Michigan Department of
Natural Resources – Wildlife Division
IC 2563-1 Revised December
2007
This booklet must be read in its entirety and
retained for future reference by anyone applying for a Game Bird Hunting
Preserve License. For the purposes of
this circular the terms “shooting preserve” and “game bird hunting preserve”
have the same meaning. Questions should
be addressed to: Permit Specialist,
Michigan Department of Natural Resources, Wildlife Division,
Overview
Pheasants, bobwhite quail,
Hungarian partridge, mallard ducks and exotic game birds may be raised and
released for hunting for an extended season on hunting preserves licensed by
the Michigan Department of Natural Resources (MDNR, or Department). Public Act 451 of 1994, and rules promulgated
pursuant to that Act provide the MDNR with authority to issue hunting preserve
licenses and to regulate the taking of game birds on the licensed premises. Game Bird Hunting Preserve Licenses are
issued on a three-year renewal cycle, expiring on the third June 30 after the
date of issue. The license fee is $105
for preserves 320 acres or less, or $180 for preserves over 320 acres. The license must specifically indicate the
species authorized for use, and indicate an estimate of the number of each
species to be released annually. Hunting
preserve property must be owned or leased by the applicant/licensee. Hunting preserves can be established for private
or public use. Those open for public use
may designate a public membership requirement and/or hunting by reservation
only requirement. Applicants may also designate that their preserve be included
on a list for general distribution.
Acreage Requirements
Hunting preserves are generally
restricted to one continuous tract of land.
Preserves utilizing upland game birds must be at least 80 acres. Preserves utilizing only mallard ducks can be
as small as 50 acres. Preserves shall
not be greater than 640 acres at any one licensed location. Two or more parcels may be licensed as one
preserve if the parcels are close enough to be operated as one (as determined
by the Department), and provided each parcel meets the minimum acreage
requirement. Preserves licensed prior to
July 1, 1991 with separate parcels less than the minimum acreage requirement
will continue to be approved by the Department provided the total acres covered
by that license meets or exceeds the minimum acreage requirement. After
Basis for Approval or Denial of a License
Upon receipt of a properly filed
application, the property will be subject to an inspection. The Department’s primary focus when
evaluating a proposed new game bird hunting preserve is to determine whether or
not an excessive number of wild birds would be killed if the area was licensed
as a preserve. Habitat, population
surveys, and knowledge regarding winter concentrations of birds are taken into
account when making this determination.
As wild pheasant numbers have continued to remain relatively low, the
opportunity to hunt pheasants on preserves is becoming more popular. Due to the declining likelihood of negative
impacts to wild pheasant populations, properly
completed game bird hunting preserve applications are likely to be approved. However,
a Department representative may recommend denial of the license for the
following reasons:
1) If it appears probable that an excessive number of
wild game birds may be killed at the proposed location.
2) If the proposed location supports a known large winter
concentration of wild game birds, is an important waterfowl production area, or
attracts large numbers of migrating waterfowl.
3) If mallard ducks are proposed for use and the proposed
layout of buildings, pens, duck towers, duck ponds, blinds, etc., are not
adequate and proper (see “Mallards” on page 2).
4) If a preserve at the proposed location may create a
hazard (safety zone or other) or the Department determines that the issuance of
a license is not in the public interest.
The proposed hunting preserve
property will be inspected and/or evaluated by both, a MDNR, Wildlife Biologist
and a MDNR, Law Enforcement Conservation Officer. The Wildlife Biologist and Conservation
Officer may make this inspection together or separately. The Wildlife Biologist will complete a Game
Bird Hunting Preserve Application Inspection Report. The Conservation Officer will co-sign this report. Inspectors may recommend a modification to
the application or proposed property boundary as a condition for approval.
SAFETY ZONES
If the proposed preserve boundary
includes the safety zone of a neighbor, inspectors may require the applicant to
modify the boundary such that there is no safety zone infringement; or post the
safety zone with signs prohibiting hunters from entering the safety zone; or
obtain written permission from the land owner allowing hunting within the
safety zone. Safety zones are all areas
within 150 yards of an occupied building, house, cabin, or any barn or other
building used in a farm operation. No
person may hunt or discharge a firearm in a safety zone, or shoot at any wild
animal or wild bird within a safety zone without the written permission of the
owner or occupant of such safety zone.
NEIGHBORS AND LOCAL GOVERNMENTS
Notification to local governments
and neighbors, by the Department or by applicants, is not a requirement of the
application process. There is nothing
within Act 451 of 1994 or Orders issued pursuant to that Act, requiring
applicants to obtain local government approval, or inform neighbors, prior to
applying for, or being issued, this license.
However, it is recommended that new applicants discuss their plans to
apply for this license with their neighbors and the local unit of
government. This may provide an
opportunity for interested parties to be a ware of the proposed preserve and
address any zoning issues or other concerns.
