HB 5645

substitute for
House BILL NO. 5645
A bill to amend 2000 PA 190, entitled
"Privately owned cervidae producers marketing
act,"
by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
14, and 17 (MCL 287.952, 287.953, 287.954, 287.955, 287.956, 287.957, 287.958,
287.959, 287.960, 287.961, 287.964, and 287.967), as amended by 2006 PA 561.
the peoplE of the state of michigan enact:
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Sec. 2. As used in this act:
(a) "Biosecurity" means measures, actions, or precautions
taken to prevent the transmission of disease in, among, or between free-ranging
and privately owned cervidae species.
(b) (a) "Business
plan" means a written document of intent that a person submits to the
department that defines the methods,
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protocols,
or procedures that the person intends on implementing to be in compliance with
this act.
(b) "Biosecurity" means measures, actions, or
precautions taken to prevent the transmission of disease in, among, or between
free-ranging and privately owned cervidae species.
(c) "Cervidae
livestock facility" means a privately owned cervidae livestock operation
on privately controlled lands capable of holding cervidae species.
(d) "Cervidae
livestock operation" means an operation that contains 1 or more privately
owned cervidae species involving the producing, growing, propagating, using,
harvesting, transporting, exporting, importing, or marketing of cervidae species
or cervidae products under an appropriate registration.
(e) "Cervidae
products" means any products, co-products, or by-products of cervidae,
including antler, antler velvet, meat, or any part of the animal.
(f) "Cervidae
species" means members of the cervidae family,
including, but not limited to, deer, elk, moose, reindeer, and caribou.
(g)
"Department" means the Michigan department
of natural resources.agriculture and rural development.
(h)
"Director" means the director of the Michigan
department of natural resources or his or her the director's
designee.
(i)
"Farm" or "farm operation" means those terms as defined in
the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(j)
"Flush" or "flushed" means to move or chase from a cervidae
livestock facility.
(k)
"Identify" means any documentable system or process that allows a
person to recognize as separate or different an individual
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animal.
(l) "Law enforcement officer"
means a person an
individual appointed by the state or a local governmental unit who is
responsible for the enforcement of the criminal laws of this state.
(m)
"Owner" means the person who that owns or is responsible for a cervidae livestock
operation.
(n)
"Person" means an individual, corporation, limited liability
corporation, partnership, association, joint venture, or other legal entity.
(o)
"Release" means to cause or allow an animal to become located outside
the perimeter fence of a cervidae livestock facility not under the direct
control of the owner.
Sec. 3. (1) The
department shall administer this act . The departments of agriculture and environmental
quality shall provide consultation.
(2) The department of agriculture and may conduct activities designed to develop and
assist the cervidae industry in the manner provided for by law. The department may consult with the department of natural
resources and the department of environment, Great Lakes, and energy to
administer this act.
Sec. 4. (1) A cervidae livestock operation is an
agricultural enterprise and is considered to be part of the farming and
agricultural industry of this state. The director of
the department of agriculture shall assure ensure that cervidae livestock operations are
afforded all rights, privileges, opportunities, and responsibilities of other
agricultural enterprises.
(2) Cervidae
livestock operations are a form of agriculture. Cervidae livestock facilities
and their equipment are considered to be agricultural facilities and equipment.
Uses related to the
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farming
of cervidae are considered agricultural uses.
(3) Cervidae
products and cervidae species lawfully produced, purchased, possessed, or
acquired from within this state or imported into this state are the exclusive
and private property of the owner.
(4) An owner
harvesting privately owned cervidae species from a registered cervidae
livestock facility is exempt from possession limits and closed seasons
involving cervidae imposed in parts 401, 411, and 427 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40120,
324.41101 to 324.41105, and 324.42701 to 324.42714. This act does not give a
cervidae livestock operation authority to take free-ranging animals in
violation of the natural resources and environmental protection act, 1994 PA
451, MCL 324.101 to 324.90106, unless under a permit issued by the department of natural resources.
