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Michigan

Michigan Compiled Laws Annotated Currentness. 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. 324.40112. Obstruction or interference in the lawful taking of animals by another; injunction; violations; penalties; application of section

Statute Details
Printable Version
Citation: M.C.L.A. 324.40112

Citation: MI ST 324.40112


Last Checked by Web Center Staff: 01/2014

Summary:  

This law makes it a crime to interfere or obstruct someone in the lawful taking of animals.



Statute in Full:

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.
Popular Name: Act 451

 



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