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Page 1 of 4 Bill Analysis @ DEER POACHING; REC. TRESPASS S.B. 171 & 172: ANALYSIS AS REPORTED FROM COMMITTEE Senate Bills 171 and 172 (as reported without amendment) Sponsor: Senator Phil Pavlov (S.B. 171) Senator Tom Casperson (S.B. 172) Committee: Outdoor Recreation and Tourism Date Completed: 3-13-13 RATIONALE Several parts of the Natural Resources and fine is adequate to punish offenders who Environmental Protection Act regulate the commit hunting violations on private taking of game in the State, provide for the property, or to deter would-be violators. protection of threatened and endangered animals, and prescribe criminal, civil, and CONTENT administrative penalties for violations. The potential sanctions include payment of Senate Bill 171 would amend Part 401 restitution to the State for an animal that is (Wildlife Conservation) of the Natural illegally killed, possessed, purchased, or Resources and Environmental sold. The amount of restitution ranges from Protection Act to do the following: $100 to $1,500 per animal, depending on the type. For a deer, the restitution value is -- Require a person to pay restitution $1,000. The sanctions also include a to the State for illegally killing, prohibition against the offender's possession possessing, purchasing, or selling an of a hunting license for three years. Some antlered white-tailed deer with a people believe that the restitution amount gross score of more than 100 inches, and the license sanction do not adequately based on antler measurements, in penalize people who illegally take a large addition to the restitution that antlered deer, or a "big buck", which can be currently must be paid for illegally particularly attractive to poachers, or taken deer. provide an adequate deterrent. For these -- Increase the hunting license violations, it has been suggested that the prohibition period for illegally State should require an additional amount of killing, possessing, purchasing, or restitution, which would increase as the size selling wildlife, if the violation of the animal increased, as well as a longer involved an antlered white-tailed license prohibition period. deer with a gross score of more than 100 inches. Another issue related to poaching involves recreational trespass. This occurs when a Senate Bill 172 would amend Part 731 person goes onto someone else's property to (Recreational Trespass) of the Act to engage in a recreational activity, including increase the amount of damages that a hunting, without the owner's permission. property owner may recover in an The Act allows the landowner to bring an action against a recreational trespasser, action and recover up to $250 or actual and increase the fine that may be damages, whichever is greater, from the imposed on a person convicted of violator. The Act also prescribes a violating Part 731. misdemeanor penalty for someone convicted of recreational trespass. Again, some The bills are tie-barred to each other. people believe that neither the maximum amount of civil damages nor the criminal Page 1 of 4 Bill Analysis @ www.senate.michigan.gov/sfa SB171&172/1314 Senate Bill 171 selling an antlered white-tailed deer with a gross score of more than 100 inches could Restitution not secure or possess a hunting license of any kind for an additional two calendar The Act prescribes penalties for a violation years for a first offense, and an additional of Parts 401 and 365 (Endangered Species seven years for a second or subsequent Protection). In addition to these penalties, offense, after the initial license prohibition an individual convicted of illegally killing, period. possessing, purchasing, or selling game or a protected animal must reimburse the State Senate Bill 172 for its value as set forth in Part 401. For deer, the specified reimbursement rate is Part 731 prohibits a person from entering or $1,000 per animal. remaining upon another person's property, other than farm property or a wooded area Under the bill, in addition to the established connected to farm property, to engage in restitution value for deer, an individual any recreational activity or trapping without convicted of illegally killing, possessing, the owner's consent, if the property is purchasing, or selling an antlered white- fenced or enclosed and is maintained in a tailed deer with a gross score of more than manner intended to exclude intruders; or is 100 inches also would have to pay a posted in a conspicuous manner against restitution value that was equal to [(gross entry. A person may not enter or remain score-100)2 x $1.65]. upon farm property or a connected wooded area for a recreational activity or trapping "Gross score" would mean the number without the owner's consent whether or not derived by calculating the measurements of the property or wooded area is