June 12, 2018, Introduced by Senator KOWALL and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1301, 41301, 41302, 41303, 41306, and 41325
(MCL 324.1301, 324.41301, 324.41302, 324.41303, 324.41306, and
324.41325), section 1301 as amended by 2018 PA 36, sections 41301,
41302, 41303, and 41306 as amended by 2014 PA 537, and section
41325 as added by 2009 PA 91, and by adding sections 41329, 41331,
41333, 41335, 41337, and 41341; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1301. As used in this part:
(a) "Application period" means the period beginning when an
application for a permit is received by the state and ending when
the application is considered to be administratively complete under
section 1305 and any applicable fee has been paid.
(b) "Department" means the department, agency, or officer
authorized by this act to approve or deny an application for a
particular permit.
(c) "Director" means the director of the state department
authorized under this act to approve or deny an application for a
particular permit or the director's designee.
(d)
"Permit" means a permit, or operating license, or
registration required by any of the following sections or by rules
promulgated thereunder, or, in the case of section 9112, by an
ordinance adopted thereunder:
(i) Section 3104, floodplain alteration permit.
(ii) Section 3503, permit for use of water in mining iron ore.
(iii) Section 4105, sewerage system construction permit.
(iv) Section 6516, vehicle testing license.
(v) Section 6521, motor vehicle fleet testing permit.
(vi) Section 8310, restricted use pesticide dealer license.
(vii) Section 8310a, agricultural pesticide dealer license.
(viii) Section 8504, license to manufacture or distribute
fertilizer.
(ix) Section 9112, local soil erosion and sedimentation
control permit.
(x) Section 11509, solid waste disposal area construction
permit.
(xi) Section 11512, solid waste disposal area operating
license.
(xii) Section 11542, municipal solid waste incinerator ash
landfill operating license amendment.
(xiii) Section 11702, septage waste servicing license or
septage waste vehicle license.
(xiv) Section 11709, septage waste site permit.
(xv) Section 30104, inland lakes and streams project permit.
(xvi) Section 30304, state permit for dredging, filling, or
other activity in wetland. Permit includes an authorization for a
specific project to proceed under a general permit issued under
section 30312.
(xvii) Section 31509, dam construction, repair, or removal
permit.
(xviii) Section 32312, flood risk, high risk, or environmental
area permit.
(xix) Section 32512, permit for dredging and filling
bottomland.
(xx) Section 32603, permit for submerged log removal from
Great Lakes bottomlands.
(xxi) Section 35304, department permit for critical dune area
use.
(xxii) Section 36505, endangered species permit.
(xxiii) Section 41329, nonnative aquatic species sales
registration.
(xxiv) (xxiii) Section
41702, game bird hunting preserve
license.
(xxv) (xxiv) Section
42101, dog training area permit.
(xxvi) (xxv) Section
42501, fur dealer's license.
(xxvii) (xxvi) Section
42702, game dealer's license.
(xxviii) (xxvii) Section
44513, charter boat operating permit
under reciprocal agreement.
(xxix) (xxviii) Section
44516, boat livery operating permit.
(xxx) (xxix) Section
45902, game fish propagation license.
(xxxi) (xxx) Section
45906, game fish import license.
(xxxii) (xxxi) Section
48705, permit to take amphibians and
reptiles for scientific or educational use.
(xxxiii) (xxxii) Section
61525, oil or gas well drilling
permit.
(xxxiv) (xxxiii) Section
62509, brine, storage, or waste
disposal well drilling or conversion permit or test well drilling
permit.
(xxxv) (xxxiv) Section
63103a, ferrous mineral mining permit.
(xxxvi) (xxxv) Section
63514 or 63525, surface coal mining and
reclamation permit or revision of the permit, respectively.
(xxxvii) (xxxvi) Section
63704, sand dune mining permit.
(xxxviii) (xxxvii) Section
72108, use permits for a Pure
Michigan Trail.
(xxxix) (xxxviii) Section
76109, sunken aircraft or watercraft
abandoned property recovery permit.
(xxxx) (xxxix) Section
76504, Mackinac Island motor vehicle
and land use permits.
