Bill Text: MI SB1093 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Natural resources; nonnative species; permitted species list; extend period for development. Amends sec. 41302a of 1994 PA 451 (MCL 324.41302a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-30 - Assigned Pa 0477'16 12/30/16 Addenda [SB1093 Detail]
Download: Michigan-2015-SB1093-Engrossed.html
SB-1093, As Passed House, December 15, 2016
SB-1093, As Passed Senate, December 1, 2016
SENATE BILL No. 1093
September 21, 2016, Introduced by Senator KOWALL and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 41302a (MCL 324.41302a), as added by 2014 PA
537.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
41302a. (1) By 2 years after the effective date of this
section,
April 15, 2019, the department of natural resources and
the department of agriculture and rural development, after
consultation and notice in the same manner as required of the
respective commission under section 41302(1), shall each create a
permitted species list for aquatic species for which it is the
relevant department. Together, these lists compose the permitted
aquatic species list. The initial permitted aquatic species list
shall consist of all of the following:
(a) All species on the list of approved species for
aquaculture under section 5 of the Michigan aquaculture development
act,
1996 PA 199, MCL 286.875, on the effective date of this
section
April 15, 2015 or that are approved under a research permit
under section 8 of the Michigan aquaculture development act, 1996
PA
199, MCL 286.878, on the effective date of this section.April
15, 2015.
(b) All native aquatic species, other than aquatic plants,
that
by the effective date of this section April 15, 2015 were, as
live
organisms, lawfully in commercial trade in this state. Within
1
year after the effective date of this section, By April 15, 2016,
the department of natural resources, in consultation with affected
industries, shall determine which aquatic species qualify under
this subdivision.
(c) All nonnative aquatic species, other than aquatic plants,
that ,
by the effective date of this section, by April 15, 2015
were, as live organisms, lawfully in wide commercial trade in this
state for at least 5 years, if there is no evidence of the species
causing harm to human health or natural, agricultural, or
silvicultural resources in the Great Lakes region. For the purposes
of
this subdivision and subdivision (d), within 1 year after the
effective
date of this section, by
April 15, 2016, the department
of natural resources, in consultation with affected industries,
shall
determine which aquatic species , other than aquatic plants,
were,
as live organisms, in commercial trade in this state by the
effective
date of this section and whether each of those species
had,
as live organisms, been in wide commercial trade in this state
for
at least 5 years.qualify
under this subdivision.
(d) All nonnative aquatic species, other than aquatic plants,
that ,
by the effective date of this section, by April 15, 2015
were, as live organisms, lawfully in commercial trade in this
state, that do not meet the requirements of subdivision (c), but
that are approved by the department of natural resources based on a
risk
assessment under subsection (2). Within 2 years after the
effective
date of this section, By
April 15, 2019, the department
of natural resources shall perform the risk assessment and approve
or disapprove the assessed species for listing as permitted aquatic
species.
(e)
All aquatic plants, native or nonnative, that , by the
effective
date of this section, by
April 15, 2015 were, as live
organisms,
lawfully in commercial trade in this state. Within 1
year
after the effective date of this section, By April 15, 2016,
the department of agriculture and rural development, in
consultation with affected industries including the horticulture
industry, shall determine which aquatic plants qualify under this
subdivision.
(2) To perform a risk assessment on an aquatic species other
than an aquatic plant, the department of natural resources shall
use the risk assessment aquatic protocol developed by the United
States
fish and wildlife service, Fish
and Wildlife Service,
aquatic fisheries and resources program. The natural resources
commission shall periodically review and may modify or replace the
assessment protocol by order consistent with the purposes of this
part.
(3) To perform a risk assessment on an aquatic plant, the
department of agriculture and rural development shall use the plant
protection and quarantine (PPQ) weed risk assessment protocol
developed
by the United States department of agriculture's plant
protection
and quarantine, plant epidemiology, and risk analysis
laboratory,
Department of Agriculture's
Plant Protection and
Quarantine, Plant Epidemiology, and Risk Analysis Laboratory,
Raleigh, North Carolina. Each aquatic plant cultivar, variety, or
hybrid shall be assessed separately. The commission of agriculture
and rural development shall periodically review and may modify or
replace the assessment protocol by order consistent with the
purposes of this part.
(4) If an aquatic species that was not previously a prohibited
or restricted species under this part does not pass the risk
assessment for permitted species under this section and is reviewed
under section 41302(4)(e) and placed on the prohibited species list
or restricted species list, any person involved in the
commercialization or sale of an aquatic species that possesses live
organisms of that prohibited or restricted species shall be
compensated at fair market value by this state for the loss of that
species product in the person's possession in this state when the
species was placed on the prohibited species list or restricted
species list.
(5)
Aquatic species that on the effective date of this section
April 15, 2015 are, as live organisms, not in commercial trade in
this state or are unknown to or unanticipated by the relevant
department may be added to the permitted species list upon
evaluation using the risk assessment procedure described under
subsection (2) or (3), as applicable. After the creation of the
initial permitted species list, any person involved in the
commercialization or sale of aquatic species may petition the
relevant department to review and add a new aquatic species to the
permitted species list for future commercialization and sale in
this state. The petitioner has the burden of demonstrating that the
species passes the risk assessment under subsection (2) or (3), as
applicable. The petitioner shall provide information that is
requested by the relevant department to perform the risk
assessment. Any prior background materials generated as a result of
a federal agency review and identified by the petitioner shall be
considered by the department. The petitioner shall pay a reasonable
fee that does not exceed the administrative costs for the relevant
department to review the petitioned species. The relevant
department may, but is not required to, review on its own
initiative an aquatic species for placement on the permitted
species list.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
