THE WILDLIFE CONSERVATION ORDER
Chapter I -- Title and Definitions
1.1 Short title.
Sec. 1.1. This order shall be known and may be cited as "the wildlife conservation order."
History: Eff.
1.2 Meanings of words and phrases.
Sec. 1.2. For the purpose of this order, the words and phrases defined in part 3, definitions, Act No. 451 of the Public Acts of 1994, as amended, being section 324.301 of the Michigan Compiled Laws, part 401, wildlife conservation, Act No. 451 of the Public Acts of 1994, as amended, being sections 324.40101 to 324.40119 of the Michigan Compiled Laws, and part 435, hunting and fishing licenses, Act No. 451 of the Public Acts of 1994, as amended, being sections 324.43501 to 324.43561 of the Michigan Compiled Laws, and in sections 1.2a to 1.12c of this order shall have the meanings ascribed to them in those sections.
History: Eff. Mar. 31, 1989; Am. 3, 1997, Eff. June 1, 1997; Am. 10, 2001, Eff. July 1, 2001; Am. 8, 2002, Eff. June 8, 2002.
1.2a Immediate family and immediate family member defined.
Sec. 1.2a. "Immediate family" or "immediate family member" means the grandparents, parents, spouse, brothers, sisters, children and grandchildren of a person and also includes such adopted relationships, such parent-child and sibling relationships resulting from remarriage, and any minor children residing in the household of the person.
History: Am. 2, 1993, Eff.
1.2b Migratory game bird defined.
Sec. 1.2b. "Migratory game bird" means a bird as defined by 50 C.F.R. §20.11 (1988).
History: Am. 2, 1993, Eff.
1.2c Raptor defined.
Sec. 1.2c. “Raptor” means a live migratory bird of the family Accipitridae other than a bald eagle, or of the family Falconidae, or the great horned owl (Bubo virginianus) or snowy owl (Nyctea scandiaca) of the family Strigidae.
History: Am. 1, 1997, Eff. May. 1, 1997.
1.3 Zone 1 defined.
Sec. 1.3. "Zone 1" means all of the
History: Eff.
1.4 Zone 2 defined.
Sec. 1.4. "Zone 2" means all of that part of the Lower Peninsula north of a line beginning at the Michigan-Wisconsin boundary line due west of the lake Michigan shoreline which is north of Muskegon lake and due west of the western terminus of Memorial drive at Scenic drive in Muskegon county, then easterly to said western terminus of Memorial drive at Scenic drive, easterly on Memorial drive to Ruddiman drive, northeasterly on Ruddiman drive to Lake avenue, northeasterly on Lake avenue to highway M-120 (also known as Holton road) in North Muskegon, northeasterly and then northerly on highway M-120 to highway M-20, easterly on highway M-20 to highway business route US-10 in the city of Midland, easterly on combined highway M-20 and highway business route US‑10 to highway US-10 at the Midland-Bay county line, easterly on highway US-10 to Garfield road in Bay county, northerly on Garfield road to Pinconning road, easterly on Pinconning road to Seven mile road, northerly on Seven mile road to the Bay-Arenac county line (where Seven mile road changes name to Lincoln school road), northerly on Lincoln school road (also known as county road 25) in Arenac county to highway M-61, easterly on highway M-61 to highway US-23, northeasterly then easterly on highway US-23 to the center line of the Au Gres river, southerly along the center line of the Au Gres river to Saginaw bay of lake Huron, easterly 90° east for 7 miles into Saginaw bay, then northerly 78° east (dividing Arenac county islands from Huron county islands) to the international boundary line between the United States and the dominion of Canada.
History: Eff.
1.5 Zone 3 defined.
Sec. 1.5. "Zone 3" means all that part of the
History: Eff.
1.6 Shotgun, handgun, black-powder firearms only area defined.
Sec. 1.6. "Shotgun, handgun, black-powder firearms only area" means that 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; then east to M-46 and east along M-46 to its junction with freeway US-131; then south along freeway US-131 to M-57; then east along M-57 to its intersection with Montcalm road on the Kent-Montcalm county line; then south along that county line and the Ionia-Kent county line to its intersection with M-44; then east along M-44 to its intersection with M-66; then north along M-66 to its intersection with M-57; then east along M-57 to its intersection with M-52; then north along M-52 to its intersection with M-46; then east along M-46 to its intersection with M-47; then north along M-47 to its junction with US-10; then east along US-10 to its junction with I-75; then north along I-75 and US-23 to its junction with Beaver road, Kawkawlin township, Bay county; then east along Beaver road to Saginaw bay; then north 50o east to the international boundary with Canada.
History: Am. 1, 2002, Eff.
1.6a "Advanced illness" defined.
Sec. 1.6a. "Advanced illness" means a medical or surgical condition with significant functional impairment that is not reversible by curative therapies and that is anticipated to progress toward death despite attempts at curative therapies or modulation, the time course of which may or may not be determinable through medical prognostication.
History: Am. 1, 2002, Eff.
1.7 Waterfowl hunting north zone defined.
Sec. 1.7. "Waterfowl hunting north zone" or
"north zone" means all of the
History: Eff.
1.8 Waterfowl hunting middle zone defined.
Sec. 1.8. "Waterfowl hunting middle zone" or "middle zone" means that area of the Lower Peninsula north of a line beginning at the Michigan-Wisconsin boundary line in Lake Michigan, due west of the mouth of Stoney creek in section 31, T14N R18W, Oceana county, then easterly and southerly along the south shore of Stoney creek to Scenic drive, easterly and southerly on Scenic drive to Stoney lake road in section 5, T13N R18W, Oceana county, easterly on Stoney lake and Garfield roads to highway M-20 (Hayes road) in section 33, T14N R17W, Oceana county, easterly on highway M-20 through Oceana, Newaygo, Mecosta, Isabella, and Midland counties to highway US-10 business route in the city of Midland, easterly on highway US-10 business route to highway US-10 at the Bay county line, easterly on highway US-10 to highway I-75/US-23, northerly on highway I-75/US-23 to the highway US-23 exit at Standish, easterly on highway US-23 to the center line of the Au Gres river, southerly along the center line of the Au Gres river to Saginaw bay of lake Huron, and from that point on a line directly east 10 miles into Saginaw bay, and from that point on a line directly northeast to the international boundary with Canada in Lake Huron.
History: Eff. Mar. 31, 1989; Am. 14, 1996, Eff. Sept. 1, 1996; Am. 6, 1997, Eff. Sept. 1, 1997; Am. 13, 2001, Eff. Sept. 1, 2001.