(xxxxi) (xxxx) Section
80159, buoy or beacon permit.
(e) "Processing deadline" means the last day of the processing
period.
(f) "Processing period" means the following time period after
the close of the application period, for the following permit, as
applicable:
(i) Twenty days for a permit under section 61525 or 62509.
(ii) Thirty days for a permit under section 9112 or 44516.
(iii) Thirty days after the department consults with the
underwater salvage and preserve committee created under section
76103, for a permit under section 76109.
(iv) Sixty days, for a permit under section 30104 for a minor
project established under section 30105(7) or 32512a(1), or an
authorization for a specific project to proceed under a general
permit issued under section 30105(8) or 32512a(2), or for a permit
under section 32312.
(v) Sixty days or, if a hearing is held, 90 days for a permit
under section 35304.
(vi) Sixty days or, if a hearing is held, 120 days for a
permit under section 30104, other than a permit or authorization
described in subparagraph (ii) or (iv), or for a permit under
section 31509.
(vii) Ninety days for a permit under section 11512, a revision
of a surface coal mining and reclamation permit under section
63525, or a permit under section 72108.
(viii) Ninety days or, if a hearing is held, 150 days for a
permit under section 3104 or 30304, or a permit under section 32512
other than a permit described in subparagraph (iv).
(ix) Ninety days after the close of the review or comment
period under section 32604, or if a public hearing is held, 90 days
after the date of the public hearing for a permit under section
32603.
(x) One hundred twenty days for a permit under section 11509,
11542, 63103a, 63514, or 63704.
(xi) One hundred fifty days for a permit under section 36505.
However, if a site inspection or federal approval is required, the
150-day period is tolled pending completion of the inspection or
receipt of the federal approval.
(xii) For any other permit, 150 days or, if a hearing is held,
90 days after the hearing, whichever is later.
Sec. 41301. (1) As used in this part:
(a) "Amphibian" means any frog, toad, or salamander of the
class Amphibia.
(b)
"Aquatic", except as used in subdivision (p), (q),
describes an amphibian, crustacean, fish, mollusk, reptile,
wiggler, or aquatic plant.
(c) "Aquatic plant" means a submergent, emergent, or floating-
leaf plant or a fragment thereof, including a seed or other
propagule. Aquatic plant does not include wild rice (Zizania
aquatica).
(d) (c)
"Crustacean" means
freshwater crayfish, shrimp, or
prawn of the order Decapoda.
(e) (d)
"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.
(f) (e)
"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.
(g) (f)
"Mollusk" means any
mollusk of the classes Bivalvia
and Gastropoda.
(h) (g)
"Native" means indigenous
to any location in this
state.
(i) (h)
"Nonaquatic" describes a
bird, insect other than a
wiggler, or mammal.
(j) (i)
"Nonnative" means not
native.
(j)
"Permitted aquatic species" means a species listed as
provided
in section 41302a.
(k) "Prohibited species", subject to section 41302, means any
of the following:
(i) Any of the following prohibited species of 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).(Lagarosiphon
major).
(B)
Brazilian elodea (Egeria densa).(Egeria
densa).
(C)
Cylindro (Cylindrospermopsis
raciborskii).(Cylindrospermopsis raciborskii).
(D)
European frogbit (Hydrocharis morsus-ranae).(Hydrocharis
morsus-ranae).
(E)
Fanwort (Cabomba caroliniana).(Cabomba
caroliniana).
(F)
Giant salvinia (Salvinia molesta, auriculata, biloba, or
herzogii).(Salvinia molesta, auriculata, biloba, or herzogii).
(G)
Hydrilla (Hydrilla verticillata).(Hydrilla verticillata).
(H)
Parrot's feather (Myriophyllum aquaticum).(Myriophyllum
aquaticum).
(I)
Starry stonewort (Nitellopsis obtusa).(Nitellopsis
obtusa).
(J)
Water chestnut (Trapa natans).(Trapa
natans).
(K)
Yellow floating heart (Nymphoides peltata).(Nymphoides
peltata).
(ii) Any of the following prohibited species of 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).(Heracleum
mantegazzianum).
(B)
Japanese knotweed (Fallopia japonica).(Fallopia japonica).