A MDNR Game Bird Hunting Preserve License does not provide any
authorization to circumvent federal, sate, local zoning, or any other local
laws and ordinances. It is the
applicant’s responsibility to know and comply with federal, state, and local
laws. It is the local unit of
government’s responsibility to enforce local laws and zoning ordinances.
Seasons
The hunting season for released
pheasants, bobwhite quail, Hungarian partridge, and mallard ducks on a hunting
preserve is August 15 through April 30.
Exotic game birds, which include chukar partridge, cotournix quail,
Dog
Training
The dog training season for pheasants, bobwhite quail,
Hungarian partridge, and mallard ducks on a hunting preserve is July 15 through
April 30. Dogs may be trained on exotic
game birds year-round. Live ammunition
may be used while training dogs. When
live ammunition is used, a license is required.
Dogs being trained, or used in hunting, shall be confined to the
preserve premises at all times.
Hunting
License Requirements
All persons hunting on a licensed preserve must have a
current Michigan Small Game License, or Game Bird Hunting Preserve
License. This requirement applies to all
preserves whether open to the public or for private use only. There are no daily bag limits or seasonal
limits for birds taken on a licensed game bird hunting preserve. Both males and females of all species
released on a preserve may be taken.
Small Game Licenses and Game Bird Hunting Preserve Licenses are
available through license dealers wherever hunting and fishing licenses are
sold.
Mallards
The shooting of mallard ducks is
specially regulated to reduce the possibility of wild birds being taken. Mallard ducks are the only waterfowl that can
be used in preserve operations. All
mallards are to be flown from release towers or similar stations for pass
shooting only. Mallards shall not be
hunted or shot less than 40 yards from a lake, stream, or pond and it is
unlawful to shoot in the direction of a lake, stream, or pond that is less than
80 yards from the hunting preserve.
Blinds shall be so constructed to make it impossible to shoot in the direction
of the water. Only non-toxic steel shot
may be used for the shooting of mallards.
Federal law requires that all mallard ducks held in captivity be marked
by the removal of the hind toe from the right foot of each bird before the
birds are six weeks old; or that the birds be identified by other methods
described within federal regulations.
For more information regarding the marking, possession, and sale of
mallard ducks contact: U.S. Fish and
Wildlife Service, Region Three, Migratory Bird Permits,
Lapeer County Restrictions
Game bird hunting preserve regulations limit the
amount of area that can be licensed to no more than one percent of the total
land mass in any one county. Currently,
Lapeer is the only county that is at this limit. Therefore, new licenses cannot be issued in
Wild Turkeys
Game bird hunting preserve licenses must specifically
list the types of game birds approved for use.
For example, ring-necked pheasants, and bobwhite quail. Although game bird hunting preserve statutes
allow for the use of pen reared wild turkeys and wild turkey hybrids, no
current preserves have been approved for the use of wild turkeys. This is due to statewide concerns regarding
possible negative impacts to wild turkey populations in
Fencing
Fencing of game bird hunting
preserves is not required. However, upon
issuance of a Game Bird Hunting Preserve License, it is required that licensees
post the boundary of their preserve.
Fencing is recommended to help reduce the likelihood of trespassing onto
or off of preserve property. In case the
license is not approved, new applicants should not fence their property prior
to license issuance.
Application
Process
The process for new, renewal,
and amended applications is detailed on the following pages. Estimated time frames are included for each
step of the processes. Please note that
new applications take approximately three months to process, not including the
steps in the process that are dependant solely upon the applicant. Due to Department workload priorities and
responsibilities, it is difficult to honor applicant’s requests to expedite
this application process faster than the allotted time for each step. However,
applicants may check on the status of their application by contacting the
Permit Specialist (517-373-9329). If any
step in the process in not completed by the time allotted, every attempt will
be made to move the process to the next step.
Process for New Applications
|
Who |
Does What |
When |
|
Applicant (Step 1) |
Obtains and reads this
information circular in it entirety.
Contacts Permit Specialist (517-373-9329) with any questions. |
Dependant on applicant. |
|
Applicant (Step 2) |
It is recommended that new
applicants discuss their plans to apply for this license with their neighbors
and the local unit of government. See
“Neighbors and Local Governments” on page 2. |
Dependant on applicant. |
|
Applicant (Step 3) |
Completes the application
and attaches by staple: 1)
Two copies of a township plat map with the proposed preserve
boundary clearly outlined. Township
plat maps are available from the Permit Specialist (517-373-9329). 2)
Two copies of the complete legal description of the proposed
preserve property. 3)
A check or
money order payable to the “State of Attachments must be 8 ½
inches by 11 inches in size (except for checks or money orders). Incomplete or incorrectly completed
applications will be returned. Send
to: Cashier, MDNR, |
Dependant on applicant. |
|
Cashier (Step 4) |
Cashes check or money
order, validates the application, and forwards to the Permit Specialist. |
Within 7 days. |
|
Permit Specialist (Step 5) |
Verifies that the
application is properly completed including the correct fee, the applicant’s
signature, and that the legal description, outlined plat map, and total
preserve acres are consistent. Creates
file for the proposed preserve.
