Mich. Comp. Laws § 324.40103

Current through Public Act 149 of the 2024 Legislative Session
Section 324.40103 - Definitions; G to R; "conservation" defined
(1) "Game" means any species of wildlife designated by the legislature or the commission as game under section 40110 and any of the following animals but does not include privately owned cervidae species located on a cervidae livestock facility registered under the privately owned cervidae producers marketing act, 2000 PA 190, MCL 287.951 to 287.969:
(a) Badger.
(b) Bear.
(c) Beaver.
(d) Bobcat.
(e) Brant.
(f) Coot.
(g) Coyote.
(h) Crow.
(i) Deer.
(j) Duck.
(k) Elk.
(l) Fisher.
(m) Florida gallinule.
(n) Fox.
(o) Geese.
(p) Hare.
(q) Hungarian partridge.
(r) Marten.
(s) Mink.
(t) Moose.
(u) Muskrat.
(v) Opossum.
(w) Otter.
(x) Pheasant.
(y) Quail.
(z) Rabbit.
(aa) Raccoon.
(bb) Ruffed grouse.
(cc) Sharptailed grouse.
(dd) Skunk.
(ee) Snipe.
(ff) Sora rail.
(gg) Squirrel.
(hh) Virginia rail.
(ii) Weasel.
(jj) Wild turkey.
(kk) Wolf.
(ll) Woodchuck.
(mm) Woodcock.
(2) "Interim order of the department" means an order of the department issued under section 40108.
(3) "Kind" means an animal's sex, age, or physical characteristics.
(4) "Normal agricultural practices" means generally accepted agricultural and management practices as defined by the commission of agriculture and rural development.
(5) "Open season" means the dates during which game may be legally taken.
(6) "Parts" means any or all portions of an animal, including the skin, plumage, hide, fur, entire body, or egg of an animal.
(7) "Protected" or "protected animal" means an animal or kind of animal that is designated by the department as an animal that shall not be taken.
(8) "Residence" means a permanent building serving as a temporary or permanent home. Residence may include a cottage, cabin, or mobile home, but does not include a structure designed primarily for taking game, a tree blind, a tent, a recreational or other vehicle, or a camper.
(9) "Conservation" means the wise use of natural resources.

MCL 324.40103

Amended by 2016, Act 382,s 1, eff. 12/22/2016.
Amended by 2014, Act 281,s 1, eff. 3/31/2015.
Amended by 2013, Act 21,s 1, eff. 5/8/2013.
Amended by 2012, Act 520,s 1, eff. 12/28/2012.
Add. 1995, Act 57, Imd. Eff. 5/24/1995 ;--Am. 1998, Act 86, Imd. Eff. 5/13/1998 ;--Am. 1999, Act 66, Imd. Eff. 6/25/1999 ;--Am. 2000, Act 191, Eff. 6/1/2001.
Enacting section 1 of 2014, Act 281, provides: "This act reenacts all or portions of 2012 PA 520, 2013 PA 21, 2013 PA 22 and 2013 PA 108. If any portions of 2012 PA 520 or 2013 PA 21 or 2013 PA 22 or 2013 PA 108 not amended by this act are invalidated pursuant to referendum or any other reason, then any such invalidated portions of 2012 PA 520, 2013 PA 21, 2013 PA 22 and 2013 PA 108 which are otherwise included in this act, shall be deemed to be reenacted pursuant to this act."

Enacting section 2 of 2014, Act 281, provides: "If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act."

Public Act 281 of 2014 was proposed by initiative petition pursuant to Const 1963, art II, § 9. The initiative petition was approved by an affirmative vote of the majority of the Senate on August 13, 2014 and by the House of Representatives on August 27, 2014. The initiative petition was filed with the Secretary of State on August 27, 2014.

The amendment to section 324.40103 by 2004, Act 160, s 1, eff. 6/18/2004, was rejected by public referendum at the November 2006 general election.