is threatening public safety or inflicting damage to horticulture, agriculture, or other property. The department shall publicize an interim order in a manner that ensures that interested persons are provided notice of the proposed interim order, the reasons for the requested modifications, and the proposed effective date of the order. In addition, the department shall provide a copy of an interim order to each member of the senate and the house of representatives standing committees that consider legislation pertaining to conservation, environment, recreation, tourism, and natural resources. An interim order under this section shall be in effect for not longer than 6 months.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.

 

324.40109 Transportation of game; identification of sex and species; tagging; section inapplicable to skins, pelts, and hides.

Sec. 40109.

If game is transported, the sex and species of the game shall be readily identifiable unless the game is game that has been cleaned at a hunting preserve and tagged as required by law. If game is transported, it shall be tagged as required by law or a department order authorized under section 40107. This section does not apply to skins, pelts, or hides of game that is lawfully taken and legally possessed.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.

 

324.40109a. Possession of game lawfully taken or hunted in another state or this state

Sec. 40109a. An individual shall not be prosecuted, punished, or penalized by this state for any of the following:

(a) Lawfully taking game in another state.

(b) Lawfully engaging in a hunt in another state.

(c) Possessing game that was lawfully taken in another state or this state if that game is possessed in compliance with this act and with orders issued under this act.

Credits
P.A.1994, No. 451, § 40109a, added by P.A.2013, No. 111, Imd. Eff. Sept. 24, 2013.

 

324.40110 Designation of species as game; establishment of first open season; orders.

Sec. 40110. (1) Only the legislature or the commission may designate a species as game. If an animal is designated under this section by the legislature or commission as game, then only the legislature or commission may authorize the establishment of the first open season for that animal. Only the legislature may remove a species from the list of game. The commission shall exercise its authority under this subsection by issuing orders. The commission shall not designate any of the following as game under this subsection:

(a) A domestic animal.

(b) Livestock.

(c) Any species added to the game list by a public act that is rejected by a referendum before the effective date of the 2013 amendatory act that amended this section.1

(2) After the legislature or commission authorizes the establishment of the first open season for game pursuant to this section, the department may issue orders pertaining to that animal for each of the purposes listed in section 40107.2

(3) As used in this section:

(a) “Domestic animal” means those species of animals that live under the husbandry of humans.

(b) “Livestock” includes, but is not limited to, cattle, sheep, new world camelids, goats, bison, privately owned cervids, ratites, swine, equine, poultry, and rabbits. Livestock does not include dogs and cats.

History: P.A.1994, No. 451, § 40110, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2013, No. 21, Imd. Eff. May 8, 2013.

Footnotes

[FN1] P.A.2013, No. 21, Imd. Eff. May 8, 2013.

[FN2] M.C.L.A. § 324.40107. 

324.40110a. Hunting moose; open season

Sec. 40110a. The legislature hereby authorizes the establishment of the first open season for moose. The commission may issue orders pertaining to moose for each of the purposes listed in section 40113a, [FN1] including, but not limited to, orders establishing the first open season for moose.

CREDIT(S)

P.A.1994, No. 451, § 40110a, added by P.A.2010, No. 366, Imd. Eff. Dec. 22, 2010.

[FN1] M.C.L.A. § 324.40113a.

 

324.40110b. Legislative findings; establishment of wolf open season

Sec. 40110b. (1) The legislature finds and declares that:

(a) The wildlife populations of the state and their habitat are of paramount importance to the citizens of this state.

(b) The sound management of wolf populations in this state is necessary, including the use of hunting as a management tool, to minimize negative human and wolf encounters and to prevent wolves from threatening or harming humans, livestock, and pets.

(2) The legislature hereby authorizes the establishment of the first open season for wolf. The commission may issue orders under section 40113a[FN1] establishing annual wolf hunting seasons throughout the state.

Credits
P.A.1994, No. 451, § 40110b, added by P.A.2012, No. 520, Imd. Eff. Dec. 28, 2012.

