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,
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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
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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.
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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.
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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. Field dog trials may be held at any time at the dis
18 cretion of the director of the department of natural resources
19 under rules promulgated by the director.
20 (q) Train dogs in put and take pheasant areas between
21 October 20 and March 1 of each year. The department of natural
22 resources may prohibit or adjust all hunting in put and take
23 pheasant areas during this time period.
24 (r) Set afire or assist in setting afire a marshland or
25 other lands for the purpose of driving out wild birds or wild
26 animals, or take or attempt to take a wild bird or wild animal so
27 driven out of a marshland or other land.
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1 (s) Intentionally interfere in any manner with the lawful
2 hunting, pursuing, or taking of a wild bird or a wild- animal by
3 another person.
4 (2) An officer charged with the enforcement of laws relating
5 to hunting shall make arrests for violations of other laws if the
6 violations are committed by a person licensed as a hunter under
7 this act while the person is exercising his or her privileges
8 under the license.
9 (3) This section shall not be construed to prohibit any of
10 the following:
1 1 (a) The trapping of fur-bearing animals as provided in this
12 act o
13 (b) The carrying and using of a .22 caliber rimfire rifle or
14 .22 caliber rimfire pistol to kill raccoon while hunting-with
15 dogs between the hours of 7 p.m. and 6 a.m. during the firearm
16 deer season.
17 (4) The commission may promulgate rules governing the
18 taking, and the manner of taking, of migratory game birds, wild
19 turkeys, and crows and establishing areas and quotas for taking
20 wild turkeys. In promulgating rules governing the taking of
21 migratory waterfowl, the commission may permit all of the
22 following:
23 (a) The possession of a loaded firearm in or upon a motor-
24 boat or sailboat in a manner that corresponds with the rules of
25 the United States fish and wildlife service governing the taking
26 of migratory game birds.
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1 (b) The use of a motorboat in a manner that corresponds with
2 the rules of the United States fish and wildlife service
3 governing the use of motorboats in the taking of migratory game
4 birds.
5 (5) The department may issue, without fee, a special permit
6 to a licensed hunter who, after investigation, is found to be a
7 paraplegic or an amputee who is unable to walk, or a permanently
8 disabled person who is otherwise unable to walk, authorizing that
9 person to hunt upland game, including deer of either sex, from a
10 standing vehicle. A paraplegic or other disabled person issued a
1 1 special permit may possess a loaded firearm or strung bow in a
12 motor vehicle if the vehicle is motionless and the person is oth
13 erwise hunting in compliance with law. The person is subject to
14 all other laws and rules for the taking of game.
15 (6) The department may issue, without fee, a special permit
16 to a licensed hunter who, after investigation, is found to have
17 the full use of only 1 arm, to be a permanently disabled person,
18 and to be unable to hold, aim, and shoot a bow or compound bow.
19 The special permit shall authorize the person to hunt upland game
20 using a CROSSBOW OR A bow OR COMPOUND BOW which has been modified
21 so that the bow or compound bow may be held, aimed, and shot with
22 1 arm. -Before issuing the special permit,—the department—shall
23
24
25
26 approval to the modified-bow, and-the permit may- be—i-ssued. The
01852'87 H 4985 9
1 person to whom the special permit is issued shall be subject to
2 all. other laws and rules for the taking of game.
3 (7) The operator of a motor vehicle from which the rays of
4 an artificial light have been cast in an apparent attempt to
5 locate game immediately shall stop the vehicle upon the request
6 of a uniformed peace officer, or when signaled by a peace officer
7 with a flashing signal light or siren from an official patrol
8 vehicle. A person who fails to stop is guilty of a misdemeanor.
9 (8) The director may authorize by permit the use of artifi
10 cial lights for conducting game census. Artificial lights, simi
1 1 lar to the type ordinarily carried in the hand or on the person,
12 may be used during September 1 to March 31 by a hunter in posses
13 sion of an unloaded gun while following dogs and at the point of
14 kill for the purpose of taking raccoons, if treed during their
15 open seasons; oppossums, skunks, and foxes, while hunting on foot
16 with the aid of dogs; and foxes with the aid of a game or preda
17 tor call.
18 (9) A person who violates this section is subject to the
19 penalties prescribed in chapters IV and V, except as otherwise
20 provided in this section.
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