Chapter II
Chapter II
(1) Make use of a pit, pitfall, deadfall, scaffold, raised platform, tree, cage, snare, trap, net, baited hook,
or similar device, or a drug, poison, anti-coagulant, stupefying substance, smoke, gas, explosive, weasel,
ferret, fitchew, arbalest, spear, or mechanical device, for the purpose of taking an animal or driving an
animal out of their hole or home. For the purpose of this order, a mechanical device shall not be
construed to mean a firearm, crossbow, slingshot, or bow and arrow. When used in this order, “raised
platform” means a horizontal surface constructed or manufactured by a person that increases the field of
vision of a person using the horizontal surface beyond the field of vision that would normally be attained
by that person standing on the ground.
(2) Use in taking an animal, or have in the persons possession in an area frequented by animals, a
semiautomatic shotgun or rifle other than .22 caliber or smaller rimfire, capable of holding more than six
shells at one time in the magazine and barrel combined, or use a cartridge containing a tracer bullet, or a
cartridge containing an explosive bullet, or a firearm capable of firing more than one shot with a single pull
or activation of the trigger.
(3) During the five days immediately preceding November 15, transport or possess in an area
frequented by deer a rifle or shotgun with buckshot, slug load, ball load, or cut shell. A person may
transport a rifle or shotgun to or from a hunting camp if the rifle or shotgun is unloaded and securely
encased or carried in the trunk of a vehicle. This section shall not prohibit a resident who holds a fur
harvesters license from carrying a rimfire firearm .22 caliber or smaller while hunting or checking a trap
line during the open season for hunting or trapping fur-bearing animals.
(4) Use in hunting, or, subject to section 43510, 1994 PA 451, MCL 324.43510, possess afield in an
area inhabited by wild birds and animals within the “limited firearms deer zone” from November 15 to
November 30, or use to take a deer during any firearm deer season in the “limited firearms deer zone,” a
firearm other than:
(b) A .35 caliber or larger pistol capable of holding no more than nine shells at one time in the barrel
and magazine combined and loaded with straight-walled cartridges.
(d) A .35 caliber or larger rifle loaded with straight-walled cartridges with a minimum case length of 1.16
inches and a maximum case length of 1.80 inches.
(e) A .35 caliber or larger air rifle or pistol charged only from an external high-compression power
source such as an external hand pump, air tank, or air compressor.
(5) Injure, destroy, or rob the eggs of birds protected by the laws of this state or this order, or molest,
harass, or annoy those birds upon their nests.
(6) Make use of a sink box or battery as these devices are defined by the United States fish and wildlife
service.
(7) Set afire or assist in setting afire a marshland or other lands for the purpose of driving out wild birds
or wild animals, or take or attempt to take a wild bird or wild animal so driven out of a marshland or other
land.
(8) Take any animal at any time other than during the hunting hours and open seasons established in
this order, except as may otherwise be provided in chapter VI.
(9) Take in 1 day more than the daily limit, or possess at one time more than the possession limit, or
possess on the first day of the open season more than the daily limit, or possess more than the season
limit of any animal.
(10) Destroy, disturb, or molest at any time any bear, beaver, muskrat, raccoon, squirrel, mink, badger,
or rabbit house, hole, burrow, nest, dam, or den which may be used by such animals.
(11) Make use of a dog in hunting deer, except as noted in section 2.1a of this order.
(12) Affix any device to a bow, which aids in the cocking or holding of a bow string in a drawn position.
This subsection shall not prohibit the use of a hand-held device to release the bow string. This subsection
shall not apply to a permanently or temporarily disabled person who holds a special permit provided for in
section 40101 to 40119 of 1994 PA 451, MCL 324.40101 to 324.40119, or section 5.95 of this order.
(13) Use aircraft to aid in the taking of a wild bird or wild animal.
(14) Take game with a crossbow unless the hunter possesses a valid license to take game and uses
only arrows, bolts, and quarrels for taking deer, bear, elk, wolf, and turkey with a broadhead hunting type
of point not less than 7/8 of an inch wide with a minimum of 14 inches in length.
(15) Take deer with a crossbow or a modified bow in zone 1 from December 1 to March 31. This
subsection shall not apply to a person who holds a special permit provided for in part 401, wildlife
conservation, natural resources and environmental protection act, 1994 PA 451, as amended, MCL
324.40101 to 324.40119, or section 5.95 of this order.