Footnotes
[FN1] M.C.L.A. § 324.40113a 

 

324.40111 Taking animal from in or upon vehicle; transporting or possessing firearm in or upon vehicle; transporting bow in or upon vehicle; written permission to hunt or discharge firearm.

Sec. 40111. (1) Except as otherwise provided in subsection (3) or (4), this part, or in a department order authorized under section 40107,1 an individual shall not take an animal from in or upon a vehicle.

(2) Except as otherwise provided in subsection (3) or (4), this part, or in a department order authorized under section 40107, an individual shall not transport or possess a firearm in or upon a vehicle, unless the firearm is unloaded in both barrel and magazine and enclosed in a case, carried in the trunk of a vehicle, or unloaded in a motorized boat.

(3) A person with a disability may transport or possess a firearm in or upon a vehicle, except for a car or truck, on a state licensed game bird hunting preserve if the firearm is unloaded and the vehicle is operated at a speed of not greater than 10 miles per hour. A person with a disability may possess a loaded firearm and may discharge that firearm to take an animal from in or upon a vehicle, except for a car or truck, on a state licensed game bird hunting preserve if the vehicle is not moving. The department may demand proof of eligibility under this subsection. An individual shall possess proof of his or her eligibility under this subsection and furnish the proof upon the request of a peace officer.

(4) An individual may transport or possess an unloaded firearm in or upon a vehicle on a sporting clays range.

(5) Except as otherwise provided in this part, an individual shall not transport or possess a bow in or upon a vehicle, unless the bow is unstrung, enclosed in a case, or carried in the trunk of a vehicle.

(6) An individual shall not hunt or discharge a firearm within 150 yards of an occupied building, dwelling, house, residence, or cabin, or any barn or other building used in connection with a farm operation, without obtaining the written permission of the owner, renter, or occupant of the property.

(7) As used in this section:

(a) “Person with a disability” means a disabled person as that term is defined in section 19a of the Michigan vehicle code, 1949 PA 300, MCL 257.19a, and who is in possession of 1 of the following:

(i) A certificate of identification or windshield placard issued to a disabled person under section 675 of the Michigan vehicle code, 1949 PA 300, MCL 257.675.

(ii) A special registration plate issued to a disabled person under section 803d of the Michigan vehicle code, 1949 PA 300, MCL 257.803d.

(b) “Unloaded” means, for a break-action firearm, that the action is open with the breech exposed, whether or not the breech contains a shell. Unloaded means, for a non-break-action firearm, that the barrel of the firearm does not contain a shell.

Credits
P.A.1994, No. 451, § 40111, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2012, No. 246, Imd. Eff. July 2, 2012; P.A.2012, No. 340, Imd. Eff. Oct. 16, 2012.

 

324.40111a. Deer and elk feeding

Sec. 40111a. (1) The commission, after consultation with the commission of agriculture, shall issue in the manner provided in section 40113a [FN1] an order concerning deer and 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.

(3) This section is repealed effective January 1, 2016.

CREDIT(S)

Amended by P.A.2009, No. 199, Imd. Eff. Dec. 29, 2009.

[FN1] M.C.L.A. § 324.40113a.
REPEAL

<This section is repealed effective January 1, 2016, pursuant to its terms.>

 

324.40111c. Taking of game; tranquilizer propelled by bow or firearm

Sec. 40111c. A person other than the department shall not take game using a tranquilizer propelled from a bow or firearm.

CREDIT(S)

P.A.1994, No. 451, § 40111c, added by P.A.2008, No. 301, Imd. Eff. Nov. 13, 2008.

 

324.40112 Obstructing or interfering in lawful taking of animals; prohibited conduct; petition; injunction; violation as misdemeanor; penalties; section inapplicable to peace officer.

Sec. 40112.

(1) A person shall not obstruct or interfere in the lawful taking of animals by another person.

