THE WILDLIFE CONSERVATION ORDER

Chapter I

Title and Definitions

1.1 Short title.

Sec. 1.1 This order shall be known and may be cited as "the wildlife conservation order."

History: Eff. Mar 31, 1989; Am. 1, 1994, Eff. Sep 1, 1994; Am. 9, 1995, Eff. Jan 1, 1996.

1.2 Meanings of words and phrases.

Sec. 1.2 For the purpose of this order, the words and phrases defined in part 3, definitions, Act No. 451 of the Public Acts of 1994, as amended, being section 324.301 of the Michigan Compiled Laws, part 401, wildlife conservation, Act No. 451 of the Public Acts of 1994, as amended, being sections 324.40101 to 324.40119 of the Michigan Compiled Laws, and part 435, hunting and fishing licenses, Act No. 451 of the Public Acts of 1994, as amended, being sections 324.43501 to 324.43561 of the Michigan Compiled Laws, and in sections 1.2a to 1.12c of this order shall have the meanings ascribed to them in those sections.

History: Eff. Mar 31, 1989; Am. 3, 1997, Eff. Jun 1, 1997; Am. 10, 2001, Eff. Jul 1, 2001; Am. 8, 2002, Eff. Jun 8, 2002.

1.2a Immediate family and immediate family member defined.

Sec. 1.2a "Immediate family" or "immediate family member" means the grandparents, parents, spouse, brothers, sisters, children and grandchildren of a person and also includes such adopted relationships, such parent-child and sibling relationships resulting from remarriage, and any minor children residing in the household of the person.

History: Am. 2, 1993, Eff. Sep 1, 1993.

1.2b Migratory game bird defined.

Sec. 1.2b "Migratory game bird" means a bird as defined by 50 C.F.R. §20.11 (1988).

History: Am. 2, 1993, Eff. Sep 1, 1993.

1.2c Raptor defined.

Sec. 1.2c “Raptor” means a live migratory bird of the family Accipitridae other than a bald eagle, or of the family Falconidae, or the great horned owl (Bubo virginianus) or snowy owl (Nyctea scandiaca) of the family Strigidae.

History: Am. 1, 1997, Eff. May 1, 1997.

1.3 Zone 1 defined.

Sec. 1.3 "Zone 1" means all of the Upper Peninsula.

History: Eff. Mar 31, 1989.

1.4 Zone 2 defined.

Sec. 1.4 "Zone 2" means all of that part of the Lower Peninsula north of a line beginning at the Michigan-Wisconsin boundary line due west of the lake Michigan shoreline which is north of Muskegon lake and due west of the western terminus of Memorial drive at Scenic drive in Muskegon county, then easterly to said western terminus of Memorial drive at Scenic drive, easterly on Memorial drive to Ruddiman drive, northeasterly on Ruddiman drive to Lake avenue, northeasterly on Lake avenue to highway M-120 (also known as Holton road) in North Muskegon, northeasterly and then northerly on highway M-120 to highway M-20, easterly on highway M-20 to highway business route US-10 in the city of Midland, easterly on combined highway M-20 and highway business route US‑10 to highway US-10 at the Midland-Bay county line, easterly on highway US-10 to Garfield road in Bay county, northerly on Garfield road to Pinconning road, easterly on Pinconning road to Seven mile road, northerly on Seven mile road to the Bay-Arenac county line (where Seven mile road changes name to Lincoln school road), northerly on Lincoln school road (also known as county road 25) in Arenac county to highway M-61, easterly on highway M-61 to highway US-23, northeasterly then easterly on highway US-23 to the center line of the Au Gres river, southerly along the center line of the Au Gres river to Saginaw bay of lake Huron, easterly 90° east for 7 miles into Saginaw bay, then northerly 78° east (dividing Arenac county islands from Huron county islands) to the international boundary line between the United States and the dominion of Canada.

History: Eff. Mar 31, 1989; Am. 14, 2000, Eff. Jul 14, 2000.

1.5 Zone 3 defined.

Sec. 1.5 "Zone 3" means all that part of the Lower Peninsula south of the line described in zone 2.

History: Eff. Mar 31, 1989.

1.6 Shotgun, handgun, black-powder firearms only area defined.

Sec. 1.6 "Shotgun, handgun, black-powder firearms only area" means that area south of a line beginning at a point on the Wisconsin-Michigan boundary line directly west of the west end of highway M-46; then east to M-46 and east along M-46 to its junction with freeway US-131; then south along freeway US-131 to M-57; then east along M-57 to its intersection with Montcalm road on the Kent-Montcalm county line; then south along that county line and the Ionia-Kent county line to its intersection with M-44; then east along M-44 to its intersection with M-66; then north along M-66 to its intersection with M-57; then east along M-57 to its intersection with M-52; then north along M-52 to its intersection with M-46; then east along M-46 to its intersection with M-47; then north along M-47 to its junction with US-10; then east along US-10 to its junction with I-75; then north along I-75 and US-23 to its junction with Beaver road, Kawkawlin township, Bay county; then east along Beaver road to Saginaw bay; then north 50o east to the international boundary with Canada.

History: Am. 1, 2002, Eff. Mar 31, 1989.

1.6a "Advanced illness" defined.

Sec. 1.6a "Advanced illness" means a medical or surgical condition with significant functional impairment that is not reversible by curative therapies and that is anticipated to progress toward death despite attempts at curative therapies or modulation, the time course of which may or may not be determinable through medical prognostication.

History: Am. 1, 2002, Eff. Feb 11, 2002.

1.7 Waterfowl hunting north zone defined.

Sec. 1.7 "Waterfowl hunting north zone" or "north zone" means all of the Upper Peninsula.

History: Eff. Mar 31, 1989.

1.8 Waterfowl hunting middle zone defined.

Sec. 1.8 "Waterfowl hunting middle zone" or "middle zone" means that area of the Lower Peninsula north of a line beginning at the Michigan-Wisconsin boundary line in Lake Michigan, due west of the mouth of Stoney creek in section 31, T14N R18W, Oceana county, then easterly and southerly along the south shore of Stoney creek to Scenic drive, easterly and southerly on Scenic drive to Stoney lake road in section 5, T13N R18W, Oceana county, easterly on Stoney lake and Garfield roads to highway M-20 (Hayes road) in section 33, T14N R17W, Oceana county, easterly on highway M-20 through Oceana, Newaygo, Mecosta, Isabella, and Midland counties to highway US-10 business route in the city of Midland, easterly on highway US-10 business route to highway US-10 at the Bay county line, easterly on highway US-10 to highway I-75/US-23, northerly on highway I-75/US-23 to the highway US-23 exit at Standish, easterly on highway US-23 to the center line of the Au Gres river, southerly along the center line of the Au Gres river to Saginaw bay of lake Huron, and from that point on a line directly east 10 miles into Saginaw bay, and from that point on a line directly northeast to the international boundary with Canada in Lake Huron.

History: Eff. Mar 31, 1989; Am. 14, 1996, Eff. Sep 1, 1996; Am. 6, 1997, Eff. Sep 1, 1997; Am. 13, 2001, Eff. Sep 1, 2001.

1.9 Waterfowl hunting south zone defined.

Sec. 1.9 "Waterfowl hunting south zone" or "south zone" means all of that area of the Lower Peninsula south of the line described in middle zone.

History: Eff. Mar 31, 1989; Am. 14, 1996, Eff. Sep 1, 1996.

1.10 Antlered deer defined.

Sec. 1.10 “Antlered deer” means a deer having at least 1 antler that extends 3 inches or more above the skull. For the purposes of determining if an antler extends 3 or more inches above the skull, the measurement shall be taken on the longest antler beginning at the line where the antler and pedicel join, along the back of the antler, following the curve, if any, to the tip of the longest antler point. For the purposes of this section, "pedicel" means the bone of the skull to which the antler is attached.

History:  Am. 15, 1998, Eff. Sep 10, 1998.

1.11 Antlerless deer defined.

Sec. 1.11 “Antlerless deer” means a deer without antlers or a deer with antlers where the longest antler extends less than 3 inches above the skull.

History:  Am. 15, 1998, Eff. Sep 10, 1998.

1.12a Crossbow defined.

Sec. 1.12a "Crossbow" means a weapon consisting of a bow mounted transversely on a stock or frame and designed to fire an arrow, bolt, or quarrel by the release of a bow string which is controlled by a mechanical or electric trigger and has a working safety and a draw weight of 100 pounds or greater.

History: Am. 10, 2001, Eff. Jul 1, 2001.

1.12b Physical therapist defined.

Sec. 1.12b "Physical therapist" means a person licensed to engage in the practice of physical therapy under article 15 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.16101 to 333.18838 of the Michigan Compiled Laws.

History: Am. 10, 2001, Eff. Jul 1, 2001.

1.12c Physician defined.

Sec. 1.12c "Physician" means a person licensed by the state to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, Act No. 368 of the Public Acts of 1978.

History: Am. 10, 2001, Eff. Jul 1, 2001.

Chapter II

General Hunting and Trapping Regulations

**Section 2.1 takes effect on March 6, 2009, and will remain in effect until March 6, 2012**

2.1 Taking of animals; prohibited methods, devices, and weapons; exceptions.

Sec. 2.1 Unless otherwise specified in this order, a person shall not do any of the following:

(1) Make use of a pit, pitfall, deadfall, scaffold, raised platform, tree, cage, snare, trap, net, baited hook, or similar device, or a drug, poison, anti-coagulant, smoke, gas, explosive, weasel, ferret, fitchew, arbalest, spear, or mechanical device, for the purpose of taking an animal or driving an animal out of their hole or home. For the purpose of this order, a mechanical device shall not be construed to mean a firearm, crossbow, slingshot, or bow and arrow. When used in this order, "raised platform" means a horizontal surface constructed or manufactured by a person that increases the field of vision of a person using the horizontal surface beyond the field of vision that would normally be attained by that person standing on the ground.

(2) Use in taking an animal, or have in the person's possession in an area frequented by animals, a semiautomatic shotgun or rifle other than .22 caliber rimfire, capable of holding more than six shells at one time in the magazine and barrel combined, or use a cartridge containing a tracer bullet, or a cartridge containing an explosive bullet, or a firearm capable of firing more than one shot with a single pull or activation of the trigger.

(3) During the five days immediately preceding November 15, transport or possess in an area frequented by deer a rifle or shotgun with buckshot, slug load, ball load, or cut shell. A person may transport a rifle or shotgun to or from a hunting camp if the rifle or shotgun is unloaded and securely encased or carried in the trunk of a vehicle. This section shall not prohibit a resident who holds a fur harvester's license from carrying a rimfire firearm .22 caliber or smaller while hunting or checking a trap line during the open season for hunting or trapping fur‑bearing animals.

(4) Use in hunting, or, subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, possess afield in an area inhabited by wild birds and animals within the "shotgun, handgun, black-powder firearms only area" from November 15 to November 30, or use to take a deer during any firearm deer season in the "shotgun, handgun, black-powder firearms only area," a firearm other than:

(a) A shotgun with a smooth or rifled barrel.

(b) A .35 caliber or larger pistol capable of holding no more than nine shells at one time in the barrel and magazine combined and loaded with straight-walled cartridges.

(c) A muzzle-loading rifle or black-powder pistol loaded with black-powder or a commercially manufactured black-powder substitute.

(5) Injure, destroy, or rob the eggs of birds protected by the laws of this state or this order, or molest, harass, or annoy those birds upon their nests.

(6) Possess or use an apparatus known as a silencer on a gun while hunting in this state.

(7) Make use of a sink box or battery as these devices are defined by the United States fish and wildlife service.

(8) Set afire or assist in setting afire a marshland or other lands for the purpose of driving out wild birds or wild animals, or take or attempt to take a wild bird or wild animal so driven out of a marshland or other land.

(9) Take any animal at any time other than during the hunting hours and open seasons established in this order, except as may otherwise be provided in chapter VI.

(10) Take in 1 day more than the daily limit, or possess at one time more than the possession limit, or possess on the first day of the open season more than the daily limit, or possess more than the season limit of any animal.

(11) Destroy, disturb, or molest at any time any bear, beaver, muskrat, raccoon, squirrel, mink, badger, or rabbit house, hole, burrow, nest, dam, or den which may be used by such animals.

(12) Make use of a dog in hunting deer except that a dog may be used to locate a down and mortally wounded deer if the dog is kept on a leash and, subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, none of the persons in attendance possess a firearm, crossbow, or bow and arrow. If the tracking is done at night, artificial lights ordinarily carried in the hand may be used. A dog that barks while tracking the deer shall not be used on public lands.

(13) Affix any device to a bow, which aids in the cocking or holding of a bow string in a drawn position. This subsection shall not prohibit the use of a hand-held device to release the bow string. This subsection shall not apply to a permanently disabled person who holds a special permit provided for in part 401, wildlife conservation, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.40101 to 324.40119 of the Michigan Compiled Laws, or this order.

(14) Use aircraft to aid in the taking of a wild bird or wild animal.