(16) Subject to section 40116, 1994 PA 451, MCL 324.40116, take game during the established
daylight shooting hours from August 15 through April 30 unless the individual wears a cap, hat, vest,
jacket, or rain gear of hunter orange. Hunter orange includes camouflage that is not less than 50 percent
hunter orange. The garments that are hunter orange must be the hunter’s outermost garment and be
visible from all sides of the hunter. This does not apply to an individual engaged in the taking of deer with
a bow or crossbow during archery deer season, an individual taking bear with a bow or crossbow, an
individual engaged in the taking of turkey or migratory birds other than woodcock, an individual engaged
in the sport of falconry, or an individual who is stationary and in the act of hunting bobcat, coyote, or fox.
(17) Possess or use lures or attractants in an area frequented by game that contain or claim to contain
cervid urine or other bodily fluids originating from cervids, except for products produced by manufacturers
that are actively enrolled and participating in either the official Responsible Hunting Scent Association or
Archery Trade Association Deer Protection Program, which has been tested for the presence of chronic
wasting disease by a qualified laboratory and certified that no detectable levels of chronic wasting
disease are present and is clearly labeled as such.
History: Eff. Mar 31, 1989; Am. 20, 1989, Eff. Sep 1, 1989; Am. 2, 1993, Eff. Sep 1, 1993; Am. 13, 1993, Eff. Sep 1, 1993; Am. 19, 1993, Eff. Sep
10, 1993; Am.6, 1995, Eff. Sep 1, 1995; Am. 6, 1998, Eff. May 15, 1998; Am. 11, 2000, Eff. Sep 1, 2000; Am. 2, 2001, Eff. Mar. 1, 2001; Am. 10,
2001, Eff. Jul 1, 2001; Am. 8, 2002, Eff. Jun 8, 2002; Am. 2, 2003, Eff. Apr 12, 2003; Am. 2, 2005, Eff. Mar 11, 2005; Am. 16, 2006, Eff. Aug 11,
2006; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6, 2012; Am. 17, 2010, Eff. Aug 13,
2010; Am. 6, 2013, Eff. May 10, 2013; Am. 14, 2013, Eff. Jul 12, 2013; Am. 6, 2014, Eff. June 13, 2014; Am. 1, 2016, Eff. Feb. 12, 2016; Am 8,
2016, Eff. June 10, 2016; Am. 8, 2017, Eff.. Sept. 15, 2017; Am. 12, 2018, Eff. Aug. 10, 2018; Am. 7, Eff. July 12, 2019; Am. 8 of 2020; Eff. Feb.
12, 2021; Am. 5 of 2021; Eff. June 11, 2021; Am. 2 of 2023, Eff. Mar. 9, 2023; Am. 7 of 2023, Eff. June 8, 2023.
(3) A licensed bear hunter accompanying a dog tracker outside of legal hunting hours shall not have a
loaded firearm, a cocked crossbow, or bow with nocked arrow except at the time and point of kill.
(4) Only a licensed hunter may dispatch and tag the wounded deer, elk, or bear.
(5) A dog tracker, when accompanying a licensed hunter, must comply with all the following:
(a) Tracker must register to receive a bi-annual permit from the department’s law enforcement division
authorizing the individual to track with a dog. Tracker shall submit an application for a permit on a form or
through a web-based application system furnished by the department. A permit application shall be
considered only if the applicant is at least 18 years of age or older and has provided all documentation
required by the department:
(b) Tracker’s name, address, telephone number, and accompanying hunter’s license information must
be provided to the department’s report all poaching telephone number prior to initiating each tracking
activity.
(c) Tracker has control of the dog off leash when the tracker can demonstrate knowledge of the dog’s
location and a method to control the dog, which may include voice command.
(d) Tracker must contact the department’s report all poaching telephone number within 12 hours of a
mortally wounded animal being dispatched or ending each tracking activity.
History: Am. 2, 2010, Eff. Feb 5, 2010; Am. 17, 2010, Eff. Aug 13, 2010; Am. 5 of 2023, Eff. June 8, 2023.
2.3 Permitted acts; trapping; use of rimfire firearm .22 caliber or smaller; American
Indians on reservations.
Sec. 2.3 This order shall not be construed to prohibit any of the following:
(2) Subject to section 2.5 of this order, an individual may use a rimfire firearm .22 caliber or smaller to
kill raccoon while hunting with dogs between the hours of 7 p.m. and 6 a.m. during the firearm deer
season.
(3) The carrying and using of a rimfire firearm .22 caliber or smaller to kill legally trapped furbearers, as
permitted in section 3.600 (1), during the firearm deer season if the firearm is loaded only at the point of
kill.
(4) The enjoyment by American Indians living on a reservation of the privileges bestowed upon them by
federal law or treaties.
History: Eff. Mar 31, 1989; Am. 2, 2003, Eff. Apr 12, 2003; Am. 11, 2011, Eff. Jun 10, 2011; Am 8, 2016, Eff. June 10, 2016.
(a) The individual is hunting with the aid of dogs and is at the point of kill.