(2) A person violates this section when the person intentionally or knowingly does any of the following:

(a) Drives or disturbs animals for the purpose of disrupting a lawful taking.

(b) Blocks, impedes, or harasses another person who is engaged in the process of lawfully taking an animal.

(c) Uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal behavior in order to hinder or prevent the lawful taking of an animal.

(d) Erects barriers to deny ingress or egress to areas where the lawful taking of animals may occur. This subdivision does not apply to a person who erects barriers to prevent trespassing on his or her property.

(e) Interjects himself or herself into the line of fire of a person lawfully taking wildlife.

(f) Affects the condition or placement of personal or public property intended for use in the lawful taking of an animal in order to impair the usefulness of the property or prevent the use of the property.

(g) Enters or remains upon private lands without the permission of the owner or the owner's agent, for the purpose of violating this section.

(h) Engages in any other act or behavior for the purpose of violating this section.

(3) Upon petition of an aggrieved person or a person who reasonably may be aggrieved by a violation of this section, a court of competent jurisdiction, upon a showing that a person was engaged in and threatens to continue to engage in illegal conduct under this section, may enjoin that conduct.

(4) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, or a fine of not less than $500.00 or more than $1,000.00, or both, and the costs of prosecution. A person who violates this section a second or subsequent time is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of not less than $1,000.00 or more than $2,500.00, or both, and the costs of prosecution. In addition to the penalties provided for in this subsection, any permit or license issued by the department authorizing the person to take animals shall be revoked. A prosecution under this section does not preclude prosecution or other action under any other criminal or civil statute.

(5) This section does not apply to a peace officer while the peace officer performs his or her lawful duties.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;--Am. 1996, Act 316, Eff. July 1, 1996.

 

324.40113 Artificial light.

Sec. 40113.

(1) Except as otherwise provided in a department order authorized under section 40107 for a specified animal, a person shall not use an artificial light in taking game or in an area frequented by animals; throw or cast the rays of a spotlight, headlight, or other artificial light in a field, woodland, or forest while having a bow or firearm or other weapon capable of shooting a projectile in the person's possession or under the person's control unless otherwise permitted by law. A licensed hunter may use an artificial light 1 hour before and 1 hour after shooting hours while in possession of any unloaded firearm or bow and traveling afoot to and from the licensed hunter's hunting location.

(2) Except as otherwise provided in a department order authorized under section 40107, a person shall not throw, cast, or cause to be thrown or cast, the rays of an artificial light from December 1 to October 31 between the hours of 11 p.m. and 6 a.m. for the purpose of locating animals. Except as otherwise permitted by law or an order of the department, from November 1 to November 30, a person shall not throw, cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light for the purpose of locating animals. This subsection does not apply to any of the following:

(a) A peace officer while in the performance of the officer's duties.

(b) A person operating an emergency vehicle in an emergency.

(c) An employee of a public or private utility while working in the scope of his or her employment.

(d) A person operating a vehicle with headlights in a lawful manner upon a street, highway, or roadway.

(e) A person using an artificial light to identify a house or mailbox number.

(f) The use of artificial lights used to conduct a census by the department.

(g) A person using an artificial light from November 1 to November 30 on property that is owned by that person or by a member of that person's immediate family.

(3) The operator of a vehicle from which the rays of an artificial light have been cast in a clear attempt to locate game shall immediately stop the vehicle upon the request of a uniformed peace officer or when signaled by a peace officer with a flashing signal light or siren from a marked patrol vehicle.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995.

 

324.40113a Legislative findings and declarations; taking of game; issuance of orders.

Sec. 40113a. (1) The legislature finds and declares that:

(a) The wildlife populations of the state and their habitat are of paramount importance to the citizens of this state.

(b) The sound scientific management of the wildlife populations of the state, including hunting of bear, is declared to be in the public interest.

(c) 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[FN1] 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. Issuance of orders by the commission regarding the taking of game shall be made following a public meeting and an opportunity for public input. 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.


