HOUSE BILL No. 4340

 

 

March 12, 2019, Introduced by Reps. Reilly, Slagh, Howell and LaFave and referred to the Committee on Natural Resources and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 40112 (MCL 324.40112), as amended by 2015 PA

 

12.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40112. (1) An individual shall not obstruct or interfere

 

in the lawful taking of animals or fish by another individual.

 

     (2) An individual violates this section when if the individual

 

intentionally or knowingly does any of the following:

 

     (a) Drives or disturbs animals or fish for the purpose of

 

disrupting a lawful taking.

 

     (b) Blocks, impedes, or harasses another individual who is

 

engaged in the process of lawfully taking an animal or fish.

 

     (c) Uses a natural or artificial visual, aural, olfactory,

 


gustatory, or physical stimulus or an unmanned vehicle or unmanned

 

device that uses aerodynamic forces to achieve flight or that

 

operates on the surface of the water or underwater, to affect

 

animal or fish behavior in order to hinder or prevent the lawful

 

taking of an animal or a fish.

 

     (d) Erects barriers to deny ingress or egress to areas where

 

the lawful taking of animals or fish may occur. This subdivision

 

does not apply to an individual who erects barriers to prevent

 

trespassing on his or her property.

 

     (e) Interjects himself or herself into the line of fire of an

 

individual lawfully taking wildlife.

 

     (f) Affects the condition or placement of personal or public

 

property intended for use in the lawful taking of an animal or a

 

fish in order to impair the usefulness of the property or prevent

 

the use of the property.

 

     (g) Enters or remains upon private lands without the

 

permission of the owner or the owner's agent, for the purpose of

 

violating this section.

 

     (h) Photographs, videotapes, audiotapes, or otherwise records

 

an individual who is lawfully taking an animal or fish with the

 

intent to harass that individual.

 

     (i) (h) Engages in any other act or behavior for the purpose

 

of violating this section.

 

     (3) Upon petition of an aggrieved person or an individual who

 

reasonably may be aggrieved by a violation of this section, a court

 

of competent jurisdiction, upon a showing that an individual was

 

engaged in and threatens to continue to engage in illegal conduct


under this section, may enjoin that conduct.

 

     (4) An individual who violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not less than $500.00 or more than $1,000.00, or both,

 

and the costs of prosecution. An individual who violates this

 

section a second or subsequent time is guilty of a misdemeanor

 

punishable by imprisonment for not more than 1 year or a fine of

 

not less than $1,000.00 or more than $2,500.00, or both, and the

 

costs of prosecution. In addition to the penalties provided for in

 

this subsection, any permit or license issued by the department

 

authorizing the individual to take animals or fish shall must be

 

revoked. A prosecution under this section does not preclude

 

prosecution or other action under any other criminal or civil

 

statute.

 

     (5) This section does not apply to a peace officer while the

 

peace officer performs his or her lawful duties.