(15) Take deer with a crossbow during the open bow and arrow only seasons, except deer in zone 3, or if the hunter is age 50 and older during the October 1 to November 14 bow and arrow deer season, unless they have been issued a crossbow permit pursuant to section 5.95.

(a) Notwithstanding any other provisions of this order, a hunter age 11 and younger may not use a crossbow to take game during any open hunting season. 

(b) A person licensed to take game as required by part 435, hunting and fishing licensing, of the natural resources and environmental protection act, act no. 451 of the public acts of 1994, who intends to hunt with a crossbow shall request and be issued a crossbow stamp.  The crossbow stamp shall be part of the license to hunt with a crossbow.

(c ) Arrows, bolts, and quarrels used for taking deer, bear, elk, and turkey with a crossbow are required to have a broadhead hunting type of point not less than 7/8 of an inch wide and must be a minimum of 14 inches in length.

(d) Crossbows used for taking game shall not have a capacity to exceed 350 feet per second bolt velocity.

History: Eff. Mar 31, 1989; Am. 20, 1989, Eff. Sep 1, 1989; Am. 2, 1993, Eff. Sep 1, 1993; Am. 13, 1993, Eff. Sep 1, 1993; Am. 19, 1993, Eff. Sep 10, 1993; Am. 6, 1995, Eff. Sep 1, 1995; Am. 6, 1998, Eff. May 15, 1998; Am. 11, 2000, Eff. Sep 1, 2000; Am. 2, 2001, Eff. Mar 1, 2001; Am. 10, 2001, Eff. Jul 1, 2001; Am. 8, 2002, Eff. Jun 8, 2002; Am. 2, 2003, Eff. Apr 12, 2003; Am. 2, 2005, Eff. Mar 11, 2005; Am. 16, 2006, Eff. Aug 11, 2006; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6, 2012.

**Section 2.1 is superseded by Am. 2 of 2009 from March 6, 2009, through March 6, 2012**

2.1 Taking of animals; prohibited methods, devices, and weapons; exceptions.

Sec. 2.1 Unless otherwise specified in this order, a person shall not do any of the following:

(1) Make use of a pit, pitfall, deadfall, scaffold, raised platform, tree, cage, snare, trap, net, baited hook, or similar device, or a drug, poison, anti-coagulant, smoke, gas, explosive, weasel, ferret, fitchew, crossbow, arbalest, spear, or mechanical device, for the purpose of taking an animal or driving an animal out of their hole or home. For the purpose of this order, a mechanical device shall not be construed to mean a firearm, slingshot, or bow and arrow. When used in this order, "raised platform" means a horizontal surface constructed or manufactured by a person that increases the field of vision of a person using the horizontal surface beyond the field of vision that would normally be attained by that person standing on the ground.

(2) Use in taking an animal, or have in the person's possession in an area frequented by animals, a semiautomatic shotgun or rifle other than .22 caliber rimfire, capable of holding more than six shells at one time in the magazine and barrel combined, or use a cartridge containing a tracer bullet, or a cartridge containing an explosive bullet, or a firearm capable of firing more than one shot with a single pull or activation of the trigger.

(3) During the five days immediately preceding November 15, transport or possess in an area frequented by deer a rifle or shotgun with buckshot, slug load, ball load, or cut shell. A person may transport a rifle or shotgun to or from a hunting camp if the rifle or shotgun is unloaded and securely encased or carried in the trunk of a vehicle. This section shall not prohibit a resident who holds a fur harvester's license from carrying a rimfire firearm .22 caliber or smaller while hunting or checking a trap line during the open season for hunting or trapping fur-bearing animals.

(4) Use in hunting, or, subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, possess afield in an area inhabited by wild birds and animals within the "shotgun, handgun, black-powder firearms only area" from November 15 to November 30, or use to take a deer during any firearm deer season in the "shotgun, handgun, black-powder firearms only area," a firearm other than:

(a) A shotgun with a smooth or rifled barrel.

(b) A .35 caliber or larger pistol capable of holding no more than nine shells at one time in the barrel and magazine combined and loaded with straight-walled cartridges.

(c) A muzzle-loading rifle or black-powder pistol loaded with black-powder or a commercially manufactured black-powder substitute.

(5) Injure, destroy, or rob the eggs of birds protected by the laws of this state or this order, or molest, harass, or annoy those birds upon their nests.

(6) Possess or use an apparatus known as a silencer on a gun while hunting in this state.

(7) Make use of a sink box or battery as these devices are defined by the United States fish and wildlife service.

(8) Set afire or assist in setting afire a marshland or other lands for the purpose of driving out wild birds or wild animals, or take or attempt to take a wild bird or wild animal so driven out of a marshland or other land.

(9) Take any animal at any time other than during the hunting hours and open seasons established in this order except as may otherwise be provided in chapter VI.

(10) Take in 1 day more than the daily limit, or possess at one time more than the possession limit, or possess on the first day of the open season more than the daily limit, or possess more than the season limit of any animal.

(11) Destroy, disturb, or molest at any time any bear, beaver, muskrat, raccoon, squirrel, mink, badger, or rabbit house, hole, burrow, nest, dam, or den which may be used by such animals.

(12) Make use of a dog in hunting deer except that a dog may be used to locate a down and mortally wounded deer if the dog is kept on a leash and, subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, none of the persons in attendance possess a firearm or bow and arrow. If the tracking is done at night, artificial lights ordinarily carried in the hand may be used. A dog that barks while tracking the deer shall not be used on public lands.

(13) Affix any device to a bow, which aids in the cocking or holding of a bow string in a drawn position. This subsection shall not prohibit the use of a hand-held device to release the bow string. This subsection shall not apply to a permanently disabled person who holds a special permit provided for in part 401, wildlife conservation, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.40101 to 324.40119 of the Michigan Compiled Laws, or this order.

(14) Use aircraft to aid in the taking of a wild bird or wild animal.

(15) Take game with a crossbow, except deer during the November 15 to November 30 firearm deer season by hunters age 12 or older, unless they have been issued a crossbow permit pursuant to section 5.95.

History: Eff. Mar 31, 1989; Am. 20, 1989, Eff. Sep 1, 1989; Am. 2, 1993, Eff. Sep 1, 1993; Am. 13, 1993, Eff. Sep 1, 1993; Am. 19, 1993, Eff. Sep 10, 1993; Am. 6, 1995, Eff. Sep 1, 1995; Am. 6, 1998, Eff. May 15, 1998; Am. 11, 2000, Eff. Sep 1, 2000; Am. 2, 2001, Eff. Mar 1, 2001; Am. 10, 2001, Eff. Jul 1, 2001; Am. 8, 2002, Eff. Jun 8, 2002; Am. 2, 2003, Eff. Apr 12, 2003; Am. 2, 2005, Eff. Mar 11, 2005; Am. 16, 2006, Eff. Aug 11, 2006.

 

2.2 Open seasons and closed seasons, inclusive dates.

Sec. 2.2 The open season dates and closed season dates stipulated in this order are inclusive.

History: Eff. Mar 31, 1989; Am. 20, 1989, Eff. Sep 1, 1989.

2.3 Permitted acts; trapping; use of rimfire firearm .22 caliber or smaller; American Indians on reservations.

Sec. 2.3 This order shall not be construed to prohibit any of the following:

(1) The trapping of fur-bearing animals as provided in this order.

(2) The carrying and using of a rimfire firearm .22 caliber or smaller to kill raccoon while hunting with dogs between the hours of 7 p.m. and 6 a.m. during the firearm deer season.

(3) The enjoyment by American Indians living on a reservation of the privileges bestowed upon them by federal law or treaties.

History: Eff. Mar 31, 1989; Am. 2, 2003, Eff. Apr 12, 2003.

**Section 2.4 takes effect on March 6, 2009, and will remain in effect until March 6, 2012**

2.4 Permissible use of artificial lights.

Sec. 2.4 (1) Artificial lights, similar to the  type  ordinarily held in the hand or on the person, may be used from September 15 to March 31 by a person traveling afoot with a bow and arrow , crossbow, a rimfire firearm .22 caliber or smaller or shotgun with loads other than buckshot, slug  or cut shell,  however, subject to section 43510, subsections (2) and (3), of  part 435, as amended, hunting and fishing  licensing, MCL 435.43510, the person shall not possess a loaded firearm, a cocked crossbow, or bow with a nocked arrow, except when one or more of the  following  conditions apply:

(a) The person is following dogs and is at the point of kill  for taking a treed raccoon during the open season for taking raccoon by hunting.

(b) The person is following dogs and is at the point of kill for taking opossum during the open season for taking opossum by hunting.

(c) The person is taking coyote or fox with the aid of a game or predator call during the open season for taking fox by hunting.

(2) Persons not possessing a bow, crossbow, or firearm while traveling afoot may use lights as defined in subsection (1) during dog training or field dog trials to  follow dogs chasing raccoon opossum, or fox.

History: Eff. Mar 31, 1989; Am. 20, 1989, Eff. Sep 1, 1989; Am. 2, 1990, Eff. Feb 19, 1990; Am. 12, 2000, Eff. Sep 1, 2000; Am. 2, 2003, Eff. Apr 12, 2003; Am. 2, 2005, Eff. Mar 11, 2005; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6, 2012.

**Section 2.4 is superseded by Am. 2 of 2009 from March 6, 2009, through March 6, 2012**

2.4 Permissible use of artificial lights.

Sec. 2.4. (1) Artificial lights, similar to the type ordinarily held in the hand or on the person, may be used from September 15 to March 31 by a person traveling afoot with a bow and arrow, a rimfire firearm .22 caliber or smaller or shotgun with loads other than buckshot, slug or cut shell, however, subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, the person shall not possess a loaded firearm, or bow with a nocked arrow except when one or more of the following conditions apply:

(a) The person is following dogs and is at the point of kill for taking a treed raccoon during the open season for taking raccoon by hunting.

(b) The person is following dogs and is at the point of kill for taking opossum during the open season for taking opossum by hunting.

(c) The person is taking coyote or fox with the aid of a game or predator call during the open season for taking fox by hunting.

(2) Persons not possessing a bow, or firearm while traveling afoot may use lights as defined in subsection (1) during dog training or field dog trials to follow dogs chasing raccoon, opossum, or fox.

History: Eff. Mar 31, 1989; Am. 20, 1989, Eff. Sep 1, 1989; Am. 2, 1990, Eff. Feb 19, 1990; Am. 12, 2000, Eff. Sep 1, 2000; Am. 2, 2003, Eff. Apr 12, 2003; Am. 2, 2005, Eff. Mar 11, 2005.

2.4a Permissible use of a crossbow and laser sighting device by blind person during lawful hunting hours, conditions for use.

Sec. 2.4a A blind person, as defined by section 1 of Act No. 260 of the Public Acts of 1978, being section 393.351 of the Michigan Compiled Laws, may use a laser sighting device in conjunction with a crossbow or a firearm to take an animal during the lawful hunting hours for that animal if all of the following conditions are met while the person is taking an animal:

(1) The person is accompanied and assisted by a sighted person. The sighted person must be at least 18 years of age and be in possession of a hunting license other than an apprentice license issued by this state, another state, a province of Canada, or another country or a certificate of completion of training in hunter safety issued by this state, another state, a province of Canada, or another country, and shall furnish such proof upon the request of a peace officer.

(2) The person possesses proof of blindness in the form of an identification card issued under the authority of section 1 of Act No. 222 of the Public Acts of 1972, being section 28.292 of the Michigan Compiled Laws, and furnishes the proof of blindness upon the request of a peace officer.

(3) The department may issue a permit to a person who is permanently disabled to use a laser sighting device in conjunction with a crossbow or a firearm to take an animal during lawful hunting hours for that animal if the permittee is accompanied by another person at least 18 years of age who is licensed to hunt that game under a license other than an apprentice license.

History:  Am. 3, 1997, Eff. Jun 1, 1997; Am. 5, 2003, Eff. May 10, 2003; Am. 10, 2007, Eff. May 11, 2007.

**Section 2.5 takes effect on March 6, 2009, and will remain in effect until March 6, 2012**

2.5 Hunting hours, exceptions; prohibited activities.

Sec. 2.5 (1) Except for the trapping of animals and as otherwise specified in this section, the hunting hours shall substantially conform to one-half hour before sunrise to one-half hour after sunset and shall be those starting times and ending times published in the Michigan  hunting and trapping guide or in the respective state hunting guide for that animal.

(2) In addition to the daylight hunting hours specified in subsection (1) and during those dates specified for the use of artificial lights in sections 2.4 and 3.605, a person traveling afoot at night and in possession of only a bow and arrow, a crossbow, a rimfire firearm .22 caliber or smaller or shotgun with loads other than buckshot, slug or cut shell may take within their specified open seasons raccoon, opossum, and fox with the aid of dogs; and fox and coyote, during the season open to the taking of fox, with the aid of a game or predator call. Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, a person hunting these species during the nighttime hunting hours shall not possess a loaded firearm, a cocked crossbow, or bow with a nocked arrow except when one or more of the following conditions apply:

(a) The person is following dogs and is at the point of kill for taking a treed raccoon during the open season for taking raccoon by hunting.