Forwards the application, attachments, and an Inspection Report form
to the Wildlife Division Management Unit Supervisor and documents the date it
was sent. |
Within 10 days. |
|
Management Unit Supervisor
or designee (Step 6) |
Inspects the proposed
preserve property, completes the Inspection Report, and recommends approval,
denial, or modification of the license and forwards to the District Law
Enforcement Supervisor. See “Basis for
Approval or Denial of a License” on page 1 for more information. (Applicants, see page 13 for
Management Unit Supervisors.) |
Within 30 days. |
|
District Law Supervisor or
designee (Step 7) |
Recommends approval,
denial, or modification of the license and forwards to the Permit
Specialist. See “Basis for Approval or
Denial of a License” on page 1 for more information. (Applicants, see page 12 for District Law
Enforcement Supervisors.) |
Within 14 days. |
|
Permit Specialist (Step 8) |
Approves or denies the
license. If the license is denied, the
applicant will receive a written explanation.
If the license is approved, the Permit Specialist: signs the application;
assigns a license number, issue date, and expiration date. The Permit Specialist sends the approved
license to the licensee, maintains a copy, and updates the computer
database. When signed by the Permit
Specialist, the application becomes the applicant’s approved license, however, the license is not valid until the
preserve property is posted with boundary signs. With the approved license, the Permit
Specialist will send a Supply Order form to be used by the licensee to order
boundary signs. |
Within 14 days. |
|
Applicant/ Licensee (Step 9) |
Submits Supply Order form
(in accordance with instructions on form) to obtain boundary signs and other
items as needed. (See “Supply Orders” on
page 5 and “Boundary Signs” on page 6).
Licensees also have the option of obtaining or creating their own signs,
which must be reasonable facsimiles of the Department supplied sign. |
After submitting form,
allow up to 14 days to receive signs. |
|
Applicant/ Licensee (Step 10) |
Posts preserve property
with boundary signs at intervals of 150 feet or less. The license is now valid and the licensee
may utilize the preserve. |
Dependant on applicant
(licensee). |
|
Applicant/ Licensee (Step 11) |
Abides by all Game Bird
Hunting Preserve regulations, as described within this circular and on the
application/license form. The license
expires on the third June 30 after the date of issue. |
Duration of license. |
Process for Renewing Licenses
|
Who |
Does What |
When |
|
Permit Specialist (Step 1) |
Sends to Wildlife Division,
Management Unit Supervisors, a list of Game Bird
Hunting Preserve Licenses that will expire on June 30. Also sends memo
explaining that we will renew licenses without re-inspecting property or
otherwise evaluating renewal applications, unless there are extenuating
circumstances. |
By April 15 |
|
Management Unit Supervisors (Step 2) |
Responds to the Permit
Specialist regarding the above if there are any preserves in their Management
Unit that should be further evaluated and not renewed automatically. |
By June 1 |
|
Permit Specialist (Step 3) |
Sends to all licensees a renewal
application and cover letter explaining renewal procedures. |
By April 15 |
|
Applicant (Licensee) (Step 4) |
Completes renewal application
in accordance with instructions on cover letter and application form,
including: 1) Under “License Type” indicate
“Renewal”. Indicate license number in
the appropriate area (to the right of applicant’s signature and date). 2) Indicate the species and
estimate the total number to be released annually. 3) Attach by staple a check or
money order payable to the “State of Michigan” in the amount of $105 for preserves
320 acres or less, or $180 for preserves over 320 acres. 4) Do not attach plat maps or
legal descriptions. Licenses will be
renewed for the same property as previously approved. Do not propose changes to preserve property
when renewing a license. This requires
a separate amended application. 5)
Send to: Cashier, MDNR, |
By June 1 |
|
Cashier (Step 5) |
Cashes check or money order,
validates application, and forwards to the Permit Specialist. |
Within 7 days. |
|
Permit Specialist (Step 6) |
If approved, the Permit
Specialist sends the license to the licensee, maintains a copy, and updates
the computer database. |
By June 30. |
|
Applicant/ Licensee (Step 7) |
Abides by all Game Bird Hunting
Preserve regulations, as described within this circular and on the
application/license form. |
Duration of license. |
Process for Amending Licenses
|
Who |
Does What |
When |
|
Applicant (Licensee) (Step 1) |
If any information on an
approved license needs to be changed, the licensee must submit an amended
application. Some examples of changes
that would require amending a license would include a change in business
name, telephone number, or address; adding or deleting species or changing
the estimated number of birds for release; and adding or deleting preserve
property. Contact the Permit
Specialist (517-373-9329) to obtain an application. Complete the entire application in
accordance with the directions on the form, including: 1) Under “License Type” indicate
“Amended”. 2) Indicate license number in the
appropriate area (to the right of applicant’s signature and date). 3) Attach a written explanation
for all requested changes. When the amended application is
approved, it will become the license. Therefore, applicants must submit a complete
application indicating all current information. Applicants proposing a change to their
preserve property, must also attach: 1) Two copies of a Township plat map with
the current preserve property and the proposed changes clearly outlined. Township plat maps are available from the
Permit Specialist (517-373-9329). 2) Two copies of a complete legal