(b) The individual is hunting with the aid of game call or predator call.
(2) Persons not possessing a bow, crossbow, or firearm while traveling afoot may use lights as defined
in subsection (1) during dog training or field dog trials to follow dogs chasing raccoon, opossum, or fox.
(3) Artificial lights, similar to the type ordinarily held in the hand or on the person, may be used by a
person traveling afoot to take a bear outside of the open bear season under the authority of a bear
damage shooting permit as provided in sections 5.46 and 5.47 of this order.
(4) Artificial lights, similar to the type ordinarily held in the hand or on the person, may be used by a
person traveling afoot to take a deer outside of the open deer season under the authority of a deer
damage shooting permit as provided in sections 5.42 of this order.
History: Eff. Mar 31, 1989; Am. 20, 1989, Eff. Sep 1, 1989; Am. 2, 1990, Eff. Feb 19, 1990; Am. 12, 2000, Eff. Sep 1, 2000; Am. 2, 2003, Eff. Apr
12, 2003;Am.2, 2005, Eff. Mar 11, 2005; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6,
2012; Am. 2, 2010, Eff. Feb 5, 2010; Am. 17, 2010, Eff. Aug 13, 2010; Am. 11, 2011, Eff. Jun 10, 2011; Am. 4, 2016, Eff. April 15, 2016; Am 11,
2016, Eff. Dec. 9, 2016; Am 1, 2020, Eff. Apr. 17, 2020; Am. 2 of 2023; Eff. Mar. 9, 2023; Am. 7 of 2023; Eff. June 8, 2023.
2.4a Permissible use of a crossbow and laser sighting device by blind person during
lawful hunting hours, conditions for use.
Sec. 2.4a (1) A blind person, as defined by section 1 of 1978 PA 260 MCL 393.351, may use a laser
sighting device in conjunction with a crossbow or a firearm to take an animal during the lawful hunting
hours for that animal if all of the following conditions are met while the person is taking an animal:
(a) The person is accompanied and assisted by a sighted person. The sighted person must be at least
18 years of age and be in possession of a hunting license other than an apprentice license issued by this
state, another state, a province of Canada, or another country or a certificate of completion of training in
hunter safety issued by this state, another state, a province of Canada, or another country, and shall
furnish such proof upon the request of a peace officer.
(b) The person possesses proof of blindness in the form of an identification card issued under the
authority of section 1 of 1972 PA 222, MCL 28.292, and furnishes the proof of blindness upon the request
of a peace officer.
(2) The department may issue a permit to a person who is permanently or temporarily disabled to use a
laser sighting device in conjunction with a crossbow, modified bow, or a firearm to take an animal during
lawful hunting hours for that animal if the permittee is accompanied by another person at least 18 years of
age who is licensed to hunt that game under a license other than an apprentice license.
History: Am. 3, 1997, Eff. Jun 1, 1997; Am. 5, 2003, Eff. May 10, 2003; Am. 10, 2007, Eff. May 11, 2007; Am. 17, 2010, Eff. Aug 13, 2010.
(2) In addition to the daylight hunting hours specified in subsection (1) and 3.605, a person traveling
afoot at night and in possession of only a bow and arrow, a crossbow, a pneumatic gun, a rimfire firearm
.22 caliber or smaller, a centerfire rifle or centerfire pistol .269 caliber or smaller, or shotgun with loads
other than buckshot larger than number 3, slug or cut shell, unless otherwise provided by law, may take
within their specified open seasons raccoon, opossum, coyote, and fox. However, subject to MCL
324.43510, (2) and (3), a person hunting these species during the nighttime hunting hours shall not
possess a loaded firearm, a cocked crossbow, or bow with a nocked arrow unless one or more of the
following conditions apply:
(a) The individual is hunting with the aid of dogs and is at the point of kill.
(b) The individual is hunting with the aid of game call or predator call.
(3) A person shall not use a centerfire rifle or centerfire pistol to take an animal during nighttime hunting
hours as specified in subsection (2) in any state park or recreation area. Within the limited firearms deer
zone as defined in section 1.2, a person may use a centerfire rifle or centerfire pistol during nighttime
hunting hours, as specified in subsection (2), only on private land.
(4) Except for woodcock and crow, the hunting and hawking hours for all waterfowl and migratory birds
shall be as listed in the state waterfowl hunting guide. The hunting hours for woodcock shall substantially
conform to sunrise to sunset and shall be as published in the Michigan hunting and trapping guide. The
hunting hours for crow shall be as specified in subsection (1).
(5) The hunting hours for wild turkey during the spring season shall substantially conform to one-half
hour before sunrise to one-half hour before sunset, and shall be those starting times and ending times
published in the state hunting guide for wild turkey.
