CAPTIVE GAME ORDER

20.1 Short title.

Sec. 20.1. This order shall be known and may be cited as “the captive game order.”

History: Eff. Jan. 1, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 2005, Eff. Mar. 11, 2005; Am. 1, 2016, Eff. Feb. 12, 2016.

20.2 Meanings of words and phrases.

Sec. 20.2. Definitions in part 427, breeders and dealers, of the natural resources and environmental protection act,
1994 PA 451, being MCL 324.42701 to 324.42714 shall have the same meanings in this order. Additional definitions for terms used in this order are as defined in this section.
(1) “Exhibitor” means a dealer, broker, operator, or exhibitor licensed as class A, class B, or class C by the United States department of agriculture’s animal and plant health inspection service under the authority of the animal welfare act, U.S. Code, 7 U.S.C. Sections 2131 to 2159.
(2) “Game” shall have the same meaning as defined in section 40103 of 1994 PA 451, MCL 324.40103, “Game”
does not include privately owned cervidae species located on a cervidae livestock facility registered under 2000 PA
190, MCL 287.951 to 287.969.
(3) “Permit” means a permit to hold game in captivity, formerly known as a permit to hold wildlife in captivity, authorizing the possession of captive-bred game. Only those game species with requirements under section 20.6 may be possessed under the provisions of this permit.
(4) “Veterinarian” means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(5) “Waterfowl” shall have the same meaning as defined in section 43508 of 1994 PA 451, MCL 324.43508.

History: Eff. Jan. 1, 1990; Am. Sept. 12, 1990; Am. 1, 1997, Eff. May 1, 1997; Am. 1, 2016, Eff. Feb. 12, 2016.

20.3 Permits.

Sec. 20.3. The department may issue a permit authorizing the possession of game as described under section
324.42703 of 1994 PA 451, MCL 324.42703. An individual issued a permit to hold game in captivity under this section must be at least 18 years old and is subject to all of the following requirements:
(1) An individual possessing or desiring to possess waterfowl, such as ducks or geese, shall comply with all federal regulations and permit rules in addition to state of Michigan regulations. This includes but is not limited to the physical marking of waterfowl by removal of the hind toe on the right foot of each bird before it reaches the age of 4 weeks or by other federally approved marking methods.
(2) A separate permit to hold game in captivity is required for each separate premises although operated and owned by the same individual or entity.
(3) Except as otherwise provided by this order, when a permittee secures additional numbers of animals for species already listed on the permit, the permittee shall report the additional animals on the next monthly inventory report, on a form provided by the department, and shall provide the minimum space requirements for the total number of animals of that species.
(4) If any information on an approved permit to hold game in captivity is no longer current, an application to amend the permit must be submitted to the department in accordance with the instructions on that form.
(5) A permit must specifically list each species held, or to be held. Before a permittee may possess a species not listed on their permit, the permittee must obtain an approved amended permit to hold game in captivity from the department specifically listing the species to be acquired, except that a permittee shall be exempt from the
requirement of specifically listing each species of duck or goose held, or to be held, and from the requirement of amending a permit to include each species of duck or goose to be acquired.
(6) Only those game species with requirements listed under section 20.6 of this order may be possessed under the authority of this permit. All other live game shall not be possessed under the authority of this order.
(a) Current permittees in possession of a black bear (Ursus americanus) under this order may continue to possess the black bear for the life of that animal pursuant to the provisions of this order. No new or amended permits for the possession of black bear shall be issued.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1 1990; Am. 3, 1993, Eff. Sept. 1, 1993; Am. 1, 1997, Eff. May 1, 1997; Am. 1, 2016, Eff. Feb. 12, 2016.