description of the entire new proposed preserve property. Applicants not proposing a change to their
preserve property should not attach the plat maps or legal descriptions. There is no fee for amending a
license. Staple all attachments to the
completed application and send to:
Permit Specialist, Wildlife Division, MDNR, MI 48909-7944. |
As needed, except amended
applications proposing changes to preserve property will not be accepted
during the months of April, May, or June of the year a license expires. |
|
Permit Specialist (Step 2) |
If the amended application does
not propose additional acreage to the preserve property, the Permit Specialist
upon approval, sends the license to the licensee, maintains a copy, and
updates the computer database. (Ducks
cannot be added to a license without the approval of the Wildlife Division
Management Unit Supervisor.) |
Within 30 days. |
|
Permit Specialist (Step 3) |
If the amended application
proposes additional acreage to the preserve property, the Permit Specialist
will forward the application and attachments to the Wildlife Division
Management Unit Supervisor. At this
point the application process is the same as for new applicants (see “Process
for New Applications”, steps 5 through 11 starting on page 3). |
Within 60 days. |
Supply Order Forms
Hunting preserve operators will
receive a Supply Order Form with their approved license. This form may be used to order Official
Shipping Tags ($6 per 100 tags), Monthly Inventory Report forms (no charge), Game
Bird Release Permit forms (no charge), and Game Bird Hunting Preserve boundary
signs ($6 per 50 signs). Requirements
regarding these materials are described within this circular.
Boundary Signs
New applicants shall not post
their preserve property with boundary signs until after receiving an approved
license. A Game Bird Hunting Preserve
License is not valid unless the preserve property is posted with MDNR supplied
signs, or reproductions thereof, at intervals of 150 feet or less. If a hunting preserve is not re-licensed all
signs shall be removed from the premises boundary within 15 days of the license
expiration date.
Shipping Tags and Importation
Game bird species, specifically
indicated on the preserve operator's license, may be:
1) raised by the licensed operator,
2) acquired from captive wildlife
permittees,
3) acquired from other licensed
hunting preserves or,
4) acquired from legal out-of-state sources.
Birds or eggs imported from
another state must be accompanied by a Veterinarian's Certificate of Health
issued in the state of origin. The
certificate must show that the flock from which birds
are being shipped are certified free of pullorum. The certificate must be kept on file for at
least one year. Persons receiving
shipments must be issued an Official Shipping Tag with any birds or eggs
acquired from within the state. All birds
which leave a preserve, either as live birds or carcasses, shall be accompanied
by an Official Shipping Tag completed in accordance with the instructions on
the tag. Such tags shall either be
attached directly to the birds or to the package containing the birds. One shipping tag is required for each
shipment of birds. The shipping tag
shall remain with the birds until they are released or consumed. The preserve's copy of the shipping tag
(original soft copy) is to remain with the shipper for at least five years from
the date of shipment. Birds harvested
from game bird hunting preserves, which are to be consumed on the premises,
must have an Official Shipping Tag attached to the carcass or package of
carcasses until the birds are prepared for consumption. Shipping tags shall not be reused. If a
preserve is not re-licensed, all unused shipping tags shall be returned to the
MDNR within 15 days of the license expiration date.
Records
The hunting preserve records
listed below must be kept on file at the preserve headquarters for at least
five years. These records should not be submitted
to the MDNR, but are subject to inspection by a Conservation Officer or other
MDNR representative. The MDNR will
supply free Monthly Inventory Report forms, however,
the use of these forms is not required.
Required Licensed Preserve Records:
1)
Species and numbers of
birds purchased or acquired, and dates of such
acquisitions.
2) Names,
addresses, telephone numbers, and permit or license numbers of individuals from
whom birds are purchased or acquired.
3) Species
and numbers of birds hatched on preserve property, and dates hatched.
4) Species
and numbers of birds released onto preserve property, and dates released.
5) Species
and numbers of birds found dead within rearing enclosures or on other preserve
property, and dates dead birds were found.
6) Names,
addresses, and hunting license numbers of all persons hunting upon the
preserve, together with the date upon which they hunted and the number of each
species taken.
7) Species and numbers of live birds sold or
otherwise transferred, and dates of such transactions.
8) Names,
addresses, and license or permit numbers of persons receiving live birds.
In most cases, record keeping
requirements can be met by adhering to the following steps:
1) Keep all purchasing, rearing, and releasing
records, along with all records pertaining to persons hunting upon the
preserve.
2) Include
the hunter's license number on all shipping tags issued, along with the other
information required on the tag.
3) Keep
the soft copy of all shipping tags issued.
Game Bird Release Permits
Licensed hunting preserve
operators possessing pheasants, bobwhite quail, or Hungarian partridge are authorized to issue Game Bird Release Permits
to their customers wishing to purchase more than 12 of these birds live (or
their eggs) for release or personal consumption. Birds held under the authority of a Game Bird
Release Permit may not be propagated or sold.