fenced, the antlers of a white-tailed deer. The bill enclosed, or posted. Part 731 also prohibits prescribes procedures for taking the a person from discharging a firearm within measurements, and states that the the right-of-way of a public highway measurements could be taken at any time. adjoining or abutting any platted property, fenced, enclosed, or posted property, or Part 401 contains provisions regarding farm property or a connected wooded area, payment and collection of the restitution without the abutting property owner's value for illegally killing, possessing, consent. In addition, a person may not purchasing, or selling game or protected remove, deface, or destroy a sign or poster animals, and requires the restitution that has been posted against entry. collected to be deposited in the Game and Fish Protection Fund. Under the bill, these The owner of property on which a violation provisions also would apply with respect to of Part 731 is committed, or his or her the additional restitution for an antlered lessee, may bring an action against the white-tailed deer with a gross score of more violator for $250 or actual property damage, than 100 inches. whichever is greater, and actual and reasonable attorney fees. The bill would License Prohibition increase the amount to the greater of $750 or actual property damage, as well as Under Part 401, a person is guilty of a attorney fees. misdemeanor punishable by imprisonment and/or a fine, plus the costs of prosecution, An individual who violates Part 731 is guilty for the illegal possession or taking of deer, of a misdemeanor punishable by bear, wild turkey, wolf, elk, moose, or a imprisonment for up to 90 days and/or a designated protected animal, or the illegal fine of at least $100 but not more than purchase or sale of game or a protected $500. The bill would increase the minimum animal. In addition, the violator may not and maximum fine amounts to $250 and secure or possess a hunting license of any $750, respectively. kind during the remainder of the year in which he or she is convicted and the next The penalty for a second or subsequent three calendar years. violation of Part 731 within three years of a previous violation is imprisonment for up to Under the bill, an individual convicted of 90 days and/or a fine of at least $100 but illegally killing, possessing, purchasing, or not more than $1,000. In addition, if the Page 2 of 4 Bill Analysis @ www.senate.michigan.gov/sfa SB171&172/1314 violator is licensed to hunt, fish, or trap in inches, with the restitution amount Michigan, the court may order the person's increasing according to the size of the score. license revoked. The court also may order For example, the restitution would be $660 the person not to seek or possess a license for a deer with a gross score of 120; $1,485 for up to three years. The bill would for a deer with a gross score of 130; and increase the minimum fine to $500 and the $2,640 for a deer with a gross score of 140. maximum fine to $1,500. These amounts would be on top of the $1,000 in restitution required under current MCL 324.40119 (S.B. 171) law. 324.73109 & 324.73110 (S.B. 172) The scoring method described in the bill ARGUMENTS reflects the Boone and Crockett system, which is very precise and well respected. (Please note: The arguments contained in this This method measures key antler analysis originate from sources outside the Senate parameters, based on mass, beam length, Fiscal Agency. The Senate Fiscal Agency neither tine length, and inside spread. Although the supports nor opposes legislation.) system also applies deductions for Supporting Argument asymmetry, the "gross score" reflects the In addition to contributing millions of dollars score without deductions. For purposes of to the State and local economies, hunting is the bill, the amount of the additional important to many people on a personal restitution would be based strictly on the level. For some individuals and families, the size of the deer, and could be quite opening day of the firearm deer season is as significant for a very large animal. traditional as Thanksgiving, and hunting gives residents and nonresidents an The bill also would deter poaching by opportunity to enjoy the State's natural providing for additional periods of time beauty. Venison is a mainstay of many during which a violator would be prohibited people's diets, and surplus deer can be from obtaining a hunting license of any kind. donated to food banks. When people poach Including the three-year period under deer, they are literally stealing the State's current law, a first-time violator would be natural resources, and depriving others of prevented from hunting for five years, and a the opportunity to experience a legitimate second or subsequent offender could not get hunt.
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