September 7, 2011, Introduced by Rep. Somerville and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 36503 and 52901 (MCL 324.36503 and
324.52901), section 36503 as added by 1995 PA 59 and section
52901 as added by 1995 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 36503. (1) The department shall conduct investigations
2 on fish, plants, and wildlife in order to develop information
3 relating to population, distribution, habitat needs, limiting
4 factors, and other biological and ecological data to determine
5 management measures necessary for their continued ability to
6 sustain themselves successfully. On the basis of these
7 determinations and other available scientific and commercial
8 data, which may include consultation with scientists and others
9 who may have specialized knowledge, learning, or experience, the
1 department shall promulgate a rule listing those species of fish,
2 plants, and wildlife that are determined to be endangered or
3 threatened within the this
state, pursuant to the administrative
4 procedures act of 1969, Act No. 306 of the Public Acts of 1969,
5 being sections 24.201 to 24.328 of the Michigan Compiled
6 Laws.1969 PA 306, MCL
24.201 to 24.328.
7 (2) The department shall conduct a review of the
state list
8 of endangered and threatened species within not more than 2
years
9 after its effective date and every 2 years thereafter , and,
by
10 rule, may amend the list by appropriate additions or deletions.
11 pursuant to Act No. 306 of the Public Acts of 1969.
12 (3) For the purposes of this act, American lotus (Nelumbo
13 lutea) is not considered to be an endangered or threatened
14 species.
15 Sec. 52901. (1) A person shall not cut, remove, or transport
16 , a plant without having in possession a bill of sale from the
17 owner or other evidence of title on a form prescribed by and
18 available from the department or the department of agriculture
19 and rural development or the federal agency that has
20 jurisdiction. , any of the following:
21 (2) A person who cuts, removes, or transports a plant shall
22 produce a bill of sale or other evidence of ownership of the
23 plant upon demand of a law enforcement officer.
24 (3) As used in this part, "plant" means any of the following
25 or any part of any of the following:
26
(a) Christmas trees.A
Christmas tree.
1
(b) Evergreen boughs.An
evergreen bough.
2
(c) Any other trees, shrubs, or vines.tree, shrub, or vine.
3 (d) Trailing arbutus............ Epigaea repens.
4 (e) Bird's foot violet.......... Viola pedata.
5 (f) Climbing bittersweet........ Celastrus scandens.
6 (g) Club mosses................. Lycopodiaceae.
7 (h) Flowering dogwood........... Cornus florida.
8
(i) All Michigan holly........ Ilex sp. and nemopanthus Nemopanthus sp.
9 (j) North American lotus........ Nelumbo sp.
10
(j)(k)
Pipsissewa.................. Chimaphila umbellata.
11
(k)(l) All
native Native orchids........... Orchidaceae.
12
(l)(m) Trilliums................... Trillium sp.
13
(m)(n)
Gentians.................... Eustoma Gentiana sp., Gentianella sp., and Gentianopsis.
14 (o) Parts of any plant listed in this subsection.
15 (2) As used in this part, "plant" means a tree, bough,
16 shrub, vine, or other native plant, or a part of a tree, bough,
17 shrub, vine, or other native plant, listed in subsection (1).
18 (3) A person shall produce a bill of sale for a plant listed
19 in subsection (1) or other evidence of title upon demand of a law
20 enforcement officer.