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MUCC Conservation Insider for November 18th, 2009

This edition:

Deer Hunters: Please be aware

ORV Rules and Hunters with Disabilities

It is illegal to operate an Off-Road Vehicle (ORV) on public lands or trails in the Lower Peninsula not posted open. During firearm deer season (Nov 15-30), it is also illegal to operate an ORV or a snowmobile on public hunting lands, even on open lands/trails, between the hours of 7 to 11 AM and 2 to 5 PM. Of course, there are always exceptions to the rules, so here they are:

  • Hunters may use an ORV for an emergency or while traveling to and from a permanent residence or hunting camp that is otherwise inaccessible with a conventional vehicle.
  • Hunters may also use an ORV to retrieve a legally taken deer (maximum speed is 5 mph)
  • Hunters with disabilities who have either a permit to hunt from a standing vehicle, a Secretary of State handicapped parking permit, or an ORV Certification for Persons with a Disability certificate may use an ORV along a designated trail or forest road, even during the closed riding hours. Under Public Act 365 of 2008, they may fly an orange flag to designate themselves as a hunter with disabilities.
Dog Law of 1919 Refresher

While this law has been on the books for almost a century, there have been some recent cases of major violations, even convicted felonies, when a hunter or landowner did not understand what is allowed by this law. To clarify:

  • All hunters should remain respectful of each other. Remember that deer hunters are sharing the woods with hunters pursuing other legal game as well. Dogs may be used to hunt coyotes, raccoon, fox and some small game during the deer season.
  • ONLY a law enforcement officer may kill a dog determined to be molesting wildlife and not hunting as defined by law
  • Any person may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock or poultry or attacking persons.
  • Except as provided in this law, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year.
Shoot the Hogs Gone Wild!

Feral swine (free ranging wild boars or domestic swine that have escaped from captivity) are a growing problem for Michigan. They prey on native wildlife, destroy habitats and agricultural crops, and can impact domestic swine and wildlife by carrying a number of diseases. While you are out in the woods this fall, please keep on the lookout!

Groups of feral swine can “rototill” acres of land in a matter of hours. If you see signs of possible feral swine impacts, please report them to Kristie Brown (brownkr@michigan.gov or 517-336-5030) at the DNR with the precise location and date you found it.

However, if you see a feral swine in the woods, you should SHOOT IT! Feral swine can legally be shot by any licensed hunter in all but 6 counties in the Lower Peninsula and through the center third of the UP (see map for exact counties).

If you do shoot a feral swine, hunters are asked to report the date and location as well as submit parts of the animal to a DNR office for disease testing. Kits for submission of samples are available at regional DNR offices. The DNR is encourages hunters to help by obtaining kits in advance if they believe they will be hunting in an area with feral swine (fresh samples are better than old).

Pure Michigan Hunt

If you haven’t already bought your deer license yet, remember to also throw your name into the hat to win the Pure Michigan Hunt. Applications may be purchased online or at retail locations for $4 until December 31. You may apply as many times as you like! The drawing is in January and three lucky hunters will win the opportunity to purchase special hunting licenses for elk, bear, antlerless deer, and turkey (spring and fall seasons). Success will not impact future regular hunt applications, nor negate any preference points for bear or weighted chances for elk.

Happy Hunting!

Results of Insider poll on firearm deer season opener

Just nearly two months ago, the Insider asked readers to weigh in on the evolving debate over whether the NRC should consider moving the firearm deer season opener to a Saturday. MUCC closed the poll on November 17th and 1,879 unique individual votes were counted. 1161 (62 percent) of participating Insider readers supported making the switch to a Saturday opener while 718 (38 percent) preferred to stick with Michigan’s traditional opener. November 15, 2009 marked the 41st straight and 78th year out of 84 seasons when Michigan’s firearm deer opener happened on November 15.

DEQ Finalizes Rule Regulating Mercury Air Emissions

Culminating years of effort, the Michigan Department of Environmental Quality finalized its new rule regulating air emissions from coal-fired power plants. These plants are the largest remaining source of mercury emissions, which have resulted in fish contamination throughout the country. Michigan is the 19th state to limit mercury emissions from coal fired power plants.

Mercury is a potent neurotoxin, and mercury contamination has led to a health advisory against eating fish from any Michigan inland lake, and certain Great Lakes waters. Under the new rule, starting in 2015, all coal-fired electric generating units must meet a 90 percent reduction in mercury emissions. MUCC has been a strong advocate for proper regulation of mercury emissions and actively participated in the stakeholder group guiding the development of this new rule.

