Deer and elk feeding; wildlife and bird feeding; order; definition.

Sec. 40111a. (1) The commission, after consultation with the commission of agriculture and rural development, shall issue in the manner provided in section 40113a an order concerning deer and elk feeding in this state. Notwithstanding the order, an individual may engage in wildlife and bird feeding if both of the following conditions are met: (a) The feed is located within 300 feet of a residence. (b) The quantity of feed placed, scattered, or distributed within 300 feet of that residence, together with any feed previously placed, scattered, or distributed within 300 feet of that residence and still present, is not more than 2 gallons. (2) Any feeding order issued under this section must comply with any United States Department of Agriculture standards or memorandum of understanding between state and federal agencies pertaining to the control of infectious diseases. (3) As used in this section, "wildlife and bird feeding" means depositing, distributing, or tending feed in an area frequented by birds and other wildlife to prevent them from starving or for recreational viewing. Wildlife and bird feeding does not include any of the following: (a) Baiting to take game as provided by an order of the commission under section 40113a. (b) The scattering of feed solely as the result of normal logging practices or normal agricultural practices. (c) The storage or use of feed for agricultural purposes if 1 or more of the following apply: (i) The area is occupied by livestock actively consuming the feed on a daily basis. (ii) The feed is covered to deter wild, free-ranging white-tailed deer and elk from gaining access to the feed or is being used on a daily basis. (iii) The feed is in a storage facility or is stored in a manner that is consistent with normal agricultural practices.