Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Monday, February 24, 2014

New laws increase fines for poaching antlered deer, recreational trespass

English: A white-tailed deer
 (Photo credit: Wikipedia)
New state laws designed to deter poaching of antlered bucks, especially those with trophy-sized racks, and to reduce recreational trespass are now in effect in Michigan, the Department of Natural Resources (DNR) announced today.

The new laws make several changes to the fines and restitution payments for poaching deer, including a progressive penalty system: 
 
  • For any deer with or without antlers, the base restitution will be $1,000;
  • For any antlered deer, there will be an additional restitution of $1,000 plus;
  • For antlered deer with 8 to 10 points, an additional $500 will be assessed for each point; and
  • For antlered deer with 11 or more points, an additional $750 will be assessed for each point. 

A “point” is defined in the bill as being at least 1 inch long as measured from its tip to the nearest edge of the antler beam.
As an example, illegally killing a 10-point buck in Michigan will now result in a $7,000 restitution plus fines and court costs.

Poachers also now face stronger penalties related to hunting privileges. Under previous law, poachers would lose their hunting privileges in Michigan for remainder of the year of the conviction plus three years. Under the new law, poachers who kill an antlered buck will now lose their hunting privileges for an additional two years on their first offense (potentially six years in total) and an additional seven years on second and subsequent offenses (potentially 11 years in total).

In addition, the new laws address recreational trespass by increasing the civil damage award that a landowner may recover. Previously under the law, the maximum amount a landowner could recover from someone who trespasses on his or her land to hunt or engage in other recreational activity was $250 or actual property damages. Under the new law, the civil action increases to $750 or actual property damages. Additionally, if someone kills any protected animal, game or fish while trespassing, the new law creates a new misdemeanor with higher fines than allowed for a first violation.

“Poachers who are targeting trophy deer will commit multiple violations to do so, including trespass, unlawful shining, hunting at night and not wearing hunter orange,” said Dean Molnar, assistant chief of the DNR Law Enforcement Division. “These new laws give us more tools to go after these individuals, and are designed to reduce poaching of antlered deer in particular.”

Friday, November 25, 2011

Hunter Orange Clothing a Good Choice for Everyone; Not Just Hunters


Michigan DNR Stresses the Importance of Safety for Everyone During Hunting Season
Nov. 15, 2011
Hunting season is well underway in Michigan, and now is a good time to remind everyone that it is wise to wear hunter orange clothing when you are out enjoying the state's trails and forest lands. The Michigan Department of Natural Resources does not close trails or pathways during hunting season, and it is legal to hunt throughout these areas if you adhere to the laws regarding safety zones.

It is required by law that hunters wear "hunter orange." There is no similar law for recreationalists, but because so much of state land borders private lands and the DNR allows hunting on portions of state-owned land, it is imperative that individuals take precaution and dress themselves and their pets in brightly colored clothing.

"Due to the very popular activity of deer hunting, now is not an advisable time to take a quiet, unassuming walk in the woods," says Bill O'Neill, field coordinator for the Forest Management Division of the DNR. "Be smart about where you choose to go, wear brightly colored clothing and let hunters know that you are in the area. We must all work together to have a safe and successful hunting season in Michigan."

It is also important as you go out and enjoy Michigan's forest lands, that you understand the rules and regulations for hunting. In Michigan it is legal for hunters with disabilities to hunt from standing vehicles or off-road vehicles (ORV). This law does not grant any additional privileges for ORV operators with disabilities. It simply allows for hunters with disabilities better access to hunting locations on state-owned land. The DNR strongly encourages those hunters using alternative modes of transportation to mark their vehicles with hunter orange flags.

ORV operation is prohibited in public hunting areas during the regular November firearm deer season from 7 to 11 a.m. and 2 to 5 p.m.; except for these cases:
  • Going to or from a residence or hunting camp that is inaccessible by a conventional vehicle (subject to state land regulations)


  • On private property, with landowner's permission


  • Passenger vehicles while being operated on roads capable of sustaining automobile traffic


  • Persons holding a "Permit to Hunt From a Standing Vehicle" or otherwise meeting disability requirements while engaged in hunting or fishing activity

Saturday, August 27, 2011

Nonresident Landowners Now Required to Purchase Nonresident Ohio Licenses and Permits

Seal of OhioImage via Wikipedia
Changes will also impact Ohio residents that own land in Indiana
COLUMBUS, OH – The Ohio Department of Natural Resources (ODNR), Division of Wildlife reminds nonresident landowners that they are legally required to purchase nonresident licenses to hunt, trap or fish in Ohio.

The new law went into effect on July 1, 2011 and requires a nonresident owner of land in Ohio and the owner’s children and grandchildren, if applicable, to purchase a nonresident hunting license, deer or wild turkey permit, fur taker permit, or nonresident fishing license.
Prior to July 1, Ohio landowners with residency status somewhere other than Ohio did not have to purchase licenses or permits to hunt, trap or fish on land they own. Landowner license exemptions will only apply to Ohio residents.
This change in Ohio law nullifies a reciprocal agreement with Indiana, which means that Ohio residents with land holdings in Indiana are required to purchase a nonresident hunting license, deer or wild turkey permit, fur taker permit, or nonresident fishing license. Similarly, children and grandchildren of a nonresident landowner must purchase hunting, fishing, and trapping licenses and permits.
In Ohio, a resident is considered, by law, a person who has resided in the state of Ohio for the past six consecutive months.  In Indiana, a resident is considered, by law, a person whose true fixed and permanent home and principal residence has been in Indiana for 60 consecutive days prior to purchasing a license or permit and who does not claim residency for hunting, trapping or fishing in another state or country other than the U.S. All others are nonresidents.


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