(5) Any movement,
importing, or exporting of cervidae species or cervidae products shall must be in
compliance with the animal industry act, 1988 PA 466, MCL 287.701 to 287.745.287.746.
Sec. 5. (1) A person shall not possess cervidae or
engage in a cervidae livestock operation unless he
or she the person obtains from the
department a cervidae livestock facility registration or unless otherwise
exempt by rule or law. If the activity in which the cervidae livestock facility
is engaged is required to be regulated under any other act, registration under
this act does not exempt the person or cervidae livestock facility from
requirements imposed under any local, state, or federal regulation. Zoos
accredited under the American zoological
association Zoological Association or
other accreditations or standards determined appropriate by and acceptable to
the department are exempt from
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this
act.
(2) A person
registered under this act shall keep and maintain records of production,
purchases, or imports in order to establish proof of ownership and shall keep any other records required under
standards incorporated by reference under section 6. A person transporting that
transports cervidae species shall produce documentation that contains
the origin of shipment, registration or permit copies or documentation,
documentation demonstrating shipping destination, and any other proof that may
be required under the animal industry act, 1988 PA 466, MCL 287.701 to 287.745, upon 287.746, on
demand of the director or a law enforcement officer.
(3) Until July 1, 2008, a cervidae livestock facility registered
prior to the effective date of the amendatory act that added this subsection
must comply with the facility standards contained in "Operational
Standards for Registered Privately Owned Cervid Facilities", published by
the Michigan department of agriculture, (May 2000). A April 1, 2028, a cervidae livestock facility in
existence on or before the effective date of the 2026 amendatory
act that added amended
this subsection shall be in compliance with 1
of the following:
(a) The facility
standards, by July
1, 2008, which are contained in "Operational Standards for
Registered Privately Owned Cervidae Facilities" published by the Michigan
department of natural resources, (revised December 2005), adopted by the
Michigan commission of agriculture on January 9, 2006, and adopted by the
natural resources commission on January 12, 2006, and are incorporated by
reference.
(b) The updated version of the facility standards adopted by
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the department under section 6(1).
(4) Beginning April 1, 2028, a cervidae livestock facility shall be in
compliance with the updated version of the facility standards adopted by the
department under section 6(1).
Sec. 6. (1) The initial application to construct a
cervidae livestock facility shall must be accompanied by the application fee described
in section 8. The department shall approve, deny, or propose a modification to
the completed application within 60 days. The Until 1 year after the effective date of the 2026 amendatory
act that amended this section, the department shall utilize the
standards contained in "Operational Standards for Registered Privately
Owned Cervidae Facilities", published by the Michigan department of
natural resources, (revised December 2005), adopted by the Michigan commission
of agriculture on January 9, 2006, and adopted by the natural resources
commission on January 12, 2006, and incorporated by reference, to evaluate the
issuance, construction, maintenance, administration, and renewal of a
registration issued under this act. The Not later than 1 year after the effective date of the 2026 amendatory
act that amended this section, the department,
after consultation with the department of
agriculture and with concurrence of in
consultation with the department of natural resources and the
commissions of natural resources and agriculture,
may, by amendment of this act, amend or shall update the standards adopted in this
subsection. Before issuing any registration under this act, the director shall
verify, through written confirmation, both of the following:
(a) The department, in consultation with the department of natural resources, has approved the method used to
flush any free-ranging cervidae species from the facility, if applicable, and
all
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free-ranging
cervidae species have actually been flushed.
(b) The department, in consultation with the department of natural resources, has determined that the size
and location of the facility will not place unreasonable stress on wildlife
habitat or migration corridors.
(2) As part of the
initial application or the application to modify a cervidae livestock facility,
the applicant for registration shall submit a business plan complying that complies with
the standards established under this section that and includes all of the following:
(a) The complete
address of the proposed cervidae livestock facility and the size of, the
location of, and a legal description of the lands on which the cervidae
livestock operation will be conducted.