(iii) 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).(Streptopelia
decaocto).
(iv) 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).(Orconectes
rusticus).
(v) 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).(Hypophthalmichthys nobilis).
(B)
Bitterling (Rhodeus sericeus).(Rhodeus
sericeus).
(C)
Black carp (Mylopharyngodon piceus).(Mylopharyngodon
piceus).
(D)
Eurasian ruffe (Gymnocephalus cernuus).(Gymnocephalus
cernuus).
(E)
Grass carp (Ctenopharyngodon idellus).(Ctenopharyngodon
idellus).
(F)
Ide (Leuciscus idus).(Leuciscus
idus).
(G)
Japanese weatherfish (Misgurnus
anguillicaudatus).(Misgurnus anguillicaudatus).
(H)
Round goby (Neogobius melanostomus).(Neogobius
melanostomus).
(I)
Rudd (Scardinius erythrophthalamus).(Scardinius
erythrophthalmus).
(J)
Silver carp (Hypophthalmichthys
molitrix).(Hypophthalmichthys molitrix).
(K)
A fish of the snakehead family (family Channidae).(family
Channidae).
(L)
Tench (Tinca tinca).(Tinca
tinca).
(M)
Tubenose goby (Proterorhinus marmoratus).(Proterorhinus
marmoratus).
(vi) 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).(Anoplophora glabripennis).
(B)
Emerald ash borer (Agrilus planipennis).(Agrilus
planipennis).
(vii) The following prohibited mammal species, including a
hybrid
or genetically engineered variant: nutria (Myocastor
coypus).(Myocastor coypus).
(viii) 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).(Helix aspersa).
(B)
Carthusian snail (Monacha cartusiana).(Monacha
cartusiana).
(C)
Giant African snail (Achatina fulica).(Achatina fulica).
(D)
Girdled snail (Hygromia cinctella).(Hygromia cinctella).
(E)
Heath snail (Xerolenta obvia).(Xerolenta
obvia).
(F)
Wrinkled dune snail (Candidula intersecta).(Candidula
intersecta).
(l) "Recombinant nucleic acid techniques" means laboratory
techniques through which genetic material is isolated and
manipulated in vitro and then inserted into an organism.
(m) "Relevant commission", "relevant department", or "relevant
director" means the following:
(i) With respect to a species other than a plant or an
insect,
except
but including a wiggler, the natural resources commission,
department of natural resources, or the director of the department
of natural resources, respectively.
(ii) With respect to a plant species or an insect
species,
other than a wiggler, the commission of agriculture and rural
development, the department of agriculture and rural development,
or the director of the department of agriculture and rural
development, respectively.
(n) "Reptile" means any turtle, snake, or lizard of the class
Reptilia.
(o) "Restricted species", subject to section 41302, means any
of the following:
(i) Any of the following restricted species of 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).(Potamogeton
crispus).
(B)
Eurasian watermilfoil (Myriophyllum
spicatum).(Myriophyllum spicatum).
(C)
Flowering rush (Butomus umbellatus).(Butomus umbellatus).
(D)
Phragmites or common reed (Phragmites
australis).(Phragmites australis).
(E)
Purple loosestrife (Lythrum salicaria), (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 species of 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).(Elaeagnus
umbellata).
(iii) 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).(Dreissena bugensis).
(B)
Zebra mussel (Dreissena polymorpha).(Dreissena
polymorpha).
(p) "Watercraft" means any contrivance used or designed for
navigation on water, including, but not limited to, any vessel,
ship, boat, motor vessel, steam vessel, vessel operated by
machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat.
(q) (p)
"Wiggler" means an
aquatic egg, nymph, or larva of an
insect.
(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.
(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 relevant commission may by order add to or
delete a species from the list of prohibited species or restricted
species under section 41301. Before the natural resources
commission issues an order under this subsection, it shall consult
with the department of agriculture and rural development. Before
the commission of agriculture and rural development issues an order
under this subsection, it shall consult with the department of
natural resources. After the consultation, and at least 30 days
before the relevant commission issues the order, the relevant
department shall post a copy of the proposed order on the relevant
department'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.