(6) The hunting hours for teal during the early season shall substantially conform to sunrise to sunset,
and shall be those starting times and ending times as published in the waterfowl hunting digest.
(7) Subject to MCL 324.43510, (2) and (3), except during the hunting hours specified in this section and
as otherwise provided by subsection (2) and sections 5.42, 5.46 and 5.47, a person shall not possess
afield a firearm unless it is unloaded in the barrel, or crossbow or a bow and arrow unless all arrows and
bolts are placed in a quiver. A person may, to comply with section 4.1(2), kill a down and mortally
wounded deer, bear, or elk using an otherwise legal means and may possess a loaded firearm, a cocked
crossbow, or bow with nocked arrow only at the time and at the point of kill. Notwithstanding any other
provision of this subsection, a person hunting under the authority of a wild turkey license during the spring
wild turkey season may load and carry a loaded firearm afield while going to their hunting stand up to one
hour prior to the spring wild turkey hunting hours.
History: Am. 13, 1993, Eff. Sep 1, 1993; Am. 9, 1995, Eff. Jan 1, 1996; Am. 1, 1998, Eff May 15, 1998; Am. 10, 1998, Eff. Jun 15, 1998; Am. 19,
2004, Eff. Dec 10, 2004; Am. 2, 2005, Eff. Mar 11, 2005; Am. 4, 2008, Eff. Apr 11, 2008; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision
regarding the use of the crossbow effective Mar 6, 2012; Am. 17, 2010, Eff. Aug 13, 2010; Am. 11, 2011, Eff. Jun 10, 2011; Am. 7, 2013, Eff. June
14, 2013; Am. 8, 2014, Eff. Jul 11, 2014; Am. 4, 2016, Eff. April 15, 2016; Am. 11, 2016, Eff. Dec. 9, 2016; Am 1, 2020, Eff. Apr. 17, 2020; Am. 2 of
2023; Eff. Mar. 9, 2023; Am. 4, 2023; Eff. Apr. 13, 2023; Am. 7 of 2023, Eff. June 8, 2023.
2.8 Hunt with bow and arrow from scaffold, raised platform, or tree allowed; taking
certain species with a firearm from scaffold, raised platform or tree allowed; use of
scaffold, platform, ladder, steps or certain other devices in taking an animal on publicly
owned lands, exception.
Sec. 2.8 An individual may hunt with a crossbow or a bow and arrow from a scaffold, raised platform, or
tree. An individual taking deer, elk, turkey, bobcat, fox, coyote, raccoon, opossum, or bear with a firearm
may use a scaffold, raised platform, or tree pursuant to all other hunting regulations. An individual taking
small game that are not migratory game birds may use a scaffold, raised platform, or tree pursuant to all
other hunting regulations. In taking an animal, an individual shall not do any of the following on publicly
owned lands:
(1) Permanently construct or affix to a tree or other natural feature a scaffold, platform, ladder, steps or
any other device to assist in climbing a tree, or use any item that penetrates the cambium of a tree in the
construction or affixing of any device to assist in climbing a tree.
(2) Use or occupy a scaffold, raised platform, ladder, or step that has been permanently affixed or
attached to any tree or other natural feature.
(3) Nothing in this section shall prohibit a scaffold or platform temporarily affixed to a tree by use of a T-
bolt or similar device supplied by the manufacturer at the time the scaffold or platform was purchased.
(4) Use or occupy a scaffold or raised platform without having first etched, engraved, implanted, burned,
printed, or painted on the scaffold or raised platform, the name and address, complete Michigan driver’s
license number, or DNR sportcard number of the user in legible English easily read from the ground.
(5) Use, occupy, or place a scaffold, raised platform, ladder, steps, or any other device to assist in
climbing a tree if the scaffold, raised platform, ladder, steps, or other device is on public lands earlier than
September 1 of each year or is not removed by March 1, exception:
(a) The scaffold, raised platform, ladder, steps, or any other device to assist in climbing a tree for elk
hunting purposes may be placed on public lands from August 15 through five days after the close of the elk
season for which the individual is licensed, or if successful, five days after harvesting an elk.
History Note: Am. 13, 1993, Eff. Sep 1, 1993; Am. 9, 1995, Eff. Jan 1, 1996; Am. 1, 1998, Eff. May 15, 1998; Am. 10, 1998, Eff. Jun 15, 1998; Am.