(b) The person is following dogs and is at the point of kill for taking opossum during the open season for taking opossum by hunting.

(c) The person is taking coyote or fox with the aid of a game or predator call during the open season for taking fox by hunting.

(3) Except for woodcock and crow, the hunting and hawking hours for all waterfowl and migratory birds shall be as listed in the state waterfowl hunting guide. The hunting hours for woodcock shall substantially conform to sunrise to sunset and shall be as published in the Michigan hunting and trapping guide. The hunting hours for crow shall be as specified in subsection (1).

(4) The hunting hours for wild turkey during the spring season shall substantially conform to one-half hour before sunrise to one-half hour before sunset, and shall be those starting times and ending times published in the state hunting guide for wild turkey.

(5) Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, except during the hunting hours specified in this section and as otherwise provided by subsection (2), a person shall not possess afield a firearm unless it is unloaded in the barrel, or crossbow or a bow and arrow unless all arrows and bolts are placed in a quiver. A person may, to comply with section 4.1(2), kill a down and mortally wounded deer, bear, or elk using an otherwise legal means and may possess a loaded firearm, a cocked crossbow, or bow with nocked arrow only at the time and at the point of kill. Notwithstanding any other provision of this subsection, a person hunting under the authority of a wild turkey license during the spring wild turkey season may load and carry a loaded firearm afield while going to their hunting stand up to one hour prior to the spring wild turkey hunting hours.

History: Am. 13, 1993, Eff. Sep 1, 1993; Am. 9, 1995, Eff. Jan 1, 1996; Am. 1, 1998, Eff May 15, 1998; Am. 10, 1998, Eff. Jun 15, 1998; Am. 19, 2004, Eff. Dec 10, 2004; Am. 2, 2005, Eff. Mar 11, 2005; Am. 4, 2008, Eff. Apr 11, 2008; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6, 2012.

**Section 2.5 is superseded by Am. 2 of 2009 from March 6, 2009, through March 6, 2012**

2.5 Hunting hours, exceptions; prohibited activities.

Sec. 2.5 (1) Except for the trapping of animals and as otherwise specified in this section, the hunting hours shall substantially conform to one-half hour before sunrise to one-half hour after sunset and shall be those starting times and ending times published in the Michigan hunting and trapping guide or in the respective state hunting guide for that animal.

(2) In addition to the daylight hunting hours specified in subsection (1) and during those dates specified for the use of artificial lights in sections 2.4 and 3.605, a person traveling afoot at night and in possession of only a bow and arrow, a rimfire firearm .22 caliber or smaller or shotgun with loads other than buckshot, slug or cut shell may take within their specified open seasons raccoon, opossum, and fox with the aid of dogs; and fox and coyote, during the season open to the taking of fox, with the aid of a game or predator call. Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, a person hunting these species during the nighttime hunting hours shall not possess a loaded firearm, or bow with a nocked arrow except when one or more of the following conditions apply:

(a) The person is following dogs and is at the point of kill for taking a treed raccoon during the open season for taking raccoon by hunting.

(b) The person is following dogs and is at the point of kill for taking opossum during the open season for taking opossum by hunting.

(c) The person is taking coyote or fox with the aid of a game or predator call during the open season for taking fox by hunting.

(3) Except for woodcock, crow and mourning doves, the hunting and hawking hours for all waterfowl and migratory birds shall be as listed in the state waterfowl hunting guide. The hunting hours for woodcock shall substantially conform to sunrise to sunset and shall be as published in the Michigan hunting and trapping guide. The hunting hours for crow shall be as specified in subsection (1). The hunting hours for mourning doves shall substantially conform to one-half hour before sunrise to sunset and shall be as published in the Michigan hunting and trapping guide or supplement to the Michigan hunting and trapping guide.

(4) The hunting hours for wild turkey during the spring season shall substantially conform to one-half hour before sunrise to one-half hour before sunset, and shall be those starting times and ending times published in the state hunting guide for wild turkey.

(5) Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, except during the hunting hours specified in this section and as otherwise provided by subsection (2), a person shall not possess afield a firearm unless it is unloaded in the barrel, a bow and arrow unless all arrows are placed in a quiver. A person may, to comply with section 4.1(2), kill a down and mortally wounded deer, bear, or elk using an otherwise legal means and may possess a loaded firearm, or bow with nocked arrow only at the time and at the point of kill. Notwithstanding any other provision of this subsection, a person hunting under the authority of a wild turkey license during the spring wild turkey season may load and carry a loaded firearm afield while going to their hunting stand up to one hour prior to the spring wild turkey hunting hours.

History: Am. 13, 1993, Eff. Sep 1, 1993; Am. 9, 1995, Eff. Jan 1, 1996; Am. 1, 1998, Eff May 15, 1998; Am. 10, 1998, Eff. Jun 15, 1998; Am. 19, 2004, Eff. Dec 10, 2004; Am. 2, 2005, Eff. Mar 11, 2005; Am. 4, 2008, Eff. Apr 11, 2008.

2.6 Repealed. Am. 11, 1996, Eff. Sep 1, 1996.

Publisher’s Note:  The repealed section pertained to Hunter access leases on private lands; fees, special situations; additional fees for certain lands, exceptions.

2.7 Permissible use of dogs.

Sec. 2.7 A person may hunt with dogs, or break, train, or practice a dog upon, or permit a dog to chase or take an animal only as provided in chapter VI, chapter XIV, chapter XV, or as otherwise permitted by law.

History Note: Am. 2, 1990, Eff. Feb 19, 1990.

**Section 2.8 takes effect on March 6, 2009, and will remain in effect until March 6, 2012**

2.8 Hunt with bow and arrow from scaffold, raised platform, or tree allowed; taking deer or bear with firearm from scaffold, raised platform or tree allowed; use of scaffold, platform, ladder, steps or certain other devices in taking an animal on publicly owned lands, exception.

Sec. 2.8 A person may hunt with a crossbow or a bow and arrow from a scaffold, raised platform, or tree. A person taking deer or bear with a firearm may use a scaffold, raised platform, or tree. A person taking fox or coyote with a firearm one-half hour before sunrise to one-half hour after sunset may use a scaffold, raised platform, or tree, pursuant to all other hunting regulations.  In taking an animal, a person shall not do any of the following on publicly owned lands:

(1) Permanently construct or affix to a tree or other natural feature a scaffold, platform, ladder, steps or any other device to assist in climbing a tree, or use any item that penetrates the cambium of a tree in the construction or affixing of any device to assist in climbing a tree.

(2) Use or occupy a scaffold, raised platform, ladder, or step that has been permanently affixed or attached to any tree or other natural feature.

(3) Nothing in this section shall prohibit a scaffold or platform temporarily affixed to a tree by use of a T-bolt or similar device supplied by the manufacturer at the time the scaffold or platform was purchased.

(4) Use or occupy a scaffold or raised platform without having first etched, engraved, implanted, burned, printed, or painted on the scaffold or raised platform, the name and address of the user in legible English easily read from the ground.

(5) Use, occupy, or place a scaffold, raised platform, ladder, steps, or any other device to assist in climbing a tree if the scaffold, raised platform, ladder, steps, or other device is on public lands earlier than September 1 of each year or is not removed by March 1.

History Note:  Am. 13, 1993, Eff. Sep 1, 1993; Am. 9, 1995, Eff. Jan 1, 1996; Am. 1, 1998, Eff. May 15, 1998; Am. 10, 1998, Eff. Jun 15, 1998; Am. 11, 2007, Eff. Jun 8, 2007; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6, 2012.

**Section 2.8 is superseded by Am. 2 of 2009 from March 6, 2009, through March 6, 2012**

2.8 Hunt with bow and arrow from scaffold, raised platform, or tree allowed; taking deer or bear with firearm from scaffold, raised platform or tree allowed; use of scaffold, platform, ladder, steps or certain other devices in taking an animal on publicly owned lands, exception.

Sec. 2.8 A person may hunt with a bow and arrow from a scaffold, raised platform, or tree. A person taking deer or bear with a firearm may use a scaffold, raised platform, or tree. A person taking fox or coyote with a firearm one-half hour before sunrise to one-half hour after sunset may use a scaffold, raised platform, or tree, pursuant to all other hunting regulations. In taking an animal, a person shall not do any of the following on publicly owned lands:

(1) Permanently construct or affix to a tree or other natural feature a scaffold, platform, ladder, steps or any other device to assist in climbing a tree, or use any item that penetrates the cambium of a tree in the construction or affixing of any device to assist in climbing a tree.

(2) Use or occupy a scaffold, raised platform, ladder, or step that has been permanently affixed or attached to any tree or other natural feature.

(3) Nothing in this section shall prohibit a scaffold or platform temporarily affixed to a tree by use of a T-bolt or similar device supplied by the manufacturer at the time the scaffold or platform was purchased.

(4) Use or occupy a scaffold or raised platform without having first etched, engraved, implanted, burned, printed, or painted on the scaffold or raised platform, the name and address of the user in legible English easily read from the ground.

(5) Use, occupy, or place a scaffold, raised platform, ladder, steps, or any other device to assist in climbing a tree if the scaffold, raised platform, ladder, steps, or other device is on public lands earlier than September 1 of each year or is not removed by March 1.

History Note:  Am. 13, 1993, Eff. Sep 1, 1993; Am. 9, 1995, Eff. Jan 1, 1996; Am. 1, 1998, Eff. May 15, 1998; Am. 10, 1998, Eff. Jun 15, 1998; Am. 11, 2007, Eff. Jun 8, 2007.

2.9 “Ground blind” defined; requirements to use, occupy, place, build, construct, or maintain a ground blind on publicly owned lands; use or placement of blind does not convey exclusive hunting right.

Sec. 2.9 (1) For the purposes of this section, “ground blind” means a structure, enclosure, or any material, natural or manufactured, placed on the ground to elevate or otherwise assist in concealing or disguising the user or occupant for the purpose of taking an animal except for commercially manufactured ladder stands which lean up against and require the support of a tree to maintain their upright position.

(2) A person may use, occupy, place, build, construct, or maintain a ground blind on publicly owned lands only if one of the following applies:

(a) The ground blind is constructed exclusively of dead and natural materials found on the ground in the area where the blind is constructed, except that cloth, netting, plastic or other materials may be used by the occupant of a ground blind if the cloth, netting, plastic or other materials are not fastened to the blind and are carried out by the user at the end of each day’s hunt. For the purposes of this section, “fastened” means stapled, nailed, glued, or other means of permanent attachment other than tying.

(b) The ground blind is clearly a portable blind and is removed at the end of each day's hunt. Fasteners, if used to attach or anchor a portable blind, shall be removed at the end of each day’s hunt and shall not consist of any item that penetrates the cambium of a tree.

(c) The ground blind is a temporary ground blind constructed of materials other than dead and down materials found on the ground in the area where the blind is constructed and which meets all of the following conditions:

(i) The blind for deer hunting purposes is not located upon publicly owned lands from the day following the last day of the open deer season to November 5 unless allowed by the public agency administering the land on which the blind is located. A ground blind located on publicly owned lands anytime during the period defined in this subsection shall be considered an abandoned ground blind.

(ii) The blind for bear hunting purposes is not located upon publicly owned lands from five days after bear season closes to August 10 in the Amasa, Baraga, Bergland, Carney, Gwinn, and Newberry Bear Management Units; to August 17 in the Red Oak, Baldwin, and Gladwin Bear Management Units; except successful bear hunters must remove their ground blind within 5 days of harvesting a bear.  A ground blind located on publicly owned lands anytime during the period defined in this subsection shall be considered an abandoned ground blind.

(iii) The name and address of the licensed bear hunter in the Bear Management Unit where licensed, or, outside of the bear season, the person placing the ground blind, is permanently attached, etched, engraved, or painted on the ground blind.

(iv) Fasteners, if used to attach or anchor a temporary ground blind, shall be removed with the blind and shall not consist of any item that penetrates the cambium of a tree.

(3) This section shall not apply to blinds constructed and used for taking waterfowl as described in section 3.401 or structures constructed by a public agency upon lands administered by that public agency.

(4) The placement or use of a ground blind on publicly owned lands shall in no way convey exclusive hunting rights to the area surrounding that blind.

(5) A ground blind that does not meet the requirements of subsection (2) shall be an illegal ground blind. A person shall not use an illegal ground blind.

(6) Only ground blinds which meet the requirements of subsections (2)(a) or (2)(b) may be used in state game areas, state recreation areas and state parks that are located in zone 3.  

History:  Am. 9, 1995, Eff. Jan 1, 1996; Am. 4, 1996, Eff. Jun 6, 1996; Am. 3, 1997, Eff. Jun 1, 1997; Am. 1, 1998, Eff. May 15, 1998; Am. 10, 1998, Eff. Jun 15, 1998; Am. 11, 2005, Eff. Jun 3, 2005.

2.10 Handicapped person defined; handicapped persons use of temporary blinds on publicly owned lands, conditions for use; exception for a person assisting a handicapped person.

