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HB-4716, As Passed Senate, June 29, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4716

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 41309 (MCL 324.41309), as added by 2003 PA 270.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 41309. (1) A person who violates section ~~41303 or who~~

~~knowingly violates section 41305 or a permit issued under section~~

~~41305 is guilty of a felony punishable by imprisonment for not more~~

~~than 5 years or a fine of not more than $250,000.00, or both. In~~

~~addition, the person~~ 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:

(a) Violates section 41303(1) with respect to a restricted

species or possesses a nonnative fish or aquatic plant 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 fish or aquatic plant

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 fish or aquatic plant, 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 fish or aquatic plant, 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 fish or aquatic plant and who knows

or should know the identity of the restricted species or that the

organism, whether a restricted species or other fish or aquatic

plant, 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 fish or aquatic

plant and who knows or should know the identity of the prohibited

species or that the fish or aquatic plant 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 fish or aquatic plant, 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 fish or aquatic plant, 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, violates section 41305 is

guilty as follows:

(a) For a violation involving a restricted species or

nonnative fish or aquatic plant, 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 fish or aquatic plant, 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) Subsections (3), (4), and (9) do not apply before

November 1, 2005 to violations involving species other than fish.

Subsections (6), (7), (8), and (10) do not apply before November 1,

2005.

(12) 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 damages.

(13) This part does not apply to activities authorized under

the Michigan aquaculture development act, 1996 PA 199, MCL 286.871

to 286.884.

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 or House Bill No. 4710.

(b) Senate Bill No. 212 or House Bill No. 4711.

(d) Senate Bill No. 215 or House Bill No. 4713.

(e) Senate Bill No. 216 or House Bill No. 4714.

(f) Senate Bill No. 217 or House Bill No. 4715.