Michigan Legislative Update

Senate rejects E.O., House leadership timid to allow vote despite bi-partisan support

It should be no secret to Insider readers by now that Governor Granholm issued an Executive Order (E.O.) to re-combine the Departments of Natural Resources and Environmental Quality. MUCC and the Conservation Coalition have been providing input to Lt. Gov. Cherry and lawmakers on the inevitable merger over the summer, but the E.O. included a surprise provision that would grant the governor authority to appoint the Director of our new Department of Natural Resources, instead of the Natural Resource Commission.

MUCC was founded back in 1937 with the goal of reducing the amount of politics in natural resource management as a similar move was proposed by the legislature. Today, we face the same fight seventy-two years later. MUCC recently joined over 90 local conservation organization and Conservation Coalition members in urging the governor to reconsider the power transfer in a letter sent earlier this month. While MUCC and most organizations view the merger as a tremendous opportunity to improve natural resources management, the organizations view this provision of the E.O. as a huge step backward. Instead of having a bi-partisan body in charge of appointing who oversees the management of our resources, this E.O. will now place a political party in control, making Michigan’s natural resources at the whim of election cycles.

In order to send the E.O. back to the Governor for reconsideration, both Michigan legislative chambers must formally reject it by resolution. The Michigan Senate last week passed such a resolution (SCR 23, McManus, R-Lake Leelanau). Without a major incentive to provoke its political statewide leader, Speaker Andy Dillon is reluctant to do the same, despite strong bi-partisan support in the House. Without a formal rejection of the E.O. by December 7, 2009, Michigan’s new DNRE will be led by a political appointee.

MUCC urges Insider readers to call or email these three House leaders: (1) Speaker Andy Dillon, (2) Majority Floor Leader Kathy Angerer and (3) Speaker Pro Tempore Pam Byrnes. Tell them that you are a Michigan sportsman or woman and that you want House Concurrent Resolution 32 (HCR 32) voted on and passed. This resolution will send the Executive Order back to the Governor.

If there's one argument that should ring true as Michigan continues to face its economic struggles, it's the economic contribution sportsmen and women have on Michigan's economy. Collectively, we sportsmen and women spend $3.4 billion each year in Michigan, which has an additional economic ripple effect of $5.9 billion. Tell these lawmakers that that you deserve to have a voice in the management of our natural resources. Science, not politics, should drive the management of our natural resources.

  • Andy Dillon, 517-373-0857, andydillon@house.mi.gov
  • Kathy Angerer, 517-373-1792, kathyangerer@house.mi.gov
  • Pam Byrnes, 517-373-0828, pambyrnes@house.mi.gov

“Yay” to horse trail mandate but naaaay to $25 million?

For several months, MUCC has been battling for the rights of hunters and anglers in regards to legislation that would mandate the DNR to open all trailways on public lands to horseback riding. According to both written and telephone correspondence between several lawmakers and the U.S. Fish & Wildlife Service, the bills would jeopardize $25 million in federal funding Michigan qualifies for under the Pittman-Robertson Wildlife Restoration and Dingell-Johnson Sportfish Restoration Acts, which designate a portion of the sales of outdoor equipment for conservation and hunting/fishing access.

A pair of bills -- House Bill 4610 (Moore, R-Farwell) and Senate Bill 578 (Brown, R-Sturgis) – continue to work their way through Lansing. HB 4610 received overwhelming support from the House and 76 state representatives approved the bill despite the fact that the U.S. Fish and Wildlife Service has repeatedly informed them that the bill would jeopardize $25 million in federal funding for public lands in Michigan.