1.9 Waterfowl hunting south zone defined.
Sec. 1.9. "Waterfowl hunting south zone" or
"south zone" means all of that area of the
History: Eff.
1.10 Antlered deer defined.
Sec. 1.10. “Antlered deer” means a deer having at least 1 antler that extends 3 inches or more above the skull. For the purposes of determining if an antler extends 3 or more inches above the skull, the measurement shall be taken on the longest antler beginning at the line where the antler and pedicel join, along the back of the antler, following the curve, if any, to the tip of the longest antler point. For the purposes of this section, "pedicel" means the bone of the skull to which the antler is attached.
History: Am. 15,
1998, Eff.
1.11 Antlerless deer defined.
Sec. 1.11. “Antlerless deer” means a deer without antlers or a deer with antlers where the longest antler extends less than 3 inches above the skull.
History: Am. 15,
1998, Eff.
1.12a Crossbow defined.
Sec. 1.12a. "Crossbow" means a weapon consisting of a bow mounted transversely on a stock or frame and designed to fire an arrow, bolt, or quarrel by the release of a bow string which is controlled by a mechanical or electric trigger and has a working safety and a draw weight of 100 pounds or greater.
History: Am. 10, 2001, Eff.
1.12b Physical therapist defined.
Sec. 1.12b. "Physical therapist" means a person licensed to engage in the practice of physical therapy under article 15 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.16101 to 333.18838 of the Michigan Compiled Laws.
History: Am. 10, 2001, Eff.
1.12c Physician defined.
Sec 1.12c "Physician" means a person licensed by the state to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, Act No. 368 of the Public Acts of 1978.
History: Am. 10, 2001, Eff.
Chapter II -- General Hunting and Trapping Regulations
2.1 Taking of animals; prohibited
methods, devices, and weapons; exceptions.
Sec. 2.1. Unless otherwise specified in this order, a
person shall not do any of the following:
(1) Make use of a pit, pitfall, deadfall, scaffold,
raised platform, tree, cage, snare, trap, net, baited hook, or similar device,
or a drug, poison, anti-coagulant, smoke, gas, explosive, weasel, ferret,
fitchew, crossbow, arbalest, spear, or mechanical device, for the purpose of
taking an animal or driving an animal out of their hole or home. For the purpose
of this order, a mechanical device shall not be construed to mean a firearm,
slingshot, or bow and arrow. When used in this order, "raised
platform" means a horizontal surface constructed or manufactured by a
person that increases the field of vision of a person using the horizontal
surface beyond the field of vision that would normally be attained by that
person standing on the ground.
(2) Use in taking an animal, or have in the person's
possession in an area frequented by animals, a semiautomatic shotgun or rifle
other than .22 caliber rimfire, capable of holding more than six shells at one
time in the magazine and barrel combined, or use a cartridge containing a
tracer bullet, or a cartridge containing an explosive bullet, or a firearm
capable of firing more than one shot with a single pull or activation of the
trigger.
(3) During the five days immediately preceding
November 15, transport or possess in an area frequented by deer a rifle or
shotgun with buckshot, slug load, ball load, or cut shell. A person may
transport a rifle or shotgun to or from a hunting camp if the rifle or shotgun
is unloaded and securely encased or carried in the trunk of a vehicle. This
section shall not prohibit a resident who holds a fur harvester's license from
carrying a rimfire firearm .22 caliber or smaller while hunting or checking a
trap line during the open season for hunting or trapping fur‑bearing
animals.
(4) Use in hunting, or, subject to section 43510,
subsections (2) and (3), of Part 435, as amended, hunting and fishing
licensing, MCL 324.43510, possess afield in an area inhabited by wild birds and
animals within the "shotgun, handgun, black-powder firearms only
area" from November 15 to November 30, or use to take a deer during any
firearm deer season in the "shotgun, handgun, black-powder firearms only
area," a firearm other than:
(a) A shotgun with a smooth or rifled barrel.
(b) A .35 caliber or larger pistol capable of holding
no more than nine shells at one time in the barrel and magazine combined and
loaded with straight-walled cartridges.
(c) A muzzle-loading rifle or black-powder pistol
loaded with black-powder or a commercially manufactured black-powder
substitute.
(5) Injure, destroy, or rob the eggs of birds
protected by the laws of this state or this order, or molest, harass, or annoy
those birds upon their nests.
(6) Possess or use an apparatus known as a silencer on
a gun while hunting in this state.
(7) Make use of a sink box or battery as these devices
are defined by the
(8) Set afire or assist in setting afire a marshland
or other lands for the purpose of driving out wild birds or wild animals, or
take or attempt to take a wild bird or wild animal so driven out of a marshland
or other land.
(9) Take any animal at any time other than during the
hunting hours and open seasons established in this order except as may
otherwise be provided in chapter VI.
(10) Take in 1 day more than the daily limit, or
possess at one time more than the possession limit, or possess on the first day
of the open season more than the daily limit, or possess more than the season
limit of any animal.
(11) Destroy, disturb, or molest at any time any bear,
beaver, muskrat, raccoon, squirrel, mink, badger, or rabbit house, hole, burrow,
nest, dam, or den which may be used by such animals.
(12) Make use of a dog in hunting deer except that a
dog may be used to locate a down and mortally wounded deer if the dog is kept
on a leash and, subject to section 43510, subsections (2) and (3), of Part 435,
as amended, hunting and fishing licensing, MCL 324.43510, none of the persons
in attendance possess a firearm or bow and arrow. If the tracking is done at
night, artificial lights ordinarily carried in the hand may be used. A dog that
barks while tracking the deer shall not be used on public lands.
(13) Affix any device to a bow, which aids in the
cocking or holding of a bow string in a drawn position. This subsection shall
not prohibit the use of a hand-held device to release the bow string. This
subsection shall not apply to a permanently disabled person who holds a special
permit provided for in part 401, wildlife conservation, of the natural
resources and environmental protection act, Act No. 451 of the Public Acts of
1994, being sections 324.40101 to 324.40119 of the Michigan Compiled Laws, or
this order.
(14) Use aircraft to aid in the taking of a wild bird
or wild animal.
(15) Take game with a crossbow, except deer
during the November 15 to November 30 firearm deer season by hunters age 12 or
older, unless they have been issued a crossbow permit pursuant to section 5.95.