All surviving birds must be released within the county indicated on the
permit, or consumed, within six months of the issue date of the permit. The permit must be obtained before, or at the
same time as, the birds are acquired. A
Game Bird Release Permit must be issued in strict accordance with the
procedures on the form. Preserve
operators wishing to utilize Game Bird Release Permits should contact the
Permit Specialist (517-373-9329).
Live Bird
Possession and Enclosures
A Game Bird Hunting Preserve
License authorizes the preserve operator to purchase, propagate, rear, sell,
and otherwise possess game bird species specifically indicated on their
license. A preserve operator possessing
ring-necked pheasants, bobwhite quail, and/or Hungarian Partridge is not
required to also obtain a Permit to Hold Wildlife in Captivity for those
species provided the birds are held on the property licensed by the Game Bird
Hunting Preserve License. If birds are
propagated or sold by the licensed operator, pheasants, bobwhite quail, or
Hungarian partridge, when older than 14 weeks, shall be kept in an enclosure no
smaller than 100 square feet, subject to the following:
- Pheasants without specs*
require a minimum of 25 square feet per bird.
- Pheasants with specs*
require a minimum of 15 square feet per bird.
- Bobwhite quail require a
minimum of one square foot per bird.
- Hungarian partridge require
a minimum of eight square feet per bird.
- Bobwhite quail and Hungarian
partridge may be held in smaller breeding pens during the breeding season.
- In order to reduce direct
confrontation and interaction between birds, cover shall be provided in
enclosures which hold pheasants and Hungarian partridge. Cover may be provided by growing
vegetation, brush piles, old Christmas trees, corn shocks, bales of hay or
straw, or other cover forms placed into or grown within each pen.
*Specs are small plastic blinders
that can be attached to pheasants at six weeks or older to prevent cannibalism.
Live Bird Sales
It is unlawful for ring-necked
pheasants, bobwhite quail, and Hungarian partridge to be removed live from
licensed premises unless they are being shipped directly out-of-state or the person
receiving the live birds:
1) has a Permit To Hold Wildlife In
Captivity listing the species being acquired, or
2) has a Hunting Preserve License
listing the species being acquired, or
3) has a Game Bird Release Permit
listing the species be acquired, or
4) has a Field Dog Trial Permit
listing the species being acquired, or
5) is receiving 12 or fewer pheasants,
bobwhite quail, or Hungarian partridge for personal use (resale or propagation
prohibited).
The operator of the licensed
preserve has the responsibility to verify that anyone receiving live
ring-necked pheasants, bobwhite quail, or Hungarian partridge has the necessary
authorization.
Exotic game birds, not native to
ADDITIONAL INFORMATION
From January 1 to March 15, a
hunting preserve operator may not place corn, wheat, or other grains on their
preserve property which may entice wild birds to come onto the preserve. This does not apply to unharvested or shocked
grain or to the feeding of birds held within roofed enclosures.
Recall pens or traps for the
recapture of released quail, pheasants, or Hungarian partridge may only be
utilized within 50 feet of the principal bird holding pens in counties south of
Licensed hunting preserves may
allow the hunting of released game birds on Sundays, notwithstanding the
provisions of local ordinances or regulations.
All hunting rules and regulations
apply to people hunting on licensed preserves.
For example, hunters must discharge firearms in a safe manner; hunter
orange is required; hunting hours apply (one-half hour before sunrise to
one-half hour after sunset); safety zones apply (no hunting, or shooting at
birds within 150 yards of an occupied structure).
A person must be at least 10
years old to hunt on a licensed game bird hunting preserve.
Failure to comply with the
regulations within this circular and on the application/license form, is a violation of state law and may result in license
revocation, fine, and/or imprisonment.
Regulations
The regulations concerning
licensed game bird hunting preserves are contained within the Public Act, Act
451, of 1994, (Natural Resources and Environmental Protection Act), Part 417,
Game Bird Hunting Preserves, and Orders issued pursuant to that Act. Following is Act 451, Part 417 and the
applicable Commission Order.
Public Act 451 of 1994, Part 417
Game Bird Hunting Preserves
324.41701
"License" defined.
Sec. 41701.
As used in this part, "license" means a license issued by the
department to operate a game bird hunting preserve.
324.41702
Game bird hunting preserves; license; fee; duration; Sunday hunting.
Sec. 41702.
The department may issue licenses authorizing the establishment and operation
of game bird hunting preserves. The fee for a license is $105.00 for a preserve
of 320 acres or less and $180.00 for a preserve in excess of 320 acres. Unless
revoked as provided by law, licenses issued under this section are valid from
the date of issuance until June 30 of the third license year. Game bird hunting
preserves licensed under this section may allow hunting on Sundays,
notwithstanding the provisions of a local ordinance or regulation.
324.41703
Game bird hunting preserves; size; boundary signs.
Sec. 41703.