A newly-revised Senate version was recently re-referred to the Senate Committee on Agriculture and Bioeconomy at the request of Sen. Brown. The re-referral came after a compromise bill that would skirt the federal funding issue and task an Equine Trail Council to provide recommendations for a trail funding mechanism was rejected. Federal authorities have continued to indicate that the current version would strip authority from the DNR to manage certain lands for game and fish, which were purchased with and currently managed by restricted funds derived from hunting, fishing, and trapping licenses (The originally intended use that jeopardizes the federal funding)

The latest version of the bill (S-1) also gives a newly-created "Equine Advisory Council" to issue a binding plan for trail management, which must be adopted by the NRC. MUCC testified against the bill recently in committee and continues to work with the USFWS, DNR, lawmakers, and proponents of the bill to ensure Michigan does not lose federal wildlife management funding and funds generated by hunters, anglers, and trappers are not diverted to benefit other nonconsumptive uses. A new draft of the bill is expected and the stakes continue to change daily. Stay tuned…

MUCC member initiates bill to increase additional day’s walleye possession limit

The House Tourism, Natural Resources, and Outdoor Recreation Committee recently received testimony on two bills designed to increase the daily possession limit for walleye and give more options for short-term fishing licenses. This summer the West Michigan Walleye Club discussed a concern with MUCC regarding current possession laws. Since then, MUCC has worked with the Club’s DNR liaison, Jack Leonhardt, and lawmakers to address the issue.

Currently, an angler wishing to spend a few days away from home to fish Michigan’s great walleye fisheries may only possess and take home five fish, the total of one day’s bag limit. Alternatively, salmon fishermen may keep two additional days’ catch, provided the previous days’ catch are frozen or processed in some way (canned, smoked, dried). House Bill 5564 (Hildenbrand, R-Lowell) and 5481 (Hansen, R-Hart) would allow an angler to keep one or two additional days’ catch (respectively) provided the previous days’ catch was frozen solid or otherwise processed. House Bill 5481 would also create a 72-hour all species fishing license for $21 (the same price as three 24-hour licenses) for both residents and non-residents, which would create an incentive and convenience for out-of-state or new anglers to enjoy a whole weekend of fishing in Michigan’s waters.

The committee is expected to vote on these bills in December, following lawmakers’ hunting and Thanksgiving break. MUCC testified in support of the legislation alongside Mr. Leonhardt earlier this month and remains hopeful that the legislation will be signed into law by the Governor before the 2010 fishing season begins in April.

Firearm Ownership Employee Protection Act bills pass House Committee

A legislative package to create protections for persons lawfully transporting firearms recently passed out of the House Tourism, Natural Resource and Outdoor Recreation Committee. As part of the “Firearm Ownership Employee Protection Act,” House Bill 5302 (Opsommer, R-DeWitt) would expand lawful possession of firearms and ammunition transported in a privately-owned motor vehicle to those parked and locked in designated parking of commercial areas, places of employment, etc., if stored out of plain view, consistent with storing requirements under the Michigan Penal Code. Under the bill, no business or place of employment could enforce a policy contrary to the bill unless it was consistent with other laws (e.g., those pertaining to schools). The bill also provides protections to employees terminated or otherwise penalized by an employer in violation of the bill, including reinstatement and compensation for lost wages, fringe benefits, costs, and attorney fees.

The other component of the package, House Bill 5203 (Sheltrown, D-West Branch) would allow persons to carry a properly-stowed and encased pistol in a motor vehicle to a number of exempted locations currently allowed under the Michigan Penal Code (including to a hunting or target shooting area) even if the person did not take a “direct” route.

According to Rep. Opsommer, a similar law recently passed in Arizona, following the lead of 9 other states, including Oklahoma and Florida. The Oklahoma law has since been upheld by the United States Court of Appeals for the Tenth Circuit after a dozen employees were fired from their jobs at a paper mill. The bills now await action from on the House floor.

Governor signs bi-partisan compromise to keep Michigan’s wetlands program

Governor Granholm signed legislation into law last month that will allow Michigan to retain its wetlands program instead of ceding authority to the federal government. Senate Bill 785 (Birkholz, R-Saugatuck) became Public Act 120 of 2009 with immediate effect on October 20, 2009

The program will be temporarily funded for three years by unclaimed bottle deposit funds. Highlights of new changes to the program included in the legislation:

  • Creating a 17-20 member “Wetland Advisory Council,” which will be required to prepare reports on specified topics geared toward efficient and effective management of the program;
  • Generally creating a more efficient and consistent permitting process;
  • Requiring the Agriculture Commission to identify at least 2,500 acres for cranberry production. After 2,000 of these acres are developed, the Commission would be required to identify at least 2,500 more acres suitable for production;
  • Requiring the DEQ to implement two new pilot programs, one to improve the efficiency of the permitting process, and one to facilitate the development of wetland mitigation banks;
  • Requiring the DEQ to issue a new guidance document for evaluating “feasible and prudent alternatives” within one year after consultation with interested parties and the newly created Wetland Advisory Council.
  • Funding
    • $8 million in dedicated funds derived from the state’s Bottle Bill escheat to the Environmental Protection Fund will serve as an alternative temporary funding mechanism.