Sec. 2.10 For the purposes of this section, a handicapped person shall mean a person issued a permit to hunt from a standing vehicle under the authority of section 40114 of part 401, wildlife conservation, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.40114 of the Michigan Compiled Laws, a person issued a handicapped permit by the department of state which entitles that person to the privileges bestowed by section 675 of Act No. 300 of the Public Acts of 1949, being section 257.675 of the Michigan Compiled Laws, or a handicapped person as defined by section 81101 of part 811, off-road recreational vehicles, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.81101 of the Michigan Compiled Laws.

(1) Notwithstanding the provisions of section 2.9, a handicapped person may place, use, and occupy a temporary blind constructed of manufactured materials which is left overnight on publicly owned lands if all of the following conditions are met:

(a) The person has first etched, engraved, implanted, burned, printed, or painted on the blind the name and address of the person placing the blind on publicly owned lands in legible English. It shall be unlawful for a person to affix a fictitious name or address to a blind, or remove a name or address from a blind until after the blind is removed from publicly owned lands.

(b) The blind is a temporary blind which is manufactured for that purpose and is placed no earlier than 10 days prior to the open hunting season for which it is used and removed at the end of the season for which it is used.

(c) The blind is not affixed or attached to any tree or other natural feature using nails, screws, bolts, lag screws, wire, rope, or any other device or fastener made by a person.

(2) A person who is not a handicapped person may assist a handicapped person in placing or removing a lawful blind on publicly owned land.

History:  Am. 9, 1995, Eff. Jan 1, 1996; Am. 3, 1997, Eff. Jun 1, 1997.

2.11 "Fence" and "passages" defined; certain fence construction shall constitute a taking or maintaining in captivity of deer, elk, bear and moose; temporary permits, permit and issuance requirements, fees; exceptions.

Sec. 2.11 (1) As used in this order, "fence" means a structure or combination of a structure and natural barrier which is sufficient to prohibit the natural movement of an animal. For the purposes of this order, except as provided by subsections (6) and (7), construction of a fence shall constitute a taking or the maintaining in captivity of wild, free-ranging deer, elk, bear, or moose if the structure is constructed in an area frequented by wild, free-ranging deer, elk, bear, or moose and if 1 or more of the following conditions apply:

(a) The constructed structure is greater than 52 inches in height above the adjacent grade anywhere along its length and the total length of the constructed structure is more than ¼ mile and does not contain passages constructed in such a manner as to ensure the passage of wild, free ranging deer, elk, bear, or moose.

(b) The constructed structure is greater than 52 inches in height above the adjacent grade anywhere along its length and the combination of the constructed structure length and natural barrier length is more than ¼ mile in length and does not contain within the length of the constructed structure passages constructed in such a manner as to ensure the passage of wild, free ranging deer, elk, bear, or moose.

(c) The proposed fence would enclose deer, elk, bear, or moose and the person constructing or causing the construction of the fence did not obtain a permit prior to construction of the fence from the department for the temporary enclosing of animals or did not comply with the conditions of the temporary enclosing permit including the removal or flushing of deer, elk, bear, or moose or the payment of fees as directed by the permit. An application for a permit to temporarily enclose deer, elk, bear, or moose shall not be considered unless the applicant includes a proposed method and timetable for the removing or flushing the deer, elk, bear, or moose and the proposed method and timetable of removing or flushing the deer, elk, bear, or moose is approved by the department. If approved by the department, a permit shall be issued by the wildlife permit specialist.

(2) As used in this order, "passage" means a space, opening, or fence 52 inches or less in height constructed in a manner to ensure the passage of wild, free-ranging deer, elk, bear, or moose. For a passage to be constructed in a manner to ensure the movement of wild, free ranging deer, elk, bear, or moose, all of the following shall apply:

(a) Passages shall be at least 40 feet wide and shall be spaced no more than 660 feet from the next passage.

(b) Fence corners shall have passages extending at least 20 feet in each direction.

(3) A person shall not construct, obstruct, or place passages in a manner to inhibit the movement of wild, free-ranging deer, elk, bear, or moose.

(a) A person violates this section when the person does any of the following:

(i) Constructs passages in a place where the terrain or other natural features would inhibit passage use by wild, free-ranging deer, elk, bear, or moose.

(ii) Physically constructs passages in a manner that inhibits passage use by wild, free-ranging deer, elk, bear, or moose.

(iii) Blocks passages with physical barriers or otherwise constructs or uses physical barriers to impede the movement of wild, free-ranging deer, elk, bear, or moose through passages.

(iv) Uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal behavior in order to hinder, impede, or prevent the movement of wild, free-ranging deer, elk, bear, or moose through passages.

(v) Erects barriers or uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal behavior in order to hinder, impede, or deny wild, free-ranging deer, elk, bear, or moose ingress or egress to areas where passages are located.

(vi) Engages in any other act or behavior for the purpose of violating this subsection.

(4) The department may provide a written variance from these requirements for passages if the variance is deemed beneficial to wildlife and consistent with the intent of this order. Passages shall be placed along known travel lanes used by deer, elk, bear, or moose whenever practicable. It is recommended that either a minimum space of 4 inches be provided between the bottom of the fence and the adjacent grade, or that the fencing material contains 6-inch by 6-inch openings at ground level, in order to provide for the movement of other wildlife.

(5) In issuing a permit for the temporary enclosing of animals, the department shall do all of the following:

(a) If a permit is issued for a fence which would enclose wild, free-ranging elk, bear, or moose, the permit shall require the flushing or removal of all elk, bear, and moose.

(b) If a permit is issued for a fence which would enclose deer, the approved flushing plan shall require the flushing or removal of as many deer as practical. Deer not flushed or otherwise removed from an enclosure shall be killed in a manner approved by the department.

(c) Include a statement to advise the applicant that additional local or state regulations may apply to the construction and placement of fences.

(d) Charge a fee of $45.00 for each permit issued. However, if any deer is killed pursuant to subdivision (b), the permit fee shall be $45.00 plus $250.00 for each deer killed.

(6) This section shall not apply to premises licensed under the provisions of part 427, breeders and dealers, of the natural resources and environmental protection act, Act 451 of the Public Acts of 1994, being sections 324.42701 to 324.42714 of the Michigan Compiled Laws, or premises registered as a cervidae livestock facility under the provisions of the privately owned cervidae producers marketing act, Act 190 of the Public Acts of 2000, being sections 287.951 to 287.969 of the Michigan Compiled Laws, or to an exclusion structure which does not kill, harm, capture, trap, or collect animals and which is constructed to:

(a) Deter or prevent damage by wild animals to private property, including but not limited to fences to protect livestock; poultry and other birds, including captive-reared game birds; farm crops; orchards; and gardens.

(b) Protect public safety, including but not limited to airport fencing, military fencing, and fencing to restrict access to dangerous or potentially dangerous areas.

(c) Provide any function and be constructed within the curtilage or within the incorporated limits of a city or village.

(d) Provide any type of industrial or commercial security function and be constructed within a recognized industrial or commercially zoned area.

(7) As provided by law for the taking of animals to prevent or control damage and when deemed advisable for public health or safety reasons, the wildlife division chief may issue a permit to allow the taking of deer, elk, bear, or moose by fence.

History:  Am. 4, 2000, Eff. Jan 14, 2000; Am. 2, 2002, Eff. Mar 11, 2002.

2.12 Pure Michigan hunt; eligibility requirements, definition, open area, exceptions.

Sec. 2.12 (1) A pure Michigan hunt applicant must meet the age requirement and all other eligibility requirements established in statute to purchase a regular (not apprentice) hunting license to hunt bear, deer, or elk with a firearm.

(2) Notwithstanding any other provisions of this order, and subject to the requirements of applicable statutes, a pure Michigan hunt license shall include the opportunity to purchase:

(a) One any-elk license (Michigan resident only).

(b) One bear license (not valid for Drummond island bmu).

(c) One spring turkey license.

(d) One fall turkey license.

(e) One antlerless deer license.

(3) Successful applicants shall be determined by a drawing. Pure Michigan hunt drawing success does not affect or involve any preference points or ineligibility periods related to other hunting licenses or lifetime licenses.

(4) Three pure Michigan packages shall be awarded each year allowing the successful applicant to purchase the above licenses for the prices established by the department pursuant to law.

(5) The nonrefundable application fee for a pure Michigan hunt license is $4.00.

(6) Pure Michigan hunt applicants may purchase multiple pure Michigan hunt applications.

(7) Licenses purchased by a successful pure Michigan hunt applicant shall be valid for the following:

(a) Pure Michigan hunt unit defined in section 12.999 for each game species.

(b) During any open season for that species, with the appropriate weapons authorized by this order.

(c) On any lands open to hunting for those licenses in section 2.12(2) with permission of the private landowner, if applicable.

(d) The party hunt leader with the first selection at any managed waterfowl area during the reserved hunt period.

(8) A pure Michigan hunt applicant must meet all the requirements to participate in any season covered by the pure Michigan hunt license.

(9) Successful pure Michigan hunt applicants are not prohibited from:

(a) Applying for a limited draw license authorized by any other provision of this order.

(b) Purchasing a license authorized by other provisions of this order.

(c) Utilizing a kill tag authorized by other provisions of this order.

(d) Retention of any preference points or chances accumulated by other provisions of this order.

(10) Nonresidents are not eligible to purchase a Michigan elk hunting license.

(11) Pure Michigan hunt licenses are not transferable.

History:  Am. 12, 2009, Eff. Jun 4, 2009.

Chapter III

Species Regulations

3.1 Elk open season, hunt periods; season limit.

Sec. 3.1 (1) The open season for taking elk shall be those days as specified below for the following hunt periods:

Hunt Period

Open Season

1

September 1 September 4 and September 11 to September 15, in elk management unit “L.”

2

October 13 to October 21, in elk management unit L.”

3

December 8 to December 15, in elk management units “A,” “B,” “C,” “D,” “E,” and “X.”

4

A total of five days beginning on the Wednesday closest to January 15 for four days thereafter, only in elk management unit(s) where additional harvest is deemed necessary to meet elk management objectives.

 

(2) The season limit shall be one elk per license.

History: Eff. Mar 31, 1989; Am. 5, 1989, Eff. Sep 1, 1989; Am. 7, 1990, Eff. Sep 1, 1990; Am. 4, 1991, Eff. Sep 1, 1991; Am. 5, 1992, Eff. Jul 1, 1992; Am. 7, 1993, Eff. Sep 1, 1993; Am. 1, 1994, Eff. Sep 1, 1994; Am. 2, 1995, Eff. Sep 1, 1995.; Am. 7, 1996, Eff. Sep 1, 1996; Am. 4, 1997, Eff. Jun 1, 1997; Am. 5, 1998, Eff. Jun 1, 1998; Am. 14, 1998, Eff. Sep 10, 1998; Am. 5, 1999, Eff. Sep 1, 1999: Am. 17, 1999, Eff. Dec 9, 1999; Am. 6, 2000, Eff. Aug 1, 2000; Am. 7, 2001, Eff. Jun 1, 2001; Am. 6, 2002, Eff. Jun 1, 2002; Am. 3, 2003, Eff. May 10, 2003; Am. 6, 2004, Eff. May 8, 2004; Am. 4, 2005, Eff. May 6, 2005; Am. 6, 2006, Eff. May 5, 2006; Am. 4, 2007, Eff. Apr 13, 2007; Am. 4, 2008, Eff. Apr 11, 2008; Am. 4,2009, Eff. Apr 3, 2009.

**Section 3.2 takes effect on March 6, 2009, and will remain in effect until March 6, 2012**

3.2 Elk hunting firearms and bows, exceptions.

Sec. 3.2 Those firearms, crossbows, and bows legal for the taking of deer in Michigan shall be legal to take elk, except that it shall be unlawful to use a shotgun with buckshot to take elk. 

History: Eff. Mar 31, 1989; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6, 2012.

**Section 3.2 is superseded by Am. 2 of 2009 from March 6, 2009, through March 6, 2012**

3.2 Elk hunting firearms and bows, exceptions.

Sec. 3.2 Those firearms, and bows legal for the taking of deer in Michigan shall be legal to take elk, except that it shall be unlawful to use a shotgun with buckshot to take elk.

History: Eff. Mar 31, 1989.

3.3 Repealed. Am. 5, 1989, Eff. Sep 1, 1989.

Publisher's note: The repealed section pertained to the October elk hunt, application, and selection procedures.

3.4 Elk hunt, application and selection procedures; requirements; unlawful acts; ineligible persons.

Sec. 3.4 (1) Only Michigan residents who will be at least 12 years of age before or during the hunt period may apply. A person who is not a resident of Michigan shall not hunt elk in Michigan.  A person shall be ineligible to receive a license for more than 1 hunt period.

(2) A person issued an elk license valid for taking a bull elk for the 1994 license year through the 2003 license year shall be ineligible to apply for, obtain, or purchase an elk hunting license for 10 license years subsequent to receiving the license. A person issued an antlerless-only elk license valid for taking an antlerless elk subsequent to the 2003 license year shall be ineligible to apply for, obtain, or purchase an elk license for 10 license years subsequent to receiving the license. A person issued an elk license valid for taking a bull elk on or after February 1, 2004, shall subsequently be ineligible to apply for, obtain, or purchase an elk hunting license.

