1987 House Enrolled Bill 4985

HOUSE BILL No. 4985 HOUSE BILL No. 4985 September 28, 1987, Introduced by Reps. DeMars, Hoffman and Varga and referred to the Committee on Tourism and Recreation. A bill to amend section 10 of chapter II of Act No. 286 of the Public Acts of 1929, entitled as amended "The game law of 1929," as amended by Act No. 182 of the Public Acts of 1985, being sec tion 312.10 of the Michigan Compiled Laws. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Section 1. Section 10 of chapter II of Act No. 286 of the 2 Public Acts of 1929, as amended by Act No. 182 of the Public Acts 3 of 1985, being section 312.10 of the Michigan Compiled Laws, is 4 amended to read as follows: 5 Sec. 10. (1) Unless otherwise specified, a person shall not 6 do any of the following: 7 (a) Make use of a pit, pitfall, deadfall, scaffold, raised 8 platform, tree, cage, snare, trap, net, baited hook, or similar 9 device, or a drug, poison, salt, chemical, smoke, gas, explosive, 01852'87 SKM H 4985 2 1 weasel, ferret, fitchew, artificial light, crossbow, arbalest, or 2 mechanical device, for the purpose of injuring, capturing, or 3 killing a wild bird or wild animal. For the purpose of this act, 4 a mechanical device shall not be construed to mean a firearm, 5 slingshot, or bow and arrow. A person may hunt with bow and 6 arrow from a portable scaffold, portable raised platform, or 7 tree. The name and address of the user of a scaffold or raised 8 platform shall be etched, engraved, implanted, burned, printed, 9 or painted on the scaffold or raised platform in a legible 10 manner. A person shall not construct or permanently affix a 1 1 scaffold or raised platform to a tree. 12 (b) Use in hunting, pursuing, or killing a wild bird or wild 13 animal, or have in the person's possession in an area frequented 14 by wild birds or wild animals, an automatic, semiautomatic, or 15 autoloading shotgun or rifle other than .22 caliber rimfire, 16 capable of holding more than 6 shells at 1 time in the magazine 17 and barrel combined, or use a cartridge containing a tracer 18 bullet or a cartridge containing an explosive bullet. 19 (c) Use a 5 mm caliber rimfire rifle, .22 caliber rimfire 20 rifle, .22 caliber rimfire pistol, or .22 caliber rimfire 21 revolver in the hunting, pursuing, or killing of deer. 22 (d) Use in hunting, pursuing, or killing a wild bird or wild 23 animal a firearm, except a shotgun, flintlock, percussion cap 24 muzzle-loading rifle or muzzle-loading handgun .44 caliber or 25 larger loaded with black powder and patched round ball, or a 26 repeating pistol or revolver other than a rimfire loaded with a 27 straight walled cartridge pursuant to safety regulations issued 01852*87 3 H 4985 1 by the department of natural resources as to the allowable size 2 and caliber of handguns to be used in region 3, skill level of 3 the hunter using a handgun in region 3, and such other safety 4 requirements as the department deems appropriate and relevant to 5 region 3 during a season open to the taking of deer with firearms 6 other than in the muzzle-loading deer season, in the area south 7 of a line beginning at a point on the Wisconsin-Michigan boundary 8 line directly west of the west end of highway M-46; thence east 9 to M-46 and east along M-46 to its junction with freeway 10 U.S.-131; thence south along freeway U.S.-131 to M-57; thence 1 1 east along M-57 to its intersection with Montcalm road on the 12 Kent-Montcalm county line? thence south along that county line 13 and the Ionia-Kent county line to its intersection with M-44; 14 thence east along M-44 to its intersection with M-66; thence 15 north along M-66 to its intersection with M-57; thence east along 16 M-57 to its intersection with M-52; thence north along M-52 to 17 its intersection with M-46; thence east along M-46 to its inter 18 section with M-47; thence north along M-47 to its junction with 19 U.S.-10; thence east along U.S.-10 to its junction with 1-75; 20 thence north along 1-75 and U.S.-23 to its junction with Beaver 21 road, Kawkawlin township, Bay county; thence east along Beaver 22 road to Saginaw bay; thence north 50° east to the international 23 boundary with Canada. 24 (e) Injure, destroy, or rob the eggs of birds protected by 25 the laws of this state, or molest, harass, or annoy those birds 26 upon their nests. 