Bill Text: MI SB0795 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Natural resources; nonnative species; prohibited species violations; increase penalties. Amends secs. 41305, 41309 & 47361 of 1994 PA 451 (MCL 324.41305 et seq.).
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2014-12-31 - Filed With Secretary Of State 1/15/2015 @ 11:09 Am [SB0795 Detail]
Download: Michigan-2013-SB0795-Introduced.html
SENATE BILL No. 795
February 19, 2014, Introduced by Senators KOWALL, PAVLOV, WALKER, MEEKHOF and BIEDA and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 41305, 41309, and 47361 (MCL 324.41305,
324.41309, and 324.47361), sections 41305 and 41309 as amended by
2009 PA 52 and section 47361 as added by 1995 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41305. A person shall not introduce a prohibited species,
a restricted species, or a genetically engineered or nonnative
aquatic
plant, bird, crustacean, fish, insect, mammal,
or mollusk,
or aquatic plant unless the introduction is authorized by 1 of the
following, as applicable:
(a) For a fish, by a permit issued by the department of
natural resources under section 48735.
(b) For an insect or plant, by a permit issued by the
department of agriculture and rural development under section
41306.
(c) For any other species, by a permit issued by the
department of natural resources under section 41306.
Sec. 41309. (1) A person who violates section 41303(2) is
subject to a civil fine of not more than $100.00.
(2) A person who violates section 41303(1), or a condition of
a permit issued under this part, with respect to a restricted
species is subject to a civil fine of not more than $5,000.00. A
person who violates section 41303(1), or a condition of a permit
issued under this part, with respect to a prohibited species is
subject to a civil fine of not more than $10,000.00.
(3) A person who violates section 41303(1) knowing the
possession is unlawful or who willfully or in a grossly negligent
manner violates a condition of a permit issued under this part is
guilty as follows:
(a) For a violation involving a restricted species, the person
is guilty of a misdemeanor and may be imprisoned for not more than
1 year and shall be fined not less than $1,000.00 or more than
$10,000.00.
(b) For a violation involving a prohibited species that is not
an aquatic species, the person is guilty of a felony and may be
imprisoned for not more than 2 years and shall be fined not less
than $2,000.00 or more than $20,000.00.
(c) For a violation involving a prohibited species that is an
aquatic species, the person is guilty of a felony and may be
imprisoned for not more than 3 years and shall be fined not less
than $2,000.00 or more than $100,000.00.
(4) A person who, with intent to damage natural, agricultural,
or silvicultural resources or human health:
(a) Violates section 41303(1) with respect to a restricted
species
or possesses a nonnative aquatic plant, bird, crustacean,
fish,
insect, mammal, or mollusk,
or aquatic plant is guilty of a
felony and may be imprisoned for not more than 2 years and shall be
fined not less than $1,000.00 or more than $250,000.00.
(b) Violates section 41303(1) with respect to a prohibited
species
or possesses a genetically engineered aquatic plant, bird,
crustacean,
fish, insect, mammal, or mollusk,
or aquatic plant is
guilty of a felony and may be imprisoned for not more than 4 years
and shall be fined not less than $2,000.00 or more than
$500,000.00.
(5) A person who sells or offers to sell a restricted species
is subject to a civil fine of not less than $1,000.00 or more than
$10,000.00. A person who sells or offers to sell a prohibited
species is subject to a civil fine of not less than $2,000.00 or
more than $20,000.00.
(6) A person who violates section 41305 is guilty as follows:
(a) For a violation involving a restricted species or a
nonnative
aquatic plant, bird, crustacean, fish, insect, mammal, or
mollusk, or aquatic plant, the person is guilty of a misdemeanor
and may be imprisoned for not more than 6 months and shall be fined
not less than $500.00 or more than $5,000.00.
(b) For a violation involving a prohibited species or a
genetically
engineered aquatic plant, bird, crustacean, fish,
insect,
mammal, or mollusk, or
aquatic plant, the person is guilty
of a misdemeanor and may be imprisoned for not more than 1 year and
shall be fined not less than $1,000.00 or more than $10,000.00.
(7) A person who violates section 41305 with respect to a
restricted
species or nonnative aquatic plant, bird, crustacean,
fish,
insect, mammal, or mollusk,
or aquatic plant and who knows or
should know the identity of the restricted species or that the
organism,
whether a restricted species or other aquatic plant,
bird,
crustacean, fish, insect, mammal, or mollusk, or aquatic
plant is nonnative is guilty of a misdemeanor and may be imprisoned
for not more than 1 year and shall be fined not less than $1,000.00
or more than $10,000.00.
(8)
A Except as provided in
subsection (9), a person who
violates section 41305 with respect to a prohibited species or a
genetically
engineered aquatic plant, bird, crustacean, fish,
insect, mammal, or mollusk and who knows or should know the
identity
of the prohibited species or that the aquatic plant, bird,
crustacean,
fish, insect, mammal, or mollusk is genetically
engineered, respectively, is guilty of a felony and may be
imprisoned for not more than 2 years and shall be fined not less
than $2,000.00 or more than $20,000.00.