(3) Eligible residents wishing to participate in the hunting of elk must apply for a license through the retail sales system in accordance with instructions provided by the department. If more applications are received than the number of licenses to be issued, a random weighted lottery will be held for the selection of successful applicants. The director shall establish provisions for the transfer of application success to a youth applicant or an applicant with an advanced illness. Notwithstanding the successful applicant selection provisions of this subsection, licensees shall be drawn by region of residence in the same proportion as applications were received.

(4) Applicants shall indicate when making application whether they are willing to harvest only a bull elk or whether they are willing to harvest any elk. The drawing will first select the applicants who will be licensed to take a bull elk. Then the antlerless-only elk licenses will be drawn; any applicant drawn who has specified "bull only" on their application will be rejected, and another applicant will be drawn.

(5) All successful applicants must participate in a half-day training session the day before the hunt at a location to be determined in the vicinity of the hunt units. Upon completion of this training, each successful applicant will be issued their elk license along with other pertinent information and materials.

History: Eff. Mar 31, 1989; Am. 5, 1989, Eff. Sep 1, 1989; Am. 5, 1992, Eff. Jul 1, 1992; Am. 1, 1994, Eff. Sep 1, 1994; Am. 2, 1995, Eff. Sep 1, 1995; Am. 4, 1997, Eff. Jun 1, 1997; Am. 5, 1998, Eff. Jun 1, 1998; Am. 10, 2003, Eff. Feb 1, 2004; Am. 2, Eff. Mar 8, 2004; Am. 16, 2006, Eff. Aug 11, 2006; Am. 4, 2007, Apr 13, 2007.

3.5 Elk hunting licenses, procedures; voiding of selection; transfer of drawing success; unlawful acts.

Sec. 3.5 (1) Within 2 weeks upon notification by mail of selection in the drawing, the successful applicant shall purchase an elk hunting license at any license agent within the state or shall transfer their success in the drawing to a qualified minor hunter or a hunter of any age with an advanced illness. Failure to comply with the purchase or transfer requirements of this subsection shall result in the voiding of the applicant's selection and selection of another person to receive an elk hunting license.

(2) It shall be unlawful for a person who transfers their success in the elk lottery to a minor hunter or a hunter with an advanced illness to assist the minor hunter or hunter with an advanced illness in any manner in taking elk for a fee or other consideration or service of value, either directly or indirectly.

(3) It shall be unlawful for a person to buy or sell success in the elk license lottery, or an adult to acquire a license after being unsuccessful in the lottery, unless the person has received from a physician a written statement of advanced illness which shall be produced upon the request of a peace officer.

History: Eff. Mar 31, 1989; Am. 1, 1994, Eff. Sep 1, 1994; Am. 2, 1995, Eff. Sep 1, 1995; Am. 4, 1997, Eff. Jun 1, 1997; Am. 10, 2003, Eff. Feb 1, 2004.

3.6 Elk hunting, requirements; unlawful acts.

Sec. 3.6 (1) The director shall issue a kill tag as part of the elk hunting license. It shall be unlawful for any person to hunt under the authority of an elk hunting license unless the licensee carries on their person the unused kill tag issued with their elk license.

(2) (a)A person who kills an elk shall immediately validate the kill tag by notching out the appropriate areas of the kill tag and shall immediately attach the kill tag to the antler, lower jaw, or gambrel of the elk in a secure and permanent manner.

(b) A person who kills an elk shall clearly mark the kill site and other locations as instructed at the half-day training session.

(3) Within 24 hours of killing an elk and before removing any elk from the area open to elk hunting, a licensee shall take the animal to the official checking station where a confirming seal or seals shall be attached by the department and an examination will be made for such biological or other information as may be desired. The carcass need not be entire, but all parts must be readily identifiable and presented for sealing.

(4) Within 2 weeks of killing an elk, a licensee shall take the head of the animal to a department management unit or field office for submission to the department.

(5) It shall be unlawful to possess or transport an elk or parts of an elk without a kill tag and confirming seal attached. A confirming seal shall remain attached to the elk until the conditions in section 3.103(2) are met. A person, corporation, or common carrier shall not receive for transportation or have in possession at the initial billing station the carcass or dead body of an elk more than 48 hours after the closing time when the taking of elk is authorized by law.

(6) It shall be unlawful to take an elk over bait. For the purposes of this section, "bait" means a substance composed of grain, fruit, vegetables, or other food placed to lure or entice elk. This does not apply to standing farm crops under normal agricultural practices or other natural growing grains, fruits, or vegetables.

(7) It shall be unlawful for a hunter with an antlerless-only license to take or possess an elk with antlers. It shall be unlawful for a person to take more than 1 elk in an elk hunting season.

History: Eff. Mar 31, 1989; Am. 17, 1989, Eff. Sep 1, 1989; Am. 7, 1990, Eff. Sep 1, 1990; Am. 19, 1993, Eff. Sep 10, 1993; Am. 1, 1994, Eff. Sep 1, 1994; Am. 4, 1997, Eff. Jun 1, 1997; Am. 14, 1998, Eff. Sep 10, 1998; Am. 17, 1999, Eff. Dec 9, 1999; Am. 6, 2000, Eff. Aug 1, 2000; Am. 4, 2007, Eff. Apr 13, 2007.

3.7 Repealed. Am. 4, 1991, Eff. Sep 1, 1991.

Publisher's note: The repealed section pertained to October elk license quotas.

3.8 Elk license quota, hunters restricted to assigned management unit, exception.

Sec. 3.8 (1) The license quotas for elk hunt period 1, as specified in Section 3.1(1), shall be:

(a) Elk management unit L, 35 any elk licenses and 75 antlerless elk licenses.

(2) The license quotas for elk hunt period 2, as specified in section 3.1(1), shall be:

(a) Elk management unit L, 35 any-elk licenses and 75 antlerless elk licenses.

(3) The license quotas for elk hunt period 3, as specified in Section, 3.1(1) shall be:

(a) Elk management unit A, 14 any elk licenses and 27 antlerless elk licenses.

(b) Elk management unit B, 14 any elk licenses and 27 antlerless elk licenses.

(c) Elk management unit C, 4 any elk licenses and 8 antlerless elk licenses.

(d) Elk management unit D, 20 any elk licenses and 34 antlerless elk licenses.

(e) Elk management unit E, 4 any elk licenses and 8 antlerless elk licenses.

(4) The license quota for elk hunt period 4, as specified in Section 3.1(1), shall be no more than 50. The director, in consultation with and concurrence of the chair or vice chair of the natural resources commission, may determine the number and type of license available and the elk management units, as described in chapter XII, open during this season.

(5) An elk hunter shall hunt in their assigned season and elk management unit except elk hunters assigned to hunt in elk management units A, B, C, D, or E may hunt in elk management unit X. 

History: Eff. Mar 31, 1989; Am. 17, 1989, Eff. Sep 1, 1989; Am. 7, 1990, Eff. Sep 1, 1990; Am. 4, 1991, Eff. Sep 1, 1991; Am. 5, 1992, Eff. Jul 1, 1992; Am. 7, 1993, Eff. Sep 1, 1993; Am. 1, 1994, Eff. Sep 1, 1994; Am. 2, 1995, Eff. Sep 1, 1995; Am. 7, 1996, Eff. Sep 1, 1996; Am. 4, 1997, Eff. Jun 1, 1997; Am. 5, 1998, Eff. Jun 1, 1998; Am. 14, 1998, Eff. Sep 10, 1998; Am. 17, 1999, Eff. Dec 9, 1999; Am. 6, 2000, Eff. Aug 1, 2000; Am. 15, 2005, Eff. Jul 8, 2005; Am. 11, 2006, Eff. Jul 7, 2006; Am. 14, 2007, Eff. Jul 13, 2007;  Am.. 4, 2008, Eff. Apr 11, 2008; Am. 4, 2009, Eff. Apr 3, 2009.

3.9 Taking of elk marked with visible ear tag identification.

(1) A department or federal employee may kill an elk that bears visible ear tag identification, if the animal is confirmed by a department or federal employee to have been outside of the perimeter of a registered cervidae livestock operation for more than 48 hours.

(2) Elk of either sex that bear visible ear tag identification may be taken by hunting statewide by a person with a valid hunting license, with the exception of an apprentice license, except for elk with radio collars, in compliance with all other laws and rules for the taking of game.

(3) Any animal taken under this section must be submitted for registration and disease testing in a manner specified by the department.

History: Am. 9, May 11, 2007, Eff. May 11, 2007

3.100 Taking of deer; prohibited firearms, “bait” and “baiting” defined, conditions for baiting established in certain area; unlawful acts.

Sec. 3.100 (1) A person shall not use a rimfire firearm .22 caliber or smaller for the taking of deer.

(2) A person shall not pursue, capture, shoot, kill, chase, follow, harass, or harm a deer while the deer is swimming in a pond, lake, stream, or other body of water.

(3) For the purposes of this section, "bait" means a substance composed of grains, minerals, salt, fruits, vegetables, hay, or any other food materials, whether natural or manufactured, which may lure, entice or attract deer. "Bait" does not include the establishment and maintenance of plantings for wildlife, foods found scattered solely as the result of normal agricultural planting or harvesting practices, foods available to deer through normal agricultural practices of livestock feeding if the area is occupied by livestock actively consuming the feed on a daily basis, or standing farm crops under normal agricultural practices. For the purposes of this section, "baiting" means to place, deposit, tend, distribute, or scatter bait to aid in the taking of a deer.

(4) It shall be unlawful for a person to make use of bait to aid in the taking of a deer within the Lower Peninsula.

(5) In the Upper Peninsula a person may engage in baiting only if all of the following conditions apply:

(a) The baiting occurs only from October 1 to January 1.

(b) The bait material may be of any food type.

(c) The bait is scattered directly on the ground by any means, including mechanical spin-cast feeders, provided that the spin-cast feeder does not distribute on the ground more than the maximum volume allowed as described in subdivision (d) of this subsection. "Scattered" means that the bait is dispersed or thrown over a minimum of a 10‑foot by 10-foot or equivalent area so that individual pieces of bait are separated and not placed in piles. The purpose of scattering is to mimic natural feeding conditions.

(d) The volume of bait used at any 1 point in time shall not exceed 2 gallons at any 1 hunting site.

(6) It shall be unlawful for a person to make use of bait to aid in the taking of a deer if the bait and baiting does not meet all of the conditions specified in subsection (5) unless specifically authorized in the minimum quantity and for the minimum time required under the conditions of a permit issued pursuant to chapter V for a scientific research project or for the control of deer by a governmental agency.

History: Eff. Mar 31, 1989; Am. 23, 1989, Eff. Sep 1, 1990; Am. 4, 1990, Eff. Sep 1, 1990; Am. 2, 1993, Eff. Sep 1, 1993; Am. 19, 1993, Eff. Sep 10, 1993; Am. 3, 1994, Eff. Sep 1, 1994; Am. 2, 1998, Eff. May 15, 1998; Am. 15, 1998, Eff. Sep 10, 1998; Am. 1, 1999, Eff. Apr 1, 1999; Am. 3, 1999, Eff. May 1, 1999; Am. 11, 1999, Eff. Jul 8, 1999; Am. 9, 2000, Eff. Jun 9, 2000; Interim Order 3, 2001, Eff. Oct 1, 2001; Am. 8, 2002, Eff. Jun 8, 2002; Am. 2, 2003, Eff. Apr 12, 2003; Am. 8, 2008, Eff. Jun 6, 2008; Am. .Interim Order 1, 2008, Eff. Aug 26, 2008; Am. 15, 2008, Eff. Oct 10, 2008

3.100a Deer and elk feeding; prohibitions and conditions; words and phrases.

Sec. 3.100a (1) A person shall not engage in deer and elk feeding within the Lower Peninsula.

Deer and elk feeding prohibited except for recreational viewing and supplemental feeding, conditions for baiting and feeding in certain areas.

(2) In the Upper Peninsula a person shall not engage in deer and elk feeding except for recreational viewing and supplemental feeding conducted as prescribed in this section. In the event chronic wasting disease (CWD) is documented within the Upper Peninsula or within 50 miles of the Upper Peninsula’s border with another state or Canadian province, the director shall issue an interim order banning the use of bait and banning the feeding of deer and elk within the Upper Peninsula.

Recreational viewing in areas not closed to feeding, conditions.

(3) In the Upper Peninsula a person may engage in deer and elk feeding for recreational viewing only if all of the following conditions are met:

(a) The feed is placed not more than 100 yards from a residence of the person and upon land owned or possessed by that person.

(b) The feed is placed, scattered, or dispersed at least 100 yards from any area accessible to cattle, goats, sheep, new world camelids, bison, swine, horses, or captive cervidae and no more than 100 yards from a residence.

(c) The feed is scattered directly on the ground by any means, including mechanical spin-cast feeders, provided that the spin-cast feeder does not distribute on the ground more than the maximum volume allowed as described in subdivision (d) of this subsection.

