NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
***** 324.48703a THIS SECTION IS AMENDED EFFECTIVE JULY 13, 2015: See 324.48703a.amended *****
324.48703a Legislative findings and declarations; aquatic invasive species; taking of fish; regulation by commission; issuance of orders; providing copy of order to legislature; appropriation.
(1) The legislature finds and declares that aquatic invasive species, including Asian carp, represent a significant threat to the state's fisheries, aquatic resources, outdoor recreation and tourism economies, and public safety.
(2) The natural resources commission has the exclusive authority to regulate the taking of fish in this state. The natural resources commission shall, to the greatest extent practicable, utilize principles of sound scientific management in making decisions regarding the taking of fish. The natural resources commission may take testimony from department personnel, independent experts, and others, and review scientific literature and data, among other sources, in support of its duty to use principles of sound scientific management. The natural resources commission shall issue orders regarding the taking of fish following a public meeting and an opportunity for public input. Not less than 30 days before issuing an order, the natural resources commission shall provide a copy of the order to each of the following:
(a) Each member of each standing committee of the senate or house of representatives that considers legislation pertaining to conservation, the environment, natural resources, recreation, tourism, or agriculture.
(b) The chairperson of the senate appropriations committee and the chairperson of the house of representatives appropriations committee.
(c) The members of the subcommittee of the senate appropriations committee and the subcommittee of the house of representatives appropriations committee that consider the budget of the department of natural resources.
(d) For the fiscal year ending September 30, 2015, there is appropriated for the department the sum of $1,000,000.00 to implement management practices necessary for rapid response, prevention, control and/or elimination of aquatic invasive species, including Asian carp. Any portion of the amount under this section that is not expended in the fiscal year ending September 30, 2015 shall not lapse to the general fund but shall be carried forward in a work project account that is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
History: Add. 2013, Act 21, Imd. Eff. May 8, 2013
Am. 2014, Act 281, Eff. Mar. 31, 2015
Compiler's Notes: Enacting section 1 of Act 281 of 2014 provides:"Enacting section 1. This act reenacts all or portions of 2012 PA 520, 2013 PA 21, 2013 PA 22 and 2013 PA 108. If any portions of 2012 PA 520 or 2013 PA 21 or 2013 PA 22 or 2013 PA 108 not amended by this act are invalidated pursuant to referendum or any other reason, then any such invalidated portions of 2012 PA 520, 2013 PA 21, 2013 PA 22 and 2013 PA 108 which are otherwise included in this act, shall be deemed to be reenacted pursuant to this act."Enacting section 2 of Act 281 of 2014 provides:"Enacting section 2. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act."Public Act 281 of 2014 was proposed by initiative petition pursuant to Const 1963, art II, § 9. The initiative petition was approved by an affirmative vote of the majority of the Senate on August 13, 2014 and by the House of Representatives on August 27, 2014. The initiative petition was filed with the Secretary of State on August 27, 2014.
Popular Name: Act 451
Popular Name: NREPA
© 2009 Legislative Council, State of Michigan