NONNATIVE AQUATIC SPECIES SALES REG S.B. 1072 (S-2):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 1072 (Substitute S-2 as reported)
CONTENT
The bill would amend Part 13 (Permits) and Part 413 (Transgenic and Nonnative Organisms) of the Natural Resources and Environmental Protection Act (NREPA) to do the following:
-- Require the relevant commission (the Natural Resources Commission or the Commission of Agriculture and Rural Development) to base its determination of a species's satisfaction of certain requirements for listing as a prohibited species or restricted species on a risk assessment.
-- Require the relevant department (the Department of Natural Resources (DNR) or the Department of Agriculture and Rural Development (MDARD)) to review new listings or delistings within 180 days after the change in Federal listing or designation.
-- Prohibit a person from transporting any watercraft over land without first draining all water from any live wells and bilge, and ensuring that the watercraft was free of aquatic organisms.
-- Prohibit a person from releasing baitfish in Michigan waters or use nonnative baitfish in Michigan waters.
-- Prohibit a person from selling or offering for sale or possessing for the purpose of sale or offering for sale a live, nonnative aquatic species except under a nonnative aquatic species sales registration issued by the DNR.
-- Require a registrant to maintain and report to the DNR electronic records of nonnative aquatic species purchased, including species, number of individuals, and date of purchase or sale.
-- Prescribe civil, criminal, and administrative penalties for a registrant's violation.
-- Allow the DNR or MDARD to have free access at all reasonable hours to a site and to any trade show to inspect and secure samples or specimens.
The bill also would repeal Section 41302a. (Section 41302a requires the DNR and the MDARD each to create a permitted species list for aquatic species for which it is the relevant department. The section also specifies how to perform a risk assessment on an aquatic plant.)
MCL 324.1301 et al. Legislative Analyst: Nathan Leaman
FISCAL IMPACT
To the extent that changes in the bill lead to increased misdemeanor arrests and prosecutions, it could increase resource demands on law enforcement, court systems, and jails. Any increased civil infraction and penal fine revenue would be dedicated to public libraries.
Date Completed: 11-26-18 Fiscal Analyst: Josh Sefton
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.