History: P.A.1994, No. 451, § 40113a, added by P.A.1996, No. 377, § 1, Eff. Dec. 5, 1996. Amended by P.A.1997, No. 19, Imd. Eff. June 12, 1997; P.A.2013, No. 21, Imd. Eff. May 8, 2013; P.A.2013, No. 22, Imd. Eff. May 8, 2013.

Footnotes

[FN1] M.C.L.A. § 324.40103.

.

Compiler's Note: This section, as added by Act 377 of 1996, was submitted to, and approved by, the electors of the state at the general election held on November 5, 1996.

 

324.40114. Permits for disabled persons; order regulating taking of game with modified bow; fees

Sec. 40114. (1) The department may issue a permit to an individual who is unable to walk because the individual is a paraplegic or an amputee or because of a disease or injury that has rendered the individual permanently disabled. A permit issued under this subsection authorizes the individual to take game during the open season for that game, including deer of either sex, from or upon a standing vehicle if that individual holds a license to take that game issued under part 435 and complies with all other laws and rules for the taking of game.

(2) The department may issue a permit to an individual who is permanently disabled, who has full use of only [FN1] arm, and who upon investigation is unable to hold, aim, and shoot a bow. A permit issued under this subsection authorizes the individual to take game during the open season for that game with a bow that has been modified so that the bow may be held, aimed, and shot with 1 arm, if that individual holds a license to take that game issued under part 4351 and complies with all other laws and rules for the taking of game.

(3) The commission may issue an order under section 40113a[FN2] regulating the taking of game with a modified bow that may be shot with 1 arm. Subsection (2) does not apply on or after the effective date of such an order.

(4) In addition, the department may issue permits authorizing 1 or more of the following:

(a) The taking or possession of animals for the purpose of rehabilitating animals.

(b) The taking of animals to prevent or control damage and nuisance caused by the animals subject to the following:

(i) Except during an open season for deer, deer may be taken under this subdivision if the department determines that deer have caused damage to emerging, standing, or harvested crops or to feed properly stored in accordance with normal agricultural practices. If the department receives a request for a permit issued under this subdivision, the department shall, within 5 business days after receiving the request, determine whether a permit should be issued. If the department determines that a permit should not be issued under this subdivision, the department shall deny the request in writing within 10 business days after receiving the request. In denying the request for a permit, the department shall advise the applicant on other techniques for controlling or preventing damage caused by deer.

(ii) A permittee under a deer damage shooting permit may designate not more than 15 authorized shooters to implement the provisions of the permit unless the department authorizes otherwise.

(c) The collection, transportation, possession, or disposition of animals and parts of animals for scientific purposes.

(d) The public exhibition of animals.

(e) Taxidermy.

(f) The disposition of accidentally or unlawfully taken or injured animals or animals that are unlawfully possessed.

(g) The taking of game with a crossbow by an individual who is permanently or temporarily disabled.

(h) The taking or possession of raptors for the purposes of falconry.

(5) A permit issued under this section may be suspended, revoked, annulled, withdrawn, recalled, canceled, or amended pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the holder of a permit is convicted of violating the permit or this section, his or her permit or license may be revoked and any animal and the parts of any animal in his or her possession shall be disposed of in a manner approved by the department.

(6) Fees received for permits and licenses issued under this section shall be forwarded by the department to the state treasurer to be credited to the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010.[FN3]

Credits
P.A.1994, No. 451, § 40114, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2004, No. 587, Eff. Dec. 23, 2006; P.A.2008, No. 169, Imd. Eff. July 2, 2008; P.A.2009, No. 109, Imd. Eff. Oct. 1, 2009; P.A.2010, No. 87, Imd. Eff. May 27, 2010; P.A.2012, No. 65, Imd. Eff. March 27, 2012.

[FN1] M.C.L.A. § 324.43501 et seq.