20.4 Permit exemptions.

Sec. 20.4. (1) An individual purchasing and removing the following live animals from a licensed premises may possess the animals without a permit provided the individual does not propagate or sell the animals and provided the
animals are properly identified as prescribed by section 20.9:
(a) Pheasants (Phasianus colchicus) if they are 12 or fewer in number. (b) Quail if they are 12 or fewer in number.
(c) Hungarian partridge if they are 12 or fewer in number.
(2) A permit to hold game in captivity is not required for an individual to possess pheasants, bobwhite quail, or Hungarian partridge legally acquired for the purpose of release to the wild or personal consumption, provided that a game bird release permit is obtained before, or at the same time as, the birds or their eggs are acquired, and the birds and their eggs are disposed of within 6 months of the date upon which the game bird release permit was issued.
(3) A permit to hold game in captivity is not required for an individual to possess game birds of the number and species authorized for release on a field dog trial permit issued by the department of natural resources.
(4) A permit to hold game in captivity is not required for an individual to possess game birds of the number and species authorized by a game bird hunting preserve license issued by the department of natural resources.
(5) A permit to hold game in captivity is not required for an individual receiving animals or eggs which are being shipped directly out of the state of Michigan, remain in transit, and are otherwise in compliance with importation or exportation regulations.
(6) A permit to hold game in captivity is not required for an individual to possess cervidae species authorized by the privately owned cervidae producers marketing act, 2000 PA 190, being MCL 287.951 to 287.969.
(7) A permit to hold game in captivity is not required for an exhibitor as defined in this order.

History: Eff. Jan. 1, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. Nov. 12, 1992, Eff. Jan. 1, 1993; Am. 1, 1997, Eff. May 1, 1997; Am. 1,

2005, Eff. Mar. 11, 2005; Am. 1, 2016, Eff. Feb. 12, 2016.

20.5 Confinement and sanitation requirements.

Sec. 20.5. (1) Except as provided by subsection (2), game held in captivity shall be confined to the licensed premises at all times. Animals shall not be chained or otherwise tethered to stakes, posts, trees, buildings, or other anchorage. Each animal shall be provided with an enclosure which meets the requirements of section 20.6, and shall
be provided with rainproof dens, nest boxes, shelters, perches, and bedding as required for the comfort of the species
held in captivity and to protect them against inclement weather or extreme heat. Animals in captivity shall be held in a sanitary and humane manner and kept free as far as practicable from parasites, sickness, or disease. Permittees shall provide an enclosure of such strength and type of construction to prevent ingress or egress of and shall keep all fences and enclosures properly repaired.
(2) A person may transport game held in captivity held under permit in a temporary cage or other suitable means of confinement directly to and from a facility, for the following reasons only:
(a) Veterinary treatment of the animal.

(b) Sale, or transfer of ownership of the animal to another individual or entity meeting the provisions of this order. (c) Exhibition of mammals to the public, provided the permittee is an exhibitor as defined in this order.

(d) Use of fox or raccoons in lawful field dog trials, provided the fox or raccoons are not dragged, led on a leash, submerged in water, or allowed to come into contact with dogs.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 1993, Eff. June 15, 1993; Am. 1, 1997, Eff. May 1, 1997; Am. 1,

2016, Eff. Feb. 12, 2016.

20.6 Enclosure size and amenities, requirements.

Sec. 20.6. The minimum enclosure size and required amenities for the species designated in this section shall be as follows, except that newborn mammals may remain with their parents until weaned:

(1) Badger, bobcat, fox (Urocyon cinereoargenteus and Vulpes vulpes), or raccoon; enclosure requirements:


(a) The enclosure size for a single animal: shall be a minimum of 8 feet by 6 feet by 6 feet high. (b) For each additional animal, the horizontal cage size shall be increased by 24 square feet.
(c) Clawing logs and a den site 2 feet by 2 feet by 2 feet high shall be provided for each animal.
(d) A climbing tree with 3 or more 4-inch diameter branches shall be provided for each raccoon or bobcat.
(e) A 14-inch by 36-inch protected shelf area shall be provided for each animal. Bobcat or raccoon platforms shall be at least 3 feet above the floor; fox and badger platforms shall be 1 foot above the floor.

(2) Coyote; enclosure requirements:

(a) The enclosure size for a single animal shall be a minimum of 10 feet by 8 feet by 6 feet high. (b) For each additional animal, the horizontal cage size shall be increased by 40 square feet.
(c) A den site 4 feet by 4 feet by 4 feet high shall be provided for each animal.

(3) Beaver or otter; enclosure requirements:

(a) The enclosure size for a single animal shall be a minimum of 10 feet by 8 feet by 6 feet high, with a pool 4 feet by 6 feet by 3 feet deep at one end.
(b) For each additional animal, the horizontal cage size shall be increased by 40 square feet and pool size by 10 square feet.
(c) A variety of climbing surfaces, a slide, and a dry place for sleeping and retreat shall be provided for otter. (d) Gnawing logs and a nest box or retreat 3 feet by 3 feet by 3 feet high shall be provided for beaver.

