Natural resources; other; genetically engineered organisms;

recognize in aquaculture development act.

NATURAL RESOURCES: Other; NATURAL RESOURCES: Wildlife; NATURAL

RESOURCES: Great Lakes; NATURAL RESOURCES: Inland lakes;

NATURAL RESOURCES: Rivers and streams; AGRICULTURE: Animals;

ANIMALS: Exotic; AGRICULTURE: Agribusiness

A bill to amend 1996 PA 199, entitled

"Michigan aquaculture development act,"

by amending sections 2 and 4 (MCL 286.872 and 286.874).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2. As used in this act:

2 (a) "Aquacultural products" means any products, coproducts,

3 or by-products of aquaculture species.

4 (b) "Aquaculture" means the commercial husbandry of aquacul-

5 ture species on the approved list of aquaculture species, includ-

6 ing, but not limited to, the culturing, producing, growing,

7 using, propagating, harvesting, transporting, importing, export-

8 ing, or marketing of aquacultural products under an appropriate

9 permit or registration.

10 (c) "Aquaculture facility" means a farm or farm operation

11 engaged in any aspect of aquaculture in privately controlled

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1 waters capable of holding all life stages of aquaculture species

2 with a barrier or enclosure to prevent their escape into waters

3 of the state.

4 (d) "Aquaculture facility registration" means a registration

5 issued by the director allowing a facility to engage in

6 aquaculture.

7 (e) "Aquaculture research permit" means a permit issued by

8 the director to researchers to study and culture aquaculture spe-

9 cies not included on the approved list of aquaculture species for

10 the evaluation of aquacultural potential and to provide a scien-

11 tific basis for including the aquaculture species on the approved

12 list.

13 (f) "Aquaculture species" means aquatic animal organisms

14 including, but not limited to, fish, crustaceans, mollusks, rep-

15 tiles, or amphibians reared or cultured under controlled condi-

16 tions in an aquaculture facility.

17 (g) "Aquaculturist" means a person involved in or engaged in

18 any aspect of aquaculture.

19 (h) "Aquarium" means any park, building, cage, enclosure, or

20 other structure or premises in which aquaculture species are kept

21 for public exhibition or viewing, regardless of whether compensa-

22 tion is received.

23 (i) "Confinement research facility" means a facility holding

24 an aquaculture research permit, and enclosed in a secure

25 structure, and separated from other aquaculture facilities AND in

26 which aquaculture species are isolated and maintained in complete

27 and continuous confinement to prevent their escape into the

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1 environment and to prevent the release of any possible pathogens

2 into the environment.

3 (j) "Department" means the Michigan department of

4 agriculture.

5 (k) "Director" means the director of the Michigan department

6 of agriculture or his or her designee.

7 (l) "Farm" or "farm operation" means those terms as defined

8 in the Michigan right to farm act, Act No. 93 of the Public Acts

9 of 1981, being sections 286.471 to 286.474 of the Michigan

10 Compiled Laws 1981 PA 93, MCL 286.471 TO 286.474.

11 (M) "GENETICALLY ENGINEERED ORGANISM" MEANS AN ORGANISM

12 WHOSE GENOME, CHROMOSOMAL OR EXTRACHROMOSOMAL, IS MODIFIED PER-

13 MANENTLY AND HERITABLY USING RECOMBINANT NUCLEIC ACID TECHNIQUES.

14 (N) (m) "Law enforcement officer" means a person appointed

15 by the state or a legal LOCAL governmental unit who is respon-

16 sible for the enforcement of the criminal laws of this state.

17 (O) (n) "Person" means an individual, corporation, limited

18 liability corporation COMPANY, partnership, association, joint

19 venture, or other legal entity.

20 (P) (o) "Privately controlled waters" means waters con-

21 trolled within ponds, vats, raceways, tanks, and any other indoor

22 or outdoor structure wholly within or on the land of an owner or

23 lessor LAND OWNED OR LEASED BY AN AQUACULTURIST and used with an

24 aquaculture facility or confinement research facility. Privately

25 controlled waters includes those waters diverted for use in an

26 aquaculture facility by an aquaculturist exercising his or her

27 riparian rights.

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1 (Q) "RECOMBINANT NUCLEIC ACID TECHNIQUES" MEANS LABORATORY

2 TECHNIQUES THROUGH WHICH GENETIC MATERIAL IS ISOLATED AND MANIPU-

3 LATED IN VITRO AND THEN INSERTED INTO AN ORGANISM.

4 (R) (p) "Retail bait outlet" means a facility that sells

5 DIRECTLY TO THE CONSUMER any live or dead organism, edible or

6 digestible material, organic or processed food, or scented mate-

7 rial each of which may be used to attract fish, including, but

8 not limited to, worms, leeches, aquatic insects, crayfish,

9 amphibians, fish eggs, minnows or other fish, marshmallows,

10 cheese, pork rinds, or any part thereof. , directly to the

11 consumer.