(b) The number of
each cervidae species included in the proposed facility.
(c) Biosecurity
measures to be utilized, including, but not limited to, methods of fencing and
appropriate animal identification.
(d) The proposed
method of flushing wild cervidae species from the enclosure, if applicable.
(e) A
record-keeping system in compliance with this act and the operational standards
incorporated by reference in subsection (1).
(f) The method of
verification that all free-ranging cervidae species have been removed.
(g) The current
zoning of the property proposed as a cervidae livestock facility and whether
the local unit or units of government within which the cervidae livestock
facility will be
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located
has an ordinance regarding fences.
(h) A disease herd
plan in compliance with the operational standards incorporated by reference in
subsection (1) to be approved by the state veterinarian under the animal
industry act, 1988 PA 466, MCL 287.701 to 287.745.287.746.
(i) Any other
information considered necessary by the department.
(3) Upon receipt of an application, the director shall
forward 1 copy each to the departments of agriculture and environmental
quality. Upon On receipt of an
application, the department shall send a written notice to the local unit or
units of government within which the proposed cervidae livestock facility will
be located unless the department determines, from information provided in the
application, that the local unit of government has a zoning ordinance under
which the land is zoned agricultural. The local unit or units of government may
respond, within not
later than 30 days of after receipt of the written notice, indicating
whether the applicant's cervidae livestock facility would be in violation of
any ordinance.
(4) The department
shall not issue an initial cervidae livestock facility registration or
modification unless the application demonstrates all of the following:
(a) The cervidae
livestock facility has been inspected by the director and he or she has determined the
director determined that the cervidae livestock facility meets the
standards and requirements prescribed by and adopted under this act, complies
with the business plan submitted to the department, and determines that there
are barriers in place to prevent the escape of cervidae species and prevent the
entry of wild cervidae species. A renewal
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or
initial applicant must provide a perimeter fence in compliance with the
operational standards incorporated by reference under subsection (1).
(b) The method for
individual animal identification complies with the standards incorporated by
reference under this section.
(c) The applicant
has all necessary permits that are required under part
31 regarding water resources protection, part 301 regarding inland lakes and
streams, and part 303 regarding wetland protection parts 31, 301, and 303 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.3101 to 324.3133, 324.3134, 324.30101
to 324.30113, and 324.30301 to 324.30323, 324.30328, and any other permits or authorizations
that may be required by law.
(5) Beginning the effective date of the amendatory act that
added this subsection, the The department
shall issue an initial registration or modification registration allowing an
expansion of an existing cervidae livestock facility
not later than 120 days after the applicant files a completed application.
Renewal applications shall must be issued not later than 60 days after the
applicant files a completed application. Receipt of the application is
considered the date the application is received by the department. If the
application is considered incomplete by the department, the department shall
notify the applicant in writing, or make the information electronically
available, within not
later 30 days after receipt of the incomplete application, describing
the deficiency and requesting the additional information. The determination of
the completeness of an application does not operate as an approval of the
application for the registration and does not confer eligibility upon on an
applicant determined
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otherwise
ineligible for issuance of a registration. The 120-day period is tolled under
any of the following circumstances:
(a) Notice sent by
the department of a deficiency in the application until the date all of the
requested information is received by the department.
(b) The time period
during which required actions are completed that include, but are not limited
to, completion any
of the following:
(i) Completion of construction or renovation of the
facility. ;
mandated
(ii) Mandated reinspections if by the department. ; other
(iii) Other inspections if required by any state,
local, or federal agency. ; approval
(iv) Approval by the legislative body of a local unit of
government. ; or
other
(v) Other actions mandated by this act or as
otherwise mandated by law or local ordinance.
(6) If the
department fails to issue or deny a registration within the time required by
this subsection, section,
the department shall return the registration fee and shall reduce the registration fee for the
applicant's next renewal application, if any, by 15%. The failure to issue a
registration within the time required under this section does not allow the
department to otherwise delay the processing of the application, and that
application, upon on
completion, shall must be placed in sequence with other completed
applications received at that same time. The department shall not discriminate
against an applicant in the processing of the application based upon on the fact
that the registration fee was refunded or discounted under this subsection.