(4) Muskrat or mink; enclosure requirements:


(a) The enclosure size for a single animal: shall be a minimum of 8 feet by 4 feet by 4 feet high, with a pool 2 feet by 4 feet by 2 feet deep at one end.
(b) For each additional animal, the horizontal cage size shall be increased by 16 square feet and pool size by 4 square feet.
(c) Gnawing material and a den site 2 feet by 2 feet by 2 feet high shall be required for muskrat.
(d) A tree for climbing, an elevated shelf for loafing, and a den site 2 feet by 2 feet by 2 feet high shall be provided for mink.

(5) Squirrels; enclosure requirements:

(a) The enclosure size for a single animal shall be a minimum of 4 feet by 4 feet by 8 feet high. (b) For each additional animal, the horizontal cage size shall be increased by 1 square foot.
(c) One nest box 1 foot by 1 foot by 2 feet high, elevated 5 feet off the ground, shall be provided for each animal. (d) A central climbing tree with at least 3 or more 3-inch branches shall be provided.

(6) Skunks (Mephitis mephitis), woodchuck, or opossum; enclosure requirements:


(a) The enclosure size for a single animal: shall be a minimum of 8 feet by 4 feet by 4 feet high, with a denning box 2 feet by 2 feet by 2 feet high.
(b) For each additional animal, the horizontal cage size shall be increased by 16 square feet.
(c) Several logs at least 2 feet long and 6 inches in diameter for clawing and/or gnawing shall be provided for each animal.

(7) Black bear (Ursus americanus); enclosure requirements; grandfather clause

(a) The enclosure size for a single animal shall be a minimum of 25 feet by 12 feet by 8 feet high with a pool 4 feet by 6 feet by 3 feet deep.
(b) For each additional bear, the cage floor space and pool surface area shall be increased by 50 percent. (c) Each bear shall be provided with a den site 4 feet by 4 feet by 6 feet high.
(d) Several logs at least 5 feet long by 10 inches in diameter for clawing shall be provided for each bear.
(e) Amended permits to add black bear or new permits to possess black bear in captivity shall not be issued pursuant to 20.3(6)(a).

(8) Pheasants (Phasianus colchicus), bobwhite quail, and Hungarian partridge; enclosure requirements. (a) The enclosure size for birds older than 14 weeks shall be a minimum of 100 square feet.

(b) For more than four pheasants without specs, the horizontal cage size shall be increased by 25 square feet per bird.
(c) For more than six pheasants with specs, the horizontal cage size shall be increased by 15 square feet per bird. (d) For more than 100 bobwhite quail, the horizontal cage size shall be increased by 1 square foot per bird.
(e) For more than 12 Hungarian partridge, the horizontal cage size shall be increased by 8 square feet per bird. (f) Bobwhite quail and Hungarian partridge may be held in smaller breeder pens during the breeding season.
(g) In order to reduce direct confrontation and interaction between birds, cover shall be provided in enclosures which hold pheasants and Hungarian partridge. Cover may be provided by growing vegetation, brush piles, old Christmas trees, corn shocks, bales of hay or straw, or other cover forms placed into or grown within each pen.

(9) Ducks; enclosure requirements:

(a) The enclosure size for not more than 2 pairs, or 1 pair and their offspring of the year, shall be a minimum area of 100 square feet.
(b) A minimum of 10 square feet of water, 1 foot or greater in depth, shall be provided.
(c) For each additional adult bird, the horizontal area shall be increased by 20 square feet of land and 5 square feet of water surface.
(d) Ducks shall be prevented from comingling with wild waterfowl.

(10) Geese; enclosure requirements:

(a) The enclosure size of not more than 2 pairs, or 1 pair and their offspring of the year, shall be a minimum area of 500 square feet.
(b) A minimum of 50 square feet of water, 1 foot or greater in depth, shall be provided.
(c) For each additional goose, the horizontal area shall be increased by 100 square feet of land and 25 square feet of water surface.
(d) Geese shall be prevented from comingling with wild waterfowl.

(11) Wild turkeys (Meleagris gallopavo); enclosure requirements:

(a) The enclosure size for not more than 5 birds, shall be a minimum of 150 square feet of horizontal space. (b) For each additional bird, the horizontal area shall be increased by 15 square feet of floor space.
(12) The enclosures and amenities required by this order shall be separate from any human dwelling.
(13) A conservation officer or other representative of the department of natural resources may inspect the premises, pens, animals, records, and facilities of a permittee at any reasonable time.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 3, 1993, Eff. Sept. 1, 1993; Am. 1, 1997, Eff. May 1, 1997; Am. 1,

2005, Eff. Mar. 11, 2005; Am. 1, 2016, Eff. Feb. 12, 2016.