(d) The volume of feed placed, scattered, or distributed does not exceed 2 gallons per residence at any 1 point in time.

(e) The feed placed, scattered, or distributed may be of any food type.

Deer or elk feeding on property under a person’s ownership or lease, prohibited conduct, "person" defined.

(4) A person shall not allow deer or elk feeding on property under their ownership or control in violation of this section. For the purposes of this subsection, "person" means an individual, partnership, corporation, association, or other non-governmental legal entity except if the property is leased it shall mean the individual, partnership, corporation, association, or other non-governmental legal entity with control or authority over the property except it shall not include the owner of lands enrolled under the provisions of Part 511, Commercial Forests, of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, being sections 51101 to 51120 of the Michigan Compiled Laws.

Meaning of words and phrases.

(5) For the purposes of this section:

(a) "Deer and elk feeding" shall have the same meaning as defined by section 40102 of the Natural Resources and Environmental Protection Act, Act No. 451 of the Public Acts of 1994, being section 40102 of the Michigan Compiled Laws.

(b) "Feed" shall have the same meaning as defined by section 40102 of the Natural Resources and Environmental Protection Act, Act No. 451 of the Public Acts of 1994, being section 40102 of the Michigan Compiled Laws.

(c) "New world camelids" means animals belonging to the genus llama and vicuna of the family camelidae of the order artiodactyla including, but not limited to, the llama, alpaca, vicuna, and guanaco.

(d) "Residence" shall have the same meaning as defined by section 40103 of the Natural Resources and Environmental Protection Act, Act No. 451 of the Public Acts of 1994, being section 40103 of the Michigan Compiled Laws.

Supplemental feeding of deer, counties listed, conditions.

(6) A person may engage in the supplemental feeding of deer in Ontonagon, Houghton, Keweenaw, Baraga, Alger, Luce, and those portions of Marquette and Chippewa counties north of the T43N-T44N boundary line if all of the following conditions are met:

(a) Prior to placing any feed, the person first acquires permission of the respective public land administrator and private property owner and a supplemental deer feeding permit issued by a department wildlife biologist. A person engaged in supplemental deer feeding shall possess a copy of the supplemental deer feeding permit and shall produce the permit upon the request of a conservation officer.

(b) The supplemental deer feeding is conducted in compliance with all of the following criteria:

(i) The placement of feed shall not begin prior to the Monday following January 1 and shall not extend beyond May 15 unless otherwise specified in the supplemental deer feeding permit.

(ii) All feed shall be placed ¼ mile or more from the nearest paved public highway unless otherwise specified in the supplemental deer feeding permit.

(iii) All feed shall be placed at least 1 mile from cattle, goats, sheep, new world camelids, bison, swine, horses, or captive cervidae unless otherwise specified in the supplemental deer feeding permit.

(iv) All feed shall be placed at least 1 mile from wheat fields, potato fields, commercial fruit orchards, commercial plantings of nursery stock or Christmas trees, unless otherwise specified in the supplemental deer feeding permit.

(v) The feed shall consist solely of grains and pelletized food materials containing no animal protein which is scattered or dispersed directly upon the ground to a depth which shall not exceed 3 inches.

(c) A person issued a supplemental deer feeding permit shall agree to assist the department in the collection of deer tissue samples for disease surveillance.

(d) A person issued a supplemental deer feeding permit shall report by May 30 the quantity and type of feed used, dates and duration of feeding, and other information as may be specified in the supplemental feeding permit. The department shall report to the commission the number of permits issued, quantity of feed used, and other relevant supplemental deer feeding information.

(e) Failure to comply with all provisions of a supplemental deer feeding permit shall make the permittee ineligible for any future supplemental deer feeding permits.

History: Eff. Oct 1, 1999; Am. 14, 1999; Am. 9, 2000, Eff. Jun 9, 2000; Am. 12, 2001, Eff. Sep 1, 2001; Am. 8, 2002, Eff. Jun 8, 2002; Am. 3, 2006, Eff. Jul 7, 2006; Am. Interim Order 1, 2008, Eff. Aug 26, 2008; Am. 15, 2008, Eff. Oct 10, 2008.

Compilers Note: MCL 324.4011a, as added by Act 66 of 1999, was repealed by Act 191 of 2004, Eff. Dec 31, 2004; it was subsequently amended by Act 537 of 2004, Eff. Jan 3, 2005, with a sunset provision effective January 1, 2010.

3.100b Prohibition on possession of free-ranging deer carcasses or parts thereof; reporting requirements; movement of deer carcasses or parts thereof.

Sec. 3.100b (1) A person shall not remove the carcass or parts of the carcass of a free-ranging deer from the CWD surveillance zone defined in section 12.900 of this order, other than deboned meat, antlers, antlers attached to a skull cap cleaned of all brain and muscle tissue, and hides, until a negative test for CWD is documented by the department for that carcass.

(2) The carcass or parts thereof of a hunter-harvested deer, other than deboned meat, antlers, antlers attached to a skull cap cleaned of brain and muscle tissue, and hides, shall not be possessed outside the CWD surveillance zone defined in section 12.900 of this order if originating from a free-ranging deer from the CWD surveillance zone, until a negative test for CWD is documented by the department for that carcass.

History: Am. 12, 2003, Eff. Jul 12, 2003; Am. Interim Order 2, 2008, Eff. Aug 29, 2008; Am. Interim Order 5 of 2008, Eff. Sep 15, 2008; Am. 16, 2008, Eff. Oct 10, 2008.

3.100c Repealed. Am. 3, 2006, Eff. Jul 7, 2006.

Compiler’s Note: This repealed section  has been incorporated into 3.100a  and pertained to supplemental deer feeding in the Upper Peninsula.

**Section 3.101 takes effect on March 6, 2009, and will remain in effect until March 6, 2012**

3.101 Deer hunting open seasons; type of deer that may be taken; carrying of firearms; season limit.  

Sec. 3.101 (1) The open firearm deer season shall be from November 15 to November 30.

(2) The open muzzle-loading and black-powder firearms deer season in zone 1 shall be a total of 10 days from the first Friday in December to nine days thereafter. The open muzzle-loading and black-powder firearms deer season in zone 2 shall be a total of 10 days from the second Friday in December to nine days thereafter. The open muzzle-loading and black-powder firearms deer season in zone 3 shall be a total of 17 days from the first Friday in December to 16 days thereafter.

(3) Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, a person hunting deer with a muzzleloading firearm during the muzzle-loading and black-powder firearms season shall only possess or carry afield, or take a deer with a muzzle-loading rifle, muzzle-loading shotgun, or black-powder pistol, loaded with black-powder or a commercially manufactured black-powder substitute, or a crossbow.

(4) The open bow and season shall be from October 1 through November 14 and from December 1 through January 1.

(5) Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, during the open bow and arrow season, a person hunting deer with a bow and arrow or a crossbow shall not possess or carry afield a pistol, revolver, or any other firearm unless the person is properly licensed to hunt deer with a firearm and is hunting in an area open to firearm deer hunting.

(6) The late antlerless firearm deer season shall be from the first Monday following the third Saturday in December through January 1 upon privately owned lands within Alcona, Allegan, Alpena, Barry, Bay, Berrien, Branch, Calhoun, Cass, Clinton, Eaton, Genesee, Gratiot, Hillsdale, Huron, Ingham, Ionia, Iosco, Isabella, Jackson, Kalamazoo, Kent, Lapeer, Lenawee, Livingston, Mecosta, Midland, Montcalm, Montmorency, Muskegon, Oakland, Oceana, Oscoda, Ottawa, Presque Isle, St. Joseph, Saginaw, Sanilac, Shiawassee, Tuscola, Van Buren, Washtenaw counties, and that portion of Newaygo county south of m-20. Only a person possessing a valid antlerless deer license issued for the deer management unit in which they are hunting may take a deer during this season.

(7) The deer management assistance firearm hunt period shall be from the first Monday following the third Saturday in December through January 1 upon lands owned by federal, state, county, or local units of government, non-profit organizations, and other urban or suburban properties in zone 3. Only those areas with a wildlife division approved deer population management plan will be considered for issuance of these special deer management assistance permits. Only a person possessing a valid deer management assistance permit issued for this hunt period may take a deer with a firearm or a crossbow during this season.

(8) The season limit shall be 1 deer per firearm deer license, 1 deer per bow and arrow deer license, 1 deer per tag issued with a combination deer license, plus 1 deer per antlerless deer license.

(9) Except as provided by sections 3.101a, 3.101c and 3.101d, the kind of deer which may be taken during the respective open seasons for each combination of season and deer license type shall be as follows:


Type of license

Season in which used

Kind of deer that may be taken

Bow and arrow deer license

Bow and arrow only seasons

 

Antlerless or antlered deer, except if a person takes 2 antlered deer all seasons combined, one of the antlered deer must have at least 1 antler with 4 or more antler points 1 or more inches in length

 

Firearm deer license

Firearm deer season, muzzle-loading and black-powder firearms only season

Antlered deer, except if a person takes 2 antlered deer all seasons combined, one of the antlered deer must have at least 1 antler with 4 or more antler points 1 or more inches in length

 

Youth and 100% disabled veteran firearm deer hunting days

Antlerless or antlered deer

Combination deer license – Regular

Bow and arrow only seasons

 

Antlerless or antlered deer

 

Firearm deer season or muzzle-loading and black-powder firearms only season

 

Antlered deer

Youth and 100% disabled veteran firearm deer hunting days

 

Antlerless or antlered deer

Combination deer license – Restricted

Bow and arrow only seasons

Antlerless deer or a deer which has at least 1 antler with 4 or more antler points 1 or more inches in length

 

Firearm deer season or muzzle-loading and black-powder firearms only season

 

A deer which has at least 1 antler with 4 or more antler points 1 or more inches in length

 

Youth and 100% disabled veteran firearm deer hunting days

Antlerless deer or a deer which has at least 1 antler with 4 or more antler points 1 or more inches in length

 

(10) The early antlerless firearm deer season shall be a 5 day hunt starting on the third Thursday in September upon privately owned lands within Alcona, Alpena, Iosco, Montmorency, Oscoda, and Presque Isle counties and upon privately owned lands within zone 3. Only a person possessing a valid private land antlerless deer license issued for the deer management unit in which they are hunting may take a deer during this season.

History: Eff. Mar 31, 1989; Am. 2, 1989, Eff. Sep 1, 1989; Am. 18, 1989, Eff. Sep 1, 1989; Am. 24, 1989, Eff. Dec 15, 1989; Am. 4, 1990, Eff. Sep 1, 1990; Am. 6, 1991, Eff. Sep 1, 1991; Am. 19, 1993, Eff. Sep 10, 1993; Am. 3, 1994, Eff. Sep 1, 1994; Am. 3, 1997, Eff. Jun 1, 1997; Am. 6, 1998, Eff. May 15, 1998.; Am. 15, 1998, Eff. Sep 10, 1998; Am. 15, 1998, Eff. Sep 10, 1998; Am. 8, 1999, Eff. Sep 1, 1999; Am. 2, 2000, Eff. Jan 14, 2000; Am. 7, 2000, Eff. Sep 1, 2000; Am. 6, 2001, Eff. Jun 1, 2001; Am. 8, 2002, Eff. Jun 8, 2002; Am. 8, 2003, Eff. Jun 7, 2003; Am. 7, 2004, Eff. Jun 5, 2004; Am. 2, 2005, Eff. Mar 11, 2005; Am. 5, 2005, Eff. May 6, 2005; Am. 17, 2006, Eff. Oct 6, 2006; Am. 13, 2007, Eff. Jul 13, 2007; Am. 1, 2008, Eff. Jan 11, 2008; Am. 7, 2008, Eff. May 9, 2008; Am. 10, 2008, Eff. Jun 6, 2008; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6, 2012; Am. 7, 2009, Eff. May 7, 2009.

**Section 3.101 is superseded by Am. 2 of 2009 from March 6, 2009, through March 6, 2012**

3.101 Deer hunting open seasons; type of deer that may be taken; carrying of firearms; season limit.

Sec. 3.101 (1) The open firearm deer season shall be from November 15 to November 30.

(2) The open muzzle-loading and black-powder firearms deer season in zone 1 shall be a total of 10 days from the first Friday in December to nine days thereafter. The open muzzle-loading and black-powder firearms deer season in zone 2 shall be a total of 10 days from the second Friday in December to nine days thereafter. The open muzzle-loading and black-powder firearms deer season in zone 3 shall be a total of 17 days from the first Friday in December to 16 days thereafter.

(3) Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, a person hunting deer with a muzzleloading firearm during the muzzle-loading and black-powder firearms season shall only possess or carry afield, or take a deer with a muzzle-loading rifle, muzzle-loading shotgun, or black-powder pistol, loaded with black-powder or a commercially manufactured black-powder substitute.

(4) The open bow and arrow only season shall be from October 1 through November 14 and from December 1 through January 1.