History: Eff. Mar. 31, 1989; Am. 20, 1989, Eff. Sept. 1, 1989; Am. 2, 1993, Eff. Sept. 1, 1993; Am. 13, 1993, Eff. Sept. 1, 1993; Am. 19, 1993, Eff. Sept. 10, 1993; Am. 6, 1995, Eff. Sept. 1, 1995; Am. 6, 1998, Eff. May 15, 1998; Am. 11, 2000, Eff. Sept. 1, 2000; Am. 2, 2001, Eff. Mar. 1, 2001; Am. 10, 2001, Eff. July 1, 2001; Am. 8, 2002, Eff. June 8, 2002; Am. 2, 2003, Eff. Apr. 12, 2003; Am. 2, 2005, Eff. Mar. 11, 2005; Am. 16, 2006, Eff. Aug. 11, 2006.
2.2 Open seasons and closed seasons, inclusive dates.
Sec. 2.2. The open season dates and closed season dates stipulated in this order are inclusive.
History: Eff.
2.3 Permitted acts; trapping; use of rimfire firearm .22
caliber or smaller; American Indians on reservations.
Sec. 2.3. This order shall not be construed to prohibit
any of the following:
(1) The trapping of fur-bearing animals as provided in
this order.
(2) The carrying and using of a rimfire firearm .22
caliber or smaller to kill raccoon while hunting with dogs between the hours of
(3) The enjoyment by American Indians living on a
reservation of the privileges bestowed upon them by federal law or treaties.
History: Eff.
2.4 Permissible use of artificial lights.
Sec. 2.4. (1) Artificial lights, similar to the type
ordinarily held in the hand or on the person, may be used from September 15 to
March 31 by a person traveling afoot with a bow and arrow, a rimfire firearm
.22 caliber or smaller or shotgun with loads other than buckshot, slug or cut
shell, however, subject to section 43510, subsections (2) and (3), of Part 435,
as amended, hunting and fishing licensing, MCL 324.43510, the person shall not
possess a loaded firearm or bow with a nocked arrow except when one or more of
the following conditions apply:
(a) The person is following dogs and is at the point of
kill for taking a treed raccoon during the open season for taking raccoon by
hunting.
(b) The person is following dogs and is at the point of
kill for taking opossum during the open season for taking opossum by hunting.
(c) The person is taking coyote or fox with the aid of a
game or predator call during the open season for taking fox by hunting.
(2) Persons not possessing a bow or firearm while
traveling afoot may use lights as defined in subsection (1) during dog training
or field dog trials to follow dogs chasing raccoon, opossum, or fox.
History: Eff. Mar. 31, 1989; Am. 20, 1989, Eff. Sept. 1, 1989; Am. 2, 1990, Eff. Feb. 19, 1990; Am. 12, 2000, Eff. Sept. 1, 2000; Am. 2, 2003, Eff. Apr. 12, 2003; Am. 2, 2005, Eff. Mar. 11, 2005.
2.4a Permissible use of a crossbow and laser sighting
device by blind person during lawful hunting hours, conditions for use.
Sec. 2.4a. A blind person, as defined by section 1 of Act No.
260 of the Public Acts of 1978, being section 393.351 of the Michigan Compiled
Laws, may use a laser sighting device in conjunction with a crossbow or a
firearm to take an animal during the lawful hunting hours for that animal if
all of the following conditions are met while the person is taking an animal:
(1) The person is accompanied and assisted by a sighted
person. The sighted person must be at least 18 years of age and be in
possession of a hunting license other than an apprentice license issued by this
state, another state, a province of Canada, or another country or a certificate
of completion of training in hunter safety issued by this state, another state,
a province of Canada, or another country, and shall furnish such proof upon the
request of a peace officer.
(2) The person possesses proof of blindness in the form of an
identification card issued under the authority of section 1 of Act No. 222 of
the Public Acts of 1972, being section 28.292 of the Michigan Compiled Laws,
and furnishes the proof of blindness upon the request of a peace officer.
(3) The department may issue a permit to a person who is
permanently disabled to use a laser sighting device in conjunction with a
crossbow or a firearm to take an animal during lawful hunting hours for that
animal if the permittee is accompanied by another person at least 18 years of
age who is licensed to hunt that game under a license other than an apprentice
license.
History: Am. 3,
1997, Eff.
2.5 Hunting hours, exceptions; prohibited activities.
Sec. 2.5. (1) Except for the trapping of animals and as otherwise specified in this section, the hunting hours shall substantially conform to one-half hour before sunrise to one-half hour after sunset and shall be those starting times and ending times published in the Michigan hunting and trapping guide or in the respective state hunting guide for that animal.
(2) In addition to the daylight hunting hours specified in subsection (1) and during those dates specified for the use of artificial lights in sections 2.4 and 3.605, a person traveling afoot at night and in possession of only a bow and arrow, a rimfire firearm .22 caliber or smaller or shotgun with loads other than buckshot, slug or cut shell may take within their specified open seasons raccoon, opossum, and fox with the aid of dogs; and fox and coyote, during the season open to the taking of fox, with the aid of a game or predator call. Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, a person hunting these species during the nighttime hunting hours shall not possess a loaded firearm or bow with a nocked arrow except when one or more of the following conditions apply:
(a) The person is following dogs and is at the point of kill for taking a treed raccoon during the open season for taking raccoon by hunting.
(b) The person is following dogs and is at the point of kill for taking opossum during the open season for taking opossum by hunting.
(c) The person is taking coyote or fox with the aid of a game or predator call during the open season for taking fox by hunting.
(3) Except for
woodcock, crow and mourning doves, the hunting and hawking hours for all
waterfowl and migratory birds shall be as listed in the state waterfowl hunting
guide. The hunting hours for woodcock shall substantially conform to sunrise to
sunset and shall be as published in the
(4) The hunting hours for wild turkey during the spring season shall substantially conform to one-half hour before sunrise to one-half hour before sunset, and shall be those starting times and ending times published in the state hunting guide for wild turkey.
(5) Subject to section 43510, subsections (2) and (3),
of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, except
during the hunting hours specified in this section and as otherwise provided by
subsection (2), a person shall not possess afield a firearm unless it is
unloaded in the barrel, or a bow and arrow unless all arrows are placed in a
quiver. A person may, to comply with section 4.1(2), kill a down and mortally
wounded deer, bear, or elk using an otherwise legal means and may possess a
loaded firearm or bow with nocked arrow only at the time and at the point of
kill. Notwithstanding any other provision of this subsection, a person hunting
under the authority of a wild turkey license during the spring wild turkey
season may load and carry a loaded firearm afield while going to their hunting
stand up to one hour prior to the spring wild turkey hunting hours.
