Mich. Comp. Laws » Michigan Compiled Laws / Chapter 324 / Act 451 of 1994
Michigan Compiled Laws

Mich. Comp. Laws § 324.40118 (2026)

Violation as misdemeanor; penalty; additional penalties.

✓ current as of July 2026
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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT


Act 451 of 1994


324.40118 Violation as misdemeanor; penalty; additional penalties.

Sec. 40118.

    (1) An individual who violates this part, an order or interim order issued under this part, or a condition of a permit issued under this part, except for a violation specified in subsections (2) to (19), is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution. In addition, a permit issued by the department under this part must be revoked pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

    (2) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of any game, except deer, bear, wild turkey, wolf, waterfowl, moose, or elk, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.

    (3) Except as otherwise provided in this subsection or subsection (19), an individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of deer, bear, wild turkey, or wolf is guilty of a misdemeanor and may be imprisoned for not more than 90 days, shall be fined not less than $200.00 or more than $1,000.00, and shall be ordered to pay the costs of prosecution. An individual shall not be punished under this subsection for lawfully removing, capturing, or destroying a wolf under 2008 PA 290, MCL 324.95151 to 324.95155, or 2008 PA 318, MCL 324.95161 to 324.95167.

    (4) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of elk is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution.

    (5) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of moose is guilty of a misdemeanor punishable by imprisonment for not more than 1 year and a fine of not less than $1,000.00 or more than $5,000.00, and the costs of prosecution.

    (6) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $500.00, or both, and the costs of prosecution. An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl a second or subsequent time is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $500.00, or both, and the costs of prosecution.

    (7) An individual sentenced under subsection (3), (14), or (15) shall not secure or possess a license of any kind to hunt during the remainder of the year in which convicted and the next 3 succeeding calendar years. An individual sentenced under subsection (11) shall not secure or possess a license to hunt during the remainder of the year in which convicted and the next succeeding calendar year, or longer in the discretion of the court.

    (8) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a bear or an antlered white-tailed deer is subject to the following penalties:

    (a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7).

    (b) For a second or subsequent offense, the individual shall not secure or possess a license of any kind to hunt for an additional 7 calendar years after the penalties imposed under subsection (7).

    (9) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a wild turkey shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7).

    (10) An individual sentenced under subsection (4) or (5) is subject to the following penalties:

    (a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of the year in which convicted and the next 15 succeeding calendar years.

    (b) For a second offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of that individual's life.

    (11) An individual who violates section 40113(1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution.

    (12) An individual who violates section 40113(2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution.

    (13) An individual who violates section 40113(3) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution.

    (14) An individual who violates a provision of this part or an order or interim order issued under this part regarding the taking or possession of an animal that has been designated by the department to be a protected animal, other than an animal that appears on a list prepared under section 36505, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.

    (15) An individual who buys or sells game or a protected animal in violation of this part or an order or interim order issued under this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both, for the first offense, and is guilty of a felony for each subsequent offense.

    (16) An individual who willfully violates a provision of this part or an order or interim order issued under this part by using an illegally constructed snare or cable restraint is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $1,000.00 for the first illegally constructed snare or cable restraint and $250.00 for each subsequent illegally constructed snare or cable restraint, or both, and the costs of prosecution.

    (17) An individual who violates a provision of this part or an order or interim order issued under this part regarding the importation of a cervid carcass or parts of a cervid carcass, other than hides, deboned meat, quarters or other parts of a cervid that do not have any part of the spinal column or head attached, finished taxidermy products, cleaned teeth, antlers, or antlers attached to a skullcap cleaned of brain and muscle tissue, from another state or province is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution.

    (18) If an individual is convicted of a violation of this part or an order or interim order issued under this part and it is alleged in the complaint and proved or admitted at trial or ascertained by the court after conviction that the individual had been previously convicted 2 times within the preceding 5 years for a violation of this part or an order or interim order issued under this part, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution.

    (19) An individual who violates a provision of this part or an order or interim order issued under this part regarding any of the following is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $150.00:

    (a) Attaching that individual's name, driver license number, or sportcard number to a ground blind.