[FN2] M.C.L.A. § 324.40113a.

[FN3] M.C.L.A. § 324.2010..

 

324.40115. Repealed by P.A.2000, No. 347, § 1

 

324.40116. Taking of game during daylight; wearing of hunter orange clothing

Sec. 40116. (1) A person shall not take game during the established daylight shooting hours from August 15 through April 30 unless the person wears a cap, hat, vest, jacket, or rain gear of hunter orange. Hunter orange includes camouflage that is not less than 50% hunter orange. The garments that are hunter orange shall be the hunter's outermost garment and shall be visible from all sides of the hunter.

(2) Subsection (1) does not apply to a person engaged in the taking of deer with a bow or crossbow during archery deer season, a person taking bear with a bow or crossbow, a person engaged in the taking of turkey or migratory birds other than woodcock, a person engaged in the sport of falconry, or a person who is stationary and in the act of hunting bobcat, coyote, or fox.

(3) The failure of a person to comply with this section is not evidence of contributory negligence in a civil action for injury to the person or for the person's wrongful death.

(4) As used in this section, “Hunter orange” means the highly visible color commonly referred to as hunter orange and includes blaze orange, flame orange, and fluorescent blaze orange.

CREDIT(S)

P.A.1994, No. 451, § 40116, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.1996, No. 154, § 1, Imd. Eff. April 3, 1996; P.A.2004, No. 325, Imd. Eff. Sept. 10, 2004; P.A.2009, No. 65, Imd. Eff. July 2, 2009.

 

324.40117 Possession of parts of animal as prima facie evidence of violation.

Sec. 40117.

In a prosecution for a violation of this part or an order or interim order issued under this part, the possession of the parts of any game or protected animal, except when the taking is permitted by this part, is prima facie evidence that the animal was taken in violation of this part by the person possessing the animal.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;--Am. 2000, Act 347, Imd. Eff. Dec. 28, 2000.

 

324.40118 Violation as misdemeanor; penalty.-Amended 2012

Sec. 40118. (1) A person who violates this part, an order or interim order issued under this part, or a condition of a permit issued under this part, except for a violation specified in subsections (2) to (12), is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution. In addition, a permit issued by the department under this part shall be revoked pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

(2) A person who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of any game, except deer, bear, wild turkey, wolf, moose, or elk, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.

 

(3) * * * Except as otherwise provided in this subsection, a person who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of deer, bear, * * * wild turkey, or wolf is guilty of a misdemeanor and shall be punished by imprisonment for not less than 5 days or more than 90 days, and a fine of not less than $200.00 or more than $1,000.00, and the costs of prosecution. A person shall not be punished under this subsection for lawfully removing, capturing, or destroying a wolf under 2008 PA 290, MCL 324.95151 to 324.95155, or 2008 PA 318, MCL 324.95161 to 324.95167.

 

(4) A person who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of elk is guilty of a misdemeanor punishable by imprisonment for not less than 30 days or more than 180 days, or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution.

 

(5) A person who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of moose is guilty of a misdemeanor and shall be punished by imprisonment for not less than 90 days or more than 1 year and a fine of not less than $1,000.00 or more than $5,000.00, and the costs of prosecution.

 

(6) A person sentenced pursuant to subsection (3), (4), (5), (10), or (11) shall not secure or possess a license of any kind to hunt during the remainder of the year in which convicted and the next 3 succeeding calendar years. A person sentenced pursuant to subsection (7) shall not secure or possess a license to hunt during the remainder of the year in which convicted and the next succeeding calendar year.

 

(7) A person who violates section 40113(1) is guilty of a misdemeanor punishable by imprisonment for not less than 5 days or more than 90 days, or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution.

 

 

(8) A person who violates section 40113(2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution.

 

(9) A person who violates section 40113(3) is guilty of a misdemeanor and shall be punished by imprisonment for not less than 5 days or more than 90 days and a fine of not less than $100.00 or more than $500.00, and the costs of prosecution.