History: Am. 13, 1993, Eff. Sept. 1, 1993; Am. 9, 1995, Eff. Jan. 1, 1996; Am. 1, 1998, Eff May 15, 1998; Am. 10, 1998, Eff. June 15, 1998; Am. 19, 2004, Eff. Dec. 10, 2004; Am. 2, 2005, Eff. Mar. 11, 2005; Am. 4, 2008, Eff. Apr. 11, 2008.
2.6 Repealed. Am. 11, 1996, Eff.
Publisher’s Note: The repealed section pertained to Hunter access leases on private lands; fees, special situations; additional fees for certain lands, exceptions.
2.7 Permissible use of dogs.
Sec. 2.7. A person may hunt with dogs, or break, train, or practice a dog upon, or permit a dog to chase or take an animal only as provided in chapter VI, chapter XIV, chapter XV, or as otherwise permitted by law.
History Note: Am. 2, 1990, Eff.
2.8 Hunt with bow and arrow from
scaffold, raised platform, or tree allowed; taking deer or bear with firearm
from scaffold, raised platform or tree allowed; use of scaffold, platform,
ladder, steps or certain other devices in taking an animal on publicly owned
lands, exception.
Sec. 2.8. A person may hunt with a bow and arrow from a
scaffold, raised platform, or tree. A person taking deer or bear with a firearm
may use a scaffold, raised platform, or tree. A person taking fox or coyote
with a firearm one-half hour before sunrise to one-half hour after sunset may
use a scaffold, raised platform, or tree, pursuant to all other hunting
regulations. In taking an animal, a
person shall not do any of the following on publicly owned lands:
(1) Permanently construct or affix to a tree or other
natural feature a scaffold, platform, ladder, steps or any other device to
assist in climbing a tree, or use any item that penetrates the cambium of a
tree in the construction or affixing of any device to assist in climbing a
tree.
(2) Use or occupy a scaffold, raised platform, ladder,
or step that has been permanently affixed or attached to any tree or other
natural feature.
(3) Nothing in this section shall prohibit a scaffold or
platform temporarily affixed to a tree by use of a T-bolt or similar device
supplied by the manufacturer at the time the scaffold or platform was
purchased.
(4) Use or occupy a scaffold or raised platform without
having first etched, engraved, implanted, burned, printed, or painted on the
scaffold or raised platform, the name and address of the user in legible
English easily read from the ground.
(5) Use, occupy, or place a scaffold, raised platform,
ladder, steps, or any other device to assist in climbing a tree if the
scaffold, raised platform, ladder, steps, or other device is on public lands
earlier than September 1 of each year or is not removed by March 1.
History Note: Am.
13, 1993, Eff.
2.9 “Ground blind” defined; requirements to use,
occupy, place, build, construct, or maintain a ground blind on publicly owned
lands; use or placement of blind does not convey exclusive hunting right.
Sec. 2.9. (1) For the purposes of this section, “ground
blind” means a structure, enclosure, or any material, natural or manufactured,
placed on the ground to elevate or otherwise assist in concealing or disguising
the user or occupant for the purpose of taking an animal except for
commercially manufactured ladder stands which lean up against and require the
support of a tree to maintain their upright position.
(2) A person may use, occupy, place, build, construct,
or maintain a ground blind on publicly owned lands only if one of the following
applies:
(a) The ground blind is constructed exclusively of dead
and natural materials found on the ground in the area where the blind is
constructed, except that cloth, netting, plastic or other materials may be used
by the occupant of a ground blind if the cloth, netting, plastic or other
materials are not fastened to the blind and are carried out by the user at the
end of each day’s hunt. For the purposes of this section, “fastened” means stapled,
nailed, glued, or other means of permanent attachment other than tying.
(b) The ground blind is clearly a portable blind and is
removed at the end of each day's hunt. Fasteners, if used to attach or anchor a
portable blind, shall be removed at the end of each day’s hunt and shall not
consist of any item that penetrates the cambium of a tree.
(c) The ground blind is a temporary ground blind
constructed of materials other than dead and down materials found on the ground
in the area where the blind is constructed and which meets all of the following
conditions:
(i) The blind for deer hunting purposes is not located upon publicly owned lands from the day following the last day of the open deer season to November 5 unless allowed by the public agency administering the land on which the blind is located. A ground blind located on publicly owned lands anytime during the period defined in this subsection shall be considered an abandoned ground blind.
(ii) The blind for bear hunting purposes is not located
upon publicly owned lands from five days after bear season closes to August 10 in the Amasa, Baraga, Bergland, Carney, Gwinn,
and Newberry Bear Management Units; to August 17 in the Red Oak, Baldwin, and
Gladwin Bear Management Units; except successful bear hunters must remove their
ground blind within 5 days of harvesting a bear. A ground blind located on publicly owned
lands anytime during the period defined in this subsection shall be considered
an abandoned ground blind.
(iii) The name and address of the licensed bear hunter
in the Bear Management Unit where licensed, or, outside of the bear season, the
person placing the ground blind, is permanently attached, etched, engraved, or
painted on the ground blind.
(iv) Fasteners, if used to attach or anchor a temporary
ground blind, shall be removed with the blind and shall not consist of any item
that penetrates the cambium of a tree.
(3) This section shall not apply to blinds constructed
and used for taking waterfowl as described in section 3.401 or structures
constructed by a public agency upon lands administered by that public agency.
(4) The placement or use of a ground blind on publicly
owned lands shall in no way convey exclusive hunting rights to the area
surrounding that blind.
(5) A ground blind that does not meet the requirements
of subsection (2) shall be an illegal ground blind. A person shall not use an
illegal ground blind.
(6) Only ground blinds which meet the requirements of subsections (2)(a) or (2)(b) may be used in state game areas, state recreation areas and state parks that are located in zone 3.
History: Am. 9, 1995, Eff. Jan. 1, 1996; Am. 4, 1996, Eff. June 6, 1996; Am. 3, 1997, Eff. June 1, 1997; Am. 1, 1998, Eff. May 15, 1998; Am. 10, 1998, Eff. June 15, 1998; Am. 11, 2005, Eff. June 3, 2005.
2.10 Handicapped person defined; handicapped persons use of temporary blinds on publicly owned lands, conditions for use; exception for a person assisting a handicapped person.
Sec. 2.10. For the purposes of this section, a handicapped person shall mean a person issued a permit to hunt from a standing vehicle under the authority of section 40114 of part 401, wildlife conservation, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.40114 of the Michigan Compiled Laws, a person issued a handicapped permit by the department of state which entitles that person to the privileges bestowed by section 675 of Act No. 300 of the Public Acts of 1949, being section 257.675 of the Michigan Compiled Laws, or a handicapped person as defined by section 81101 of part 811, off-road recreational vehicles, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.81101 of the Michigan Compiled Laws.