12 (S) (q) "Retail ornamental fish facility" means a facility

13 in which a person sells, imports or exports at wholesale or

14 retail, leases, or loans ornamental species of aquatic organisms

15 that may live in fresh, brackish, or saltwater environments to

16 the general public for home or public display purposes.

17 (T) (r) "Waters of the state" means groundwaters, lakes,

18 rivers, and streams and all other watercourses and waters within

19 the jurisdiction of the state and also the Great Lakes bordering

20 the state.

21 (U) (s) "Zoo" means any park, building, cage, enclosure,

22 or other structure or premises in which a live animal is kept for

23 public exhibition or viewing, regardless of whether compensation

24 is received.

25 Sec. 4. (1) Aquaculture is an agricultural enterprise and

26 is considered to be part of the farming and agricultural

27 industry of this state. The director shall assure that

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1 aquaculture is afforded all rights, privileges, opportunities,

2 and responsibilities of other agricultural enterprises.

3 (2) Aquaculture is a form of agriculture. Aquaculture

4 facilities and aquaculture uses are considered to be a form of

5 agricultural facilities and uses.

6 (3) Aquacultural products lawfully taken, produced, pur-

7 chased, possessed, or acquired from within this state or imported

8 into this state are the exclusive and private property of the

9 aquaculturist.

10 (4) This act does not prohibit an aquaculturist from exer-

11 cising riparian rights for water diversion. Water IF WATER IS

12 discharged back into the waters of the state, THE DISCHARGE shall

13 be pursuant to any appropriate permit issued by the department of

14 environmental quality, if such a permit is required.

15 (5) An aquaculturist harvesting aquaculture species from a

16 registered aquaculture facility or a permitted confinement

17 research facility is exempt from size, catch, and possession

18 limits, closed seasons, and any other restriction imposed in

19 parts 459 (propagation of game fish in private waters) and 487

20 (sport fishing) of the natural resources and environmental pro-

21 tection act, Act No. 451 of the Public Acts of 1994, being sec-

22 tions 324.45901 to 324.45908 and 324.48701 to 324.48740 of the

23 Michigan Compiled Laws 1994 PA 451, MCL 324.45901 TO 324.45908

24 AND 324.48701 TO 324.48740.

25 (6) This act does not give an aquaculturist authority to

26 take wild species from the waters of the state and held in trust,

27 in violation of Act No. 451 of the Public Acts of 1994, being

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1 sections 324.101 to 324.90106 of the Michigan Compiled Laws THE

2 NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451,

3 MCL 324.101 TO 324.90106, unless under a permit issued by the

4 department of natural resources.

5 (7) This act does not give an aquaculturist authority to

6 release any aquaculture species into any waters of the state that

7 are not an aquaculture facility unless the aquaculturist first

8 obtains an appropriate permit from the director of the department

9 of natural resources. It is intended that the department of nat-

10 ural resources shall consider a registration issued under this

11 act as the equivalent of a game fish breeders license issued

12 under part 487 of Act No. 451 of the Public Acts of 1994, being

13 sections 324.48701 to 324.48740 of the Michigan Compiled Laws

14 459 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT,

15 1994 PA 451, MCL 324.45901 TO 324.45908.

16 (8) Any movement, importing, or exporting of aquaculture

17 species shall be in compliance with the animal industry act, of

18 1987, Act No. 466 of the Public Acts of 1988, being sections

19 287.701 to 287.747 of the Michigan Compiled Laws 1988 PA 466,

20 MCL 287.701 TO 287.746, for purposes of obtaining a planting

21 permit.

22 (9) FOR THE PURPOSES OF THIS ACT, EACH GENETICALLY ENGI-

23 NEERED ORGANISM THAT IS A VARIANT OF AN AQUACULTURE SPECIES SHALL

24 BE CONSIDERED A DISTINCT AQUACULTURE SPECIES. A GENETICALLY

25 ENGINEERED ORGANISM THAT IS A VARIANT OF AN AQUACULTURE SPECIES

26 IS NOT INCLUDED ON THE LIST OF APPROVED AQUACULTURE SPECIES UNDER

27 SECTION 5 UNLESS SPECIFICALLY IDENTIFIED ON THE LIST OR

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1 SPECIFICALLY IDENTIFIED IN A RULE PROMULGATED UNDER SECTION 12 AS

2 BEING INCLUDED ON THE LIST. A GENETICALLY ENGINEERED ORGANISM

3 THAT IS A VARIANT OF AN AQUACULTURE SPECIES IS NOT COVERED BY AN

4 AQUACULTURE RESEARCH PERMIT UNDER SECTION 8 UNLESS SPECIFICALLY

5 IDENTIFIED IN THE PERMIT.

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