THE SHOOTING PRESERVE ORDER

Under the authority of section 41710, Act No. 451 of the Public Acts of 1994, as amended, being section 324.41710 of the Michigan Compiled Laws, the Director of the Department of Natural Resources ordered that effective September 1, 2000, the following sections of the Shooting Preserve Commission Order shall read as follows:

30.1 Short title.

Sec. 30.1. This order shall be known and may be cited as "the shooting preserve order."

History: Eff. Aug. 1, 1993; Am. 1, 2000, Eff. Sept. 1, 2000.

30.2 Shooting preserves; enclosure and contiguity.

Sec. 30.2. Premises shall not be licensed as a shooting preserve unless they are enclosed and contained in a single block or tract of contiguous lands, except that the director of natural resources may license lands consisting of 2 or more enclosed single disconnected blocks or tracts when, in his judgment, it appears that it may be operated within the intent of the act authorizing preserves.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.3 Boundary signs.

Sec. 30.3. The department of natural resources shall furnish boundary signs of such size and such wording as determined by the director.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.4 Fees.

Sec. 30.4. An applicant shall pay the required fee upon filing their application.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.5 Acreage limit per county.

Sec. 30.5. Licenses shall be limited so as not to result in total acreage licensed as shooting preserves in any 1 county being more than 1 percent of the gross land area of the county.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.6 Denial of licenses.

Sec. 30.6. A license shall be denied when, in the opinion of the director, it appears probable that wild ducks or an excessive number of wild ducks or an excessive number of wild pheasants or wild bobwhite quail would be killed on the premises for which the license is applied for or when, for any other reason, the director determines that the issuance of a license is not in the public interest.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.7 Birds which may be hunted on preserves.

Sec. 30.7. Pheasants (Phasianus), Hungarian partridges, bobwhite quail, mallard ducks, and nonnative upland game birds not established in the wild in the state may be released and shot on licensed preserves. Species of waterfowl, other than mallard ducks flown from release towers or similar stations, may not be hunted or killed on the lands of a preserve licensed to shoot ducks.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.8 Open seasons.

Sec. 30.8. The shooting season for the taking of pheasants (Phasianus), Hungarian partridges, bobwhite quail, and mallard ducks on licensed preserves opens on August 15 and closes on April 30. The nonnative birds specified in section 30.7 may be shot throughout the season.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.9 Pheasants, Hungarian partridges, and quail released before open season.

Sec. 30.9. Pheasants (Phasianus) of either sex, Hungarian partridges, and bobwhite quail, when released not earlier than 2 weeks prior to the opening of the season, may be taken in numbers not to exceed the total number released.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.10 Nonnative upland game birds and mallard ducks.

Sec. 30.10. All nonnative upland game birds not established in the wild in this state released on licensed preserves may be taken either by shooting or by recapture while on the preserve for further release purposes. All mallard ducks, properly marked, shall be flown from release towers or similar stations for pass shooting and may be taken either by shooting or by recapture while on the preserve for further release purposes. Such ducks shall not be hunted or shot within 40 yards of a lake, stream, or pond which may be used by wild waterfowl and within 80 yards it is unlawful to shoot toward the lake, stream, or pond, and blinds shall be so constructed and arranged as to make it impossible to do so.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.11 Recapture of released pheasants, Hungarian partridges, and quail.

Sec. 30.11. Released pheasants, Hungarian partridges, and quail may be recaptured for further release purposes by an operator anywhere on their licensed premises in any county except those located south of Muskegon, Newaygo, Osceola, Clare, Gladwin, and Arenac counties where recapturing is limited to within 50 feet of the principal bird holding pens.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.12 Training of hunting dogs.

Sec. 30.12. Any person, with permission of the licensed operator, may train hunting dogs on and shoot in the training process, from July 15 to the closing dates of the respective open seasons, all species of birds permitted to be taken under authority of a shooting preserve license. Dogs being so trained or used in hunting shall be confined to the premises of the licensed area at all times.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.13 Feeding of birds in winter.

Sec. 30.13. During the period January 1 to March 15 in each year, a licensee shall not put out, or allow or permit to be put out, on the lands included in their licensed shooting preserve any shelled or husked or unhusked corn, wheat, or other grains or feeds for the purpose of luring, attracting, enticing, or feeding any of the birds permitted to be taken under their shooting preserve license, except for the purpose of feeding on such areas and during such periods as may be authorized in writing by the director of natural resources. This rule does not include properly shocked grain, standing crops, or grains found scattered solely as a result of normal agricultural planting or harvesting, nor does it include the feeding of birds retained in captivity.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.14 Sources of birds to be released.

Sec. 30.14. Legally protected species of birds to be released on a licensed shooting preserve or sold to nonhunters, restaurants, hotels, or clubs may be propagated and reared by a licensee as authorized by section 3 of Act No. 134 of the Public Acts of 1957, as amended, being 317.303 of the Michigan Compiled Laws, or may be lawfully procured from other sources. If the director of natural resources finds that any birds are diseased or otherwise unfit for release and notifies the operator of such findings, the operator shall not release or permit or allow the release of any such birds.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.15 Marking and banding of birds.

Sec. 30.15. The director of natural resources may require that, before any birds are released, each of them shall be marked or have leg bands attached in a manner specified, and the operator shall maintain and furnish to the director such records and information pertaining thereto as may be required. All required bands or other marking devices shall be furnished by the director.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.16 Reports of released birds; tags on birds shot.

Sec. 30.16. Before any birds are taken under authority of a shooting preserve license, the operator shall certify to the director of natural resources the number of each species of birds to be, or which have been, released and the date of release, and shall procure from the director the allowable number of identification tags required by law to be affixed to all birds shot on such preserve. The identification tags shall be affixed in a permanent manner to the leg of the bird or the wrapper or package containing the carcass and shall remain thereon until the bird is prepared for consumption. Field or market dressed carcasses, parts thereof, eggs, and crated specimens removed from licensed shooting preserves by nonhunters shall be identified with shipping tags or identification tags as provided in department rules governing game breeders.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.17 Disposition of boundary signs, shipping tags, and identification tags.

Sec. 30.17. When a license expires or is revoked or denied, the former licensee shall return surplus identification tags and shipping tags to the department of natural resources and remove all shooting preserve signs from the formerly licensed area within 15 days after termination of the license. The department shall refund a sum equal to the value of tags. If a former licensee does not remove the boundary signs and cannot be located, the landowner shall remove the signs within 30 days after termination of the shooting preserve license.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.18 Inspection of premises, operations, and records.

Sec. 30.18. All premises and operations, including the books and records pertaining thereto and also including a count of birds certified for release, shall be subject to inspection at any reasonable time by the director of natural resources or his authorized representatives.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.19 Copies of records for director of natural resources.

Sec. 30.19. The director of natural resources may require that monthly reports and an annual report and a notarized copy of all records required by section 8 of Act No. 134 of the Public Acts of 1957, as amended, being 317.308 of the Michigan Compiled Laws, be submitted to him by each licensee on or before July 15 in each year.

History: Am. 1, 2000, Eff. Sept. 1, 2000; Eff. June 18, 2001.

30.20 Rescission.

Sec. 30.20. Sections 30.2 to 30.19 of this order shall take effect when R 299.641 to R 299.659 of the Michigan Administrative Code, appearing on pages 44 to 46 of Volume 3 of the Michigan Administrative Code complete through January 1, 1999, are rescinded

History: Eff. Aug. 1, 1993; Am. 1, 2000, Eff. Sept. 1, 2000.

Editor's Note: R 299.641 to R 299.659 were rescinded by Act 23 PA 2001, effective June 18, 2001.