20.7 Acquisition and disposition of animals.

Sec. 20.7. (1) Game possessed under a permit to hold game in captivity shall have been acquired in a lawful manner and be kept in good health. As evidence thereof, the receipted invoice, bill of lading, shipping tag from
another permittee, health certificate, or other satisfactory evidence shall be presented for inspection upon request by an authorized officer.
(2) An individual with a permit to hold game in captivity may transfer, give, or sell live game, or game bird eggs, only to an individual who has a permit to hold game in captivity specifically listing the species being acquired, or to an individual exempt from the permit requirements by section 20.4.
(a) Except live black bear (Ursus americanus), shall only be transferred, given, or sold to an individual exempt from the permit requirements by section 20.4.
(3) An individual who desires to obtain live game shall present to the individual transferring, giving, or selling the game proof in the form of a permit or facsimile of having the necessary license or permit as required by subsection
(3). If proof is not presented, the individual possessing the game shall not allow the game to leave the licensed premises.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 1992, Eff. Jan. !, 1993; Am. 2, 1993, Eff. July 1, 1993; Am. 1, 1997,

Eff. May 1, 1997; Am. 1, 2005, Eff. Mar. 11, 2005; Am. 1, 2016, Eff. Feb. 12, 2016.

20.8 Shipping and identification tags.

Sec. 20.8. (1) Any game or parts of game leaving a licensed premises shall be identified with official shipping tags available from the department before removal from licensed premises. The tags shall identify the products as
having been produced and sold legally. The shipping tags shall be constructed in 2 sections: part 1 (soft copy) shall
be retained by the shipper for 5 years from the date of shipment, part 2 (hard copy) shall accompany the shipment.
(2) The shipping tags shall be securely attached to the products or containers, shall be readily visible, and shall remain attached until the products are ready to be used or consumed or until live game are released from crates or other containers. An individual shall not reuse a tag.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 1997; Eff. May 1, 1997; Am. 1, 2016, Eff. Feb. 12, 2016.

20.9 Shipping tags for live animals and eggs.

Sec. 20.9. Each shipment of live game or game bird eggs shall be identified by a completely filled out shipping tag. One tag shall be securely fastened to each carton or package.

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 2016, Eff. Feb. 12, 2016.

20.10 Shipping tags for carcasses, pelts, and hides, or portions thereof.

Sec. 20.10. A shipping tag shall be attached securely to each field-dressed animal, or to each package, wrapper,
bag, or carton containing the carcass or portion thereof of any small game animal or fur-bearing animal, or each animal pelt, and each animal hide produced by a permittee.

History: Eff. July 18, 1990, Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 2005, Eff. Mar. 11, 2005.

20.11 Live animal inventory report.

Sec. 20.11. (1) Any addition to or subtraction from a permittee’s live game inventory shall be legibly recorded on a monthly inventory report, on a form provided by the department, in accordance with the instructions on that form.
Permittees shall retain a copy of this report for 5 years from the report date. Except as otherwise provided in this
section, reports shall be submitted to the department within 15 days after the end of the month. A report need not be completed for a month in which no game were added to or removed from a permittee’s live game inventory. The department shall make available monthly inventory report forms at no cost to the permittee.
(2) The department may exempt permittees possessing certain species from the requirement of submitting a monthly inventory report. Such permittees shall be required to maintain live game inventory records in accordance with the instructions on a form provided by the department, but may be exempt from the requirement of recording such records onto the form. Such records shall be retained for no less than 5 years and shall be subject to department inspection as provided by section 20.6 (13).

History: Eff. July 18, 1990; Am. Sept. 12, 1990, Eff. Oct. 1, 1990; Am. 1, 1997, Eff. May 1, 1997; Am. 1, 2016, Eff. Feb. 12, 2016.

20.12 Repealed; Am. 1, 2005, Eff. Mar. 11, 2005.

Publisher’s note: This section pertained to shipping tags for carcasses, pelts, and hides, or portions thereof.

20.13 Repealed; Am. 1, 1997, Eff. May 1, 1997.