March 26, 2014, Introduced by Reps. MacMaster, Graves, Daley, Franz, McBroom, Somerville, Kelly and Genetski and referred to the Committee on Agriculture.
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) "Aquaculture species" means a species on the approved list
of aquaculture species under section 5 of the Michigan aquaculture
development act, 1996 PA 199, MCL 286.875, or a species not on the
approved list that is the subject of research conducted under an
aquaculture research permit in a confinement research facility, as
described in section 8 of the Michigan aquaculture development act,
1996 PA 199, MCL 286.878.
(b) "Domestic animal" means those species of animals that live
under the husbandry of humans.
(c) "Farm product" means that term as it is defined in section
2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(d) "Feral or wild swine" means swine that have lived their
life or any part of their life as free roaming or not under the
husbandry of humans.
(e) (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.
(f) (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.
(g) "Livestock" means those species of domestic animals used
for human food or fiber or those species of domestic animals used
for service to humans. Livestock includes, but is not limited to,
cattle, sheep, new world camelids, goats, bison, privately owned
cervids, ratites, native swine, equines, poultry, aquaculture
species, and rabbits. Livestock does not include dogs or cats or
feral or wild swine.
(h) "Native swine" means swine born and raised in this state
or legally imported into this state.
(i) "Swine" means any of the ungulate mammals of the family
suidae.
(j) (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).
(k) (d)
"Recombinant nucleic acid
techniques" means laboratory
techniques through which genetic material is isolated and
manipulated in vitro and then inserted into an organism.
(l) (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 and rural development 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).
(2) For the purposes of this part:
(a) A person is not considered to possess a live organism
simply 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 commission
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. insects,
plants, livestock, or farm
products. Before issuing an order under this subsection, the
commission
of natural resources commission shall consult with the
department of agriculture and rural development. After the
consultation,
and at least 30 days before the commission of natural
resources commission 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 and rural development 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 and rural development shall consult with the department
of natural resources. After the consultation, and at least 30 days
before the commission of agriculture and rural development issues
the order, the department of agriculture and rural development
shall post a copy of the proposed order on the department of
agriculture's
agriculture and rural development'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 commission or the
commission of agriculture and rural development, as applicable,
shall list a species as a prohibited species or restricted species
if
the commission of natural resources commission or commission of
agriculture and rural development, respectively, determines the
following:
(a) For a prohibited species, all of the following
requirements are met:
(i) The organism is not native to this state.
(ii) The organism is not naturalized in this state or, if
naturalized, is not widely distributed in this state.
(iii) One or more of the following apply:
(A) The organism has the potential to harm human health or to
severely harm natural, agricultural, or silvicultural resources.
(B) Effective management or control techniques for the
organism are not available.
(b) For a restricted species, all of the following
requirements are met:
(i) The organism is not native to this state.
(ii) The organism is naturalized and widely distributed in this
state.
(iii) One or more of the following apply:
(A) The organism has the potential to harm human health or to
harm natural, agricultural, or silvicultural resources.
(B) Effective management or control techniques for the
organism are available.