(5) Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, during the open bow and arrow only season, a person hunting deer with a bow and arrow shall not possess or carry afield a pistol, revolver, or any other firearm unless the person is properly licensed to hunt deer with a firearm and is hunting in an area open to firearm deer hunting.

(6) The late antlerless firearm deer season shall be from the first Monday following the third Saturday in December through January 1 upon privately owned lands within Alcona, Allegan, Alpena, Barry, Branch, Calhoun, Cass, Clinton, Crawford, Eaton, Genesee, Gratiot, Hillsdale, Huron, Ingham, Ionia, Jackson, Kalamazoo, Kent, Lapeer, Lenawee, Livingston, Montcalm, Montmorency, Oakland, Oscoda, Otsego, Ottawa, Presque Isle, St. Joseph, Sanilac, Shiawassee, Tuscola, Van Buren, and Washtenaw counties. Only a person possessing a valid antlerless deer license issued for the deer management unit in which they are hunting may take a deer during these seasons.

(7) The deer management assistance firearm hunt period shall be from the first Monday following the third Saturday in December through January 1 upon lands owned by federal, state, county, or local units of government, non-profit organizations, and other urban or suburban properties in zone 3. Only those areas with a wildlife division approved deer population management plan will be considered for issuance of these special deer management assistance permits. Only a person possessing a valid deer management assistance permit issued for this hunt period may take a deer with a firearm during this season.

(8) The season limit shall be 1 deer per firearm deer license, 1 deer per bow and arrow deer license, 1 deer per tag issued with a combination deer license, plus 1 deer per antlerless deer license.

(9) Except as provided by sections 3.101a, 3.101c and 3.101d, the kind of deer which may be taken during the respective open seasons for each combination of season and deer license type shall be as follows:

Type of license

Season in which used

Kind of deer that may be taken

Bow and arrow deer license

Bow and arrow only seasons

Antlerless or antlered deer, except if a person takes 2 antlered deer all seasons combined, one of the antlered deer must have at least 1 antler with 4 or more antler points 1 or more inches in length

Firearm deer license

Firearm deer season, muzzle-loading and black-powder firearms only season

Antlered deer, except if a person takes 2 antlered deer all seasons combined, one of the antlered deer must have at least 1 antler with 4 or more antler points 1 or more inches in length

Youth and 100% disabled veteran firearm deer hunting days

Antlerless or antlered deer

Combination deer license – Regular

Bow and arrow only seasons

Antlerless or antlered deer

 

Firearm deer season or muzzle-loading and black-powder firearms only season

Antlered deer

 

Youth and 100% disabled veteran firearm deer hunting days

Antlerless or antlered deer

Combination deer license – Restricted

Bow and arrow only seasons

Antlerless deer or a deer which has at least 1 antler with 4 or more antler points 1 or more inches in length

 

Firearm deer season or muzzle-loading and black-powder firearms only season

A deer which has at least 1 antler with 4 or more antler points 1 or more inches in length

 

Youth and 100% disabled veteran firearm deer hunting days

Antlerless deer or a deer which has at least 1 antler with 4 or more antler points 1 or more inches in length

(10) The early antlerless firearm deer season shall be a 5 day hunt starting on the third Thursday in September upon privately owned lands within Alcona, Alpena, Iosco, Montmorency, Oscoda, and Presque Isle counties and upon privately owned lands within zone 3. Only a person possessing a valid private land antlerless deer license issued for the deer management unit in which they are hunting may take a deer during this season.

History: Eff. Mar 31, 1989; Am. 2, 1989, Eff. Sep 1, 1989; Am. 18, 1989, Eff. Sep 1, 1989; Am. 24, 1989, Eff. Dec 15, 1989; Am. 4, 1990, Eff. Sep 1, 1990; Am. 6, 1991, Eff. Sep 1, 1991; Am. 19, 1993, Eff. Sep 10, 1993; Am. 3, 1994, Eff. Sep 1, 1994; Am. 3, 1997, Eff. Jun 1, 1997; Am. 6, 1998, Eff. May 15, 1998.; Am. 15, 1998, Eff. Sep 10, 1998; Am. 15, 1998, Eff. Sep 10, 1998; Am. 8, 1999, Eff. Sep 1, 1999; Am. 2, 2000, Eff. Jan 14, 2000; Am. 7, 2000, Eff. Sep 1, 2000; Am. 6, 2001, Eff. Jun 1, 2001; Am. 8, 2002, Eff. Jun 8, 2002; Am. 8, 2003, Eff. Jun 7, 2003; Am. 7, 2004, Eff. Jun 5, 2004; Am. 2, 2005, Eff. Mar 11, 2005; Am. 5, 2005, Eff. May 6, 2005; Am. 17, 2006, Eff. Oct 6, 2006; Am. 13, 2007, Eff. Jul 13, 2007; Am. 1, 2008, Eff. Jan 11, 2008; Am. 7, 2008, Eff. May 9, 2008; Am. 10, 2008, Eff. Jun 6, 2008.

3.101a Deer hunting in zone 1 season limit and antler restriction.

Sec. 3.101a (1) Notwithstanding any other provisions of this order a person purchasing a firearm deer license and a bow and arrow deer license shall not take more than one antlered deer in zone 1.

(2) Notwithstanding any other provisions of this order a person possessing a regular combination deer license shall not take an antlered deer unless the deer has at least 1 antler with 3 or more antler points each 1 or more inches in length in zone 1.

(3) A person possessing a restricted combination deer license shall not take an antlered deer unless the deer has at least 1 antler with 4 or more antler points each 1 or more inches in length.

History:  Am. 10, 2008, Eff. Jun 6, 2008.

3.101b Repealed. Am. 6, 2001, Eff. Jun 1, 2001.

Publisher's Note: The repealed section pertained to deer management units 77, 83, 89, and 94, taking restricted to deer with 3 inch or longer antlers.

3.101c Deer hunting in deer management units 117 and 135, antler restriction.

Sec. 3.101c Notwithstanding any other provisions of this order, in deer management units 117 and 135, a person shall not take an antlered deer unless the deer has at least 1 antler with 2 or more antler points each 1 or more inches in length.

History:  Am. 3, 1997, Eff. Jun 1, 1997; Am. 7, 1997, Eff. Sep 1, 1997; Am. 15, 1998, Eff. Sep 10, 1998; Am. 6, 2001, Eff. Jun 1, 2001.

3.101d Deer hunting in deer management units 045 and 122 antler restriction.

Sec. 3.101d Notwithstanding any other provisions of this order, in deer management units 045 and 122, a person shall not take an antlered deer unless the deer has at least 1 antler with 3 or more antler points each 1 or more inches in length.

History:  Am. 9, 1999, Eff. Sep 1, 1999; Am. 6, 2001, Eff. Jun 1, 2001; Am. 4, 2002, Eff. Jun 1, 2003; Am. 5, 2004, Eff. May 8, 2004; Am. 7, 2006, Eff. May 5, 2006.

**Section 3.101e takes effect on March 6, 2009, and will remain in effect until March 6, 2012**

3.101e Youth and 100 percent disabled veteran firearm deer hunting days, season established, limits defined, adult requirements, hunting hours.

Sec. 3.101e (1)The youth and 100 percent disabled veteran firearm deer hunting days shall be a 2-day hunt starting the fourth Saturday in September.

(2) Individuals wishing to participate in the youth and 100 percent disabled veteran firearm deer hunting days shall be eligible if one of the following applies:

(a) A youth 10 through 16 years of age.

(b) A veteran with 100 percent disability as defined by the United States department of veterans affairs. Documentation from the United States department of veteran’s affairs indicating 100 percent disability shall be in the possession of a veteran participating in this hunt.

(c) A resident rated by the United States department of veterans affairs as individually unemployable.  Documentation from the United States department of veteran’s affairs indicating this rating shall be in the possession of a veteran participating in this hunt.

(3) The following rules shall apply to a person taking deer on the youth firearm deer hunting days:

(a) A person participating in youth and 100 percent disabled veteran firearm deer hunting days may take one deer provided they possess a firearm or combination deer hunting license or an antlerless deer hunting license valid for the unit in which they are hunting. Notwithstanding any other provisions of this order, during the youth firearm deer hunting days a firearm or combination deer hunting license is valid for either an antlered or an antlerless deer.

(b) A parent or legal guardian shall not allow a youth hunter to go afield to hunt deer unless the youth hunter is accompanied by an adult at least 18 years of age or older. Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, an adult accompanying a youth firearm deer hunter shall not possess or carry a firearm, a crossbow, or bow and arrow, except a veteran with 100 percent disability may possess a firearm, crossbow, or bow and arrow if hunting under the authority of section 3.101e(2)(b).

(c) The hunting hours shall be one-half hour before sunrise to one-half hour after sunset, local time.

(d) Except as otherwise specifically provided in this section, all regulations of state law and this order regarding the taking, possession, transportation, and storage of deer during a firearm deer season shall apply to persons participating in youth and 100 percent disabled veteran firearm deer hunting days.

History: Am. 8, 2000, Eff. Sep 1, 2000; Am. 6, 2001, Eff. Jun 1, 2001; Am. 7, 2004, Eff. Jun 5, 2004; Am. 2, 2005, Eff. Mar 11, 2005; Am. 16, 2006, Eff. Aug 11, 2006; Am. 13, 2007, Eff. Jul 13, 2007; Am. 7, 2008, Eff. May 9, 2008; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6, 2012.

**Section 3.101e is superseded by Am. 2 of 2009 from March 6, 2009, through March 6, 2012**

3.101e Youth and 100 percent disabled veteran firearm deer hunting days, season established, limits defined, adult requirements, hunting hours.

Sec. 3.101e (1)The youth and 100 percent disabled veteran firearm deer hunting days shall be a 2-day hunt starting the fourth Saturday in September.

(2) Individuals wishing to participate in the youth and 100 percent disabled veteran firearm deer hunting days shall be eligible if one of the following applies:

(a) A youth 10 through 16 years of age.

(b) A veteran with 100 percent disability as defined by the United States department of veterans affairs. Documentation from the United States department of veteran’s affairs indicating 100 percent disability shall be in the possession of a veteran participating in this hunt.

(c) A resident rated by the United States department of veterans affairs as individually unemployable. Documentation from the United States department of veteran’s affairs indicating this rating shall be in the possession of a veteran participating in this hunt.

(3) The following rules shall apply to a person taking deer on the youth firearm deer hunting days:

(a) A person participating in youth and 100 percent disabled veteran firearm deer hunting days may take one deer provided they possess a firearm or combination deer hunting license or an antlerless deer hunting license valid for the unit in which they are hunting. Notwithstanding any other provisions of this order, during the youth firearm deer hunting days a firearm or combination deer hunting license is valid for either an antlered or an antlerless deer.

(b) A parent or legal guardian shall not allow a youth hunter to go afield to hunt deer unless the youth hunter is accompanied by an adult at least 18 years of age or older. Subject to section 43510, subsections (2) and (3), of Part 435, as amended, hunting and fishing licensing, MCL 324.43510, an adult accompanying a youth firearm deer hunter shall not possess or carry a firearm, or bow and arrow, except a veteran with 100 percent disability may possess a firearm, or bow and arrow if hunting under the authority of section 3.101e(2)(b).

(c) The hunting hours shall be one-half hour before sunrise to one-half hour after sunset, local time.

(d) Except as otherwise specifically provided in this section, all regulations of state law and this order regarding the taking, possession, transportation, and storage of deer during a firearm deer season shall apply to persons participating in youth and 100 percent disabled veteran firearm deer hunting days.

History: Am. 8, 2000, Eff. Sep 1, 2000; Am. 6, 2001, Eff. Jun 1, 2001; Am. 7, 2004, Eff. Jun 5, 2004; Am. 2, 2005, Eff. Mar 11, 2005; Am. 16, 2006, Eff. Aug 11, 2006; Am. 13, 2007, Eff. Jul 13, 2007; Am. 7, 2008, Eff. May 9, 2008.

3.101f Permitted tagging of male antlerless deer.

Sec. 3.101f Notwithstanding the provisions of subsection 3.101(9) regarding the kind of deer that may be taken, a person with unused kill tags valid for both an antlered and antlerless deer for the deer management unit in which they are hunting, and killing a male antlerless deer, may tag the male antlerless deer with a kill tag designated in subsection 3.101(9) for the taking of an antlered deer.

History: Am. 6, 2001, Eff. Jun 1, 2001; Am. 8, 2003, Eff. Jun 7, 2003.

3.101g Special firearm disabled hunter deer hunting days, season established, participation requirements, limits defined.

(1) The special firearm deer hunt for disabled hunters shall be a total of 4 days starting the Thursday prior to the third Saturday in October and for 3 days thereafter upon privately owned lands, or public lands requiring an access permit and open to the special firearm deer hunt for disabled hunters by lottery. 

(2) Individuals wishing to participate in the special firearm deer hunt for disabled hunters shall be eligible if one of the following applies:

(a) A person is in possession of a permit issued by the department to hunt from a standing vehicle.

(b) A veteran with 100 percent disability as defined by the United States department of veterans affairs. Documentation from the United States department of veterans affairs indicating 100 percent disability shall be in the possession of a veteran participating in this hunt.   

