Bill Text: MI HB5986 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Natural resources; nonnative species; use of prohibited or restricted species as bait; prohibit. Amends secs. 41301 & 41309 of 1994 PA 451 (MCL 324.41301 & 324.41309).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-11-10 - Referred To Second Reading [HB5986 Detail]
Download: Michigan-2009-HB5986-Introduced.html
HOUSE BILL No. 5986
March 24, 2010, Introduced by Reps. Rick Jones, Warren and Genetski and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 41301 and 41309 (MCL 324.41301 and 324.41309),
section 41301 as amended by 2009 PA 51 and section 41309 as amended
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 do any of the
following in this state at
any specific location where the organism is not already
naturalized:
(i) Stock, place, or plant the organism.
(ii) Release or allow the release of the organism.
(iii) Use the organism as live fishing bait, except at the
specific location at which it was obtained from the environment, if
applicable.
(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).
(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 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. 41309. (1) A person who violates section 41303(2) is
subject to a civil fine of not more than $100.00.
(2) A person who violates section 41303(1), or a condition of
a permit issued under this part, with respect to a restricted
species is subject to a civil fine of not more than $5,000.00. A
person who violates section 41303(1), or a condition of a permit
issued under this part, with respect to a prohibited species is
subject to a civil fine of not more than $10,000.00.
(3) A person who violates section 41303(1) knowing the
possession is unlawful or who willfully or in a grossly negligent
manner violates a condition of a permit issued under this part is
guilty as follows:
(a) For a violation involving a restricted species, the person
is guilty of a misdemeanor and may be imprisoned for not more than
1 year and shall be fined not less than $1,000.00 or more than
$10,000.00.
(b) For a violation involving a prohibited species, the person
is guilty of a felony and may be imprisoned for not more than 2
years and shall be fined not less than $2,000.00 or more than
$20,000.00.
(4) A person who, with intent to damage natural, agricultural,
or silvicultural resources or human health:
(a) Violates section 41303(1) with respect to a restricted
species or possesses a nonnative aquatic plant, bird, crustacean,
fish, insect, mammal, or mollusk is guilty of a felony and may be
imprisoned for not more than 2 years and shall be fined not less
than $1,000.00 or more than $250,000.00.
(b) Violates section 41303(1) with respect to a prohibited
species or possesses a genetically engineered aquatic plant, bird,
crustacean, fish, insect, mammal, or mollusk is guilty of a felony
and may be imprisoned for not more than 4 years and shall be fined
not less than $2,000.00 or more than $500,000.00.
(5) A person who sells or offers to sell a restricted species
is subject to a civil fine of not less than $1,000.00 or more than
$10,000.00. A person who sells or offers to sell a prohibited
species is subject to a civil fine of not less than $2,000.00 or
more than $20,000.00.
(6) A person who violates section 41305 is guilty as follows:
(a) For a violation involving a restricted species or a
nonnative aquatic plant, bird, crustacean, fish, insect, mammal, or
mollusk, the person is guilty of a misdemeanor and may be
imprisoned for not more than 6 months and shall be fined not less
than $500.00 or more than $5,000.00.
(b) For a violation involving a prohibited species or a
genetically engineered aquatic plant, bird, crustacean, fish,
insect, mammal, or mollusk, the person is guilty of a misdemeanor
and may be imprisoned for not more than 1 year and shall be fined
not less than $1,000.00 or more than $10,000.00.
(7) A person who violates section 41305 with respect to a
restricted species or nonnative aquatic plant, bird, crustacean,
fish, insect, mammal, or mollusk and who knows or should know the
identity of the restricted species or that the organism, whether a
restricted species or other aquatic plant, bird, crustacean, fish,
insect, mammal, or mollusk, is nonnative is guilty of a misdemeanor
and may be imprisoned for not more than 1 year and shall be fined
not less than $1,000.00 or more than $10,000.00.
(8) A person who violates section 41305 with respect to a
prohibited species or a genetically engineered aquatic plant, bird,
crustacean, fish, insect, mammal, or mollusk and who knows or
should know the identity of the prohibited species or that the
aquatic plant, bird, crustacean, fish, insect, mammal, or mollusk
is genetically engineered, respectively, is guilty of a felony and
may be imprisoned for not more than 2 years and shall be fined not
less than $2,000.00 or more than $20,000.00.
(9) A person who violates section 41305 knowing the
introduction is unlawful, is guilty as follows:
(a) For a violation involving a restricted species or
nonnative aquatic plant, bird, crustacean, fish, insect, mammal, or
mollusk, the person is guilty of a felony and may be imprisoned for
not more than 2 years and shall be fined not less than $1,000.00 or
more than $250,000.00.
(b) For a violation involving a prohibited species or a
genetically engineered aquatic plant, bird, crustacean, fish,
insect, mammal, or mollusk, the person is guilty of a felony and
may be imprisoned for not more than 4 years and shall be fined not
less than $2,000.00 or more than $500,000.00.
(10) A person who, with intent to damage natural,
agricultural, or silvicultural resources or human health, violates
section 41305 is guilty as follows:
(a) For a violation involving a restricted species or
nonnative aquatic plant, bird, crustacean, fish, insect, mammal, or
mollusk, the person is guilty of a felony and may be imprisoned for
not more than 3 years and shall be fined not less than $1,000.00 or
more than $500,000.00.
(b) For a violation involving a prohibited species or a
genetically engineered aquatic plant, bird, crustacean, fish,
insect, mammal, or mollusk, the person is guilty of a felony and
may be imprisoned for not more than 5 years and shall be fined not
less than $2,000.00 or more than $1,000,000.00.
(11) In addition to any other civil or criminal sanction
imposed under this section, a person who violates this part is
liable for any damages to natural resources resulting from the
violation, including, but not limited to, costs incurred to prevent
or
minimize such those damages.
(12) This part does not apply to activities authorized under
the Michigan aquaculture development act, 1996 PA 199, MCL 286.871
to 286.884.