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(7) Upon On receipt of
a denial under this section and without filing a second application, the
applicant may request in writing and, if requested, the department shall
provide an informal review of the application. The
review shall include the applicant, the department, and the departments of
agriculture and environmental quality, if applicable. After the informal
review, if the director determines that the proposed cervidae livestock
facility or cervidae livestock operation complies
with the requirements of this act, the director shall issue a registration within not later than 30
days after the applicant notifies the department of completion of the cervidae livestock facility. After the informal
review, if the director determines that the proposed cervidae livestock
facility or cervidae livestock operation does
not comply with the requirements of this act, the director shall affirm the
denial of the application in writing and specify the deficiencies needed to be
addressed or corrected in order for a registration to be issued. The applicant
may waive the informal review of the application.
(8) As used in this
subsection, "completed application" means an application complete on
its face and submitted with any applicable registration fees as well as any
other information, records, approval, security, or similar item required by law
or rule from a local unit of government, a federal agency, or a private entity
but not from another department or agency of the this state. of Michigan.
Sec. 7. (1) At the time the construction of the
cervidae livestock facility is completed, the applicant shall notify the
department in writing. That The written notice shall
certify certifies that, to the best of
the applicant's knowledge, the cervidae livestock facility has been is constructed
in compliance
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with
the requirements of the United States Department of
Agriculture's federal captive cervid program or the requirements of this
act and in compliance with the standards for
cervidae livestock facilities. Within Not later than 30 days after notification of the
completion of the cervidae livestock facility, the
proposed cervidae livestock facility must be inspected by the United States
Department of Agriculture to determine compliance with the federal captive
cervid program or by the director shall
inspect the cervidae livestock facility. to
determine compliance with the requirements of this act. Compliance with the
United States Department of Agriculture federal captive cervid program
constitutes compliance with the requirements of this act. If the United States Department of Agriculture or the director
determines that the proposed cervidae livestock facility conforms to standards
prescribed by and adopted under the federal captive
cervid program or this act, the director shall issue a registration within not later than 30
days after completion of an inspection. finding that the cervidae livestock facility conforms to
this act. The time periods described in this subsection may be extended
by the department only if the department is unable to verify the removal of
wild cervidae species, for an act of God, or in accordance with section 6(5)(a)
or (b).
(2) If the United States Department of Agriculture or the director
determines that a proposed cervidae livestock facility does not comply with the
requirements of the federal captive cervid program or this
act, the director shall deny the application for registration. The department
shall notify in writing an applicant in writing of the reasons for a registration denial within not later than 60
days after receipt of the completed application. The
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notice
shall must specify
in writing the deficiencies to be corrected in order for a registration to be
issued.
(3) Without filing
a second application under this section, an applicant may request a second
inspection after the specified deficiencies have
been are corrected. The department is
not required to make more than 2 preregistration inspections of the same
proposed cervidae livestock facility per application.
(4) Upon On receipt of
a second denial under this section and without filing a second application, the
applicant may request in writing and, if requested, the department shall
provide an informal review of the application. The
review shall include the applicant, the department, and the departments of
agriculture and environmental quality, if applicable. After the informal
review, if the director determines that the proposed cervidae livestock
facility complies with the requirements of this act, the director shall issue a
registration within not later than 30 days after the informal review.
After the informal review, if the director determines that the proposed
facility does not comply with the requirements of this act, the director shall
affirm the denial of the application in writing and specify the deficiencies
needed to be addressed or corrected in order for a registration to be issued.
The applicant may waive the informal review of the application.
(5) The applicant
may request a hearing pursuant to in accordance with the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328, on a denial of a registration or upon on any
limitations placed upon on the issuance of a registration.