 

(10) A person who violates a provision of this part or an order or interim order issued under this part regarding the taking or possession of an animal that has been designated by the department to be a protected animal, other than an animal that appears on a list prepared pursuant to section 36505, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.

 

(11) A person who buys or sells game or a protected animal in violation of this part or an order or interim order issued under this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both, for the first offense, and is guilty of a felony for each subsequent offense.

 

(12) If a person is convicted of a violation of this part or an order or interim order issued under this part and it is alleged in the complaint and proved or admitted at trial or ascertained by the court after conviction that the person had been previously convicted 2 times within the preceding 5 years for a violation of this part or an order or interim order issued under this part, the person is guilty of a misdemeanor and shall be punished by imprisonment for not less than 10 days or more than 180 days, and a fine of not less than $500.00 or more than $2,000.00, and costs of prosecution.

 

 

History: Credits
P.A.1994, No. 451, § 40118, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2000, No. 347, Imd. Eff. Dec. 28, 2000; P.A.2012, No. 520, Imd. Eff. Dec. 28, 2012.

 

324.40119. Reimbursement of state for value of game or protected animal; forfeiture order; default in payments; collection; disposition of forfeiture damage

<Section effective until Feb. 25, 2014. See, also, section effective Feb. 25, 2014.>

Sec. 40119. (1) In addition to the penalties provided for violating this part or an order issued under this part, and the penalty provided in section 36507, [FN1] a person convicted of the illegal killing, possessing, purchasing, or selling, of game or protected animals, in whole or in part, shall reimburse the state for the value of the game or protected animal as follows:

(a) Bear, elk, hawk, moose, or any animal that appears on a list specified in section 36505, [FN2] $1,500.00 per animal.

(b) Deer, owl, and wild turkey, $1,000.00 per animal.

(c) Other game not listed in subdivision (a) or (b), not less than $100.00 or more than $500.00 per animal.

(d) Other protected animals, $100.00 per animal.

(2) The court in which a conviction for a violation described in subsection (1) is obtained shall order the defendant to forfeit to the state a sum as set forth in subsection (1). If 2 or more defendants are convicted of the illegal killing, possessing, purchasing, or selling, in whole or in part, of game or protected animals listed in subsection (1), the forfeiture prescribed shall be declared against them jointly.

(3) If a defendant fails to pay upon conviction the sum ordered by the court to be forfeited, the court shall either impose a sentence and, as a condition of the sentence, require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the sum to be forfeited in installments at those times and in those amounts that, in the opinion of the court, the defendant is able to pay.

(4) If a defendant defaults in payment of the sum forfeited or of an installment, the court on motion of the department or upon its own motion may require the defendant to show cause why the default should not be treated as a civil contempt, and the court may issue a summons or warrant of arrest for his or her appearance. Unless the defendant shows that the default was not due to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to obtain the funds required for the payment, the court shall find that the default constitutes a civil contempt.

(5) If it appears that the defendant's default in the payment of the forfeiture does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of the forfeiture or of each installment, or revoking the forfeiture or the unpaid portion of the forfeiture, in whole or in part.

(6) A default in the payment of the forfeiture or an installment payment may be collected by any means authorized for the enforcement of a judgment under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.

(7) A court receiving forfeiture damages shall remit the damages to the county treasurer, who shall deposit the damages with the state treasurer, who shall deposit the damages in the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010. [FN3]

CREDIT(S)

P.A.1994, No. 451, § 40119, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2004, No. 587, Eff. Dec. 23, 2006.

[FN1] M.C.L.A. § 324.36507.

[FN2] M.C.L.A. § 324.36505.

[FN3] M.C.L.A. § 324.2010.

