HB-5380, As Passed Senate, December 17, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 5380
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40111a (MCL 324.40111a), as amended by 2004 PA
537.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
40111a. (1) By September 1,
1999, the The commission,
after consultation with the commission of agriculture, shall issue
in the manner provided in section 40113a an order concerning deer
and
elk feeding in this state. The order shall take effect October
1,
1999 and shall do all of the following in the lower peninsula:
(a)
Prohibit a person from engaging in deer or elk feeding
unless
the deer or elk feeding is for recreational viewing
purposes.
(b)
Require that the feed be deposited or distributed not more
than
100 yards from the residence of the person engaged in deer or
elk
feeding for recreational viewing purposes on land owned or
possessed
by that person.
(c)
Establish any other reasonable conditions for deer and elk
feeding
for recreational viewing purposes that are consistent with
the
requirements of this section.
(2)
The order issued under subsection (1) shall also establish
criteria
for deer feeding in the Upper
Peninsula.
(3)
Notwithstanding subsections (1) and (2), the commission,
after
consultation with the commission of agriculture, may issue in
the
manner provided in section 40113a an order that prohibits all
deer
and elk feeding in all or part of this state if the commission
considers
the prohibition to be necessary to properly manage
wildlife
populations or to control or eradicate disease.
(4)
An order under this part concerning baiting to take deer
or
elk or concerning deer or elk feeding shall not make a
distinction
between the depositing or distributing of feed by hand
and
the depositing or distributing of feed by a mechanical device,
whether
the mechanical device is operated by human power or
otherwise.
(2) As used in this section, "deer and elk feeding" means the
depositing, distributing, or tending of feed in an area frequented
by wild, free-ranging white-tailed deer and elk to prevent them
from starving or for recreational viewing. Deer and elk feeding
does not include any of the following:
(a) Baiting to take game as provided by an order of the
commission under section 40113a.
(b) The scattering of feed solely as the result of normal
logging practices or normal agricultural practices.
(c) The storage or use of feed for agricultural purposes if 1
or more of the following apply:
(i) The area is occupied by livestock actively consuming the
feed on a daily basis.
(ii) The feed is covered to deter wild, free-ranging white-
tailed deer and elk from gaining access to the feed or is being
used on a daily basis.
(iii) The feed is in a storage facility or is stored in a manner
that is consistent with normal agricultural practices.
(d) Feeding wild birds or other wildlife if done in such a
manner as to exclude wild, free-ranging white-tailed deer and elk
from gaining access to the feed.
(3) (5)
This section is repealed effective January 1, 2010
2016.