Bill Text: MI SB0510 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Natural resources; nonnative species; aquatic invasive species introduction through trade pathways; require advisory council to recommend laws to prevent. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding secs. 41409, 41413 & 41415 & repeals (See bill). TIE BAR WITH: SB 0508'11, SB 0509'11
Spectrum: Moderate Partisan Bill (Republican 17-5)
Status: (Passed) 2011-12-28 - Assigned Pa 0286'11 With Immediate Effect [SB0510 Detail]
Download: Michigan-2011-SB0510-Engrossed.html
SB-0510, As Passed Senate, October 6, 2011
SUBSTITUTE FOR
SENATE BILL NO. 510
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 41409, 41413, and
41415; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41409. (1) Within 240 days after the effective date of
the amendatory act that added this section, the council shall
submit a report with recommendations for legislation or rules to
prevent the introduction and spread of AIS through trade. The
council shall submit the report to the governor, the senate
majority leader, the speaker of the house of representatives, and
the standing committees of the senate and house with primary
responsibility for natural resources, conservation, agriculture,
and commerce. In preparing the report, the council shall review the
AIS laws of this state and other jurisdictions, including the other
Great Lakes states.
(2) In the report under subsection (1), the council shall make
recommendations on all of the following:
(a) The definition of aquatic invasive species. Before making
recommendations under this subdivision, the council shall consider
and address issues related to the domestication and cultivation of
and potential beneficial effects of nonnative species and consider
the "Invasive Species Definition Clarification and Guidance White
Paper" submitted by the definitions subcommittee of the national
invasive species advisory committee (ISAC) and approved by ISAC on
April 27, 2006.
(b) Risk assessment processes to screen aquatic species
proposed for trade and to screen pathways of introduction and
spread. The risk assessment processes shall consider potential net
harm to public health and safety, the environment and natural
resources, and the economy. The processes shall place the burden to
demonstrate the harmlessness of an aquatic species or pathway on
the importer or other person responsible for introduction or
distribution. The risk assessment process for species shall
classify species into 3 lists: "prohibited", "permitted", and
"restricted".
(c) Harmonizing federal and state law so that aquatic species
on federal lists of either prohibited or permitted species of
plants and animals are placed on the appropriate lists of this
state.
(d) Establishing a program for aquatic species in trade to
certify that the organisms are free of disease, insect pests, and
incidental contamination by other species.
(e) An education program on safe-usage practices directed to
both buyers and sellers of aquatic species in trade.
(f) Connecting regulations and education on aquatic species in
trade to the protection of this state's natural resources as a
component of the Pure Michigan tourism advertising campaign.
(g) Financial and other resources for implementing
recommendations under this subsection.
(h) Proposals for collaborating with other Great Lakes states
and Canadian provinces to create or strengthen regional programs or
coordinate state and provincial programs to achieve the goals set
forth in subsection (1).
(3) In preparing the report required by this section, the
council shall consult with representatives of organizations and
businesses that deal with organisms in trade, including the
aquarium, bait, pet, water garden, horticulture, aquaculture, and
shipping trades.
Sec. 41413. To facilitate coordination and minimize
duplication in fulfilling its duties, the council shall do all of
the following:
(a) Consider relevant recommendations and reports by other
state, regional, federal, provincial, Canadian, and international
bodies and collaborations.
(b) Regularly consult with the Great Lakes commission and the
department of environmental quality, including the office of the
Great Lakes.
Sec. 41415. This part is repealed effective 4 years after the
effective date of the amendatory act that added this section.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. 508.
(b) Senate Bill No. 509.
