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Michigan Legislature
Michigan Compiled Laws Complete Through PA 47 of 2019
House: Adjourned until Tuesday, July 23, 2019 1:30:00 PM
Senate: Adjourned until Tuesday, July 23, 2019 10:00:00 AM


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Section 286.872

MICHIGAN AQUACULTURE DEVELOPMENT ACT (EXCERPT)
Act 199 of 1996


286.872 Definitions.

Sec. 2.

   As used in this act:
  (a) “Aquacultural products” means any products, coproducts, or by-products of aquaculture species.
  (b) “Aquaculture” means the commercial husbandry of aquaculture species on the approved list of aquaculture species, including, but not limited to, the culturing, producing, growing, using, propagating, harvesting, transporting, importing, exporting, or marketing of aquacultural products under an appropriate permit or registration.
  (c) “Aquaculture facility” means a farm or farm operation engaged in any aspect of aquaculture in privately controlled waters capable of holding all life stages of aquaculture species with a barrier or enclosure to prevent their escape into waters of the state.
  (d) “Aquaculture facility registration” means a registration issued by the director allowing a facility to engage in aquaculture.
  (e) “Aquaculture research permit” means a permit issued by the director to researchers to study and culture aquaculture species not included on the approved list of aquaculture species for the evaluation of aquacultural potential and to provide a scientific basis for including the aquaculture species on the approved list.
  (f) “Aquaculture species” means aquatic animal organisms including, but not limited to, fish, crustaceans, mollusks, reptiles, or amphibians reared or cultured under controlled conditions in an aquaculture facility.
  (g) “Aquaculturist” means a person involved in or engaged in any aspect of aquaculture.
  (h) “Aquarium” means any park, building, cage, enclosure, or other structure or premises in which aquaculture species are kept for public exhibition or viewing, regardless of whether compensation is received.
  (i) “Confinement research facility” means a facility holding an aquaculture research permit, enclosed in a secure structure, and separated from other aquaculture facilities and in which aquaculture species are isolated and maintained in complete and continuous confinement to prevent their escape into the environment and to prevent the release of any possible pathogens into the environment.
  (j) “Department” means the Michigan department of agriculture.
  (k) “Director” means the director of the Michigan department of agriculture or his or her designee.
  (l) “Farm” or “farm operation” means those terms as defined in the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
  (m) “Genetically engineered” refers to an organism whose genome, chromosomal or extrachromosomal, is modified permanently and heritably using recombinant nucleic acid techniques, or the progeny thereof.
  (n) “Law enforcement officer” means a person appointed by the state or a local governmental unit who is responsible for the enforcement of the criminal laws of this state.
  (o) “Person” means an individual, corporation, limited liability company, partnership, association, joint venture, or other legal entity.
  (p) “Privately controlled waters” means waters controlled within ponds, vats, raceways, tanks, and any other indoor or outdoor structure wholly within or on land owned or leased by an aquaculturist and used with an aquaculture facility or confinement research facility. Privately controlled waters includes those waters diverted for use in an aquaculture facility by an aquaculturist exercising his or her riparian rights.
  (q) “Recombinant nucleic acid techniques” means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism.
  (r) “Retail bait outlet” means a facility that sells directly to the consumer any live or dead organism, edible or digestible material, organic or processed food, or scented material each of which may be used to attract fish, including, but not limited to, worms, leeches, aquatic insects, crayfish, amphibians, fish eggs, minnows or other fish, marshmallows, cheese, pork rinds, or any part thereof.
  (s) “Retail ornamental fish facility” means a facility in which a person sells, imports or exports at wholesale or retail, leases, or loans ornamental species of aquatic organisms that may live in fresh, brackish, or saltwater environments to the general public for home or public display purposes.
  (t) “Waters of the state” means groundwaters, lakes, rivers, and streams and all other watercourses and waters within the jurisdiction of the state and also the Great Lakes bordering the state.
  (u) “Zoo” means any park, building, cage, enclosure, or other structure or premises in which a live animal is kept for public exhibition or viewing, regardless of whether compensation is received.


History: 1996, Act 199, Eff. Aug. 16, 1996 ;-- Am. 2003, Act 272, Eff. Mar. 30, 2004


© 2017 Legislative Council, State of Michigan

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