324.95151. Definitions
3324.95153. Removal, capture, or destruction of gray wolf; powers and duties of livestock owner or agent; penalties; duties of department
324.95155. Operative effect and enforcement of act; determination; notice
324.95161. Definitions
324.95163. Removal, capture, or destruction of gray wolf preying upon dog; report of taking; retention of possession of wolf; response by department; penalties
324.95165. Promulgation of rules
324.95167. Operative effect and enforceability; conditions; notice
Sec. 1. As used in this act:
(a) “Department” means the department of natural resources.
(b) “Livestock” means those species of animals used for human food or fiber or those species of animals used for service to humans. Livestock includes, but is not limited to, cattle, sheep, new world camelids, goats, bison, privately owned cervids, ratites, swine, equine, poultry, aquaculture, and rabbits.
Credits
P.A.2008, No. 290, § 1, Imd. Eff. Oct. 6, 2008.
324.95153. Removal, capture, or destruction of gray wolf; powers and duties of livestock owner or agent; penalties; duties of department
Sec. 3.
(1) The owner of livestock or his or her designated agent may remove, capture, or, if deemed necessary, use lethal means to destroy a gray wolf that is in the act of preying upon the owner's livestock.
(2) The owner of the livestock or his or her designated agent shall report the taking of a gray wolf to a department official as soon as practicable, but not later than 12 hours after the taking. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.
(3) Except as otherwise provided in subsection (4), the owner of the livestock or his or her designated agent shall retain possession of a gray wolf taken until a department official is available to take possession of and transfer the gray wolf to the appropriate department personnel for examination. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.
(4) If lethal means are used to destroy a gray wolf, a person shall not move or disturb the deceased gray wolf until he or she takes photographs of the deceased gray wolf and of the area where lethal means were used to destroy the gray wolf. Copies of the photographs taken by the person may be requested by the department for examination. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.
(5) A department official shall respond to the scene where lethal means were used to destroy a gray wolf not later than 12 hours after a department official is notified under subsection (2).
(6) The owner of the livestock or his or her designated agent may report the taking of a gray wolf by utilizing the department's report all poaching hotline at 1-800-292-7800.
Credits
P.A.2008, No. 290, § 3, Imd. Eff. Oct. 6, 2008.
324.95155. Operative effect and enforcement of act; determination; notice
Sec. 5. (1) Sections 1 and 31 shall not be operational and enforceable until 1 of the following occurs:
(a) A final appellate court issues a decision overruling the decision of the United States district court for the District of Columbia in The Humane Society of the United States v Dirk Kempthorne, civil action no. 07-0677 (D.C.C. September 29, 2008),2 and permits the final rule of the United States fish and wildlife service in 72 FR p 6052 (February 8, 2007) removing gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 to take effect.
(b) The United States fish and wildlife service promulgates a final rule dated after March 12, 2007 that removes gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 and that final rule takes effect.
(2) Upon sections 1 and 3 becoming operational and enforceable pursuant to subsection (1), the department shall post a notice on the department's website that includes all of the following:
(a) The date sections 1 and 3 are operational and enforceable pursuant to subsection (1).
(b) A summary of the provisions of sections 1 and 3.
Credits
P.A.2008, No. 290, § 5, added by P.A.2008, No. 317, Imd. Eff. Dec. 18, 2008.
Sec. 1. As used in this act:
(a) “Department” means the department of natural resources.
(b) “Dog” includes a domesticated dog and a dog used for hunting.
Credits
P.A.2008, No. 318, § 1, Imd. Eff. Dec. 18, 2008.
324.95163. Removal, capture, or destruction of gray wolf preying upon dog; report of taking; retention of possession of wolf; response by department; penalties
Sec. 3.
(1) The owner of a dog or his or her designated agent may remove, capture, or, if deemed necessary, use lethal means to destroy a gray wolf that is in the act of preying upon the owner's dog.
(2) The owner of the dog or his or her designated agent shall report the taking of a gray wolf to a department official as soon as practicable, but not later than 12 hours after the taking. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.
(3) Except as otherwise provided in subsection (4), the owner of the dog or his or her designated agent shall retain possession of a gray wolf taken until a department official is available to take possession of and transfer the gray wolf to the appropriate department personnel for examination. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.
(4) If lethal means are used to destroy a gray wolf, a person shall not move or disturb the deceased gray wolf until a department official is available to take possession of and transfer the gray wolf to the appropriate department personnel for examination or until as otherwise directed by a department official. A person shall not disturb the area where lethal means were used to destroy a gray wolf until after an official investigation by the department is complete. If a dog is physically attacked or killed, a person who uses lethal means to destroy a gray wolf shall produce the dog that was attacked for inspection by department officials. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.
(5) A department official shall respond to the scene where lethal means were used to destroy a gray wolf not later than 12 hours after the department official is notified under subsection (2).
(6) The owner of the dog or his or her designated agent may report the taking of a gray wolf by utilizing the department's report all poaching hotline at 1-800-292-7800.
Credits
P.A.2008, No. 318, § 3, Imd. Eff. Dec. 18, 2008.
324.95165. Promulgation of rules
Sec. 5. The department may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Credits
P.A.2008, No. 318, § 5, Imd. Eff. Dec. 18, 2008.
324.95167. Operative effect and enforceability; conditions; notice
Sec. 7.
(1) Sections 1 to 51 shall not be operational and enforceable until 1 of the following occurs:
(a) A final appellate court issues a decision overruling the decision of the United States district court for the District of Columbia in The Humane Society of the United States v Dirk Kempthorne, civil action no. 07-0677 (D.C.C. September 29, 2008),2 and permits the final rule of the United States fish and wildlife service in 72 FR p 6052 (February 8, 2007) removing gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 to take effect.
(b) The United States fish and wildlife service promulgates a final rule dated after March 12, 2007 that removes gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 and that final rule takes effect.
(2) Upon sections 1 to 5 becoming operational and enforceable pursuant to subsection (1), the department shall post a notice on the department's website that includes all of the following:
(a) The date sections 1 to 5 are operational and enforceable pursuant to subsection (1).
(b) A summary of the provisions of sections 1 to 5.
Credits
P.A.2008, No. 318, § 7, Imd. Eff. Dec. 18, 2008.