Bill Text: MI SB0445 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Natural resources; nonnative species; list of prohibited species or restricted species; remove departmental authority to revise. Amends secs. 41301 & 41302 of 1994 PA 451 (MCL 324.41301 & 324.41302).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2013-06-20 - Referred To Committee On Natural Resources, Environment And Great Lakes [SB0445 Detail]
Download: Michigan-2013-SB0445-Introduced.html
SENATE BILL No. 445
June 20, 2013, Introduced by Senators BOOHER, CASPERSON, HUNE, PAVLOV and KOWALL 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 41301 and 41302 (MCL 324.41301 and 324.41302),
section 41301 as amended by 2009 PA 51 and section 41302 as added
by 2009 PA 52.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41301. (1) As used in this part:
(a) "Genetically engineered" refers to an organism whose
genome, chromosomal or extrachromosomal, is modified permanently
and heritably, using recombinant nucleic acid techniques, or the
progeny of such an organism.
(b) "Introduce", with reference to an organism, means to
knowingly and willfully stock, place, plant, release, or allow the
release of the organism in this state at any specific location
where the organism is not already naturalized.
(c) "Livestock" means animals under husbandry of humans and
used to provide food, fiber, or service to humans. Livestock may
include, but is not limited to, cattle, sheep, new world camelids,
goats, bison, privately owned cervids, ratites, swine, equine
species, poultry, aquaculture species, and rabbits. Livestock does
not include dogs and cats.
(d) (c)
"Prohibited species" ,
subject to section 41302, means
any of the following:
(i) Any of the following prohibited aquatic plant species,
including a hybrid or genetically engineered variant of the species
or a fragment, including a seed or other propagule, of the species
or of a hybrid or genetically engineered variant:
(A) African oxygen weed (Lagarosiphon major).
(B) Brazilian elodea (Egeria densa).
(C) Cylindro (Cylindrospermopsis raciborskii).
(D) European frogbit (Hydrocharis morsus-ranae).
(E) Fanwort (Cabomba caroliniana).
(F) Giant hogweed (Heracleum mantegazzianum).
(G) Giant salvinia (Salvinia molesta, auriculata, biloba, or
herzogii).
(H) Hydrilla (Hydrilla verticillata).
(I) Japanese knotweed (Fallopia japonica).
(J) Parrot's feather (Myriophyllum aquaticum).
(K) Starry stonewort (Nitellopsis obtusa).
(L) Water chestnut (Trapa natans).
(M) Yellow floating heart (Nymphoides peltata).
(ii) The following prohibited bird species, including a hybrid
or genetically engineered variant of the species or an egg of the
species or of a hybrid or genetically engineered variant: Eurasian
collared dove (Streptopelia decaocto).
(iii) The following prohibited crustacean species, including a
hybrid or genetically engineered variant of the species or an egg
of the species or of a hybrid or genetically engineered variant:
rusty crayfish (Orconectes rusticus).
(iv) Any of the following prohibited fish species, including a
hybrid or genetically engineered variant of the species or an egg
of the species or of a hybrid or genetically engineered variant:
(A) Bighead carp (Hypophthalmichthys nobilis).
(B) Bitterling (Rhodeus sericeus).
(C) Black carp (Mylopharyngodon piceus).
(D) Eurasian ruffe (Gymnocephalus cernuus).
(E) Grass carp (Ctenopharyngodon idellus).
(F) Ide (Leuciscus idus).
(G) Japanese weatherfish (Misgurnus anguillicaudatus).
(H) Round goby (Neogobius melanostomus).
(I) Rudd (Scardinius erythrophthalamus).
(J) Silver carp (Hypophthalmichthys molitrix).
(K) A fish of the snakehead family (family Channidae).
(L) Tench (Tinca tinca).
(M) Tubenose goby (Proterorhinus marmoratus).
(v) Any of the following prohibited insect species, including
a hybrid or genetically engineered variant of the species or an egg
of the species or of a hybrid or genetically engineered variant:
(A) Asian longhorned beetle (Anoplophora glabripennis).
(B) Emerald ash borer (Agrilus planipennis).
(vi) The following prohibited mammal species, including a
hybrid or genetically engineered variant: nutria (Myocastor
coypus).
(vii) Any of the following prohibited mollusk species,
including a hybrid or genetically engineered variant of the species
or an egg of the species or of a hybrid or genetically engineered
variant:
(A) Brown garden snail (Helix aspersa).
(B) Carthusian snail (Monacha cartusiana).
(C) Giant African snail (Achatina fulica).
(D) Girdled snail (Hygromia cinctella).
(E) Heath snail (Xerolenta obvia).
(F) Wrinkled dune snail (Candidula intersecta).
(e) (d)
"Recombinant nucleic acid
techniques" means laboratory
techniques through which genetic material is isolated and
manipulated in vitro and then inserted into an organism.
(f) (e)
"Restricted species" ,
subject to section 41302, means
any of the following:
(i) Any of the following restricted aquatic plant species,
including a hybrid or genetically engineered variant of the species
or a fragment, including a seed or other propagule, of the species
or of a hybrid or genetically engineered variant:
(A) Curly leaf pondweed (Potamogeton crispus).
