HB-4038, As Passed House, May 23, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4038

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 41301 (MCL 324.41301), as amended by 2009 PA

51.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 41301. (1) As used in this part:

(a) "Genetically engineered" refers to an organism whose

genome, chromosomal or extrachromosomal, is modified permanently

and heritably, using recombinant nucleic acid techniques, or the

progeny of such an organism.

(b) "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.

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, including a seed or other propagule, of the species

or of a hybrid or genetically engineered variant:

(A) African oxygen weed (Lagarosiphon major).

(B) Brazilian elodea (Egeria densa).

(D) European frogbit (Hydrocharis morsus-ranae).

(E) Fanwort (Cabomba caroliniana).

~~(F) Giant hogweed (Heracleum mantegazzianum).~~

(F) ~~(G)~~ Giant salvinia (Salvinia molesta, auriculata, biloba,

or herzogii).

(G) ~~(H)~~ Hydrilla (Hydrilla verticillata).

~~(I) Japanese knotweed (Fallopia japonica).~~

(H) ~~(J)~~ Parrot's feather (Myriophyllum aquaticum).

(I) ~~(K)~~ Starry stonewort (Nitellopsis obtusa).

(J) ~~(L)~~ Water chestnut (Trapa natans).

(K) ~~(M)~~ Yellow floating heart (Nymphoides peltata).

(ii) Any of the following prohibited 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:

(A) Giant hogweed (Heracleum mantegazzianum).

(B) Japanese knotweed (Fallopia japonica).

(iii) (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).

(iv) (~~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).

(v) (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) Bighead carp (Hypophthalmichthys nobilis).

(B) Bitterling (Rhodeus sericeus).

(D) Eurasian ruffe (Gymnocephalus cernuus).

(E) Grass carp (Ctenopharyngodon idellus).

(F) Ide (Leuciscus idus).

(G) Japanese weatherfish (Misgurnus anguillicaudatus).

(H) Round goby (Neogobius melanostomus).

(I) Rudd (Scardinius erythrophthalamus).

(J) Silver carp (Hypophthalmichthys molitrix).

(K) A fish of the snakehead family (family Channidae).

(L) Tench (Tinca tinca).

(M) Tubenose goby (Proterorhinus marmoratus).

(vi) (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) Asian longhorned beetle (Anoplophora glabripennis).

(B) Emerald ash borer (Agrilus planipennis).

(vii) (vi) The following prohibited mammal species, including a

hybrid or genetically engineered variant: nutria (Myocastor

coypus).

(viii) (~~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) Brown garden snail (Helix aspersa).

(B) Carthusian snail (Monacha cartusiana).

(D) Girdled snail (Hygromia cinctella).

(E) Heath snail (Xerolenta obvia).

(F) Wrinkled dune snail (Candidula intersecta).

(d) "Recombinant nucleic acid techniques" means laboratory

techniques through which genetic material is isolated and

manipulated in vitro and then inserted into an organism.

(e) "Restricted species", subject to section 41302, 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, including a seed or other propagule, of the species

or of a hybrid or genetically engineered variant:

(A) Curly leaf pondweed (Potamogeton crispus).

(B) Eurasian watermilfoil (Myriophyllum spicatum).

(D) Phragmites or common reed (Phragmites australis).

(E) Purple loosestrife (Lythrum salicaria), except that

cultivars of purple loosestrife developed and recognized to be

sterile and approved by the director of the department of

agriculture and rural development under section 16a of the insect

pest and plant disease act, 1931 PA 189, MCL 286.216a, are not a

restricted species.

(ii) 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).

(iii) (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.