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State of
DEPARTMENT
OF NATURAL RESOURCES |
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JENNIFER M. GRANHOLM governor |
REBECCA A. HUMPHRIES director |
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State of
DEPARTMENT
OF NATURAL RESOURCES |
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JENNIFER M. GRANHOLM governor |
REBECCA A. HUMPHRIES director |
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BILL NUMBER: |
SENATE
BILL 440, SUB S-1, AS REPORTED SENATE
BILL 441, SUB S-1, AS REPORTED SENATE
BILL 442, SUB S-1, AS REPORTED |
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TOPIC: |
Protect
the Right to Hunt and Fish |
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SPONSOR: |
Senator
Patricia Birkholz (SB 440), Senator
Randy Richardville (SB 441) Senator
Gerald Van Woerkom (SB 442) |
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CO-SPONSORS: |
Senators Gilbert,
Pappageorge, Jelinek, Patterson, Kuipers, McManus, Garcia, Stamas, Jansen,
Kahn, Basham, and Prusi |
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COMMITTEE: |
Natural Resources and
Environmental Affairs |
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Analysis Done: |
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POSITION
The Department supports the protection of hunting, trapping,
and fishing for all citizens and can support these bills if they are amended by
substituting “privilege” for “right.”
This assures the ability to manage wildlife resources for sustainable
habitat and sustainable populations, without increasing avenues for legal
challenge.
PROBLEM/BACKGROUND
As the level of participation in hunting, trapping, and
fishing declines, the concern regarding the need to legally protect these
recreational activities from anti-hunting and anti-fishing threats increases.
DESCRIPTION OF BILL
Senate Bills 440 through 442 would amend various parts of
the Natural Resources and Environmental Protection Act to require that the
Department of Natural Resources (Department) and the Natural Resources
Commission (NRC) protect the people’s right to hunt, trap, and fish lawfully.
SUMMARY OF
ARGUMENTS
Pro
The legislation makes a strong statement as to the
importance and value of hunting, trapping, and fishing. The Department strongly supports these
activities.
Con
This legislation creates an invitation for litigation and
challenges to the Department for necessary management actions that may be
perceived to restrict hunting, trapping, or fishing.
The bills each reference and recognize hunting, trapping,
and fishing as “rights.” SB 442 requires
the Department, in furtherance of Article IV, Section 52 of the State
Constitution, to protect and promote the people’s right to lawfully hunt, trap,
and harvest game. The Michigan
Constitution, however, does not establish such a right.
State
Constitution (Excerpt)
Constitution
of
§ Natural resources; conservation, pollution, impairment, destruction.
Sec. 52.
The conservation and development of the natural resources of
the state are hereby declared to be of paramount public concern in the interest
of the health, safety, and general welfare of the people. The legislature shall
provide for the protection of the air, water, and other natural resources of
the state from pollution, impairment, and destruction.
Hunting, trapping, and fishing are privileges.
FISCAL/ECONOMIC IMPACT
Are there revenue or budgetary
implications in the bill to--
(a) Department
Budgetary:
None
Revenue:
None
Comments:
There may be increased costs due to
legal challenges.
(b) State
Budgetary:
None
Revenue:
None
Comments:
None
(c) Local
Government
Comments:
None
OTHER STATE
DEPARTMENTS
The Office of the Attorney General is likely to have
concerns with this legislation.
ANY OTHER PERTINENT
INFORMATION
The Department suggests amending the bills by substituting
“privilege” for “right.” While we
support protection of these recreational activities, we are concerned with
implying a “right” by way of statute.
Doing so will create the specter of increased legal challenges to
necessary Departmental management decisions.
Similar bills have been introduced in recent legislative
sessions that proposed amendments to the State Constitution to advance
protection of hunting, trapping, and fishing rights.
ADMINISTRATIVE RULES IMPACT
None
_______________________________
Rebecca A. Humphries
Director
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Date
WLD/FI
