March 28, 2006, Introduced by Reps. Gillard, McDowell, Gleason, Espinoza, Brown, Adamini, Sheltrown, Cushingberry, Bennett, Miller, Spade, Polidori, Sak, Angerer, Gonzales, Byrnes, Donigan, Accavitti, Mayes, Palsrok, Farhat, Elsenheimer, Byrum, Acciavatti, McConico and Lemmons, III and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 504 (MCL 324.504), as amended by 2004 PA 130.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
504. (1) The department shall promulgate rules for the
protection
of the lands and to protect
and preserve property under
its
control against wrongful use or occupancy as will ensure
the
carrying
out of the intent of this part to protect the lands and
property
from depredations and to preserve the lands and property
from
molestation, spoilation, destruction, or any other from
depradation, damage, or destruction resulting from wrongful or
improper use or occupancy.
(2) The department shall do all of the following:
(a) Keep land under its control open to hunting unless the
department determines that the land should be closed to hunting
because of public safety, fish or wildlife management, or homeland
security concerns or as otherwise required by law.
(b) Manage land under its control to support and promote
hunting opportunities to the extent authorized by law.
(c) Manage land under its control to prevent any net decrease
in the acreage of such land that is open to hunting.
(3) By April 1, 2007 and each year thereafter, the department
shall submit to the legislature a report that includes all of the
following:
(a) The location and acreage of land under its control
previously open to hunting that the department closed to hunting
during the 1-year period ending the preceding March 1, together
with the reasons for the closure.
(b) The location and acreage of land under its control
previously closed to hunting that the department opened to hunting
during the 1-year period ending the preceding March 1 to compensate
for land closed to hunting under subdivision (a).
(4) (2)
This section does not allow authorize the
department to promulgate a rule that applies to commercial fishing
except as otherwise provided by law.
(5) (3)
The department shall not promulgate or enforce a
rule that prohibits an individual who is licensed or exempt from
licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a
pistol in compliance with that act, whether concealed or otherwise,
on property under the control of the department.
(6) (4)
The department shall issue orders necessary to
implement rules promulgated under this section. These orders shall
be effective upon posting.
(7) (5)
A person who violates a rule promulgated under this
section or an order issued under this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.