(c) A resident rated by the United States department of veterans affairs as individually unemployable.  Documentation from the United States department of veterans affairs indicating this rating shall be in the possession of a veteran participating in this hunt.

(d) A blind person, as defined by section 1 of Act No. 260 of the Public Acts of 1978, being section 393.351 of the Michigan Compiled Laws.

(3) Eligible individuals wishing to participate in the special firearm deer hunt for disabled hunters on public land must apply for a permit through a lottery system in accordance with instructions provided by the land manager.

(4) Except as already provided in section 40114, part 401, wildlife conservation, Act No. 451 of the Public Acts of 1994, being section 324.40114 of the Michigan Compiled Laws, authorizing the taking of a deer of either sex by persons with a permit to hunt from a standing vehicle, all regulations of state law and this order regarding the taking, possession, transportation, and storage of deer during a firearm deer season shall apply to a person participating in this hunt.

History: Eff. Jan 11, 2008; Am. 7, 2008, Eff. May 9, 2008

3.101h Deer check; requirements.

Sec. 3.101h A person killing a deer within the CWD surveillance zone defined in section 12.900, shall present the entire deer, or head with at least 3 vertebra attached, at a department designated check station within the CWD surveillance zone within the business hours of the next 72 hours after killing the deer. The field validation kill tag must be attached to the deer. The head, with vertebra, will be surrendered to the department for CWD testing.  The hunter may retain the antlers attached to a skull cap cleaned of all brain and muscle tissue. 

History: Interim Order 2, 2008, Eff. Aug 29, 2008; Am. Interim Order 5, 2008, Eff. Sep 15, 2008; Am. 16, 2008, Eff. Oct 10, 2008

3.102 Antlerless deer license; validity; authority; types; restrictions; units.

Sec. 3.102 (1) Antlerless deer licenses are only valid in their specified deer management unit when the unit has a season open to the taking of deer. Antlerless deer licenses do not grant permission to hunt on private property without the permission of the owner. A person purchasing an antlerless deer license over the counter shall do so in person.

(2) Antlerless deer licenses shall only be valid for taking an antlerless deer.

(3) Except as otherwise provided in this subsection, the holder of a valid public land antlerless deer license shall only take a deer from publicly owned lands within the deer management unit specified on the antlerless deer license. Public land antlerless deer licenses shall not be valid on any privately owned lands except lands open to hunting by the general public under the provisions of Part 511, Commercial Forests, of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, being sections 324.51101 to 324.51120 of the Michigan Compiled Laws.

(4) The holder of a valid private land antlerless deer license shall only take a deer from privately owned lands within the deer management unit specified on the private land antlerless deer license. The private land antlerless deer license shall not be valid on publicly owned lands and lands open to hunting by the general public under the provisions of Part 511, Commercial Forests, of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, being sections 324.51101 to 324.51120 of the Michigan Compiled Laws.

(5) The deer management units, as defined in chapter XII, listed in section 3.105a are open to the taking of antlerless deer by public land antlerless deer license or private land antlerless deer license, or any combination.

(6) The director, in consultation with and concurrence of the chair or vice chair of the natural resources commission, may require an application to obtain an antlerless deer license or may issue antlerless deer licenses through the retail sales system on a first-come, first-served basis for use in designated deer management units.

(7) The director in consultation with and concurrence of the chair or vice chair of the natural resources commission may issue antlerless deer licenses through the retail sales system on a first-come, first-served basis for use in designated deer management units when the director determines that antlerless deer licenses remain unsold after the drawing, provided for in section 3.104, has been held or where such issuance is in the best interest of deer management. An application for the current year is not required to purchase an antlerless deer license that remains after the drawing, provided for in section 3.104, has been held.

(8) Young hunters 10 to 16 years of age on or before the 4th Saturday in September may purchase 1 private or public land antlerless deer license, over the counter, on a first-come, first-served basis, during the application period for antlerless licenses for any deer management unit with antlerless licenses available.

(9) A person shall not purchase more than 2 antlerless deer hunting license per calendar day.

(10) The season limit for private land antlerless licenses shall be 5 per person except for the following:

(a) No person shall purchase more than 2 private land antlerless licenses combined for deer management units in zone 1 and for deer management units which are entirely within zone 2.

(b) Deer management units in Alpena, Alcona, Crawford, Iosco, Kent, Montmorency, Oscoda, Otsego, and Presque Isle counties shall not be included in the season limit as defined in section 3.102(10) of this order.

History: Eff. Mar 31, 1989; Am. 3, 1989, Eff. Sep 1, 1989; Am. 4, 1990, Eff. Sep 1, 1990; Am. 6, 1991, Eff. Sep 1, 1991; Am. 3, 1997, Eff. Jun 1, 1997; Am. 6, 1998, Eff. May 15, 1998; Am. 15, 1998, Eff. Sep 10, 1998; Am. 8, 1999, Eff. Sep 1, 1999; Am. 14, 2000, Eff. Jul 14, 2000; Am. 4, 2001, Eff. Jun1, 2001; Am. 8, 2002, Eff. Jun 8, 2002; Am. 12, 2004, Eff. Jun 5, 2004; Am. 2, 2006, Eff. May 5, 2006; Am. 8, 2006, Eff. Jun 2, 2006; Am. 16, 2006, Eff. Aug 11, 2006; Am. 13, 2007, Eff. Jul 13, 2007; Am. 7, 2008, Eff. May 9, 2008; Am. 7, 2009, Eff. May 7, 2009; Am. 13, 2009, Eff. Jul 9, 2009.

3.103 Issuance of deer kill tags; validation of deer kill tag; unlawful acts.

Sec. 3.103 (1) The director shall issue a kill tag as part of each deer hunting license. A person who kills a deer shall immediately validate the kill tag by notching out the appropriate information on the tag and attach the kill tag to the antler, lower jaw, or gambrel of the deer in a secure and permanent manner.

(2) Except as provided in this subsection for the removal of a kill tag, it shall be unlawful to possess or transport a deer without a validated deer kill tag attached. The kill tag shall remain attached to the deer until any 1 of the following conditions are met:

(a) The carcass is processed or butchered for consumption by an individual for their personal use.

(b) The carcass is accepted for processing and recorded by a commercial processor. If the antlers or head is returned to the person submitting the animal to the commercial processor, the kill tag shall accompany the head or antlers.

(c) The carcass is accepted for processing and recorded by a taxidermist.

History: Eff. Mar 31, 1989; Am. 3, 1989, Eff. Sep 1, 1989; Am. 19, 1993, Eff. Sep 10, 1993; Am. 3, 1994, Eff. Sep 1, 1994; Am. 3, 1997, Eff. Jun 1, 1997; Am. 6, 1998, Eff. May 15, 1998.

3.104 Antlerless deer hunting license application procedures; qualifications; unlawful acts.

Sec. 3.104 (1) A person desiring to acquire an antlerless deer hunting license that is available by application must make application for a license through the retail sales system in accordance with instructions provided by the department. The fee for each antlerless deer license shall be established by the director. If the number of applications for a license in any unit exceeds the quota of licenses to be issued, a random drawing will determine the successful applicants.

(2) A person shall not make more than 1 application for an antlerless deer hunting license per license year.

(3) Applications must be submitted in accordance with instructions no later than August 15 of the year in which application was made to be eligible for the drawing.

(4) A person desiring to acquire a private land antlerless license shall provide the contact telephone number for the owner of the land within that deer management unit granting permission to deer hunt.

History: Eff. Mar 31, 1989; Am. 3, 1989, Eff. Sep 1, 1989; Am. 3, 1992, Eff. Sep 1, 1992; Am. 3, 1994, Eff. Sep 1, 1994; Am. 6, 1995, Eff. Sep 1, 1995; Am. 3, 1997, Eff. Jun 1, 1997; Am. 5, 1997, Eff. Aug 1, 1997; Am. 6, 1998, Eff. May 15, 19981998; Am. 8, 1999, Eff. Sep 1, 1999; Am. 14, 2000, Eff. Jul 14, 2000; Am. 4, 2001, Eff. Jun 1, 2001; Am. 14, 2001, Eff. Sep 15, 2001; Am. 8, 2002, Eff. Jun 8, 2002; Am. 2, 2006, Eff. May 5, 2006; Am. 8, 2006, Eff. Jun 2, 2006; Am. 13, 2007, Eff. Jul 13, 2007; Am. 7, 2008, Eff. May 9, 2008.

3.105 Antlerless-only license quotas.

Sec. 3.105 (1) The director, in consultation with and concurrence of the chair or vice chair of the natural resources commission, may make appropriate minor changes to antlerless deer quotas established in 3.105(2) to meet disease control, population goal, or other management objectives.

(2) Notwithstanding any other provision of this section, the antlerless deer license quotas are as follows:

DMU

DMU Name

Public licenses

Private licenses

Total Licenses

01

Alcona County

4,000

7,000

11,000

03

Allegan County

3,000

12,000

15,000

04

Alpena County

2,000

5,000

7,000

05

Antrim County

0

5,000

5,000

06

Arenac County

700

7,600

8,300

07

Big Bay Unit

0

0

0

08

Barry County

1,800

17,000

18,800

09

Bay County

100

3,000

3,100

10

Benzie County

0

300

300

11

Berrien County

200

8,000

8,200

12

Branch County

100

12,000

12,100

13

Calhoun County

100

16,000

16,100

14

Cass County

500

8,000

8,500

15

Charlevoix County

0

3,400

3,400

16

Cheboygan County

0

0

0

17

Sault Ste. Marie Unit

0

1,000

1,000

18

Clare County

900

8,700

9,600

19

Clinton County

1,200

14,000

15,200

20

Crawford County

1,200

1,500

2,700

21

Manistique Unit

0

0

0

22

Iron Mountain Unit

1,500

5,000

6,500

23

Eaton County

100

13,000

13,100

24

Emmet County

0

0

0

25

Genesee County

0

8,500

8,500

26

Gladwin County

1,500

8,300

9,800

27

Watersmeet Unit

0

0

0

28

Grand Traverse County

0

600

600

29

Gratiot County

1,600

11,000

12,600

30

Hillsdale County

400

16,000

16,400

31

Nisula Unit

0

500

500

32

Huron County

1,000

12,000

13,000

33

Ingham County

600

11,000

11,600

34

Ionia County

1,200

15,000

16,200

35

Iosco County

1,000

7,500

8,500

36

Amasa/Michigamme Unit

0

0

0

37

Isabella County

100

11,000

11,100

38

Jackson County

1,600

20,000

21,600

39

Kalamazoo County

900

9,000

9,900

40

Kalkaska County

0

100

100

41

Kent County

1,100

18,100

19,200

42

Keweenaw Unit

0

0

0

43

Lake County

0

3,000

3,000

44

Lapeer County

2,000

15,000

17,000

45

Leelanau County

0

300

300

46

Lenawee County

400

10,000

10,400

47

Livingston County

1,400

15,000

16,400

48

Newberry Unit

0

0

0

50

Macomb County

200

 3,200

3,400

51

Manistee County

0

 3,400

3,400

53

Mason County

0

5,000

5,000

54

Mecosta County

200

 13,800

14,000

55

Menominee Unit

3,000

 10,000

13,000

56

Midland County

 1,500

 7,500

9,000

57

Missaukee County

0

3,200

3,200

58

Monroe County

200

1,800

2,000

59

Montcalm County

1,500

19,000

20,500

60

Montmorency County

3,700

7,800

11,500

61

Muskegon County

800

7,000

7,800

63

Oakland County

2,500

7,000

9,500

64

Oceana County

500

4,500

5,000

65

Ogemaw County

1,000

6,000

7,000

66

Ontonagon County

0

0

0

67

Osceola County

0

5,000

5,000

68

Oscoda County

3,000

4,500

7,500

69

Otsego County

0

0

0

70

Ottawa County

400

9,000

9,400

71

Presque Isle County

3,000

6,500

9,500

72

Roscommon County

0

0

0

73

Saginaw County

200

7,000

7,200

74

St. Clair County

700

 9,000

9,700

75

St. Joseph County

300

8,000

8,300

76

Sanilac County

1,500

16,000

17,500

78

Shiawassee County

200

14,000

14,200

79

Tuscola County

2,700

14,000

16,700

80

Van Buren County

200

10,000

10,200

81

Washtenaw County

1,500

14,000

15,500

82

Wayne County

100

1,200

1,300

83

Wexford County

0

3,400

3,400

115

Beaver Island

200

300

500

117

Drummond Island

200

100

300

121

Bay De Noc

500

1,000

 1,500

122

Norway Unit

200

2,500

2,700

127

Ironwood Unit

0

300

300

131

Twin Lakes Unit

0

0

0

135

Tawas Unit

200

600

800

145

North Manitou Island

0

0

0

149

Round/Bois Blanc Island

0

0

0

152

Gwinn Unit

0

0

0

155

Gladstone Unit

800

3,600

4,400

162

South Newaygo County

500

5,500

6,000

173

Shiawassee Flats

1,400

400

1,800

17