MUCC applauds Sen. Patty Birkholz, Rep. Dan Scripps, Rep. Rebekah Warren, and all lawmakers who voted for this legislation for their hard work to ensure Michigan may continue to manage the future health of our state’s diverse wildlife habitats.

“Temporary Disability” Crossbow permit legislation presented to governor

While measures have been implemented over the past few years to allow persons with permanent disabilities to obtain a permit with the Department of Natural Resources to take game with a crossbow, legislation to extend the permitting function to persons with temporary disabilities (Senate Bill 164 (Barcia, D-Bay City)) recently passed the Senate on its way to the governor’s desk. This would allow people recovering from an injury or surgery to use a crossbow until they are back in shape. Curiously enough, the Michigan Legislature website already indicates that Senate Bill 164 was signed into law on October 6th, however, as of press time it is still October 2nd. Stay tuned…

Army Corps issues plan to block high-flying invasive carp from the Great Lakes

Earlier this week, the U.S. Army Corps of Engineers announced its strategy for repairing the Asian carp barrier at the mouth of the Chicago Sanitary and Ship Canal. The barrier is designed to protect the Great Lakes from invasive Asian carp—non-native invasive fish that have migrated up the Mississippi River, into the Illinois River and are now knocking on the door of Lake Michigan. These invasive fish threaten to destroy the balance of species in the Great Lakes if they can get through the canal connecting the Illinois River to Lake Michigan.

The only thing preventing the fish from passing through the Chicago Sanitary and Ship Canal and into Lake Michigan is an electric barrier that repels the fish. The barrier is due for maintenance and needs to be shut down. To prevent invasive Asian carp from entering the lakes while the barrier is not turned on, fisheries managers will treat the water with rotenone, resulting in a large scale fish kill in a five-mile stretch of the Chicago Sanitary and Ship Canal on which the barrier resides.

The carp barrier is an important control piece for keeping the invasive Asian carp out of the Great Lakes, but it is only a small piece of the solution. Most invasive species enter the Great Lakes through ballast water discharges from ocean-going vessels. In order to prevent the Asian carp from infesting the Great Lakes, the federal government must step to the plate and implement stricter regulations controlling ballast water discharges.

Lake trout bag limit increase for Lake Superior on NRC agenda in December

Following the hard work of the Ottawa Sportsmen’s Club and support of MUCC, the DNR Director is expected to take action at the December 3, 2009 NRC meeting on an order that would increase the lake trout bag limit in Lake Superior. DNR fisheries biologists have found that the total hours of recreational fishing in Lake Superior have been declining significantly in the past four years, while the population of lake trout in Lake Superior has been generally stable and healthy. The DNR proposes to increase the possession limit for lake trout in Lake Superior to five fish in several of the Management Units: MI-4, MI- 5, MI-6, MI-7, and MI-8.

In addition, a lake trout season extension has been proposed for Lake Huron. If enacted, the open season for lake trout and splake would be May 1 through September 30 in Management Units MH-1 and MH-2 and January 1 through September 30 in MH-3, MH-4, MH-5, and MH-6. These proposed changes would allow anglers to harvest lake trout during the winter and early spring when these fish are close to shore, without negatively impacting the resource.

If enacted, the new order will take effect in April, 2010.

Help set the 2010 Michigan Out-of-Doors University “curriculum”

There's still time to give input for the 2010 curriculum of Michigan Out-of-Doors University, or as MUCC staff have collectively started calling "MOOD U."

Starting in 2010, "MOOD U" will offer educational workshops taught by experts on a variety of topics in order to better inform the debate on key natural resource management issues. It will provide sessions on leadership and business skills you or your outdoor organization might need. These sessions will also be incorporated into every aspect of MUCC, from streaming video on the new Michigan Out-of-Doors Website, to articles in our publications and more. Each year, we'll come back to you and our members to find out what conservation topics YOU want to know more about.

If you have not already, please take the time to fill out this survey for the 2010 Michigan Out-of-Doors University "curriculum." The survey can be accessed at http://survey.constantcontact.com/survey/a07e2ke6xgpfyx0iapr/start