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SB-0212, As Passed Senate, June 30, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 212

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 41303 (MCL 324.41303), as added by 2003 PA 270.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 41303. (1) ~~A person shall not possess or release a live~~

~~prohibited species.~~ Subject to subsection (2), a person shall not

knowingly possess a live organism if the organism is a prohibited

species or restricted species, except under 1 or more of the

following circumstances:

(a) The person intends to present a specimen of the prohibited

species or restricted species, for identification or similar

purposes, to a person who is a certified applicator or registered

applicator under part 83, to a public or private institution of

higher education, or to the department or any other state, local,

or federal agency with responsibility for the environment or

natural resources.

(b) The person has been presented with a specimen of a

prohibited species or restricted species for identification or

similar purposes under subdivision (a).

species in conjunction with otherwise lawful activity to eradicate

or control the prohibited species or restricted species.

(d) If the prohibited species or restricted species is not an

insect species, the possession is pursuant to a permit issued for

education or research purposes by the department under section

41306. If the prohibited species or restricted species is an insect

species, the possession is pursuant to a permit issued for

education or research purposes by the department of agriculture

under section 41306 or by the United States department of

agriculture.

(2) A person described in subsection (1)(b) or (c) shall

notify the department, the department of agriculture, or the

department of environmental quality if the prohibited species or

restricted species was found at a location where it was not

previously known to be present.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

(a) Senate Bill No. 211.

(b) Senate Bill No. 213.