1987 House Enrolled Bill 4356

Act No. 42 Public Acts of 1987 Approved by the Governor June 8, 1987 Filed with the Secretary of State June 9, 1987 STATE OF MICHIGAN 84TH LEGISLATURE REGULAR SESSION OF 1987 Introduced by Reps. Giese, Bartnik, Hertel, Gnodtke, Power, Scott, Randall, Sparks, Ouwinga, Ostling, Hayes, Gilmer, Muxlow, Willis Bullard, Sikkema, Gubow, Lynn Owen, Porreca, Knight, Emmons, Hoekman, Van Singel, Strand, Oxender and Weeks ENROLLED HOUSE BILL No. 4356 AN ACT to amend section 10 of chapter II of Act No. 286 of the Public Acts of 1929, entitled as amended “An act to provide for the protection of wild animals and wild birds; to regulate the use of artificial lights and the taking, possession, use, and transportation of wild animals and wild birds; to prohibit the sale of game animals and birds; to regulate the manner of hunting, pursuing, and killing game animals, birds, and fur bearing animals; to provide for the issuing of licenses and permits for the taking, hunting, or killing of all wild animals and birds and the disposition of the money derived therefrom; to provide for the issuance of a sportsman’s license by combining several hunting and fishing licenses; to provide penalties for the violation of any of the provisions of this act and the rules adopted under this act, and to repeal certain acts and parts of acts,” as amended by Act No. 182 of the Public Acts of 1985, being section 312.10 of the Michigan Compiled Laws. The People of the State of Michigan enact: Section 1. Section 10 of chapter II of Act No. 286 of the Public Acts of 1929, as amended by Act No. 182 of the Public Acts of 1985, being section 312.10 of the Michigan Compiled Laws, is amended to read as follows: CHAPTER II Sec. 10. (1) Unless otherwise specified, a person shall not do any of the following: (a) Make use of a pit, pitfall, deadfall, scaffold, raised platform, tree, cage, snare, trap, net, baited hook, or similar device, or a drug, poison, salt, chemical, smoke, gas, explosive, weasel, ferret, fitchew, artificial light, crossbow, arbalest, or mechanical device, for the purpose of injuring, capturing, or killing a wild bird or wild animal. For the purpose of this act, a mechanical device shall not be construed to mean a firearm, slingshot, or bow and arrow. A person may hunt with bow and arrow from a portable scaffold, portable raised platform, or tree. The name and address of the user of a scaffold or raised platform shall be etched, engraved, implanted, burned, printed, or painted on the scaffold or raised platform in a legible manner. A person shall not construct or permanently affix a scaffold or raised platform to a tree. (28) (b) Use in hunting, pursuing, or killing a wild bird or wild animal, or have in the person’s possession in an area frequented by wild birds or wild animals, an automatic, semiautomatic, or autoloading shotgun or rifle other than .22 caliber rimfire, capable of holding more than 6 shells at 1 time in the magazine and barrel combined, or use a cartridge containing a tracer bullet or a cartridge containing an explosive bullet. (c) Use a 5 mm caliber rimfire rifle, .22 caliber rimfire rifle, .22 caliber rimfire pistol, or .22 caliber rimfire revolver in the hunting, pursuing, or killing of deer. (d) Use in hunting, pursuing, or killing a wild bird or wild animal a firearm, except a shotgun, flintlock, percussion cap muzzle-loading rifle or muzzle-loading handgun .44 caliber or larger loaded with black powder and patched round ball, or a repeating pistol or revolver, other than a rimfire, loaded with a straight walled cartridge pursuant to safety regulations issued by the department of natural resources as to the allowable size and caliber of handguns to be used in region 3, skill level of the hunter using a handgun in region 3, and such other safety requirements as the department deems appropriate and relevant to region 3 during a season open to the taking of deer with firearms other than in the muzzle-loading deer season, in the area south of a line beginning at a point on the Wisconsin-Michigan boundary line directly west of the west end of highway M-46; thence east to M-46 and east along M-46 to its junction with freeway U.S.-131; thence south along freeway U.S.