HOUSE BILL No. 5020 July 8, 1997, Introduced by Reps. Schroer, Brater, LaForge, Mans, Varga, Baird, Bobier, LeTarte and Profit and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1996 PA 199, entitled "Michigan aquaculture development act," by amending section 6 (MCL 286.876) and by adding section 7a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) A person shall not engage in aquaculture unless 2 he or she obtains a registration from the department as an aqua- 3 culture facility, obtains an aquaculture research permit, or 4 unless otherwise exempt by rule or law. If the activity in which 5 the aquaculture facility is engaged is required to be regulated 6 under any act, registration under this act does not exempt the 7 person or aquaculture facility from requirements imposed under 8 any local, state, or federal regulation. 9 (2) The following are exempt from registration as an 10 aquaculture facility: 00936'97 a JCB 2 1 (a) Retail bait outlets. 2 (b) Retail ornamental fish facilities. 3 (c) Persons using privately controlled waters for noncommer- 4 cial purposes. 5 (d) Public aquariums or zoos. 6 (e) Portable retail fishing concessions. 7 (3) THE DEPARTMENT SHALL NOT ISSUE AN AQUACULTURE FACILITY 8 REGISTRATION FOR AN AQUACULTURE FACILITY THAT USES A NATURAL LAKE 9 OR WETLAND IF THE WATERS PLANNED FOR USE ARE INFESTED WATERS AS 10 DEFINED IN PART 332 OF THE NATURAL RESOURCES AND ENVIRONMENTAL 11 PROTECTION ACT, 1994 PA 451, MCL 324.33201 TO 324.33209. 12 (4)(3)A person registered or permitted under this act 13 shall keep and maintain records of production, purchases, or 14 imports in order to establish proof of ownership. A person 15 transporting aquaculture species shall produce documentation that 16 contains the origin of shipment, registration or permit copies or 17 documentation, documentation demonstrating shipping destination, 18 and any other proof that may be required under the animal indus- 19 try act of 1987,Act No. 466 of the Public Acts of 1988, being20sections 287.701 to 287.747 of the Michigan Compiled Laws1988 21 PA 466, MCL 287.701 TO 287.747, upon demand of the director or a 22 law enforcement officer. 23 (5)(4)An aquaculture facility in existence before 24 January 1, 1997 is required to obtain a registration or permit, 25 or both, if applicable, by January 1, 1999 in order to continue 26 to engage in aquaculture. Any person engaging in aquaculture 27 beginning on or after January 1, 1997 is required to obtain a 00936'97 a 3 1 registration or permit under this act, or both, if applicable, in 2 order to engage in aquaculture. 3 SEC. 7A. (1) IF AN AQUACULTURE FACILITY USES WATERS THAT 4 CONTAIN EURASIAN WATER MILFOIL AS DETERMINED BY THE DEPARTMENT IN 5 CONSULTATION WITH THE DEPARTMENT OF NATURAL RESOURCES, THE OWNER 6 OR OPERATOR OF THE AQUACULTURE FACILITY SHALL COMPLY WITH ALL OF 7 THE FOLLOWING: 8 (A) NETS, TRAPS, BUOYS, STAKES, AND LINES THAT HAVE BEEN 9 USED IN SUCH ARTIFICIAL WATER BASINS SHALL BE DRIED FOR A MINIMUM 10 OF 10 DAYS, OR FROZEN FOR A MINIMUM OF 2 DAYS, BEFORE THEY ARE 11 USED IN NONINFESTED WATERS. 12 (B) ALL AQUATIC PLANTS SHALL BE REMOVED FROM NETS AND OTHER 13 EQUIPMENT THAT ARE REMOVED FROM THE ARTIFICIAL WATER BASINS. 14 (C) AT THE REQUEST OF THE DEPARTMENT, TREAT THE WATERS TO 15 ELIMINATE EURASIAN WATER MILFOIL. 16 (2) FISH RAISED IN AN AQUACULTURE FACILITY THAT HAS POPULA- 17 TIONS OF EURASIAN WATER MILFOIL SHALL BE SOLD DIRECTLY TO A 18 WHOLESALE BUYER FOR PROCESSING, OR FOR STOCKING IN OTHER WATERS 19 CONTAINING POPULATIONS OF EURASIAN WATER MILFOIL. 20 Enacting section 1. This amendatory act does not take 21 effect unless Senate Bill No. _____ or House Bill No. _____ 22 (request no. 00936'97) of the 89th Legislature is enacted into 23 law. 00936'97 a Final page. JCB