(2) The relevant commission shall list a nonaquatic species as
a prohibited species or restricted species if the relevant
commission determines the following:
(a) For a nonaquatic prohibited species, all of the following
requirements are met:
(i) The organism is not native.
(ii) The organism is not naturalized in this state or, if
naturalized, is not widely distributed in this state.
(iii) One or more Based on a risk assessment, any of the
following apply:
(A) The organism has the potential to harm human health or to
severely harm natural, agricultural, or silvicultural resources.
(B) Effective management or control techniques for the
organism are not available.
(b) For a nonaquatic restricted species, all of the following
requirements are met:
(i) The organism is not native.
(ii) The organism is naturalized and widely distributed in
this state.
(iii) One or more Based on a risk assessment, any of the
following apply:
(A) The organism has the potential to harm human health or to
harm natural, agricultural, or silvicultural resources.
(B) Effective management or control techniques for the
organism are available.
(3) The relevant commission shall list an aquatic species as a
prohibited species or restricted species if the relevant commission
determines the following based on a review by the relevant
department:
(a) For an aquatic prohibited species, all of the following
requirements are met:
(i) The organism is not native or is genetically engineered.
(ii) The organism is not naturalized in this state or, if
naturalized, is not widely distributed.
(iii) One or more Based on a risk assessment, any of the
following apply:
(A) The organism has the potential to harm human health or to
severely harm natural, agricultural, or silvicultural resources.
(B) Effective management or control techniques for the
organism are not available.
(b) For an aquatic restricted species, all of the following
requirements are met:
(i) The organism is not native.
(ii) The organism is naturalized in this state.
(iii) One or more Based on a risk assessment, any of the
following apply:
(A) The organism has the potential to harm human health or to
harm natural, agricultural, or silvicultural resources.
(B) Effective management or control techniques for the
organism are available.
(4) The following apply to a review by the relevant department
of an aquatic species for listing as a prohibited species or
restricted species under subsection (3):
(a)
By 1 year after the effective date of the amendatory act
that
added this subsection, the relevant department shall review
each
aquatic species listed as a prohibited species or restricted
species
on the effective date of the amendatory act that added this
subsection.
(a) (b)
By 1 year after the effective date of the amendatory
act
that added this subsection, the The
relevant department shall
review each aquatic animal listed or delisted as injurious wildlife
under the Lacey act, 16 USC 3371 to 3378, and each aquatic plant
designated or removed from designation as a noxious weed under the
plant
protection act, 7 USC 7701 to 7786, title IV of Public Law
106-224, for listing or delisting as a prohibited species or
restricted
species .
(c)
The relevant department shall review new listings or
delistings
on the federal lists identified under subdivision (b)
within 180 days after the change in federal listing or
delisting.designation.
(b) (d)
The relevant department shall
review each aquatic
species that has the potential to harm human health or natural,
agricultural, or silvicultural resources for listing as a
prohibited species or restricted species even if the species is not
currently
on either federal list described in subdivision (b).(a).
(e)
The relevant department may review a previously unreviewed
aquatic
species petitioned for listing as a permitted species under
section
41302a(5) for which the risk assessment process under
section
41302a(2) or (3) indicated a high invasive species risk.
(c) (f)
The relevant department may review
other aquatic
species for listing as prohibited or restricted species.
(5) The relevant director may issue an emergency order
designating an organism as a prohibited species or restricted
species if the organism has the potential to harm human health or
to severely harm natural, agriculture, or silvicultural resources.
An
emergency order is effective for not longer than 90 days or a
shorter period if specified in the order. The relevant department
shall do all of the following:
(a) Post a proposed emergency order on its website and
otherwise publicize the proposed emergency order in a manner that
ensures that interested persons are provided notice of the proposed
emergency order, the reasons for the emergency order, and the
proposed effective date of the order.
(b) Provide a copy of the proposed emergency order to each
member of the standing committees of the senate and the house of
representatives that consider legislation pertaining to
conservation, the environment, recreation, tourism, or natural
resources.
(c) Post the final emergency order on its website.