- 131 to M-57; thence east along M-57 to its intersection with Montcalm road on the Kent-Montcalm county line; thence south along that county line and the Ionia-Kent county line to its intersection with M-44; thence east along M-44 to its intersection with M-66; thence north along M-66 to its intersection with M-57; thence east along M-57 to its intersection with M-52; thence north along M-52 to its intersection with M-46; thence east along M-46 to its intersection with M-47; thence north along M-47 to its junction with U.S.-10; thence east along U.S.-10 to its junction with 1-75; thence north along 1-75 and U.S.-23 to its junction with Beaver road, Kawkawlin township, Bay county; thence east along Beaver road to Saginaw bay; thence north 50° east to the international boundary with Canada. (e) Injure, destroy, or rob the eggs of birds protected by the laws of this state, or molest, harass, or annoy those birds upon their nests. (f) Hunt, pursue, worry, or kill wild waterfowl or other birds or animals by any means whatever when the person is in or upon any kind of aircraft, automobile, floating device, or other contrivance propelled by, or using as motive power, steam, gas, naphtha, oil, gasoline, or electricity, or when the person is in or upon a sailboat. (g) Transport, or have in possession, in or upon an automobile, aircraft, motorboat, sailboat, or any other vehicle propelled by mechanical means, while in an area frequented by wild birds and wild animals, a gun or other firearm, except a pistol or revolver, unless the gun or firearm is unloaded in both the barrel and magazine; or a bow, unless it is unstrung. (h) Transport, or have in possession, in or upon an automobile or any self-propelled vehicle designed for land travel, while in an area frequented by wild birds and wild animals, a firearm except a pistol or revolver, unless the firearm is taken down, enclosed in a case, carried in the trunk of an automobile, or is otherwise inaccessible from the interior of the vehicle, unless otherwise permitted by law. (i) Make use of an artificial light in hunting, pursuing, or killing a deer; or in an area frequented by wild animals, throw or cast the rays of a spotlight, headlight, or other artificial light in a field, woodland, or forest while having a bow, 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. This subdivision does not apply to the period of 1 hour after the closing time for hunting, except for the month of November, if the weapon is securely locked in the trunk or otherwise inaccessible to the occupants from the interior of the vehicle. A licensed deer hunter may use an artificial light while in possession of an unloaded firearm and traveling afoot to and from the hunter’s hunting stand or location. (j) Throw, cast, or cause to be thrown or cast the rays of a spotlight, headlight, or other artificial light from December 1 to October 31 between the hours of 11 p.m. and 6 a.m. for the purpose of locating wild animals or wild birds. 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 wild animals or birds, except as otherwise permitted by law. This subdivision shall not apply to any of the following: (i) A law enforcement officer while in the performance of the officer’s duties. (u) A person operating an emergency vehicle in an emergency. (in) An employee of a public or private utility while working in the scope of his or her employment. (w) A person operating a vehicle with headlights in a lawful manner upon a street, highway, or roadway. (-r) A person using an artificial light to identify house or mail box numbers. (k) Knowingly injure, kill, or destroy, or attempt to injure, kill, or destroy, by any means deer which are legally kept within or which have escaped from a licensed enclosure. (Z) Make use of a swivel or punt gun, or use or possess while hunting, pursuing, or killing wild waterfowl, more than 1 gun for each person, or use a firearm other than a shotgun which is greater in size than 10 gauge. 2 (m) Possess or use an apparatus known as a silencer on a gun while hunting in this state. (n) Make use of a sink box or battery as these devices are defined by the United States fish and wildlife service. (o) Leave decoys set out overnight in waters which are under state control and are open to public hunting. (p) Break, train, or practice a dog upon, or permit a dog to molest, harass, or annoy, game birds or animals during their respective closed seasons, except as otherwise provided by law. Dogs may be trained upon game birds and other animals as may be lawfully hunted with dogs under this act, except during April 16 through July 16 of each year.

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