Each game bird hunting preserve shall contain not less than 80 acres or more
than 640 acres of land leased or owned by the licensee, except that those
preserves whose operations are confined only to ducks may contain a minimum of
50 acres. The exterior boundaries of each preserve shall be clearly defined
with signs erected at intervals of 150 feet or less.
324.41704
Species under game bird hunting preserve license; limitation; propagation,
sale, and release of birds; requirements for wild turkeys or wild turkey
hybrids.
Sec. 41704.
(1) Only artificially propagated wild turkeys and wild turkey hybrids and other
artificially propagated species as prescribed by the department may be hunted
under a game bird hunting preserve license. A license holder may propagate and
sell the prescribed birds, carcasses, or products, in addition to releasing the
birds for hunting purposes, by adhering to all requirements, except breeder's
license fee requirements of part 427 and orders issued by the department under
that part.
(2)
Wild turkey or wild turkey hybrids authorized under a license shall have 1 wing
pinioned and shall be fenced and released in compliance with orders issued by the
department under section 41710.
324.41705
Licenses; determination by department of percentage of species hunted.
Sec. 41705.
The licenses provided for in this part entitle the holders of the licenses and
their lessees and licensees to take, by hunting, the percentage of each species
released on the premises each year as the department determines.
324.41706
Tagging of birds; cost; reuse.
Sec. 41706.
Except as otherwise provided by an order issued under section 41710, before a
game bird shot under authority of a game bird hunting preserve license is
consumed on the premises or removed from the property, a stamp-mark, band, tag,
or seal as designated by the department shall be affixed to the carcass or to
the container holding the carcass. The bands, tags, or seals shall be furnished
at reasonable cost to the operator of the game bird hunting preserve by the
department. Except as otherwise provided by an order issued under section
41710, a person shall not remove the stamp-mark, band, tag, or seal from the
carcass until the carcass is prepared for consumption or from the container
until each carcass in the container is prepared for consumption. Such items of
identification shall not be reused by any person.
324.41707
Species of wild animal or bird permitted to be hunted.
Sec. 41707.
A wild animal, or a wild bird of a species other than
those permitted to be hunted under authority of a license issued under this
part, shall not be hunted or killed on a game bird hunting preserve except in
accordance with the laws of this state governing the hunting of that species.
324.41708
Operator's records; contents; inspection; reports.
Sec. 41708.
Each operator of a game bird hunting preserve licensed under this part shall
maintain a record of the names, addresses, and hunting license numbers of all
persons hunting upon the preserve, together with the date upon which they
hunted and the number of each species taken. The operator shall also maintain
an accurate record of the total number, by species, of birds propagated,
reared, or purchased and, for each release of birds, the date of the release
and the number of individuals of each species released. The records shall be
open for inspection by the department at any reasonable time. The licensee
shall also provide complete and accurate reports when and as required by the
department.
324.41709
License; application; contents; forms.
Sec. 41709.
A person applying for a license under this part shall submit an application to
the department on forms furnished by the department, stating the name and
address of the applicant, the legal description of the premises to be licensed,
the kind of birds to be covered by the license, and other information required
by the department. The department shall prepare and distribute suitable forms
necessary to implement this part.
324.41710
Open season; duration; orders.
Sec. 41710.
(1) By order, the department may establish an open season for game bird hunting
preserves that shall be not less than 120 days. The department may issue other orders
governing the administration of this part as the department considers
expedient.
(2)
Orders issued under subsection (1) shall be issued subject to the procedure
under section 40107.
324.41711
License fees; credit to game and fish protection fund.
Sec. 41711.
All money received from the sale of licenses and tags or seals as provided in
this part shall be deposited in the state treasury to the credit of the game
and fish protection fund created in part 435.
324.41712
Violation as misdemeanor; penalty; grounds for suspension or revocation of
license.
Sec. 41712.
(1) A person who violates this part or an order issued under this part is
guilty of a misdemeanor punishable by imprisonment for not more than 90 days,
or a fine of not more than $100.00 and the costs of prosecution, or both.
(2)
In addition to the penalty provided in this section, a license issued under
this part may be suspended or revoked, after a hearing as provided by law, if
the license holder fails to comply with the requirements of this part, if a
licensee fails to maintain or submit accurate reports and records as required
by the department, or if a licensee is convicted of a violation of this part.
Birds held under a license that is suspended or revoked shall then be disposed
of only in a manner approved by the department.
Department of
Natural Resources
The Shooting Preserve Commission Order
Under
the authority of section 41710, Act No. 451 of the Public Acts of 1994, as
amended, being section 324.41710 of the Michigan Compiled Laws, the Director of
the Department of Natural Resources ordered that effective
30.1
Short title.
Sec. 30.1.
This order shall be known and may be cited as "the shooting preserve
order."
30.2
Shooting preserves; enclosure and contiguity.
Sec. 30.2.
Premises shall not be licensed as a shooting preserve unless they are enclosed
and contained in a single block or tract of contiguous lands, except that the
director of natural resources may license lands consisting of 2 or more
enclosed single disconnected blocks or tracts when, in his judgment, it appears
that it may be operated within the intent of the act authorizing preserves.