(6) The relevant department may issue an order setting forth
the conditions under which naturalized organisms of an aquatic
restricted species may be harvested, possessed, and transported.
Sec.
41303. (1) Subject to subsection (2), a A person shall
not knowingly possess a live organism if the organism is a
prohibited species or restricted species, except under 1 or more of
the following circumstances:
(a) The person intends to present a specimen of the prohibited
species or restricted species, for identification or similar
purposes, to a person who is a certified applicator or registered
applicator under part 83, to a public or private institution of
higher education, or to the department of natural resources, the
department of agriculture and rural development, or any other
state, local, or federal agency with responsibility for the
environment, natural resources, or agriculture.
(b) The person has been presented with a specimen of a
prohibited species or restricted species for identification or
similar purposes under subdivision (a).
(c) The person possesses the prohibited species or restricted
species in conjunction with otherwise lawful activity to eradicate
or control the prohibited species or restricted species.
(d) The possession is pursuant to a permit issued for
education or research purposes by the relevant department under
section 41306 or, if the prohibited species or restricted species
is a plant species or an insect other than a wiggler, by the United
States
department of agriculture.Department
of Agriculture.
(e) The species is an aquatic restricted species and the
person possesses the species in compliance with an order under
section 41302(6).
(2) A person described in subsection (1)(b) or (c) shall
notify the department of natural resources, the department of
agriculture and rural development, or the department of
environmental quality if the prohibited species or restricted
species was found at a location where it was not previously known
to be present.
(3)
Before initial establishment of the permitted aquatic
species
list, a person shall not import, sell, or offer to sell any
live
aquatic species unless the live aquatic species, by the
effective
date of the 2014 amendatory act that added this
subsection,
was lawfully in commercial trade in this state. After
the
initial establishment of the permitted aquatic species list, a
person
shall not import, sell, or offer to sell any live aquatic
species
not listed on the permitted aquatic species list.
Sec. 41306. (1) A person shall apply to the relevant
department for a permit that section 41303 or 41305 describes as
being issued under this section. The application shall be submitted
on a form developed by the relevant department. The application
shall be accompanied by a fee based on the cost of administering
this part. The relevant department shall either grant an
administratively complete application and issue a permit or deny
the application.
(2) In determining whether to grant or deny an application for
a permit for introduction of a genetically engineered organism
required by section 41305, the relevant department shall consider
whether any application for a federal permit or approval for the
genetically engineered organism has been granted or denied.
(3) The relevant department may revoke or modify a permit it
has issued under subsection (1) after providing an opportunity for
a hearing under the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328.
(4)
The relevant department shall administer and enforce this
part.sections 41302 to 41310. In addition, any peace officer may
enforce the criminal provisions of this part.
Sec.
41325. (1) A person shall not place a boat, boating
equipment,
or boat do any of the
following:
(a) Place a watercraft, watercraft equipment, or a watercraft
trailer
in the waters of this state if the boat, boating equipment,
or
boat watercraft, watercraft
equipment, or watercraft trailer has
an aquatic plant attached.
(b) Transport any watercraft over land without first doing
both of the following:
(i) Draining all water from any live wells and bilge.
(ii) Ensuring that the watercraft, trailer, and any conveyance
used to transport the watercraft or trailer are free of aquatic
organisms, including plants.
(2) A law enforcement officer may order the owner or operator
of
a boat, boating equipment, or boat trailer to remove aquatic
plants
from the boat, boating equipment, or boat trailer.
watercraft, watercraft equipment, watercraft trailer, or any
conveyance used to transport the watercraft or trailer to comply
with
subsection (1)(b). The owner or
operator shall obey such an
the order.
(3) A person shall not release baitfish in any waters of this
state. A person who collects fish shall not use the fish as bait or
cut bait except in the inland lake, stream, or Great Lake where the
fish was caught, or in a connecting waterway of the inland lake,
stream, or Great Lake where the fish was caught if the fish could
freely move between the original location of capture and the
location of release.
(4) A person, who catches fish other than baitfish in a lake,
stream, Great Lake, or connecting waterway shall only release the
fish in the lake, stream, or Great Lake where the fish was caught,
or in a connecting waterway of the lake, stream, or Great Lake
where the fish was caught if the fish could freely move between the
original location of capture and the location of release.