01852*87 H 4985 4 1 (f) Hunt, pursue, worry, or kill wild waterfowl or other 2 birds or animals by any means whatever when the person is in or 3 upon any kind of aircraft, automobile, floating device, or other 4 contrivance propelled by, or using as motive power, steam, gas, 5 naphtha, oil, gasoline, or electricity, or when the person is in 6 or upon a sailboat. 7 (g) Transport, or have in possession, in or upon an automo 8 bile, aircraft, motorboat, sailboat, or any other vehicle pro 9 pelled by mechanical means, while in an area frequented by wild 10 birds and wild animals, a gun or other firearm, except a pistol 1 1 or revolver, unless the gun or firearm is unloaded in both the 12 barrel and magazine; or a bow, unless it is unstrung. 13 (h) Transport, or have in possession, in or upon an automo 14 bile or any self-propelled vehicle designed for land travel, 15 while in an area frequented by wild birds and wild animals, a 16 firearm except a pistol or revolver, unless the firearm is taken 17 down, enclosed in a case, carried in the trunk of an automobile, 18 or is otherwise inaccessible from the interior of the vehicle, 19 unless otherwise permitted by law. 20 (i) Make use of an artificial light in hunting, pursuing, or 21 killing a deer; or in an area frequented by wild animals, throw 22 or cast the rays of a spotlight, headlight, or other artificial 23 light in a field, woodland, or forest while having a bow, fire 24 arm, or other weapon capable of shooting a projectile in the 25 person's possession or under the person's control, unless other 26 wise permitted by law. This subdivision does not apply to the 27 period of 1 hour after the closing time for hunting, if the 01852*87 H 4985 5 1 weapon is securely locked in the trunk or otherwise inaccessible 2 to the occupants from the interior of the vehicle. A licensed 3 deer hunter may use an artificial light while in possession of an 4 unloaded firearm and traveling afoot to and from the hunter's 5 hunting stand or location. 6 (j) Throw, cast, or cause to be thrown or cast the rays of a 7 spotlight, headlight, or other artificial light between the hours 8 of 11 p.m. and 6 a.m. for the purpose of locating wild animals or 9 wild birds. This subdivision shall not apply to any of the 10 following: 1 1 (i) A law enforcement officer while in the performance of 12 the officer's duties. 13 (ii) A person operating an emergency vehicle in an 14 emergency. 15 (iii) An employee of a public or private utility while work 16 ing in the scope of his or her employment. 17 (iv) A person operating a vehicle with headlights in a 18 lawful manner upon a street, highway, or roadway. 19 (v) A person using an artificial light to identify house or 20 mail box numbers. 21 (k) Knowingly injure, kill, or destroy, or attempt to 22 injure, kill, or destroy, by any means deer which are legally 23 kept within or which have escaped from a licensed enclosure. 24 (/) Make use of a swivel or punt gun, or use or possess 25 while hunting, pursuing, or killing wild waterfowl, more than 1 26 gun for each person, or use a firearm other than a shotgun which 27 is greater in size than 10 gauge. 01852'87 H 4985 6 1 (m) Possess or use an apparatus known as a silencer on a gun 2 while hunting in this state. 3 (n) Make use of a sink box or battery as these devices are 4 defined by the United States fish and wildlife service. 5 (o) Leave decoys set out overnight in waters which are under 6 state control and are open to public hunting. 7 (p) Break, train, or practice a dog upon, or permit a dog to 8 molest, harass, or annoy, game birds or animals during their 9 respective closed seasons, except as otherwise provided by law. 10 Dogs may be trained upon game birds and other animals as may be 1 1 lawfully hunted with dogs under this act, except during April 16 12 through July 16 of each year. Dogs may be trained for, or used 13 for, the hunting of fox at any time of the day or night at any 14 time of the year. A person shall not have in his or her posses 15 sion a firearm other than a pistol or revolver and ammunition 16 other than blank cartridges while engaged in training or practic 17 ing dogs.

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