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
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.
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
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.
(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
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
(5) This section does not apply to a peace officer while the
peace officer performs his or her lawful duties.