(1) Notwithstanding the provisions of section 2.9, a handicapped person may place, use, and occupy a temporary blind constructed of manufactured materials which is left overnight on publicly owned lands if all of the following conditions are met:
(a) The person has first etched, engraved, implanted, burned, printed, or painted on the blind the name and address of the person placing the blind on publicly owned lands in legible English. It shall be unlawful for a person to affix a fictitious name or address to a blind, or remove a name or address from a blind until after the blind is removed from publicly owned lands.
(b) The blind is a temporary blind which is manufactured for that purpose and is placed no earlier than 10 days prior to the open hunting season for which it is used and removed at the end of the season for which it is used.
(c) The blind is not affixed or attached to any tree or other natural feature using nails, screws, bolts, lag screws, wire, rope, or any other device or fastener made by a person.
(2) A person who is not a handicapped person may assist a handicapped person in placing or removing a lawful blind on publicly owned land.
History: Am. 9,
1995, Eff.
2.11 "Fence" and "passages" defined; certain fence construction shall constitute a taking or maintaining in captivity of deer, elk, bear and moose; temporary permits, permit and issuance requirements, fees; exceptions.
Sec. 2.11. (1) As used in this order, "fence" means a structure or combination of a structure and natural barrier which is sufficient to prohibit the natural movement of an animal. For the purposes of this order, except as provided by subsections (6) and (7), construction of a fence shall constitute a taking or the maintaining in captivity of wild, free-ranging deer, elk, bear, or moose if the structure is constructed in an area frequented by wild, free-ranging deer, elk, bear, or moose and if 1 or more of the following conditions apply:
(a) The constructed structure is greater than 52 inches in height above the adjacent grade anywhere along its length and the total length of the constructed structure is more than ¼ mile and does not contain passages constructed in such a manner as to ensure the passage of wild, free ranging deer, elk, bear, or moose.
(b) The constructed structure is greater than 52 inches in height above the adjacent grade anywhere along its length and the combination of the constructed structure length and natural barrier length is more than ¼ mile in length and does not contain within the length of the constructed structure passages constructed in such a manner as to ensure the passage of wild, free ranging deer, elk, bear, or moose.
(c) The proposed fence would enclose deer, elk, bear, or moose and the person constructing or causing the construction of the fence did not obtain a permit prior to construction of the fence from the department for the temporary enclosing of animals or did not comply with the conditions of the temporary enclosing permit including the removal or flushing of deer, elk, bear, or moose or the payment of fees as directed by the permit. An application for a permit to temporarily enclose deer, elk, bear, or moose shall not be considered unless the applicant includes a proposed method and timetable for the removing or flushing the deer, elk, bear, or moose and the proposed method and timetable of removing or flushing the deer, elk, bear, or moose is approved by the department. If approved by the department, a permit shall be issued by the wildlife permit specialist.
(2) As used in this order, "passage" means a space, opening, or fence 52 inches or less in height constructed in a manner to ensure the passage of wild, free-ranging deer, elk, bear, or moose. For a passage to be constructed in a manner to ensure the movement of wild, free ranging deer, elk, bear, or moose, all of the following shall apply:
(a) Passages shall be at least 40 feet wide and shall be spaced no more than 660 feet from the next passage.
(b) Fence corners shall have passages extending at least 20 feet in each direction.
(3) A person shall not construct, obstruct, or place passages in a manner to inhibit the movement of wild, free-ranging deer, elk, bear, or moose.
(a) A person violates this section when the person does any of the following:
(i) Constructs passages in a place where the terrain or other natural features would inhibit passage use by wild, free-ranging deer, elk, bear, or moose.
(ii) Physically constructs passages in a manner that inhibits passage use by wild, free-ranging deer, elk, bear, or moose.
(iii) Blocks passages with physical barriers or otherwise constructs or uses physical barriers to impede the movement of wild, free-ranging deer, elk, bear, or moose through passages.
(iv) Uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal behavior in order to hinder, impede, or prevent the movement of wild, free-ranging deer, elk, bear, or moose through passages.
(v) Erects barriers or uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal behavior in order to hinder, impede, or deny wild, free-ranging deer, elk, bear, or moose ingress or egress to areas where passages are located.
(vi) Engages in any other act or behavior for the purpose of violating this subsection.
(4) The department may provide a written variance from these requirements for passages if the variance is deemed beneficial to wildlife and consistent with the intent of this order. Passages shall be placed along known travel lanes used by deer, elk, bear, or moose whenever practicable. It is recommended that either a minimum space of 4 inches be provided between the bottom of the fence and the adjacent grade, or that the fencing material contains 6-inch by 6-inch openings at ground level, in order to provide for the movement of other wildlife.
(5) In issuing a permit for the temporary enclosing of animals, the department shall do all of the following:
(a) If a permit is issued for a fence which would enclose wild, free-ranging elk, bear, or moose, the permit shall require the flushing or removal of all elk, bear, and moose.
(b) If a permit is issued for a fence which would enclose deer, the approved flushing plan shall require the flushing or removal of as many deer as practical. Deer not flushed or otherwise removed from an enclosure shall be killed in a manner approved by the department.
(c) Include a statement to advise the applicant that additional local or state regulations may apply to the construction and placement of fences.
(d) Charge a fee of $45.00 for each permit issued. However, if any deer is killed pursuant to subdivision (b), the permit fee shall be $45.00 plus $250.00 for each deer killed.
(6) This section shall not apply to premises licensed under the provisions of part 427, breeders and dealers, of the natural resources and environmental protection act, Act 451 of the Public Acts of 1994, being sections 324.42701 to 324.42714 of the Michigan Compiled Laws, or premises registered as a cervidae livestock facility under the provisions of the privately owned cervidae producers marketing act, Act 190 of the Public Acts of 2000, being sections 287.951 to 287.969 of the Michigan Compiled Laws, or to an exclusion structure which does not kill, harm, capture, trap, or collect animals and which is constructed to:
(a) Deter or prevent damage by wild animals to private property, including but not limited to fences to protect livestock; poultry and other birds, including captive-reared game birds; farm crops; orchards; and gardens.
(b) Protect public safety, including but not limited to airport fencing, military fencing, and fencing to restrict access to dangerous or potentially dangerous areas.
(c) Provide any function and be constructed within the curtilage or within the incorporated limits of a city or village.
(d) Provide any type of industrial or commercial security function and be constructed within a recognized industrial or commercially zoned area.
(7) As provided by law for the taking of animals to prevent or control damage and when deemed advisable for public health or safety reasons, the wildlife division chief may issue a permit to allow the taking of deer, elk, bear, or moose by fence.