(6) The department
shall not return a registration fee or a portion of a registration fee to an
applicant if a registration is denied.
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Sec. 8. (1) A registration issued by the department is issued for 3 years valid
for 1 year and shall must contain the following information:
(a) The
registration number, class, date of issuance, and expiration date.
(b) The cervidae
species involved in the cervidae livestock facility.
(c) The complete
name, business name, business address, and telephone number of the cervidae
livestock facility registration holder.
(d) The complete
address of the cervidae livestock facility location, including the county,
township, and section, and shall must also include the size of the facility.
(e) The complete
name, address, and telephone number of the department
of natural resources department's contact
person regarding cervidae livestock operations.
(f) Any other
information provided in the application.
(2) The department
shall issue to a person meeting that meets the requirements of this act a
registration to operate a cervidae livestock facility. The department may
provide limited registration classes. Beginning the
effective date of the amendatory act that added this sentence, December 29, 2006, the department shall not issue an
initial registration for a class I (hobby) but may renew the registration of
any class I (hobby) that is was in existence on the
effective date of that amendatory act.December
29, 2006.
(3) The department
shall charge a nonrefundable application fee of $250.00 for an initial
application and the following initial inspection fees:
(a) For facilities containing 40 acres or less
$
250.00.
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(b) For facilities greater than 40 acres
$
500.00.
(4) The fee for a
second inspection of a cervidae livestock facility conducted under section 7(3)
is $100.00.
(5) The department
shall charge the following fees for initial and renewal applications for
cervidae facilities:
(a) Class I (hobby) renewal
$
450.00.$150.00.
(b) Class II (exhibition)
$
450.00.$150.00.
(c) Class III (ranch)
$
750.00.$250.00.
(d) Full registration
$
750.00.$250.00.
(6) Application for
renewal of a registration shall must be submitted not later than 60 days before
expiration of the current registration. Each renewal registration shall be issued for a period of 3 years from is valid for 1 year after the expiration date of the
previous registration. The fees for initial and
renewal applications described in subsections (3) and (5) are due to the
department not later than May 1 each year.
(7) Failure of the
department to process a renewal application that was submitted in a timely and
complete manner operates to extend the current registration until such time as
the department completes the processing.
(8) Unless
otherwise indicated in writing by the department at the time the department
sends a registered facility its renewal application, there is a presumption
that the department shall renew the registration upon
on timely submission of the completed
renewal application and registration fee.
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(9) The fees collected under this section must be deposited into the agriculture
licensing and inspection fees fund created in section 9 of the insect pest and
plant disease act, 1931 PA 189, MCL 286.209.
Sec. 9. (1) A registered cervidae livestock facility
shall apply for a modification of the cervidae livestock facility registration
if any changes to the information on the registration have occurred or will
occur. Except for registrations approved under subsection (2)(a), expiration
dates shall do not
change for approved modifications.
(2) A completed
modification application shall must be submitted and approved by the department
before any of the following changes occur:
(a) A change in
registration class.
(b) A modification
to the size of a cervidae livestock facility.
(3) A modification
application submitted under subsection (2)(a) shall
must include the appropriate fee for the
new class. If approved by the department, the registration expires 3 years from 1 year after
the new date of issuance.
(4) A modification
application submitted under subsection (2)(b) shall
must include the submission of a
modification application fee of $100.00.
(5) A modification
application shall must
be submitted within not later than 30 days after any of the following
changes have occurred:occur:
(a) A change to the
complete name, business name, business address, or telephone number of the
current cervidae livestock facility registration holder.
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(b) A change to the
complete address of the cervidae livestock facility location.
(c) A sale or
transfer of ownership of a cervidae livestock facility. The modification
application shall must
include a written statement signed by the new and previous owner verifying that verifies the
sale or transfer of ownership.
(d) The
introduction of new species into a cervidae livestock facility.
