SENATE BILL No. 445

 

 

June 20, 2013, Introduced by Senators BOOHER, CASPERSON, HUNE, PAVLOV and KOWALL and referred to the Committee on Natural Resources, Environment and Great Lakes.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 41301 and 41302 (MCL 324.41301 and 324.41302),

 

section 41301 as amended by 2009 PA 51 and section 41302 as added

 

by 2009 PA 52.

 

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.

 

     (c) "Livestock" means animals under husbandry of humans and

 

used to provide food, fiber, or service to humans. Livestock may

 

include, but is not limited to, cattle, sheep, new world camelids,

 

goats, bison, privately owned cervids, ratites, swine, equine

 

species, poultry, aquaculture species, and rabbits. Livestock does

 

not include dogs and cats.

 

     (d) (c) "Prohibited species" , subject to section 41302, 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, 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).

 

     (C) Cylindro (Cylindrospermopsis raciborskii).

 

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

 

     (E) Fanwort (Cabomba caroliniana).

 

     (F) Giant hogweed (Heracleum mantegazzianum).

 

     (G) Giant salvinia (Salvinia molesta, auriculata, biloba, or

 

herzogii).

 

     (H) Hydrilla (Hydrilla verticillata).

 

     (I) Japanese knotweed (Fallopia japonica).

 

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

 

     (K) Starry stonewort (Nitellopsis obtusa).

 

     (L) Water chestnut (Trapa natans).

 

     (M) Yellow floating heart (Nymphoides peltata).

 


     (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) Bighead carp (Hypophthalmichthys nobilis).

 

     (B) Bitterling (Rhodeus sericeus).

 

     (C) Black carp (Mylopharyngodon piceus).

 

     (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).

 

     (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).

 

     (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) Brown garden snail (Helix aspersa).

 

     (B) Carthusian snail (Monacha cartusiana).

 

     (C) Giant African snail (Achatina fulica).

 

     (D) Girdled snail (Hygromia cinctella).

 

     (E) Heath snail (Xerolenta obvia).

 

     (F) Wrinkled dune snail (Candidula intersecta).

 

     (e) (d) "Recombinant nucleic acid techniques" means laboratory

 

techniques through which genetic material is isolated and

 

manipulated in vitro and then inserted into an organism.

 

     (f) (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).

 

     (C) Flowering rush (Butomus umbellatus).

 


     (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 under section 16a of the insect pest and plant disease

 

act, 1931 PA 189, MCL 286.216a, are not a restricted 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).

 

     (g) "Species" includes all subspecies, distinct populations,

 

and organisms that are biologically capable of interbreeding and of

 

producing fertile offspring.

 

     (2) For the purposes of this part:

 

     (a) A person is not considered to possess a live organism

 

simply merely 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.

 

     Sec. 41302. (1) The commission of natural resources may by

 


order add to or delete from the list of prohibited species or

 

restricted species under section 41301 any species other than an

 

insect or plant species. Before issuing an order under this

 

subsection, the commission of natural resources shall consult with

 

the department of agriculture. After the consultation, and at least

 

30 days before the commission of natural resources issues the

 

order, the department of natural resources shall post a copy of the

 

proposed order on the department of natural resources' website and

 

shall submit a copy of the proposed order to all of the following:

 

     (a) The legislature.

 

     (b) The standing committees of the senate and house of

 

representatives with primary responsibility for any of the

 

following:

 

     (i) Agricultural issues.

 

     (ii) Environmental issues.

 

     (iii) Natural resources issues.

 

     (2) The commission of agriculture may by order add to or

 

delete from the list of prohibited species or restricted species

 

under section 41301 any insect or plant species. Before issuing an

 

order under this subsection, the commission of agriculture shall

 

consult with the department of natural resources. After the

 

consultation, and at least 30 days before the commission of

 

agriculture issues the order, the department of agriculture shall

 

post a copy of the proposed order on the department of

 

agriculture's website and shall submit a copy of the proposed order

 

to all of the following:

 

     (a) The legislature.

 


     (b) The standing committees of the senate and house of

 

representatives with primary responsibility for any of the

 

following:

 

     (i) Agricultural issues.

 

     (ii) Environmental issues.

 

     (iii) Natural resources issues.

 

     (3) The commission of natural resources or the commission of

 

agriculture, as applicable, shall list a species as a prohibited

 

species or restricted species if the commission of natural

 

resources or commission of agriculture, respectively, determines

 

the following:

 

     (1) (a) For a The department of agriculture and rural

 

development, after consultation with the department of natural

 

resources, may recommend to the legislature that a plant, insect,

 

or livestock species be added to or deleted from the definition of

 

prohibited species or restricted species. The department of natural

 

resources, after consultation with the department of agriculture

 

and rural development, may recommend to the legislature that a

 

species other than a plant, insect, or livestock species be added

 

to or deleted from the definition of prohibited species or

 

restricted species.

 

     (2) For the purpose of subsection (1), a species shall be

 

recommended for inclusion in the definition of prohibited species ,

 

if all of the following requirements are met:

 

     (a) (i) The organism species is not native to this state.either

 

of the following:

 

     (i) An animal born or hatched and raised in this state under

 


the husbandry of humans.

 

     (ii) Imported into this state in compliance with entry

 

requirements prescribed by the director of the department of

 

agriculture and rural development and maintained in this state for

 

at least 45 days.

 

     (b) (ii) The organism species is not naturalized in this state

 

or, if naturalized, is not widely distributed in this state.

 

     (c) (iii) One or more of the following apply:

 

     (i) (A) The organism species has the potential to harm human

 

health or to severely harm natural, agricultural, or silvicultural

 

resources.

 

     (ii) (B) Effective management or control techniques for the

 

organism species are not available.

 

     (d) (b) For a The species is not under the husbandry or

 

control of humans.

 

     (e) Humans do not depend on the species for survival,

 

maintaining a desirable quality of life, or economic security.

 

     (3) For the purposes of subsection (1), a species shall be

 

recommended for inclusion in the definition of restricted species ,

 

if all of the following requirements are met:

 

     (a) (i) The organism species is not native to this state.either

 

of the following:

 

     (i) An animal born or hatched and raised in this state under

 

the husbandry of humans.

 

     (ii) Imported into this state in compliance with entry

 

requirements prescribed by the director of the department of

 

agriculture and rural development and maintained in this state for

 


at least 45 days.

 

     (b) (ii) The organism species is naturalized and widely

 

distributed in this state.

 

     (c) (iii) One or more of the following apply:

 

     (i) (A) The organism species has the potential to harm human

 

health or to harm natural, agricultural, or silvicultural

 

resources.

 

     (ii) (B) Effective management or control techniques for the

 

organism species are available.

 

     (d) The species is not under the husbandry or control of

 

humans.

 

     (e) Humans do not depend on the species for survival,

 

maintaining a desirable quality of life, or economic security.