History: Am. 4,
2000, Eff.
Chapter III -- Species Regulations
3.1 Elk open season, hunt periods; season limit.
Sec. 3.1. (1) The open season for taking elk shall be
those days as specified below for the following hunt periods:
|
Hunt
Period |
Open
Season |
|
1 |
August
26 to August 29 and September 12 to September 16, in elk management unit “L.”
|
|
2 |
December
9 to December 16, in elk management units “A,” “B,” “C,” “D,” “E,” and “X.” |
|
3 |
A
total of five days beginning on the Wednesday closest to January 15 for four
days thereafter, only in elk
management unit(s) where additional harvest is deemed necessary to meet elk
management objectives. |
(2) The season limit shall be one elk per license.
History: Eff. Mar. 31, 1989; Am. 5, 1989, Eff. Sept. 1, 1989; Am. 7, 1990, Eff. Sept. 1, 1990; Am. 4, 1991, Eff. Sept. 1, 1991; Am. 5, 1992, Eff. July 1, 1992; Am. 7, 1993, Eff. Sept. 1, 1993; Am. 1, 1994, Eff. Sept. 1, 1994; Am. 2, 1995, Eff. Sept. 1, 1995.; Am. 7, 1996, Eff. Sept. 1, 1996; Am. 4, 1997, Eff. June 1, 1997; Am. 5, 1998, Eff. June 1, 1998; Am. 14, 1998, Eff. Sept. 10, 1998; Am. 5, 1999, Eff. Sept. 1, 1999: Am. 17, 1999, Eff. Dec. 9, 1999; Am. 6, 2000, Eff. Aug. 1, 2000; Am. 7, 2001, Eff. June 1, 2001; Am. 6, 2002, Eff. June 1, 2002; Am. 3, 2003, Eff. May 10, 2003; Am. 6, 2004, Eff. May 8, 2004; Am. 4, 2005, Eff. May 6, 2005; Am. 6, 2006, Eff. May 5, 2006; Am. 4, 2007, Eff. Apr. 13, 2007; Am. 4, 2008, Eff. Apr. 11, 2008.
3.2 Elk hunting firearms and bows, exceptions.
Sec. 3.2. Those firearms and bows legal for the taking
of deer in
History: Eff.
3.3 Repealed. Am. 5, 1989, Eff.
Publisher's note: The repealed section pertained to the October elk hunt, application, and selection procedures.
3.4 Elk hunt, application and selection procedures; requirements; unlawful acts; ineligible persons.
Sec. 3.4. (1) Only
(2) A person issued an elk license valid for taking a bull
elk for the 1994 license year through the 2003 license year shall be ineligible
to apply for, obtain, or purchase an elk hunting license for 10 license years
subsequent to receiving the license. A person issued an antlerless-only elk
license valid for taking an antlerless elk subsequent to the 2003 license year
shall be ineligible to apply for, obtain, or purchase an elk license for 10
license years subsequent to receiving the license. A person issued an elk
license valid for taking a bull elk on or after
(3) Eligible
residents wishing to participate in the hunting of elk must apply for a license
through the retail sales system in accordance with instructions provided by the
department. If more applications are received than the number of licenses to be
issued, a random weighted lottery will be held for the selection of successful
applicants. The director shall establish provisions for the transfer of
application success to a youth applicant or an applicant with an advanced
illness. Notwithstanding the successful applicant selection provisions of this
subsection, licensees shall be drawn by region of residence in the same
proportion as applications were received.
(4) Applicants shall indicate when making application
whether they are willing to harvest only a bull elk or whether they are willing
to harvest any elk. The drawing will first select the applicants who will be
licensed to take a bull elk. Then the antlerless-only elk licenses will be
drawn; any applicant drawn who has specified "bull only" on their
application will be rejected, and another applicant will be drawn.
(5) All successful applicants must participate in a
half-day training session the day before the hunt at a location to be
determined in the vicinity of the hunt units. Upon completion of this training,
each successful applicant will be issued their elk license along with other
pertinent information and materials.
History: Eff. Mar. 31, 1989; Am. 5, 1989, Eff. Sept. 1, 1989; Am. 5, 1992, Eff. July 1, 1992; Am. 1, 1994, Eff. Sept. 1, 1994; Am. 2, 1995, Eff. Sept. 1, 1995; Am. 4, 1997, Eff. June 1, 1997; Am. 5, 1998, Eff. June 1, 1998; Am. 10, 2003, Eff. Feb. 1, 2004; Am. 2, Eff. Mar. 8, 2004; Am. 16, 2006, Eff. Aug. 11, 2006; Am. 4, 2007, Apr. 13, 2007.
3.5 Elk hunting licenses, procedures; voiding of selection; transfer of drawing success; unlawful acts.
Sec. 3.5. (1) Within 2 weeks upon notification by mail of selection in the drawing, the successful applicant shall purchase an elk hunting license at any license agent within the state or shall transfer their success in the drawing to a qualified minor hunter or a hunter of any age with an advanced illness. Failure to comply with the purchase or transfer requirements of this subsection shall result in the voiding of the applicant's selection and selection of another person to receive an elk hunting license.
(2) It shall be unlawful for a person who transfers
their success in the elk lottery to a minor hunter or a hunter with an advanced
illness to assist the minor hunter or hunter with an advanced illness in any
manner in taking elk for a fee or other consideration or service of value,
either directly or indirectly.
(3) It shall be unlawful for a person to buy or sell
success in the elk license lottery, or an adult to acquire a license after
being unsuccessful in the lottery, unless the person has received from a
physician a written statement of advanced illness which shall be produced upon
the request of a peace officer.
History: Eff. Mar. 31, 1989; Am. 1, 1994, Eff. Sept. 1, 1994; Am. 2, 1995, Eff. Sept. 1, 1995; Am. 4, 1997, Eff. June 1, 1997; Am. 10, 2003, Eff. Feb. 1, 2004.
3.6 Elk hunting, requirements; unlawful acts.
Sec. 3.6. (1) The director shall issue a kill tag as
part of the elk hunting license. It shall be unlawful for any person to hunt
under the authority of an elk hunting license unless the licensee carries on
their person the unused kill tag issued with their elk license.
(2) (a)A person who kills an elk shall immediately
validate the kill tag by notching out the appropriate areas of the kill tag and
shall immediately attach the kill tag to the antler, lower jaw, or gambrel of
the elk in a secure and permanent manner.
(b) A person who kills an elk shall clearly mark the kill site and other locations as instructed at the half-day training session.
