Michigan Canned Hunting Statutes and Regulations

No Ban: Mammals permitted.

Statute

Michigan statutes authorize the Department of Agriculture to regulate the hunting of exotic mammals and deer on private land under livestock laws. A cervidae livestock operation "is an agricultural enterprise and is considered to be part of the farming and agricultural industry of this state" (§287.954.1).

Privately owned cervids, "except those consigned directly to a state or federally inspected slaughter facility premises," shall not be imported without health inspection (§287.730a.1).

Privately owned cervids "moving from 1 premises to another premises within this state" must be officially identified (§287.730b.1).

The Department will keep a current database on privately owned cervids premises, including the owner's name, current address, location, species and approximate number of the cervids at the premises (§287.730b.6).

It is illegal to "import or release feral swine or any crosses of feral swine" for any purpose without permission from the director (§287.731.3).

Under the privately owned cervidae producers marketing act, the term Cervidae livestock facility is defined as "a privately owned cervidae livestock operation on privately controlled lands capable of holding cervidae species," the term Cervidae livestock operation as "an operation that contains 1 or more privately owned cervidae species involving the producing, growing, propagating, using, harvesting, transporting, exporting, importing, or marketing," the term Cervidae species as "members of the cervidae family including, but not limited to, deer, elk, moose, reindeer, and caribou," the terms Farm or farm operation as defined in the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474, and the term Release as "to cause an animal to become located outside the perimeter fence of a cervidae livestock facility not under the direct control of the owner" (§287.952).

Cervidae livestock facilities must be registered with the Department, and maintain records "of production, purchases, or imports" (§287.955).

The Department of Natural Resources may issue a license to "authorize the possession for propagation, and for dealing in and selling game" (§324.42702).

The fee shall be $45 for the total number of game not exceeding 500, plus $15 for each additional number of game of 500 or less. If impractical to count the game, the fee shall be $45 for 40 acres or less to be used for game propagation purposes, and $15 for each additional 40 acres or less. The maximum fee for a single license shall not exceed $150 (§324.42704).

The license authorizes the licensee to "possess, propagate, use, buy, sell, trap, kill, consume, ship, or transport any or all of the stock designated in that license, and offspring, products, carcasses, pelts, or other parts of the stock" (§324.42705).

Pursuant to this license, "all islands, enclosures, and pens used for propagation purposes shall be of a character and in a location that the department approves as satisfactory to keep in complete and continuous captivity the stock covered by the license, and shall be constructed in a manner to prevent the entrance of wild stock of the same species" (§324.42706.1).

The department may sell "wild, state owned game animals… present on land that is covered by a license" for a fee of $250 per deer, or a fixed fee for other game (§324.42707).

Any game animals "covered by a license may be taken or killed in any manner and at any time, except that game birds covered by a license may not be shot, except by the holder of a license" (§324.42708.1). 

Game or game animal parts may be removed from licensed premises only when identified. Live game animals "may be removed from licensed premises only by licensed game breeders, shooting preserve operators, or persons holding permits authorizing the possession of the game" (§324.42709).

Game animals "released or that escape from the premises" become the property of the state (§324.42711).

Michigan law also limits the amount of land a person can possess for the purpose of hunting. Specifically, the law states that "a person shall not acquire, hold, or occupy by purchase, lease, or other evidence of title, possession, or right of occupancy or enclose by fences or other barriers in 1 tract an amount of real estate within this state exceeding 15,000 acres for the purpose of the preservation or propagation of game or fish or for use for yachting, hunting...or any other sporting purpose" (§324.43301).  

Nor can any person "acquire, hold, or occupy in the manner and for the purposes stated in section 43301 any real estate that is located within 2 miles of any other real estate acquired, held, or occupied for any of the uses or purposes mentioned in section 43301" (§324.43302). 

Regulation

The Michigan Department of Natural Resources promulgates a document entitled The Shooting Preserve Order, which provides the following information regarding hunting on licensed premises. Premises to be licensed as shooting preserves must be "enclosed and contained in a single block or tract of contiguous lands, except" 2 or more enclosed single disconnected blocks or tracts if operated "within the intent of the act authorizing preserves" (30.2).

Licenses will be limited so that total acreage in any 1 county may not be more than 1% of gross land area (30.5). However, it appears that birds only may be hunted on these preserves under authority of the DNR (30.7).

A second document entitled The Captive Wild Animal Order provides the following information regarding wildlife in captivity. A game breeders license or permit, which lists each species held, or to be held, is required to hold wildlife in captivity (20.3).

A permit is not required "for a person receiving animals or eggs which are being shipped directly out of the state" (20.3.5) nor to "possess cervidae species as defined by the privately owned cervidae producers marketing act, 2000 PA 190, being MCL 287.951 to 287.696" (20.3.7).

Animals shall be confined to the licensed premises at all times, but may not be "chained or otherwise tethered to stakes, posts, trees, buildings, or other anchorage (20.5).

Enclosure sizes and amenities are listed by species, including the following: badger, bobcat, fox and raccoon; coyote; beaver and otter; muskrat and mink; squirrels; skunks and woodchucks; and black bear (20.6).

Any person with a permit may "transfer, give, or sell live animals, or game bird eggs, only to a person who has a permit to hold wildlife in captivity specifically listing the species being acquired, or to a person exempt from the permit requirements by section 20.4" (20.7.3).

Any addition to or subtraction from live inventory "shall be legibly recorded on a monthly inventory report" (20.11.1).

The shooting of exotic mammals and deer on private property is regulated by the Michigan Department of Agriculture and not the Department of Natural Resources.

Past reports refer to information circulars entitled Permits to Hold Wildlife in Captivity and Michigan Game Bird Hunting Preserves, however these can no longer located online.

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