February 19, 2009, Introduced by Senators VAN WOERKOM, BIRKHOLZ, WHITMER, PAPPAGEORGE, JANSEN and HARDIMAN and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 41301 (MCL 324.41301), as amended by 2005 PA
77.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41301. (1) As used in this part:
(a) "Council" means the invasive species advisory council
created in section 41321.
(b) "Department" means the department of natural resources.
(c) "Genetically engineered" refers to an organism whose
genome, chromosomal or extrachromosomal, is modified permanently
and heritably, using recombinant nucleic acid techniques, or the
progeny
thereof of such an
organism.
(d) "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.
(e)
"Prohibited aquatic plant species" means any of the
following
or fragments or seeds thereof species"
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 or seed of the species or of a hybrid or genetically
engineered variant:
(A) (i) African
oxygen weed (Lagarosiphon major). or a hybrid
or
genetically engineered variant thereof.
(B) (ii) Brazilian
elodea (Egeria densa). or a hybrid or
genetically
engineered variant thereof.
(C) (iii) European
frogbit (Hydrocharis morsus-ranae). or a
hybrid
or genetically engineered variant thereof.
(D) (iv) Giant
hogweed (Heracleum mantegazzianum). or a hybrid
or
genetically engineered variant thereof.
(E) (v) Giant
salvinia (Salvinia molesta, auriculata, biloba,
or
herzogii). or a hybrid or genetically engineered variant
thereof.
(F) (vi) Hydrilla
(Hydrilla verticillata). or a hybrid or
genetically
engineered variant thereof.
(G) (vii) Japanese
knotweed (Fallopia japonica). or a hybrid or
genetically
engineered variant thereof.
(H) (viii) Parrot's
feather (Myriophyllum aquaticum). or a
hybrid
or genetically engineered variant thereof.
(I) (ix) Water
chestnut (Trapa natans). or a hybrid or
genetically
engineered variant thereof.
(x) Yellow flag iris (Iris pseudacorus) or a hybrid or
genetically
engineered variant thereof.
(J) (xi) Yellow
floating heart (Nymphoides peltata). or a
hybrid
or genetically engineered variant thereof.
(f)
"Prohibited fish species" means any of the following or
the
eggs thereof:
(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) (i) Bighead
carp (Hypophthalmichthys nobilis). or a hybrid
or
genetically engineered variant thereof.
(B) (ii) Bitterling
(Rhodeus sericeus). or a hybrid or
genetically
engineered variant thereof.
(C) (iii) Black
carp (Mylopharyngodon piceus). or a hybrid or
genetically
engineered variant thereof.
(D) Eurasian ruffe (Gymnocephalus cernuus).
(E) (iv) Grass
carp (Ctenopharyngodon idellus). or a hybrid or
genetically
engineered variant thereof.
(F) (v) Ide
(Leuciscus idus). or a hybrid or genetically
engineered
variant thereof.
(G) (vi) Japanese
weatherfish (Misgurnus anguillicaudatus). or
a
hybrid or genetically engineered variant thereof.
(H) Round goby (Neogobius melanostomus).
(I) (vii) Rudd
(Scardinius erythrophthalamus). or a hybrid or
genetically
engineered variant thereof.
(J) (viii) Silver
carp (Hypophthalmichthys molitrix). or a
hybrid
or genetically engineered variant thereof.
(K) (ix) A fish
of the snakehead family (family Channidae). or
a
genetically engineered variant thereof.
(L) (x) Tench
(Tinca tinca). or a hybrid or genetically
engineered
variant thereof.
(g)
"Prohibited insect species" means any of the following or
the
eggs thereof:
(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) (i) Asian
longhorned beetle (Anoplophora glabripennis). or
a
hybrid or genetically engineered variant thereof.
(B) (ii) Emerald
ash borer (Agrilus planipennis). or a hybrid
or
genetically engineered variant thereof.
(h)
"Prohibited species" means any of the following:
(i) A prohibited aquatic plant species.
(ii) A prohibited fish species.
(iii) A prohibited insect species.
(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) Giant African snail (Achatina fulica).
(B) Giant pond snail (Helix aspersa).
(f) (i)
"Recombinant nucleic acid
techniques" means laboratory
techniques through which genetic material is isolated and
manipulated in vitro and then inserted into an organism.
(g) (j)
"Restricted aquatic plant
species" means any of the
following
or fragments or seeds thereof species"
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 or seed of the species or of a hybrid or genetically
engineered variant:
(A) (i) Curly
leaf pondweed (Potamogeton crispus). or a hybrid
or
genetically engineered variant thereof.
(B) (ii) Eurasian
watermilfoil (Myriophyllum spicatum). or a
hybrid
or genetically engineered variant thereof.
(C) (iii) Flowering
rush (Butomus umbellatus). or a hybrid or
genetically
engineered variant thereof.
(D) (iv) Phragmites
or common reed (Phragmites australis). or a
hybrid
or genetically engineered variant thereof.
(E) (v) Purple
loosestrife (Lythrum salicaria), or a hybrid or
genetically
engineered variant thereof, except for
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.
(k)
"Restricted species" means a restricted aquatic plant
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.