30.3
Boundary signs.
Sec. 30.3.
The department of natural resources shall furnish boundary signs of such size
and such wording as determined by the director.
30.4
Fees.
Sec. 30.4.
An applicant shall pay the required fee upon filing their application.
30.5
Acreage limit per county.
Sec. 30.5.
Licenses shall be limited so as not to result in total acreage licensed as
shooting preserves in any 1 county being more than 1 percent of the gross land
area of the county.
30.6
Denial of licenses.
Sec. 30.6.
A license shall be denied when, in the opinion of the director, it appears
probable that wild ducks or an excessive number of wild ducks or an excessive
number of wild pheasants or wild bobwhite quail would be killed on the premises
for which the license is applied for or when, for any other reason, the
director determines that the issuance of a license is not in the public
interest.
30.7
Birds which may be hunted on preserves.
Sec. 30.7.
Pheasants (Phasianus), Hungarian partridges, bobwhite quail, mallard ducks, and
nonnative upland game birds not established in the wild in the state may be
released and shot on licensed preserves. Species of waterfowl, other than
mallard ducks flown from release towers or similar stations, may not be hunted
or killed on the lands of a preserve licensed to shoot ducks.
30.8
Open seasons.
Sec. 30.8.
The shooting season for the taking of pheasants (Phasianus), Hungarian
partridges, bobwhite quail, and mallard ducks on licensed preserves opens on
August 15 and closes on April 30. The nonnative birds specified in section 30.7
may be shot throughout the season.
30.9
Pheasants, Hungarian partridges, and quail released before open season.
Sec. 30.9.
Pheasants (Phasianus) of either sex, Hungarian
partridges, and bobwhite quail, when released not earlier than 2 weeks prior to
the opening of the season, may be taken in numbers not to exceed the total
number released.
30.10
Nonnative upland game birds and mallard ducks.
Sec. 30.10.
All nonnative upland game birds not established in the wild in this state
released on licensed preserves may be taken either by shooting or by recapture
while on the preserve for further release purposes. All mallard ducks, properly
marked, shall be flown from release towers or similar stations for pass
shooting and may be taken either by shooting or by recapture while on the
preserve for further release purposes. Such ducks shall not be hunted or shot
within 40 yards of a lake, stream, or pond which may be used by wild waterfowl
and within 80 yards it is unlawful to shoot toward the lake, stream, or pond,
and blinds shall be so constructed and arranged as to make it impossible to do
so.
30.11
Recapture of released pheasants, Hungarian partridges, and quail.
Sec. 30.11.
Released pheasants, Hungarian partridges, and quail may be recaptured for
further release purposes by an operator anywhere on their licensed premises in
any county except those located south of Muskegon, Newaygo, Osceola, Clare,
Gladwin, and Arenac counties where recapturing is limited to within 50 feet of
the principal bird holding pens.
30.12
Training of hunting dogs.
Sec. 30.12.
Any person, with permission of the licensed operator, may train hunting dogs on
and shoot in the training process, from July 15 to the closing dates of the
respective open seasons, all species of birds permitted to be taken under
authority of a shooting preserve license. Dogs being so trained or used in
hunting shall be confined to the premises of the licensed area at all times.
30.13
Feeding of birds in winter.
Sec. 30.13.
During the period January 1 to March 15 in each year, a licensee shall not put
out, or allow or permit to be put out, on the lands included in their licensed
shooting preserve any shelled or husked or unhusked corn, wheat, or other
grains or feeds for the purpose of luring, attracting, enticing, or feeding any
of the birds permitted to be taken under their shooting preserve license,
except for the purpose of feeding on such areas and during such periods as may
be authorized in writing by the director of natural resources. This rule does
not include properly shocked grain, standing crops, or grains found scattered
solely as a result of normal agricultural planting or harvesting, nor does it
include the feeding of birds retained in captivity.
30.14
Sources of birds to be released.
Sec. 30.14.
Legally protected species of birds to be released on a licensed shooting
preserve or sold to nonhunters, restaurants, hotels, or clubs may be propagated
and reared by a licensee as authorized by section 3 of Act No. 134 of the
Public Acts of 1957, as amended, being §317.303 of the Michigan Compiled Laws,
or may be lawfully procured from other sources. If the director of natural
resources finds that any birds are diseased or otherwise unfit for release and
notifies the operator of such findings, the operator shall not release or
permit or allow the release of any such birds.
30.15
Marking and banding of birds.
Sec. 30.15.
The director of natural resources may require that, before any birds are
released, each of them shall be marked or have leg bands attached in a manner
specified, and the operator shall maintain and furnish to the director such
records and information pertaining thereto as may be required. All required
bands or other marking devices shall be furnished by the director.
30.16
Reports of released birds; tags on birds shot.
Sec. 30.16.