(3) Within 24 hours of killing an elk and before
removing any elk from the area open to elk hunting, a licensee shall take the
animal to the official checking station where a confirming seal or seals shall
be attached by the department and an examination will be made for such
biological or other information as may be desired. The carcass need not be
entire, but all parts must be readily identifiable and presented for sealing.
(4) Within 2 weeks of killing an elk, a licensee shall
take the head of the animal to a department management unit or field office for
submission to the department.
(5) It shall be unlawful to possess or transport an elk
or parts of an elk without a kill tag and confirming seal attached. A
confirming seal shall remain attached to the elk until the conditions in
section 3.103(2) are met. A person, corporation, or common carrier shall not
receive for transportation or have in possession at the initial billing station
the carcass or dead body of an elk more than 48 hours after the closing time
when the taking of elk is authorized by law.
(6) It shall be unlawful to take an elk over bait. For
the purposes of this section, "bait" means a substance composed of
grain, fruit, vegetables, or other food placed to lure or entice elk. This does
not apply to standing farm crops under normal agricultural practices or other
natural growing grains, fruits, or vegetables.
(7) It shall be unlawful for
a hunter with an antlerless-only license to take or possess an elk with
antlers. It shall be unlawful for a person to take more than 1 elk in an
elk hunting season.
History: Eff. Mar. 31, 1989; Am. 17, 1989, Eff. Sept. 1, 1989; Am. 7, 1990, Eff. Sept. 1, 1990; Am. 19, 1993, Eff. Sept. 10, 1993; Am. 1, 1994, Eff. Sept. 1, 1994; Am. 4, 1997, Eff. June 1, 1997; Am. 14, 1998, Eff. Sept. 10, 1998; Am. 17, 1999, Eff. Dec. 9, 1999; Am. 6, 2000, Eff. Aug. 1, 2000; Am. 4, 2007, Eff. Apr. 13, 2007.
3.7 Repealed. Am. 4, 1991, Eff.
Publisher's note: The repealed section pertained to October elk license quotas.
3.8 Elk license quota, hunters restricted to assigned
management unit, exception.
Sec. 3.8. (1) The license quotas for elk hunt period 1, as
specified in Section 3.1(1), shall be:
(a) Elk management unit L, 35 any elk licenses and 75
antlerless elk licenses.
(2) The license quotas for elk hunt period 2, as specified in
Section, 3.1(1) shall be:
(a) Elk management unit A, 18 any elk licenses and 40
antlerless elk licenses.
(b) Elk management unit B, 17 any elk licenses and 25
antlerless elk licenses.
(c) Elk management unit C, 5 any elk licenses and 10
antlerless elk licenses.
(d) Elk management unit D, 30 any elk licenses and 60
antlerless elk licenses.
(e) Elk management unit E, 5 any elk licenses and 10
antlerless elk licenses.
(3) The license quota for elk hunt period 3, as specified in
Section 3.1(1), shall be no more than 50. The director, in consultation with
and concurrence of the chair or vice chair of the natural resources commission,
may determine the number and type of license available and the elk management
units, as described in chapter XII, open during this season.
(4) An elk hunter shall hunt in their assigned
season and elk management unit except elk hunters assigned to hunt in elk
management units A, B, C, D, or E may hunt in elk management unit X.
History: Eff. Mar. 31, 1989; Am. 17, 1989, Eff. Sept. 1, 1989; Am. 7, 1990, Eff. Sept. 1, 1990; Am. 4, 1991, Eff. Sept. 1, 1991; Am. 5, 1992, Eff. July 1, 1992; Am. 7, 1993, Eff. Sept. 1, 1993; Am. 1, 1994, Eff. Sept. 1, 1994; Am. 2, 1995, Eff. Sept. 1, 1995; Am. 7, 1996, Eff. Sept. 1, 1996; Am. 4, 1997, Eff. June 1, 1997; Am. 5, 1998, Eff. June 1, 1998; Am. 14, 1998, Eff. Sept. 10, 1998; Am. 17, 1999, Eff. Dec. 9, 1999; Am. 6, 2000, Eff. Aug. 1, 2000; Am. 15, 2005, Eff. July 8, 2005; Am. 11, 2006, Eff. July 7, 2006; Am. 14, 2007, Eff. July 13, 2007; Am.. 4, 2008, Eff. Apr. 11, 2008.
3.9 Taking of elk marked with visible
ear tag identification.
(1) A department or
federal employee may kill an elk that bears visible ear tag identification, if
the animal is confirmed by a department or federal employee to have been
outside of the perimeter of a registered cervidae livestock operation for more
than 48 hours.
(2) Elk of either sex that bear visible ear tag
identification may be taken by hunting statewide by a person with a valid
hunting license, with the exception of an apprentice license, except for elk
with radio collars, in compliance with all other laws and rules for the taking
of game.
(3) Any animal taken under this section must be
submitted for registration and disease testing in a manner specified by the
department.
History: Am. 9,
****THIS SECTION TAKES
EFFECT ON
3.100 Taking of deer, prohibited firearms, "bait"
and "baiting" defined, conditions for baiting established in certain
area; unlawful acts.
Sec. 3.100. (1) A person shall not use a rimfire firearm .22
caliber or smaller for the taking of deer.
(2) A person shall not pursue, capture, shoot, kill, chase,
follow, harass, or harm a deer while the deer is swimming in a pond, lake,
stream, or other body of water.
(3) For the purposes of this section, "bait" means
a substance composed of grains, minerals, salt, fruits, vegetables, hay, or any
other food materials, whether natural or manufactured, which may lure, entice
or attract deer. "Bait" does not include the establishment and
maintenance of plantings for wildlife, foods found scattered solely as the
result of normal agricultural planting or harvesting practices, foods available
to deer through normal agricultural practices of livestock feeding if the area
is occupied by livestock actively consuming the feed on a daily basis, or
standing farm crops under normal agricultural practices. For the purposes of
this section, "baiting" means to place, deposit, tend, distribute, or
scatter bait to aid in the taking of a deer.
(4) It shall be unlawful for a person to make use of bait to
aid in the taking of a deer within
(5) In the
(a) The baiting occurs only from October 1 to January 1.
(b) The bait material may be of any food type.
(c) The bait is scattered directly on the ground by any
means, including mechanical spin-cast feeders, provided that the spin-cast
feeder does not distribute on the ground more than the maximum volume allowed
as described in subdivision (d) of this subsection. "Scattered" means
that the bait is dispersed or thrown over a minimum of a 10‑foot by
10-foot or equivalent area so that individual pieces of bait are separated and
not placed in piles. The purpose of scattering is to mimic natural feeding
conditions.