11, 2007, Eff. Jun 8, 2007; Am. 2, 2009, Eff. Mar 6, 2009, with a sunset provision regarding the use of the crossbow effective Mar 6, 2012; Am. 17,
2010, Eff. Aug 13, 2010; Am. 6, 2013, Eff. May 10, 2013; Am. 14, 2013, Eff. Jul 12, 2013; Am. 5, 2014, Eff. Apr 11, 2014; Am. 3, 2015, Eff. May 8,
2015; Am. 4, 2017, Eff. June 8, 2017; Am. 4, 2018, Eff. April 13, 2018; Am. 9, 2019, Eff. Nov. 8, 2019; Am 1, 2020, Eff. Apr. 17, 2020; Am. 5, 2020;
Eff. May 15, 2020.
2.9 “Ground blind” defined; requirements to use, occupy, place, build, construct, or
maintain a ground blind on publicly owned lands; use or placement of blind does not
convey exclusive hunting right.
Sec. 2.9 (1) For the purposes of this section, “ground blind” means a structure, enclosure, or any
material, natural or manufactured, placed on the ground to elevate or otherwise assist in concealing or
disguising the user or occupant for the purpose of taking an animal except for commercially manufactured
ladder stands which lean up against and require the support of a tree to maintain their upright position.
(2) A person may use, occupy, place, build, construct, or maintain a ground blind on publicly owned
lands only if one of the following applies:
(a) The ground blind is constructed exclusively of dead and natural materials found on the ground in the
area where the blind is constructed, except that cloth, netting, plastic or other materials may be used by
the occupant of a ground blind if the cloth, netting, plastic or other materials are not fastened to the blind
and are carried out by the user at the end of each day’s hunt. For the purposes of this section, “fastened”
means stapled, nailed, glued, or other means of permanent attachment other than tying.
(b) The ground blind is clearly a portable blind and is removed at the end of each day's hunt. Fasteners,
if used to attach or anchor a portable blind, shall be removed at the end of each day’s hunt and shall not
consist of any item that penetrates the cambium of a tree.
(c) The ground blind is a temporary ground blind constructed of materials other than dead and down
materials found on the ground in the area where the blind is constructed and which meets all of the
following conditions:
(i) The blind for deer hunting purposes is not located upon publicly owned lands from the day following
the last day of the open deer season to September 1 unless allowed by the public agency administering
the land on which the blind is located. A ground blind located on publicly owned lands anytime during the
period defined in this subsection shall be considered an abandoned ground blind.
(ii) The blind for bear hunting purposes is not located upon publicly owned lands from five days after
bear season closes to 31 days prior to the open bear hunting season in each bear management unit;
except successful bear hunters must remove their ground blind within 5 days of harvesting a bear. A
ground blind located on publicly owned lands anytime during the period defined in this subsection shall be
considered an abandoned ground blind.
(iii) The name and address, Michigan driver’s license number, or DNR sportcard number of the licensed
bear hunter in the bear management unit where licensed, or, outside of the bear season, the person
placing the ground blind, is permanently attached, etched, engraved, or painted on the ground blind.
(iv) Fasteners, if used to attach or anchor a temporary ground blind, shall be removed with the blind and
shall not consist of any item that penetrates the cambium of a tree.
(v) The blind for elk hunting purposes is not located upon publicly owned lands from five days after elk
season closes to August 15; except successful elk hunters must remove their ground blind within 5 days
of harvesting an elk. A ground blind located on publicly owned lands anytime during this period defined in
this subsection shall be considered an abandoned ground blind.
(vi) The name and address, Michigan driver’s license number, or DNR sportcard number of the licensed
elk hunter in the elk management unit where licensed, or, outside of the elk season, the person placing
the ground blind, is permanently attached, etched, engraved, or painted on the ground blind.
(vii) The name and address, Michigan driver’s license number, or DNR sportcard number of the person
placing the ground blind shall be permanently attached, etched, engraved, or painted on the ground blind.
(3) This section shall not apply to blinds constructed and used for taking waterfowl as described in
section 3.401 or structures constructed by a public agency upon lands administered by that public
agency.
(4) The placement or use of a ground blind on publicly owned lands shall in no way convey exclusive
hunting rights to the area surrounding that blind.
(5) A ground blind that does not meet the requirements of subsection (2) shall be an illegal ground
blind. A person shall not use an illegal ground blind.
(6) Only ground blinds which meet the requirements of subsections (2)(a) or (2)(b) may be used in state
game areas, state recreation areas and state parks that are located in zone 3.
History: Am. 9, 1995, Eff. Jan 1, 1996; Am. 4, 1996, Eff. Jun 6, 1996; Am. 3, 1997, Eff. Jun 1, 1997; Am. 1, 1998, Eff. May 15, 1998; Am. 10, 1998,
Eff. Jun 15,1998; Am. 11, 2005, Eff. Jun 3, 2005; Am. 16, 2013, Eff. Aug 9, 2013; Am. 4, 2018, Eff. Apr. 13, 2018; Am. 7, Eff. July 12, 2019; Am. 2
of 2023; Eff. Mar. 9, 2023.