Before any birds are taken under authority of a shooting preserve license, the
operator shall certify to the director of natural resources the number of each
species of birds to be, or which have been, released and the date of release,
and shall procure from the director the allowable number of identification tags
required by law to be affixed to all birds shot on such preserve. The
identification tags shall be affixed in a permanent manner to the leg of the
bird or the wrapper or package containing the carcass and shall remain thereon
until the bird is prepared for consumption. Field or market dressed carcasses,
parts thereof, eggs, and crated specimens removed from licensed shooting
preserves by nonhunters shall be identified with shipping tags or
identification tags as provided in department rules governing game breeders.
30.17
Disposition of boundary signs, shipping tags, and identification tags.
Sec. 30.17.
When a license expires or is revoked or denied, the former licensee shall
return surplus identification tags and shipping tags to the department of
natural resources and remove all shooting preserve signs from the formerly
licensed area within 15 days after termination of the license. The department
shall refund a sum equal to the value of tags. If a former licensee does not
remove the boundary signs and cannot be located, the landowner shall remove the
signs within 30 days after termination of the shooting preserve license.
30.18
Inspection of premises, operations, and records.
Sec. 30.18.
All premises and operations, including the books and records pertaining thereto
and also including a count of birds certified for release, shall be subject to
inspection at any reasonable time by the director of natural resources or his
authorized representatives.
30.19
Copies of records for director of natural resources.
Sec. 30.19.
The director of natural resources may require that monthly reports and an
annual report and a notarized copy of all records required by section 8 of Act
No. 134 of the Public Acts of 1957, as amended, being §317.308 of the Michigan
Compiled Laws, be submitted to him by each licensee on or before July 15 in
each year.
30.20
Rescission.
Sec. 30.20.
Sections 30.2 to 30.19 of this order shall take effect when R 299.641 to R
299.659 of the Michigan Administrative Code, appearing on pages 44 to 46 of
Volume 3 of the Michigan Administrative Code complete through
Editor's
Note: R 299.641 to R 299.659 were rescinded by Act 23 PA 2001, effective
Questions
Questions regarding
application/license procedures, rules and regulations, or general
administration of Game Bird Hunting Preserve Licenses, should be directed
to: Permit Specialist, MDNR, Wildlife
Division,
MI 48909-7944, 517-373-9329.
Questions regarding game bird
husbandry or the game bird hunting preserve industry in general, should be
directed to: Michigan Association of
Game Bird Breeders and Hunting Preserves,
District Law
Enforcement Supervisors
Applicants may contact a MDNR
District Law Enforcement Supervisor at one of the locations listed below:
Counties: Keweenaw, Houghton, Ontonagon, Gogebic,
Baraga, Iron,
Contact: MDNR District 1 Law Enforcement Supervisor, 1990
US-41 South,
Counties: Alger, Delta, Schoolcraft, Luce, Chippewa,
Mackinac.
Contact: MDNR District 2 Law Enforcement Supervisor,
RR 4,
Counties: Antrim, Charlevoix, Cheboygan, Emmet, Otsego,
Alpena, Montmorency, Presque Isle.
Contact: MDNR District 3 Law Enforcement Supervisor,
Counties: Benzie, Leelanau, Grand Traverse, Manistee,
Wexford, Mason,
Contact: MDNR District 4 Law Enforcement Supervisor,
8015 Mackinaw Trail,
Counties: Kalkaska, Missaukee, Crawford, Oscoda,
Alcona, Roscommon, Ogemaw, Iosco, Clare, Gladwin.
Contact: MDNR District 5 Law Enforcement Supervisor,
Counties: Montcalm,
Contact: MDNR District 6 Law Enforcement Supervisor,
Counties:
Contact: MDNR District 7 Law Enforcement Supervisor,
269-685-6851.
Counties:
Contact: MDNR District 8 Law Enforcement Supervisor,
517-641-4903.
Counties: St. Clair,
Contact: MDNR District 9 Law Enforcement Supervisor,
Wildlife
Management Unit Supervisors
Applicants may contact a MDNR
Wildlife Management Unit Supervisor at one of the locations listed below:
Counties: Alger (west ½), Baraga, Delta,
Contact:
Counties: Alger (east ½), Chippewa, Luce, Mackinac, Schoolcraft.
Contact:
Counties: Alcona, Alpena, Antrim, Charlevoix, Cheboygan,
Crawford, Emmet, Iosco, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle,
Roscommon.
Contact: Northeastern Management Unit Supervisor,
989-732-3541.
Counties: Benzie, Grand Traverse, Kalkaska,
Contact: Northwestern Management Unit Supervisor, 8015 Mackinaw
Trail,
Counties: Arenac, Bay, Clare, Gladwin, Huron, Isabella,
Contact:
989-684-9141.
Counties: Allegan, Barry, Berrien, Branch, Cass, Calhoun,
Van Buren.
Contact: Southwestern Management Unit Supervisor,
Counties:
Contact: South Central Management Unit Supervisor,
Counties:
Contact: Southeastern Management Unit Supervisor,
248-359-9051.
(IC
2563-1 Game Bird Hunting Preserves)