Bill Text: MI HB4038 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Natural resources; nonnative species; bush autumn olive; include on restricted species list. Amends sec. 41301 of 1994 PA 451 (MCL 324.41301).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-12-10 - Assigned Pa 358'14 With Immediate Effect [HB4038 Detail]
Download: Michigan-2013-HB4038-Engrossed.html
HB-4038, As Passed Senate, December 3, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 4038
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 41301 (MCL 324.41301), as amended by 2009 PA
51.
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) "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).
(F) (G)
Giant salvinia (Salvinia molesta,
auriculata, biloba,
or herzogii).
(G) (H)
Hydrilla (Hydrilla verticillata).
(I)
Japanese knotweed (Fallopia japonica).
(H) (J)
Parrot's feather (Myriophyllum
aquaticum).
(I) (K)
Starry stonewort (Nitellopsis
obtusa).
(J) (L)
Water chestnut (Trapa natans).
(K) (M)
Yellow floating heart (Nymphoides
peltata).
(ii) Any of the following prohibited terrestrial 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) Giant hogweed (Heracleum mantegazzianum).
(B) Japanese knotweed (Fallopia japonica).
(iii) (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).
(iv) (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).
(v) (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).
(vi) (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).
(vii) (vi) The
following prohibited mammal species, including a
hybrid or genetically engineered variant: nutria (Myocastor
coypus).
(viii) (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).
(d) "Recombinant nucleic acid techniques" means laboratory
techniques through which genetic material is isolated and
manipulated in vitro and then inserted into an organism.
(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) The following restricted terrestrial 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: autumn olive
(Elaeagnus umbellata).
(iii) (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.