(5) (3)
The department shall prepare a
notice that contains a
summary
of subsections (1) , (2), (4), (5), and to (4), (6), and
(7) and the definition of aquatic plant in section 41301 and shall
make copies of the notice available to owners of public boating
access sites. The department shall include the notice in relevant
department publications and post the notice on its website.
(6) (4)
The owner of a public boating
access site shall post
and
maintain the notice described in subsection (3).(5) at the
public boating access site.
(7) (5)
A person who violates subsection
(1), (2), or (3),
(4), or (6) is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $100.00.
(6)
As used in this section:
(a)
"Aquatic plant" means a submergent, emergent, or floating-
leaf
plant or a fragment or seed thereof. Aquatic plant does not
include
wild rice (Zizania aquatica).
(b)
"Boat" means a vessel as defined in section 80104, and
"boating"
has a corresponding meaning.
Sec. 41329. (1) A person shall not sell or offer for sale or
possess for the purpose of sale or offering for sale a live,
nonnative aquatic species except as authorized by a registration
issued by the department of natural resources pursuant to part 13.
A registration is nontransferable and expires on December 31 of the
year for which issued. A separate registration is required for each
place where an activity described in this subsection occurs.
(2) In addition to the exemption provided in section
41309(14), this section and section 41335 do not apply to any of
the following:
(a) Activities authorized under part 459.
(b) The sale or offering for sale of aquatic species, other
than prohibited species or restricted species, for human
consumption.
Sec. 41331. To register under section 41329, a person shall
submit an application to the department of natural resources. The
application shall state the name and address of the applicant and
include the description of the premises where the aquatic species
are to be sold or offered for sale, together with any relevant
additional information required by the department of natural
resources. The department shall issue a registration certificate to
a registrant.
Sec. 41333. A registrant under section 41329 shall do all of
the following:
(a) Maintain the registration certificate conspicuously posted
at the registered location at all times.
(b) Maintain electronic records of all of the following:
(i) The species and number of individuals of each aquatic
species purchased and sold.
(ii) The date of purchase or sale.
(iii) The name and address of persons to whom any aquatic
species are sold other than at retail and from whom aquatic species
are purchased.
(iv) Other relevant information as required by the department.
(c) Make the electronic records maintained under subdivision
(b) available to the department of natural resources upon request.
Sec. 41335. Subject to section 41329(2), a person shall not
conduct a trade show for selling or trading aquatic species unless
the person has given the department not less than 10 days' advance
written notice of the time, date, and location of the trade show.
Sec. 41337. (1) A person who violates sections 41329 to 41335
or rules promulgated under this part to implement those sections
may be ordered to pay a civil fine of not more than $1,000.00.
(2) A person who violates sections 41329 to 41335 or rules
promulgated under this part to implement those sections a second or
subsequent time is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than
$1,000.00, or both.
(3) In addition to the sanctions under subsections (1) or (2),
the court may suspend or revoke any registration issued to the
person under section 41329.
(4) If a person violates sections 41329 to 41335 or rules
promulgated under this part to implement those sections, the
department of natural resources may suspend or revoke the person's
registration required under section 41329 or refuse to register the
person after providing an opportunity for a hearing under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(5) If a registration is suspended or revoked under this
section, the aquatic species held under the registration shall be
disposed of only in a manner approved by the department of natural
resources.
Sec. 41341. The department of natural resources or the
department of agriculture and rural development shall have free
access at all reasonable hours to any site, including, but not
limited to, an aquaculture facility, as defined in section 2 of the
Michigan aquaculture development act, 1996 PA 199, MCL 286.872, if
there is probable cause to believe that activities subject to the
permitting or registration requirements of this part take place and
to any trade show described in section 41335 for any of the
following purposes:
(a) To inspect and determine if this act is being violated. An
inspection shall be conducted under generally recognized practices
designed not to jeopardize the health of the aquatic species.
(b) To secure samples or specimens of any aquatic species
after paying or offering to pay fair market value for the sample or
specimen.
Enacting section 1. Section 41302a of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.41302a, is
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.