CLASSIFY AUTUMN OLIVE AS RESTRICTED SPECIES

House Bill 4038

Sponsor:  Rep. Nancy Jenkins

Committee:  Natural Resources

Complete to 4-22-13

A SUMMARY OF HOUSE BILL 4038 AS INTRODUCED 1-22-13

The bill would amend Part 413 (Transgenic and Nonnative Organisms) of the Natural Resources and Environmental Protection Act to establish the autumn olive as a restricted species in the state.  Generally, individuals are prohibited from possessing a live organism that is a prohibited or restricted species, except under certain conditions (see Background Information).

Specifically, the bill would include the following language under the definition of restricted species: the following restricted terrestrial plant species, including a hybrid or genetically engineered variant of the species or a fragment, including a seed or other propagule, of the species or of a hybrid or genetically engineered variant: autumn olive (elaeagnus umbellata).

[According to the Department of Natural Resources "Michigan Natural Features Inventory" (Feb. 2012), autumn olive is an invasive species of shrubbery native to Asia. It was commonly planted for wildlife cover prior to its invasive traits being widely known. Its leaves appear earlier and are retained later than native species, causing desirable native species to be shaded out.  It also has a unique root structure that can cause nitrogen levels in the soil to increase, causing harm to native species more accustomed to low nutrient levels.] 

MCL 324.41301

FISCAL IMPACT:

House Bill 4038 would have no significant fiscal impact on the State of Michigan or local units of government.

BACKGROUND INFORMATION:

Under Part 13 (MCL 324.41303), individuals are generally prohibited from possessing a live organism that is a prohibited or restricted species, except under the following conditions:

o                   If the person intends to present a specimen of the prohibited or restricted species, for identification or similar purposes, to a certified or registered applicator, a public or private higher education institution, or to a governmental entity with responsibility for the environment, natural resources, or agriculture.

o                   The person in possession was presented with the prohibited or restricted species for identification purposes.

o                   The person in possession is doing so in conjunction with an otherwise lawful activity to eradicate or control the prohibited or restricted species.

o                   The possession is pursuant to an education or research permit

Individuals found in possession of a restricted species (except as mentioned above) would be subject to a $5,000 fine.  An individual in possession of a restricted species who knows the possession is unlawful, or an individual who violates a permit condition in a willfully or grossly negligent manner would be subject to a misdemeanor, including up to two years' imprisonment and a fine ranging from $1,000 to $10,000. 

                                                                                           Legislative Analyst:   Jeff Stoutenburg

                                                                                                  Fiscal Analyst:   Viola Bay Wild

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.