2.10 Person with a disability defined; disabled person use of temporary blind on public
land, conditions for use; exception for a person assisting a disabled person.
Sec 2.10 For the purposes of this section, a disabled person shall mean a person issued a permit to
hunt from a standing vehicle under the authority of section 40114 of 1994 PA 451, MCL 324.40114, a
person issued a placard by the department of state which entitles that person to the privileges bestowed
by section 675 of 1949 PA 300, MCL 257.675, or a person with a disability as defined by section 81101
1994 PA 451, MCL 324.81101, or a person issued a crossbow permit pursuant to section 5.95 of this
order.
(1) Notwithstanding the provisions of section 2.9, a person with a disability may place, use, and occupy
a temporary blind constructed of manufactured materials which is left overnight on public land if all of the
following conditions are met:
(a) The person has first etched, engraved, implanted, burned, printed, or painted on the blind the name
and address, complete Michigan driver’s license number, or DNR sportcard number of the person placing
the blind on publicly owned lands in legible English. It shall be unlawful for a person to affix a fictitious
name or address to a blind, or remove a name or address from a blind until after the blind is removed
from publicly owned lands.
(b) The blind is a temporary blind which is manufactured for that purpose and is placed no earlier than
10 days prior to the open hunting season for which it is used and removed at the end of the season for
which it is used.
(c) The blind is not affixed or attached to any tree or other natural feature using nails, screws, bolts, lag
screws, wire, rope, or any other device or fastener made by a person.
(2) A person who is not a person with a disability may assist a person with a disability in placing or
removing a lawful blind on public land.
History: Am. 9, 1995, Eff. Jan 1, 1996; Am. 3, 1997, Eff. Jun 1, 1997; Am. 10, 2013, Eff. Jul 12, 2013; Am. 4, 2017, Eff. June 9, 2017.
2.11 "Fence" and "passages" defined; certain fence construction shall constitute a taking
or maintaining in captivity of deer, elk, bear and moose; temporary permits, permit and
issuance requirements, fees; exceptions.
Sec. 2.11 (1) As used in this order, "fence" means a structure or combination of a structure and natural
barrier which is sufficient to prohibit the natural movement of an animal. For the purposes of this order,
except as provided by subsections (6) and (7), construction of a fence shall constitute a taking or the
maintaining in captivity of wild, free-ranging deer, elk, bear, or moose if the structure is constructed in an
area frequented by wild, free-ranging deer, elk, bear, or moose and if 1 or more of the following conditions
apply:
(a) The constructed structure is greater than 52 inches in height above the adjacent grade anywhere
along its length and the total length of the constructed structure is more than ¼ mile and does not contain
passages constructed in such a manner as to ensure the passage of wild, free ranging deer, elk, bear, or
moose.
(b) The constructed structure is greater than 52 inches in height above the adjacent grade anywhere
along its length and the combination of the constructed structure length and natural barrier length is more
than ¼ mile in length and does not contain within the length of the constructed structure passages
constructed in such a manner as to ensure the passage of wild, free ranging deer, elk, bear, or moose.
(c) The proposed fence would enclose deer, elk, bear, or moose and the person constructing or causing
the construction of the fence did not obtain a permit prior to construction of the fence from the department
for the temporary enclosing of animals or did not comply with the conditions of the temporary enclosing
permit including the removal or flushing of deer, elk, bear, or moose or the payment of fees as directed by
the permit. An application for a permit to temporarily enclose deer, elk, bear, or moose shall not be
considered unless the applicant includes a proposed method and timetable for the removing or flushing
the deer, elk, bear, or moose and the proposed method and timetable of removing or flushing the deer,
elk, bear, or moose is approved by the department. If approved by the department, a permit shall be
issued by the wildlife permit specialist.
(2) As used in this order, "passage" means a space, opening, or fence 52 inches or less in height
constructed in a manner to ensure the passage of wild, free-ranging deer, elk, bear, or moose. For a
passage to be constructed in a manner to ensure the movement of wild, free ranging deer, elk, bear, or
moose, all of the following shall apply:
(a) Passages shall be at least 40 feet wide and shall be spaced no more than 660 feet from the next
passage.
(b) Fence corners shall have passages extending at least 20 feet in each direction.
(3) A person shall not construct, obstruct, or place passages in a manner to inhibit the movement of
wild, free- ranging deer, elk, bear, or moose.
(a) A person violates this section when the person does any of the following:
(i) Constructs passages in a place where the terrain or other natural features would inhibit passage use
by wild, free-ranging deer, elk, bear, or moose.
(ii) Physically constructs passages in a manner that inhibits passage use by wild, free-ranging deer, elk,
bear, or moose.