<Section effective Feb. 25, 2014. See, also, section effective until Feb. 25, 2014.>

Sec. 40119. (1) In addition to the penalties provided for violating this part or an order issued under this part, and the penalty provided in section 36507,[FN1] an individual convicted of the illegal killing, possessing, purchasing, or selling of game or protected animals, in whole or in part, shall reimburse the state for the value of the game or protected animal as follows:

(a) Bear, elk, hawk, moose, or any animal that appears on a list specified in section 36505,[FN2] $1,500.00 per animal.

(b) Deer, owl, and wild turkey, $1,000.00 per animal.

(c) Other game not listed in subdivision (a) or (b), not less than $100.00 or more than $500.00 per animal.

(d) Other protected animals, $100.00 per animal.

(2) In addition to the restitution value established in subsection (1), an individual convicted of the illegal killing, possessing, purchasing, or selling of an antlered white-tailed deer also shall pay an additional restitution value that is equal to $1,000.00 plus 1 of the following:

(a) For an antlered white-tailed deer with at least 8 but not more than 10 points, $500.00 for each point.

(b) For an antlered white-tailed deer with 11 or more points, $750.00 for each point.

(3) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of an antlered white-tailed deer is subject to the following penalties:

(a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under section 40118(6).[FN3]

(b) For a second or subsequent offense, the individual shall not secure or possess a license of any kind to hunt for an additional 7 calendar years after the penalties imposed under section 40118(6).

(4) The court in which a conviction for a violation described in subsection (1) or (2) is obtained shall order the defendant to forfeit to the state a sum as set forth in subsection (1) or (2). If 2 or more defendants are convicted of the illegal killing, possessing, purchasing, or selling, in whole or in part, of game or protected animals listed in subsection (1) or (2), the forfeiture prescribed shall be declared against them jointly.

(5) If a defendant fails to pay upon conviction the sum ordered by the court to be forfeited, the court shall either impose a sentence and, as a condition of the sentence, require the defendant to satisfy the forfeiture in the amount prescribed and fix the manner and time of payment, or make a written order permitting the defendant to pay the sum to be forfeited in installments at those times and in those amounts that, in the opinion of the court, the defendant is able to pay.

(6) If a defendant defaults in payment of the sum forfeited or of an installment, the court on motion of the department or upon its own motion may require the defendant to show cause why the default should not be treated as a civil contempt, and the court may issue a summons or warrant of arrest for his or her appearance. Unless the defendant shows that the default was not due to an intentional refusal to obey the order of the court or to a failure to make a good faith effort to obtain the funds required for the payment, the court shall find that the default constitutes a civil contempt.

(7) If it appears that the defendant's default in the payment of the forfeiture does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of the forfeiture or of each installment, or revoking the forfeiture or the unpaid portion of the forfeiture, in whole or in part.

(8) A default in the payment of the forfeiture or an installment payment may be collected by any means authorized for the enforcement of a judgment under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.

(9) A court receiving forfeiture damages shall remit the damages to the county treasurer, who shall deposit the damages with the state treasurer, who shall deposit the damages in the game and fish protection account established in section 2010.[FN4]

(10) As used in this section, “point” means a projection on the antler of a white-tailed deer that is at least 1 inch long as measured from its tip to the nearest edge of the antler beam.

Credits
P.A.1994, No. 451, § 40119, added by P.A.1995, No. 57, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2004, No. 587, Eff. Dec. 23, 2006; P.A.2013, No. 175, Eff. Feb. 25, 2014.

Footnotes

[FN1] M.C.L.A. § 324.36507.

[FN2] M.C.L.A. § 324.36505.

[FN3] M.C.L.A. § 324.40118.

[FN4] M.C.L.A. § 324.2010.

 

324.40120. Michigan big game trophy records for deer, bear, elk, and turkey; official keeper

Sec. 40120. The department shall recognize commemorative bucks of Michigan, inc., as the official keeper of Michigan big game trophy records for deer, bear, elk, and turkey.

Credits
P.A.1994, No. 451, § 40120, added by P.A.2006, No. 145, Imd. Eff. May 22, 2006.

 



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