(6) A registrant
may request decommissioning of a cervidae livestock facility. The
decommissioning of a cervidae livestock facility shall
must be in compliance with the
operational standards incorporated by reference under section 6(1) and upon on approval
by the department, unless there is a risk to the environment and to the health
of other free-ranging animals in the area in the removal of fencing and other
barriers. Not later than 1 year after the effective date of the
2026 amendatory act that added this sentence, the department of natural
resources shall complete an audit of all expired and actively decommissioning cervidae
livestock facilities and share the results of the audit with the department.
The department of natural resources is responsible for the decommissioning of
cervidae livestock facilities that begins on or before the effective date of
the 2026 amendatory act that added this sentence.
Sec. 10. The director shall enter into a memorandum of
understanding with the department of agriculture for
approving disease herd plans and determining compliance by persons engaged in
cervidae livestock operations, applicants, and registered natural resources to
accomplish the following purposes:
(a) Decommissioning cervidae livestock facilities. with this
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act and investigation of violations of
this act.
(b) Approving cervidae livestock facilities, including location and
size.
(c) Reviewing the impacts of cervidae livestock facilities on habitats
and wildlife migration patterns.
(d) Approving methods used to flush any free-ranging cervidae species.
(e) Approving methods used to confirm successful flushing of any
free-ranging cervidae species.
(f) Any other purpose considered necessary by the department.
Sec. 11. After flushing cervidae species in an approved
manner, any cervidae species remaining in the cervidae livestock facility must
be killed by or under the authority of the registrant pursuant to in accordance
with an appropriate permit issued by the department of natural resources. A person shall reimburse the state of Michigan department
$250.00 per individual cervid that must be killed under the
appropriately issued permit to meet the requirements of this section.
Sec. 14. (1) After an opportunity for an administrative
hearing, the department may deny, suspend, revoke, or limit a registration if
the applicant or registrant fails to comply with this act, standards adopted or
established under this act, or orders issued by the director as a result of an
administrative action or informal departmental review conducted under this act.
(2) In addition to
the provisions contained in subsection (1), the department may deny the
issuance of a registration, modification, or an application for decommission or
may suspend or revoke a registration if the department, in consultation with the department of
agriculture
or the department of environmental
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quality, or both, natural resources
and the department of environment, Great Lakes, and energy, determines that based upon on substantial
scientific evidence, the issuance of a registration or approval of decommission
will cause, or is likely to cause, an unreasonable or adverse effect upon on the
environment or upon wildlife which that cannot
be remedied by, or is not addressed by, the existing standards under this act.
(3) Except in the
case of an informal departmental review, the department shall conduct an
administrative proceeding under this act pursuant
to in accordance with the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 17. (1) A person shall not release or allow the
release of any cervidae species from a cervidae livestock facility. This
section does not prohibit the sale, breeding, marketing, exhibition, or other
approved uses of cervidae species in the manner provided for by law. An animal
that escapes from a facility is considered to be public property if the
operator of a cervidae livestock facility does not notify the department in
compliance with the standards established under this act.
(2) An owner shall
not abandon a registered cervidae livestock facility without first notifying
the department and the Michigan department of
agriculture in compliance with the standards established under this act.
(3) A person shall
not intentionally or knowingly do either or both of the following:
(a) Cause the
ingress of free-ranging cervidae species into a registered cervidae livestock
facility.
(b) Release or
allow the release of any cervidae species from a registered
cervidae livestock facility.
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(4) A person violating that violates subsection
(1) is guilty of a misdemeanor punishable as follows:
(a) For a first offense, by a fine of not more than $300.00 or imprisonment of for not more
than 90 days, or both. , for a first offense and is guilty of a misdemeanor
punishable
(b) For a second or subsequent offense, by a fine of not more than $1,000.00, or
imprisonment for not more than 1 year, or both. , for a second or subsequent offense.
(5) A person that intentionally or knowingly violating violates subsection
(2) or (3) or
violating subsection (2) is guilty of a felony.
Enacting section 1.
This amendatory act takes effect 1 year after the date it is enacted into law.