(9) This subsection applies only to species that are aquatic
species. A person who violates section 41305 with respect to a
prohibited species or a genetically engineered crustacean, fish,
insect, mollusk, or aquatic plant and who knows or should know the
identity of the prohibited species or that the crustacean, fish,
insect, mollusk, or aquatic plant is genetically engineered,
respectively, is guilty of a felony and may be imprisoned for not
more than 3 years and shall be fined not less than $2,000.00 or
more than $100,000.00.
(10) (9)
A person who violates section 41305
knowing the
introduction is unlawful, is guilty as follows:
(a) For a violation involving a restricted species or
nonnative
aquatic plant, bird, crustacean, fish, insect, mammal, or
mollusk, or aquatic plant, the person is guilty of a felony and may
be imprisoned for not more than 2 years and shall be fined not less
than $1,000.00 or more than $250,000.00.
(b) For a violation involving a prohibited species or a
genetically
engineered aquatic plant, bird, crustacean, fish,
insect,
mammal, or mollusk, or
aquatic plant, the person is guilty
of a felony and may be imprisoned for not more than 4 years and
shall be fined not less than $2,000.00 or more than $500,000.00.
(11) (10)
A person who, with intent to damage
natural,
agricultural, or silvicultural resources or human health, violates
section 41305 is guilty as follows:
(a) For a violation involving a restricted species or
nonnative
aquatic plant, bird, crustacean, fish, insect, mammal, or
mollusk, or aquatic plant, the person is guilty of a felony and may
be imprisoned for not more than 3 years and shall be fined not less
than $1,000.00 or more than $500,000.00.
(b) For a violation involving a prohibited species or a
genetically
engineered aquatic plant, bird, crustacean, fish,
insect,
mammal, or mollusk, or
aquatic plant, the person is guilty
of a felony and may be imprisoned for not more than 5 years and
shall be fined not less than $2,000.00 or more than $1,000,000.00.
(12) A vehicle, equipment, or other property used in a
criminal violation of this part or a rule promulgated or permit
issued under this part that involves an aquatic species is subject
to seizure and forfeiture as provided in chapter 47 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.
(13) If a person commits a criminal violation of this part or
a rule promulgated or permit issued under this part or knowingly
commits a violation described in subsection (5) and if the
violation involves an aquatic species, the court shall order that
any commercial fishing license or permit under part 473 issued to
the person and any vehicle group designation for a nonpassenger
commercial motor vehicle under section 312e of the Michigan vehicle
code, 1949 PA 300, MCL 257.312e, procured by the person be
suspended for 1 year, and that the person is not eligible to be
issued any such license or permit or to procure such a designation
for 1 year. If the remaining term of an existing commercial fishing
license or permit or vehicle group designation for a nonpassenger
commercial motor vehicle is less than 1 year, the court shall order
that the license or permit or designation be revoked and that the
person is not eligible to be issued any such license or permit or
to procure such a designation for 1 year. For a second violation
described in this subsection, the court shall order that any such
license or permit issued to the person or designation procured by
the person be revoked and that the person is permanently ineligible
to be issued any such license or permit or to procure such a
designation. An order under this subsection shall indicate that the
secretary of state shall suspend or revoke the vehicle group
designation for a nonpassenger commercial motor vehicle within 7
business days after receipt of the order. As it applies to a
commercial fishing license or permit under part 473, an order under
this subsection is self-effectuating. The clerk of the court shall
send a copy of the order to the department of natural resources and
secretary of state.
(14) (11)
In addition to any other civil or
criminal sanction
imposed under this section, a person who violates this part is
liable for any damages to natural resources resulting from the
violation, including, but not limited to, costs incurred to prevent
or minimize such damages.
(15) (12)
This part does not apply to
activities authorized
under the Michigan aquaculture development act, 1996 PA 199, MCL
286.871 to 286.884.
Sec. 47361. (1) A person who violates sections 47335 to 47360
is guilty of a misdemeanor, punishable by imprisonment for not more
than 30 days, or a fine of not less than $10.00 or more than
$100.00 and costs of prosecution, or both. The license of any
person convicted of 3 violations of this part or other acts or
parts regulating commercial fishing in any 1 license year shall be
automatically revoked and canceled for the balance of the license
year for which issued, and such a revocation prohibits the use of
boats, nets, or other gear by any person during the balance of the
year for which the license was issued.
(2) Subject to subsection (3), if any license or permit under
this part is ordered to be suspended or revoked under section 41309
and if the department maintains a database of suspensions or
revocations of licenses or permits under this part, the department
shall not issue a license or permit under this part to the person
for the period provided in the order.
(3) If a license or permit under this part is ordered to be
suspended under section 41309, the suspension remains in effect
until all of the following occur:
(a) The suspension period set forth in the court order has
elapsed.
(b) The person pays the department a reinstatement fee of
$125.00.
(4) Unless a person's license or permit is otherwise
suspended, revoked, or denied, the license or permit is immediately
reinstated on satisfaction of the requirements of subsection (3).
