SB-1085, As Passed House, December 11, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1085

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 40107a (MCL 324.40107a), as amended by 2003 PA

242.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 40107a. (1) The department shall issue an order in the

manner provided in section 40107(2) establishing a season or

seasons for falconers to take not more than a total of 25 live

raptors per year from any combination of red-tailed hawks (Buteo

jamaicensis), Cooper's hawks (Accipiter cooperii), American

kestrels (Falco sparverius), and sharp-shinned hawks (Accipiter

striatus), for use in falconry. In addition to these 25 raptors,

the order shall allow the issuance of 2 permits annually to take

northern goshawks (Accipiter gentilis) during the fall passage

Senate Bill No. 1085 (S-1) as amended December 11, 2008

season for use in falconry. Each permit for northern goshawks shall

allow the taking of 1 live bird. The order shall designate the

numbers of raptors that may be taken and possessed and any other

conditions pertaining to the taking and possession of raptors that

the department considers advisable.

     (2) The order shall prohibit the taking of raptors on national

lakeshores and national recreation areas and all state lands. The

order shall require licensed falconers to contact property owners

or land managers and obtain written permission before making direct

contact with any raptor nest. The order shall provide that only

licensed falconers may have direct contact with the raptor nest and

that a licensed falconer shall leave in a nest a minimum of 2

healthy young raptors. A licensed falconer shall report the nest

location from which a raptor is taken by county, township, range,

and section to the department within 5 business days after the

raptor is taken. Within 1 year of the issuance of the order, the

department shall establish a public education program regarding

raptors and shall institute a study to establish survey protocols

to monitor raptor populations likely to be used for falconry

purposes.

(2) (3) This section does not, and an order issued under this

section shall not, designate any species of raptor as game. This

section does not prohibit the department from determining that any

species of raptor is a protected animal.

     (4) This section is repealed effective January 4, 2009.

     [Enacting section 1. This amendatory act does not take effect

 unless House Bill No. 5741 of the 94th Legislature is enacted into law.]