(d) The volume of bait used at any 1 point in time shall not
exceed 2 gallons at any 1 hunting site.
(6) It shall be unlawful for a person to make use of bait to
aid in the taking of a deer if the bait and baiting does not meet all of the
conditions specified in subsection (5) unless specifically authorized in the
minimum quantity and for the minimum time required under the conditions of a
permit issued pursuant to chapter V for a scientific research project or for
the control of deer by a governmental agency.
History: Interim Order 1, 2008, Eff.
****THIS SECTION IS
SUPERSEDED BY INTERIM ORDER 1 OF 2008 FROM
3.100 Taking of deer, prohibited firearms, "bait"
and "baiting" defined, conditions for baiting established in certain
area; unlawful acts.
Sec. 3.100. (1) A person shall not use a rimfire firearm .22
caliber or smaller for the taking of deer.
(2) A person shall not pursue, capture, shoot, kill, chase,
follow, harass, or harm a deer while the deer is swimming in a pond, lake,
stream, or other body of water.
(3) For the purposes of this section, "bait" means
a substance composed of grains, minerals, salt, fruits, vegetables, hay, or any
other food materials, whether natural or manufactured, which may lure, entice
or attract deer. "Bait" does not include the establishment and
maintenance of plantings for wildlife, foods found scattered solely as the result
of normal agricultural planting or harvesting practices, foods available to
deer through normal agricultural practices of livestock feeding if the area is
occupied by livestock actively consuming the feed on a daily basis, or standing
farm crops under normal agricultural practices. For the purposes of this
section, "baiting" means to place, deposit, tend, distribute, or
scatter bait to aid in the taking of a deer.
(4) It shall be unlawful for a person to make use of bait to
aid in the taking of a deer within Alcona, Alpena, Crawford, Montmorency,
Oscoda, Otsego, and Presque Isle counties.
(5) In those portions of
(a) The baiting occurs only from October 1 to January 1.
(b) The bait material may be of any food type.
(c) The bait is scattered directly on the ground by any
means, including mechanical spin-cast feeders, provided that the spin-cast
feeder does not distribute on the ground more than the maximum volume allowed
as described in subdivision (d) of this subsection. "Scattered" means
that the bait is dispersed or thrown over a minimum of a 10‑foot by
10-foot or equivalent area so that individual pieces of bait are separated and
not placed in piles. The purpose of scattering is to mimic natural feeding
conditions.
(d) The volume of bait used at any 1 point in time shall not
exceed 2 gallons at any 1 hunting site.
(6) It shall be unlawful for a person to make use of bait to
aid in the taking of a deer if the bait and baiting does not meet all of the
conditions specified in subsection (5) unless specifically authorized in the
minimum quantity and for the minimum time required under the conditions of a
permit issued pursuant to chapter V for a scientific research project or for
the control of deer by a governmental agency.
History: Eff. Mar. 31, 1989; Am. 23, 1989, Eff. Sept. 1,
1990; Am. 4, 1990, Eff. Sept. 1, 1990; Am. 2, 1993, Eff. Sept. 1, 1993; Am. 19,
1993, Eff. Sept. 10, 1993; Am. 3, 1994, Eff. Sept. 1, 1994; Am. 2, 1998, Eff.
May 15, 1998; Am. 15, 1998, Eff. Sept. 10, 1998; Am. 1, 1999, Eff. Apr. 1,
1999; Am. 3, 1999, Eff. May 1, 1999; Am. 11, 1999, Eff. July 8, 1999; Am. 9,
2000, Eff. June 9, 2000; Interim Order 3, 2001, Eff. Oct. 1, 2001; Am. 8, 2002,
Eff. June 8, 2002; Am. 2, 2003, Eff. Apr. 12, 2003; Am. 8, 2008, Eff. June 6,
2008; Am. .Interim Order 1, 2008, Eff.
****THIS SECTION TAKES
EFFECT ON
3.100a Deer and elk
feeding; prohibitions and conditions; words and phrases.
Sec. 3.100a. (1) A person shall not engage in deer and elk
feeding within the
Deer and elk
feeding prohibited except for recreational viewing and supplemental feeding,
conditions for baiting and feeding in certain areas.
(2) In the
Recreational
viewing in areas not closed to feeding, conditions.
(3) In the
(a) The feed is placed not more than 100 yards from a
residence of the person and upon land owned or possessed by that person.
(b) The feed is placed, scattered, or dispersed at least 100
yards from any area accessible to cattle, goats, sheep, new world camelids,
bison, swine, horses, or captive cervidae and no more than 100 yards from a
residence.
(c) The feed is scattered directly on the ground by any
means, including mechanical spin-cast feeders, provided that the spin-cast
feeder does not distribute on the ground more than the maximum volume allowed
as described in subdivision (d) of this subsection.
(d) The volume of feed placed, scattered, or distributed does
not exceed 2 gallons per residence at any 1 point in time.
(e) The feed placed, scattered, or distributed may be of any
food type.
Deer or elk feeding
on property under a person’s ownership or lease, prohibited conduct,
"person" defined.
(4) A person shall not allow deer or elk feeding on property
under their ownership or control in violation of this section. For the purposes
of this subsection, "person" means an individual, partnership,
corporation, association, or other non-governmental legal entity except if the
property is leased it shall mean the individual, partnership, corporation,
association, or other non-governmental legal entity with control or authority
over the property except it shall not include the owner of lands enrolled under
the provisions of Part 511, Commercial Forests, of the Natural Resources and
Environmental Protection Act, Act 451 of the Public Acts of 1994, being
sections 324.51101 to 324.51120 of the Michigan Compiled Laws.
Meaning of words
and phrases.
(5) For the purposes of this section:
(a) "Deer and elk feeding" shall have the same
meaning as defined by section 40102 of the Natural Resources and Environmental
Protection Act, Act No. 451 of the Public Acts of 1994, being section 324.40102
of the Michigan Compiled Laws.
(b) "Feed" shall have the same meaning as defined
by section 40102 of the Natural Resources and Environmental Protection Act, Act
No. 451 of the Public Acts of 1994, being section 324.40102 of the Michigan
Compiled Laws.
(c) "New world camelids" means animals belonging to
the genus llama and vicuna of the family camelidae of the order artiodactyla
including, but not limited to, the llama, alpaca, vicuna, and guanaco.
(d) "Residence" shall have the same meaning as defined by section 40103 of the Natural Resources and Environmental Protection Act, Act No. 451 of the Public Acts of 1994, being section 324.40103 of the Michigan Compiled Laws.
(e) "CWD surveillance zone" means the township