    (b) Attaching that individual's name, driver license number, or sportcard number to a tree stand, scaffold, or raised platform.

    (c) Supplemental feeding of deer.

    (d) Reporting of a deer harvest or retention of a deer harvest confirmation number.

    

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 347, Imd. Eff. Dec. 28, 2000 ;-- Am. 2012, Act 520, Imd. Eff. Dec. 28, 2012 ;-- Am. 2015, Act 188, Eff. Feb. 14, 2016 ;-- Am. 2017, Act 124, Eff. Jan. 10, 2018 ;-- Am. 2020, Act 385, Eff. Mar. 24, 2021 ;-- Am. 2022, Act 23, Eff. June 8, 2022 ;-- Am. 2023, Act 55, Imd. Eff. July 12, 2023

Compiler's Notes:

    Enacting section 2 of Act 124 of 2017 provides:

    "Enacting section 2. This amendatory act may be referred to as the "John Kivela amendatory act"."

PopularName Notes:

Act 451

PopularName Notes:

NREPA
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1998–2025 · leading case: Czymbor’s Timber, Inc v. City of Saginaw, 733 N.W.2d 1 (Mich. 2007).
Sort: Relevance Newest Treatment
Czymbor’s Timber, Inc v. City of Saginaw, 733 N.W.2d 1 (Mich. 2007). · cites it 2× “41901(1), which is substantively identical to its predecessor statute, MCL 317.”
People v. Levigne, 297 Mich. App. 278 (Mich. Ct. App. 2012). · cites it 9× “, 1 appeal by leave granted the circuit court’s order affirming their convictions before the district court for unlawfully taking a bear in violation of MCL 324.40118(3). Defendants were charged with a misdemeanor violation of the Natural Resources and Environmental Protection…”
Cheboygan Sportsman Club v. Cheboygan Cnty. Prosecuting Attorney, 858 N.W.2d 751 (Mich. Ct. App. 2014). “Under MCL 324.40118(1), which makes violation of MCL 324.”
People v. Cummings, 580 N.W.2d 480 (Mich. Ct. App. 1998). “MCL 324.40118; MSA 13A.40118. An intent to injure cannot be established by the malum prohibitum offense.”
Zdebski v. Schmucker, 972 F. Supp. 2d 972 (E.D. Mich. 2013). “§ 324.40118(1)). Third, Michigan law permits prosecutors to charge under alternative theories of guilt and a person convicted under a multiple variables charge will not have the conviction reported under a code that identifies the specific subsection of the statute.”
Mike Yoder v. Scott Bowen (6th Cir. 2025). “2024) (concluding criminal statute was “a standard criminal law with no attributes making enforcement easier or more likely”).”
Cheboygan Sportsman Club v. Cheboygan Cnty. Prosecuting Attorney (Mich. Ct. App. 2014). “Pursuant to MCL 324.40118(1), which makes violation of MCL 324.”
— Mich. Comp. Laws § 324.40118(1) — 3 cases
Cheboygan Sportsman Club v. Cheboygan Cnty. Prosecuting Attorney, 858 N.W.2d 751 (Mich. Ct. App. 2014). “Under MCL 324.40118(1), which makes violation of MCL 324.”
Zdebski v. Schmucker, 972 F. Supp. 2d 972 (E.D. Mich. 2013). “§ 324.40118(1)). Third, Michigan law permits prosecutors to charge under alternative theories of guilt and a person convicted under a multiple variables charge will not have the conviction reported under a code that identifies the specific subsection of the statute.”
Cheboygan Sportsman Club v. Cheboygan Cnty. Prosecuting Attorney (Mich. Ct. App. 2014). “Pursuant to MCL 324.40118(1), which makes violation of MCL 324.”
— Mich. Comp. Laws § 324.40118(3) — 1 case
People v. Levigne, 297 Mich. App. 278 (Mich. Ct. App. 2012). “, 1 appeal by leave granted the circuit court’s order affirming their convictions before the district court for unlawfully taking a bear in violation of MCL 324.40118(3). Defendants were charged with a misdemeanor violation of the Natural Resources and Environmental Protection…”
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