HOUSE BILL No. 5432

 

March 26, 2014, Introduced by Reps. MacMaster, Graves, Daley, Franz, McBroom, Somerville, Kelly and Genetski and referred to the Committee on Agriculture.

 

     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) "Aquaculture species" means a species on the approved list

 

of aquaculture species under section 5 of the Michigan aquaculture

 

development act, 1996 PA 199, MCL 286.875, or a species not on the

 

approved list that is the subject of research conducted under an

 

aquaculture research permit in a confinement research facility, as

 

described in section 8 of the Michigan aquaculture development act,

 

1996 PA 199, MCL 286.878.

 


     (b) "Domestic animal" means those species of animals that live

 

under the husbandry of humans.

 

     (c) "Farm product" means that term as it is defined in section

 

2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.

 

     (d) "Feral or wild swine" means swine that have lived their

 

life or any part of their life as free roaming or not under the

 

husbandry of humans.

 

     (e) (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.

 

     (f) (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.

 

     (g) "Livestock" means those species of domestic animals used

 

for human food or fiber or those species of domestic animals used

 

for service to humans. Livestock includes, but is not limited to,

 

cattle, sheep, new world camelids, goats, bison, privately owned

 

cervids, ratites, native swine, equines, poultry, aquaculture

 

species, and rabbits. Livestock does not include dogs or cats or

 

feral or wild swine.

 

     (h) "Native swine" means swine born and raised in this state

 

or legally imported into this state.

 

     (i) "Swine" means any of the ungulate mammals of the family

 

suidae.

 

     (j) (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).

 

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

 

techniques through which genetic material is isolated and

 

manipulated in vitro and then inserted into an organism.

 

     (l) (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 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) 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.

 

     (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 commission

 

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. insects, plants, livestock, or farm

 

products. Before issuing an order under this subsection, the

 

commission of natural resources commission shall consult with the

 

department of agriculture and rural development. After the

 

consultation, and at least 30 days before the commission of natural

 

resources commission 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 and rural development 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 and rural development shall consult with the department

 

of natural resources. After the consultation, and at least 30 days

 

before the commission of agriculture and rural development issues

 

the order, the department of agriculture and rural development

 

shall post a copy of the proposed order on the department of

 

agriculture's agriculture and rural development'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 commission or the

 


commission of agriculture and rural development, as applicable,

 

shall list a species as a prohibited species or restricted species

 

if the commission of natural resources commission or commission of

 

agriculture and rural development, respectively, determines the

 

following:

 

     (a) For a prohibited species, all of the following

 

requirements are met:

 

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

 

     (ii) The organism is not naturalized in this state or, if

 

naturalized, is not widely distributed in this state.

 

     (iii) One or more 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 restricted species, all of the following

 

requirements are met:

 

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

 

     (ii) The organism is naturalized and widely distributed in this

 

state.

 

     (iii) One or more 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.