Michigan Laws 287.1122b – Breeding license application; form; contents; documentation required; fee; large carnivore breeding advisory committee; disposition of application fees; amended license
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Terms Used In Michigan Laws 287.1122b
- Breeding license: means the license granted under section 22b. See Michigan Laws 287.1102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of agriculture and rural development. See Michigan Laws 287.1102
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Large carnivore: means either of the following:
(i) Any of the following cats of the Felidae family, whether wild or captive bred, including a hybrid cross with such a cat:
(A) A lion. See Michigan Laws 287.1102Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 287.1102 Service of process: The service of writs or summonses to the appropriate party. State veterinarian: means the chief animal health official of this state as appointed by the director of the department under section 7 of the animal industry act, 1988 PA 466, 287. See Michigan Laws 287.1102 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Veterinarian: means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 287.1102
(1) The application for a license to breed large carnivores must be on a form prescribed by the department and must contain both of the following:
(a) The name, address, telephone number, and electronic mail address of the person applying and, if the person applying is a corporation, partnership, association, governmental entity, or other legal entity, list any partners, officers, or agent for service of process.
(b) A description of the 2 large carnivores the person intends to breed and the purpose for the breeding that demonstrates compliance with section 22c(1)(l).
(2) The application described under subsection (1) must be accompanied by the following:
(a) Documentation from the United States Department of Agriculture that the person has not had an animal confiscated or been issued a finally determined direct or critical noncompliance or civil penalty as described in section 22a(c).
(b) Documentation that the person complies with section 22a.
(c) Documentation that the person complies with section 22c. Documentation that the person complies with section 22c(1)(c) and (d) must be from a local law enforcement agency.
(d) An application fee of $2,500.00.
(3) Except as provided in subsections (6) and (8), a breeding license to breed the 2 large carnivores identified under subsection (1)(b) that is granted under this section is valid for 3 years from the date the breeding license is granted.
(4) Upon receipt of an application described under subsection (1), the department shall forward the application to the large carnivore breeding advisory committee created in subsection (5). Not later than 90 days after receiving an application under subsection (1), the department shall deny, grant, or grant with conditions the application for a breeding license after considering the recommendation of the state veterinarian. The department shall not grant more than 10 new breeding licenses in a calendar year. Receipt of the application is considered the date the application is received by any agency or department of this state. If the application is considered incomplete by the department, the department shall notify the applicant in writing or make notice electronically available within 14 days after receipt of the incomplete application, describing the deficiency and requesting additional information. If the department identifies a deficiency, the 90-day period is tolled upon notification by the department of a deficiency and until the date the requested information is received by the department.
(5) The large carnivore breeding advisory committee is created in the department to advise the department on applications for a breeding license. The committee shall consist of the state veterinarian, who shall serve as chairperson, and the following 2 members appointed by the governor:
(a) One individual who is a member of a public zoo.
(b) One individual who is a member of a private zoo.
(6) The department may revoke a breeding license granted under this section upon the advice from the state veterinarian and after notice and a hearing as provided under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(7) The revenue received for application fees under this section shall be deposited in the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209. The application fees collected under this section and placed in the agriculture licensing and inspection fees fund shall be used only by the department to implement this section.
(8) The department may allow a person to amend a breeding license to breed a large carnivore that was not identified on the application under subsection (1)(b) if the person provides all of the following information to the department on forms prescribed by the department:
(a) Verification the person holds a valid breeding license.
(b) A description of the large carnivore that was not identified on the application under subsection (1)(b).
(c) Identification of the large carnivore to be removed from the breeding license.
(d) The reasons the large carnivore identified under subdivision (c) was unable to breed.