(iii) Blocks passages with physical barriers or otherwise constructs or uses physical barriers to impede
the movement of wild, free-ranging deer, elk, bear, or moose through passages.
(iv) Uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal
behavior in order to hinder, impede, or prevent the movement of wild, free-ranging deer, elk, bear, or
moose through passages.
(v) Erects barriers or uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to
affect animal behavior in order to hinder, impede, or deny wild, free-ranging deer, elk, bear, or moose
ingress or egress to areas where passages are located.
(vi) Engages in any other act or behavior for the purpose of violating this subsection.
(4) The department may provide a written variance from these requirements for passages if the variance
is deemed beneficial to wildlife and consistent with the intent of this order. Passages shall be placed along
known travel lanes used by deer, elk, bear, or moose whenever practicable. It is recommended that either
a minimum space of 4 inches be provided between the bottom of the fence and the adjacent grade, or that
the fencing material contains 6-inch by 6-inch openings at ground level, in order to provide for the
movement of other wildlife.
(5) In issuing a permit for the temporary enclosing of animals, the department shall do all of the
following:
(a) If a permit is issued for a fence which would enclose wild, free-ranging elk, bear, or moose, the
permit shall require the flushing or removal of all elk, bear, and moose.
(b) If a permit is issued for a fence which would enclose deer, the approved flushing plan shall require
the flushing or removal of as many deer as practical. Deer not flushed or otherwise removed from an
enclosure shall be killed in a manner approved by the department.
(c) Include a statement to advise the applicant that additional local or state regulations may apply to the
construction and placement of fences.
(d) Charge a fee of $45.00 for each permit issued. However, if any deer is killed pursuant to subdivision
(b), the permit fee shall be $45.00 plus $250.00 for each deer killed.
(6) This section shall not apply to premises licensed under the provisions of part 427, breeders and
dealers, of the natural resources and environmental protection act, Act 451 of the Public Acts of 1994,
being sections 324.42701 to 324.42714 of the Michigan Compiled Laws, or premises registered as a
cervidae livestock facility under the provisions of the privately owned cervidae producers marketing act,
Act 190 of the Public Acts of 2000, being sections 287.951 to 287.969 of the Michigan Compiled Laws, or
to an exclusion structure which does not kill, harm, capture, trap, or collect animals and which is
constructed to:
(a) Deter or prevent damage by wild animals to private property, including but not limited to fences to
protect livestock; poultry and other birds, including captive-reared game birds; farm crops; orchards; and
gardens.
(b) Protect public safety, including but not limited to airport fencing, military fencing, and fencing to
restrict access to dangerous or potentially dangerous areas.
(c) Provide any function and be constructed within the curtilage or within the incorporated limits of a city
or village.
(d) Provide any type of industrial or commercial security function and be constructed within a recognized
industrial or commercially zoned area.
(7) As provided by law for the taking of animals to prevent or control damage and when deemed
advisable for public health or safety reasons, the wildlife division chief may issue a permit to allow the
taking of deer, elk, bear, or moose by fence.
History: Am. 4, 2000, Eff. Jan 14, 2000; Am. 2, 2002, Eff. Mar 11, 2002.
2.12 Pure Michigan hunt; eligibility requirements, definition, open area, exceptions.
Sec. 2.12 (1) A Pure Michigan Hunt applicant must meet the age requirement and all other eligibility
requirements established in statute to purchase a regular (not apprentice or mentored youth) hunting
license to hunt bear, deer, or elk with a firearm.
(2) Notwithstanding any other provisions of this order, and subject to the requirements of applicable
statutes, a Pure Michigan Hunt license shall include the opportunity to purchase:
(b) One bear license (not valid for Drummond island BMU).
(3) Successful applicants shall be determined by a drawing. Pure Michigan Hunt drawing success does
not affect or involve any preference points or ineligibility periods related to other hunting licenses or
lifetime licenses.
(4) Three Pure Michigan packages shall be awarded each year allowing the successful applicant to
purchase the above licenses for the prices established by the department pursuant to law.
(5) The nonrefundable application fee for a Pure Michigan Hunt license is $5.00.
(6) Pure Michigan Hunt applicants may purchase multiple Pure Michigan Hunt applications.
(7) Licenses purchased by a successful Pure Michigan Hunt applicant shall be valid for the following:
(a) Pure Michigan Hunt unit defined in section 12.999 for each game species.
(b) During any open season for that species, with the appropriate hunting devices authorized by this
order.
(c) On any lands open to hunting for those licenses in section 2.12(2) with permission of the private
landowner, if applicable.
(d) The party hunt leader with the first selection at any managed waterfowl area during the reserved
hunt period, or first selection of another hunt choice at any managed waterfowl area if approved by the
local area manager. The party hunt leader with first selection of a hunt choice at any managed waterfowl
area must give a minimum of 24 hours’ notice to the managed waterfowl area they will be visiting.