(B) Eurasian watermilfoil (Myriophyllum spicatum).
(C) Flowering rush (Butomus umbellatus).
(D) Phragmites or common reed (Phragmites australis).
(E) Purple loosestrife (Lythrum salicaria), except that
cultivars of purple loosestrife developed and recognized to be
sterile and approved by the director of the department of
agriculture under section 16a of the insect pest and plant disease
act, 1931 PA 189, MCL 286.216a, are not a restricted species.
(ii) Any of the following restricted mollusk species, including
a hybrid or genetically engineered variant of the species or an egg
of the species or of a hybrid or genetically engineered variant:
(A) Quagga mussel (Dreissena bugensis).
(B) Zebra mussel (Dreissena polymorpha).
(g) "Species" includes all subspecies, distinct populations,
and organisms that are biologically capable of interbreeding and of
producing fertile offspring.
(2) For the purposes of this part:
(a) A person is not considered to possess a live organism
simply
merely because the organism is present on land or in waters
owned by that person unless the person has knowingly introduced
that live organism on that land or in those waters.
(b) A person is not considered to possess a live organism if
the organism was obtained from the environment and the person only
possesses the organism at the specific location at which it was
obtained from the environment.
(c) A person is not considered to possess a live organism if
the possession is for the purpose of promptly destroying the
organism.
Sec.
41302. (1) The commission of natural resources may by
order
add to or delete from the list of prohibited species or
restricted
species under section 41301 any species other than an
insect
or plant species. Before issuing an order under this
subsection,
the commission of natural resources shall consult with
the
department of agriculture. After the consultation, and at least
30
days before the commission of natural resources issues the
order,
the department of natural resources shall post a copy of the
proposed
order on the department of natural resources' website and
shall
submit a copy of the proposed order to all of the following:
(a)
The legislature.
(b)
The standing committees of the senate and house of
representatives
with primary responsibility for any of the
following:
(i) Agricultural issues.
(ii) Environmental issues.
(iii) Natural resources issues.
(2)
The commission of agriculture may by order add to or
delete
from the list of prohibited species or restricted species
under
section 41301 any insect or plant species. Before issuing an
order
under this subsection, the commission of agriculture shall
consult
with the department of natural resources. After the
consultation,
and at least 30 days before the commission of
agriculture
issues the order, the department of agriculture shall
post
a copy of the proposed order on the department of
agriculture's
website and shall submit a copy of the proposed order
to
all of the following:
(a)
The legislature.
(b)
The standing committees of the senate and house of
representatives
with primary responsibility for any of the
following:
(i) Agricultural issues.
(ii) Environmental issues.
(iii) Natural resources issues.
(3)
The commission of natural resources or the commission of
agriculture,
as applicable, shall list a species as a prohibited
species
or restricted species if the commission of natural
resources
or commission of agriculture, respectively, determines
the
following:
(1) (a)
For a The department of
agriculture and rural
development, after consultation with the department of natural
resources, may recommend to the legislature that a plant, insect,
or livestock species be added to or deleted from the definition of
prohibited species or restricted species. The department of natural
resources, after consultation with the department of agriculture
and rural development, may recommend to the legislature that a
species other than a plant, insect, or livestock species be added
to or deleted from the definition of prohibited species or
restricted species.
(2) For the purpose of subsection (1), a species shall be
recommended
for inclusion in the definition of prohibited
species ,
if all of the following requirements are met:
(a) (i) The organism
species is not native to this state.either
of the following:
(i) An animal born or hatched and raised in this state under
the husbandry of humans.
(ii) Imported into this state in compliance with entry
requirements prescribed by the director of the department of
agriculture and rural development and maintained in this state for
at least 45 days.
(b) (ii) The organism
species is not naturalized in this state
or, if naturalized, is not widely distributed in this state.
(c) (iii) One or
more of the following apply:
(i) (A)
The organism species has
the potential to harm human
health or to severely harm natural, agricultural, or silvicultural
resources.
(ii) (B)
Effective management or control techniques
for the
organism
species are not available.
(d) (b)
For a The species is not under
the husbandry or
control of humans.
(e) Humans do not depend on the species for survival,
maintaining a desirable quality of life, or economic security.
(3) For the purposes of subsection (1), a species shall be
recommended
for inclusion in the definition of restricted
species ,
if all of the following requirements are met:
(a) (i) The organism
species is not native to this state.either
of the following:
(i) An animal born or hatched and raised in this state under
the husbandry of humans.
(ii) Imported into this state in compliance with entry
requirements prescribed by the director of the department of
agriculture and rural development and maintained in this state for
at least 45 days.
(b) (ii) The organism
species is naturalized and widely
distributed in this state.
(c) (iii) One or
more of the following apply:
(i) (A)
The organism species has
the potential to harm human
health or to harm natural, agricultural, or silvicultural
resources.
(ii) (B)
Effective management or control
techniques for the
organism
species are available.
(d) The species is not under the husbandry or control of
humans.
(e) Humans do not depend on the species for survival,
maintaining a desirable quality of life, or economic security.
