| 1 | | - | Act No. 222 Public Acts of 2023 Approved by the Governor November 22, 2023 Filed with the Secretary of State November 22, 2023 EFFECTIVE DATE: February 20, 2024 state of michigan 102nd Legislature Regular session of 2023 Introduced by Senators McCann, Daley and Cherry ENROLLED SENATE BILL No. 105 AN ACT to amend 1994 PA 451, entitled An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the peoples right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts, by amending section 40113a (MCL 324.40113a), as amended by 2016 PA 382. The People of the State of Michigan enact: Sec. 40113a. (1) The legislature finds and declares that: (a) The fish and wildlife populations of the state and their habitat are of paramount importance to the citizens of this state. (b) The conservation of fish and wildlife populations of the state depend upon the wise use and sound scientific management of the states natural resources. (c) The sound scientific management of the fish and wildlife populations of the state, including hunting of bear, is declared to be in the public interest. (d) The sound scientific management of bear populations in this state is necessary to minimize human and bear encounters and to prevent bears from threatening or harming humans, livestock, and pets. (2) The commission has the exclusive authority to regulate the taking of game as that term is defined in section 40103 and to regulate sport fishing under part 487 in this state, including, but not limited to, regulating the use of commercial hunting guides or sport fishing guides in taking game and fish. The commission shall, to the greatest extent practicable, utilize principles of sound scientific management in making decisions regarding the taking of game. The commission may take testimony from department personnel, independent experts, and others, and review scientific literature and data, among other sources, in support of its duty to use principles of sound scientific management. The commission shall issue orders regarding the taking of game following a public meeting and an opportunity for public input. Not less than 30 days before issuing an order, the commission shall provide a copy of the order to each of the following: (a) Each member of each standing committee of the senate or house of representatives that considers legislation pertaining to conservation, the environment, natural resources, recreation, tourism, or agriculture. (b) The chairperson of the senate appropriations committee and the chairperson of the house of representatives appropriations committee. (c) The members of the subcommittee of the senate appropriations committee and the subcommittee of the house of representatives appropriations committee that consider the budget of the department of natural resources. (3) The legislature declares that hunting, fishing, and the taking of game are a valued part of the cultural heritage of this state and should be forever preserved. The legislature further declares that these activities play an important part in the states economy and in the conservation, preservation, and management of the states natural resources. Therefore, the legislature declares that the citizens of this state have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by subsection (2) and law. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: (a) Senate Bill No. 104. (b) Senate Bill No. 103. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor |
|---|
| 1 | + | state of michigan 102nd Legislature Regular session of 2023 Introduced by Senators McCann, Daley and Cherry ENROLLED SENATE BILL No. 105 AN ACT to amend 1994 PA 451, entitled An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the peoples right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts, by amending section 40113a (MCL 324.40113a), as amended by 2016 PA 382. The People of the State of Michigan enact: Sec. 40113a. (1) The legislature finds and declares that: (a) The fish and wildlife populations of the state and their habitat are of paramount importance to the citizens of this state. (b) The conservation of fish and wildlife populations of the state depend upon the wise use and sound scientific management of the states natural resources. (c) The sound scientific management of the fish and wildlife populations of the state, including hunting of bear, is declared to be in the public interest. (d) The sound scientific management of bear populations in this state is necessary to minimize human and bear encounters and to prevent bears from threatening or harming humans, livestock, and pets. (2) The commission has the exclusive authority to regulate the taking of game as that term is defined in section 40103 and to regulate sport fishing under part 487 in this state, including, but not limited to, regulating the use of commercial hunting guides or sport fishing guides in taking game and fish. The commission shall, to the greatest extent practicable, utilize principles of sound scientific management in making decisions regarding the taking of game. The commission may take testimony from department personnel, independent experts, and others, and review scientific literature and data, among other sources, in support of its duty to use principles of sound scientific management. The commission shall issue orders regarding the taking of game following a public meeting and an opportunity for public input. Not less than 30 days before issuing an order, the commission shall provide a copy of the order to each of the following: (a) Each member of each standing committee of the senate or house of representatives that considers legislation pertaining to conservation, the environment, natural resources, recreation, tourism, or agriculture. (b) The chairperson of the senate appropriations committee and the chairperson of the house of representatives appropriations committee. (c) The members of the subcommittee of the senate appropriations committee and the subcommittee of the house of representatives appropriations committee that consider the budget of the department of natural resources. (3) The legislature declares that hunting, fishing, and the taking of game are a valued part of the cultural heritage of this state and should be forever preserved. The legislature further declares that these activities play an important part in the states economy and in the conservation, preservation, and management of the states natural resources. Therefore, the legislature declares that the citizens of this state have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by subsection (2) and law. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: (a) Senate Bill No. 104. (b) Senate Bill No. 103. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor |
|---|
| 16 | 14 | | |
|---|
| 17 | 15 | | |
|---|
| 18 | 16 | | |
|---|
| 19 | 17 | | state of michigan |
|---|
| 20 | 18 | | |
|---|
| 21 | 19 | | 102nd Legislature |
|---|
| 22 | 20 | | |
|---|
| 23 | 21 | | Regular session of 2023 |
|---|
| 24 | 22 | | |
|---|
| 25 | 23 | | Introduced by Senators McCann, Daley and Cherry |
|---|
| 26 | 24 | | |
|---|
| 27 | 25 | | ENROLLED SENATE BILL No. 105 |
|---|
| 28 | 26 | | |
|---|
| 29 | 27 | | AN ACT to amend 1994 PA 451, entitled An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the peoples right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts, by amending section 40113a (MCL 324.40113a), as amended by 2016 PA 382. |
|---|
| 30 | 28 | | |
|---|
| 31 | 29 | | The People of the State of Michigan enact: |
|---|
| 32 | 30 | | |
|---|
| 33 | 31 | | Sec. 40113a. (1) The legislature finds and declares that: |
|---|
| 34 | 32 | | |
|---|
| 35 | 33 | | (a) The fish and wildlife populations of the state and their habitat are of paramount importance to the citizens of this state. |
|---|
| 36 | 34 | | |
|---|
| 37 | 35 | | (b) The conservation of fish and wildlife populations of the state depend upon the wise use and sound scientific management of the states natural resources. |
|---|
| 38 | 36 | | |
|---|
| 39 | 37 | | (c) The sound scientific management of the fish and wildlife populations of the state, including hunting of bear, is declared to be in the public interest. |
|---|
| 40 | 38 | | |
|---|
| 41 | 39 | | (d) The sound scientific management of bear populations in this state is necessary to minimize human and bear encounters and to prevent bears from threatening or harming humans, livestock, and pets. |
|---|
| 42 | 40 | | |
|---|
| 43 | 41 | | (2) The commission has the exclusive authority to regulate the taking of game as that term is defined in section 40103 and to regulate sport fishing under part 487 in this state, including, but not limited to, regulating the use of commercial hunting guides or sport fishing guides in taking game and fish. The commission shall, to the greatest extent practicable, utilize principles of sound scientific management in making decisions regarding the taking of game. The commission may take testimony from department personnel, independent experts, and others, and review scientific literature and data, among other sources, in support of its duty to use principles of sound scientific management. The commission shall issue orders regarding the taking of game following a public meeting and an opportunity for public input. Not less than 30 days before issuing an order, the commission shall provide a copy of the order to each of the following: |
|---|
| 44 | 42 | | |
|---|
| 45 | 43 | | (a) Each member of each standing committee of the senate or house of representatives that considers legislation pertaining to conservation, the environment, natural resources, recreation, tourism, or agriculture. |
|---|
| 46 | 44 | | |
|---|
| 47 | 45 | | (b) The chairperson of the senate appropriations committee and the chairperson of the house of representatives appropriations committee. |
|---|
| 48 | 46 | | |
|---|
| 49 | 47 | | (c) The members of the subcommittee of the senate appropriations committee and the subcommittee of the house of representatives appropriations committee that consider the budget of the department of natural resources. |
|---|
| 50 | 48 | | |
|---|
| 51 | 49 | | (3) The legislature declares that hunting, fishing, and the taking of game are a valued part of the cultural heritage of this state and should be forever preserved. The legislature further declares that these activities play an important part in the states economy and in the conservation, preservation, and management of the states natural resources. Therefore, the legislature declares that the citizens of this state have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by subsection (2) and law. |
|---|
| 52 | 50 | | |
|---|
| 53 | 51 | | |
|---|
| 54 | 52 | | |
|---|
| 55 | 53 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
|---|
| 56 | 54 | | |
|---|
| 57 | 55 | | |
|---|
| 58 | 56 | | |
|---|
| 59 | 57 | | Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: |
|---|
| 60 | 58 | | |
|---|
| 61 | 59 | | (a) Senate Bill No. 104. |
|---|
| 62 | 60 | | |
|---|
| 63 | 61 | | (b) Senate Bill No. 103. |
|---|
| 64 | 62 | | |
|---|
| 65 | 63 | | |
|---|
| 66 | 64 | | |
|---|
| 67 | 65 | | |
|---|
| 68 | 66 | | |
|---|
| 69 | 67 | | |
|---|
| 70 | 68 | | |
|---|
| 71 | 69 | | Secretary of the Senate |
|---|
| 72 | 70 | | |
|---|
| 73 | 71 | | |
|---|
| 74 | 72 | | |
|---|
| 75 | 73 | | |
|---|
| 76 | 74 | | |
|---|
| 77 | 75 | | Clerk of the House of Representatives |
|---|
| 78 | 76 | | |
|---|
| 79 | 77 | | Approved___________________________________________ |
|---|
| 80 | 78 | | |
|---|
| 81 | 79 | | ____________________________________________________ |
|---|
| 82 | 80 | | |
|---|
| 83 | 81 | | Governor |
|---|