(8) A Pure Michigan Hunt applicant must meet all the requirements to participate in any season covered
by the Pure Michigan Hunt license.
(9) Successful Pure Michigan Hunt applicants are not prohibited from:
(a) Applying for a limited draw license authorized by any other provision of this order.
(d) Retention of any preference points or chances accumulated by other provisions of this order.
(10) Nonresidents are not eligible to purchase a Michigan elk hunting license.
(11) Successful Pure Michigan Hunt applicants may transfer authorization to purchase Pure Michigan
Hunt licenses to individuals who satisfy eligibility requirements established for Pure Michigan Hunt
applicants, and are eligible to purchase licenses for the hunts being transferred.
History: Am. 12, 2009, Eff. Jun 4, 2009; Am. 2, 2014, Eff. March 1, 2014; Am. 6, 2014, Eff. June 13, 2014; Am. 5, 2018, Eff. April 13, 2018; Am. 4,
2023; Eff. Apr. 13, 2023.
(2) As used in this section, “hunting device” means a firearm, crossbow, or bow and arrow that may be
lawfully used and possessed during the open season for the game species being hunted.
(3) A person may be eligible to participate as a mentor in the mentored youth hunting program only if all
of the following apply:
(b) A mentor shall possess a valid license to hunt, other than an apprentice license.
(c) A mentor shall demonstrate proof of previous hunting experience in the form of a previous hunting
license, other than an apprentice license, or a certificate of completion for hunter safety training issued to
that individual by this state, another state, a province of Canada, or another country.
(d) A mentor shall ensure that any hunting device possessed by a mentored youth is sized appropriately
to fit the physical abilities of the mentored youth.
(e) The mentor shall maintain no more than arm’s length distance from a mentored youth at all times
that the mentored youth is in possession of a hunting device.
(4) A person less than 10 years old may lawfully possess a mentored youth hunting license and may
hunt with a mentor only if all of the following apply:
(a) The mentored youth shall demonstrate, at the request of any law enforcement officer, the operation
of their hunting device’s safety features, as applicable.
(5) No more than a total of two hunting devices may be possessed by a mentor and those mentored
youth that they are responsible for while hunting.
(6) A deer kill tag issued under the mentored youth hunting license shall be valid for any deer in any
deer management unit.
(7) The one spring season and one fall season turkey kill tag issued under the mentored youth hunting
license shall be valid on public or private land in any open turkey hunting unit. Mentored youths may also
apply for or purchase additional fall turkey licenses under the provisions of 3.300b of this order.
(8) Nonresident youth shall only take furbearers without a bag limit. Resident youth may take all species
except resident youth must be at least eight years old to obtain the free kill tags for fisher, otter, marten,
and bobcat.
(9) Mentored youths may apply for or purchase antlerless deer licenses under the provisions of 3.102
and 3.104 of this order.
(10) Mentored youths may apply for or purchase a bear license under the provisions of 3.200a of this
order.
(11) Mentored youths may apply for or purchase an elk license under the provisions of 3.4 of this order.
(12) A mentor who causes or allows a mentored youth to engage in an unlawful act as defined in Part
435 or Part 401 of 1994 PA 451, or an order or interim order issued under these parts shall be punishable
as the principal offender. Nothing in this order shall negate or diminish the responsibility of the parent or
legal guardian as provided in MCL 324.43517.
History: Am. 2, 2012, Eff. Feb. 10, 2012; Am. 19, 2013, Eff. November 8, 2013; Am. 2, 2014, Eff. Mar 1, 2014; Am. 5, 2018, Eff. April 13, 201; Am.
3, 2020; Eff. Apr. 17, 2020.
2.15 Hunting access program; requirements, conditions for use, prohibited activities.
Sec. 2.15 (1) The hunting access program (HAP) is established in accordance with MCL 324.43556.
(2) A person hunting on designated HAP lands, who is not the landowner or lease holder, shall not do
any of the following:
(a) Fail to comply with all rules listed in the landowner’s registration folder.
(b) Hunt without first registering at the designated headquarters or service station for the applicable HAP
lands prior to each hunt.
(c) Hunt in other than the “hunt type” designation as listed in HAP materials provided by the department.
(d) Hunt during a season not listed in HAP materials and other provisions in this order.
(3) A person hunting on designated HAP lands, who is not the landowner or lease holder, shall not do
any of the following activities without landowner permission:
(e) Use a blind that is affixed or attached to any tree or other natural feature using nails, screws, bolts,
lag screws, wire, rope, or any other device or fastener made by a person.
History: Am. 4, Eff. May 9, 2013.