Sec. 40116.
(1) An individual shall not 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 or a color authorized by the commission under subsection (4). Hunter orange or a color authorized by the commission under subsection (4) includes camouflage that is not less than 50% hunter orange or a color authorized by the commission under subsection (4). The garments that are hunter orange or a color authorized by the commission under subsection (4) must be the hunter's outermost garment and be visible from all sides of the hunter.
(2) Subsection (1) 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.
(3) The failure of an individual to comply with this section is not evidence of contributory negligence in a civil action for injury to the individual or for the individual's wrongful death.
(4) The commission shall review and determine whether hunter pink or any additional colors are effective and safe for individuals to wear while hunting. By October 1, 2017, the commission shall issue an order under section 40113a authorizing what additional garment colors may be worn under subsection (1) based on the determination made by the commission under this subsection.
(5) As used in this section:
(a) "Hunter orange" means the highly visible color commonly referred to as hunter orange and includes blaze orange, flame orange, and fluorescent blaze orange.
(b) "Hunter pink" means the highly visible color commonly referred to as hunter pink and includes blaze pink, flame pink, and fluorescent blaze pink.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 154, Imd. Eff. Apr. 3, 1996 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004 ;-- Am. 2009, Act 65, Imd. Eff. July 2, 2009 ;-- Am. 2016, Act 377, Imd. Eff. Dec. 22, 2016 Popular Name: Act 451Popular Name: NREPA
Structure Michigan Compiled Laws
Chapter 324 - Natural Resources and Environmental Protection
Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)
Article III - Natural Resources Management (324.30101...324.83109)
451-1994-III-2 - Chapter 2 Management of Renewable Resources (324.40101...324.53519)
451-1994-III-2-1 - Subchapter 1 Wildlife (324.40101...324.43303)
451-1994-III-2-1-WILDLIFE-CONSERVATION - Wildlife Conservation (324.40101...324.41403)
451-1994-III-2-1-WILDLIFE-CONSERVATION-401 - Part 401 Wildlife Conservation (324.40101...324.40120)
Section 324.40101 - Meanings of Words and Phrases.
Section 324.40102 - Definitions; a to F.
Section 324.40103 - Definitions; G to R; "Conservation" Defined.
Section 324.40104 - Definitions; T, V.
Section 324.40105 - Animals as Property of State; Taking of Animals to Be Regulated.
Section 324.40107a - Repealed. 2003, Act 242, Eff. Jan. 4, 2009.
Section 324.40108 - Interim Orders.
Section 324.40109a - Conduct in Another State; Prosecution, Punishment, or Penalty Prohibited.
Section 324.40110a - Open Season for Moose.
Section 324.40111a - Deer and Elk Feeding; Order; Definition.
Section 324.40113 - Artificial Light.
Section 324.40115 - Possession of Certain Game Killed in Collision With Motor Vehicle.
Section 324.40117 - Possession of Parts of Animal as Prima Facie Evidence of Violation.
Section 324.40118 - Violation as Misdemeanor; Penalty; Additional Penalties.
Section 324.40120 - Michigan Big Game Trophy Records; Official Keeper; Recognition.