S00463'03 (H-1)

SB-0226, As Passed Senate, December 18, 2003

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 226

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 45901, 45906, 45908, 48701, 48735, and 48738

(MCL 324.45901, 324.45906, 324.45908, 324.48701, 324.48735, and

324.48738), sections 45901, 45906, 45908, 48735, and 48738 as

added by 1995 PA 57 and section 48701 as amended by 2002 PA 434,

and by adding part 413.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 PART 413 TRANSGENIC AND NONNATIVE ORGANISMS

2 Sec. 41301. As used in this part:

3 (a) "Genetically engineered" refers to a fish whose genome,

4 chromosomal or extrachromosomal, is modified permanently and

5 heritably, using recombinant nucleic acid techniques, or the

6 progeny thereof.

7 (b) "Prohibited species" means any of the following or the

1 eggs thereof:

2 (i) Bighead carp (Hypophthalmichthys nobilis) or a hybrid or

3 genetically engineered variant thereof.

4 (ii) Bitterling (Rhodeus sericeus) or a hybrid or genetically

5 engineered variant thereof.

6 (iii) Black carp (Mylopharyngodon piceus) or a hybrid or

7 genetically engineered variant thereof.

8 (iv) Grass carp (Ctenopharyngodon idellus) or a hybrid or

9 genetically engineered variant thereof.

10 (v) Ide (Leuciscus idus) or a hybrid or genetically

11 engineered variant thereof.

12 (vi) Japanese weatherfish (Misgurnus anguillicaudatus) or a

13 hybrid or genetically engineered variant thereof.

14 (vii) Rudd (Scardinius erythrophthalamus) or a hybrid or

15 genetically engineered variant thereof.

16 (viii) Silver carp (Hypophthalmichthys molitrix) or a hybrid

17 or genetically engineered variant thereof.

18 (ix) A fish of the snakehead family (family Channidae) or

19 genetically engineered variant.

20 (x) Tench (Tinca tinca) or a hybrid or genetically engineered

21 variant thereof.

22 (c) "Recombinant nucleic acid techniques" means laboratory

23 techniques through which genetic material is isolated and

24 manipulated in vitro and then inserted into an organism.

25 Sec. 41303. A person shall not possess or release a live

26 prohibited species.

27 Sec. 41305. (1) Unless authorized by a permit issued by the

1 department under this section or section 48735, a person shall

2 not knowingly release or allow to be released into this state any

3 of the following that is not naturalized in the location of

4 release:

5 (a) A genetically engineered fish.

6 (b) A nonnative fish.

7 (2) A person shall apply for a permit under subsection (1) on

8 a form developed by the department. The application shall be

9 accompanied by a fee established by the department based on the

10 cost of administering this part.

11 (3) The department may revoke or modify a permit issued under

12 this section after providing an opportunity for a hearing under

13 the administrative procedures act of 1969, 1969 PA 306,

14 MCL 24.201 to 24.328.

15 Sec. 41307. The department shall promulgate rules under the

16 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

17 24.328, necessary to implement this part.

18 Sec. 41309. A person who violates section 41303 or who

19 knowingly violates section 41305 or a permit issued under section

20 41305 is guilty of a felony punishable by imprisonment for not

21 more than 5 years or a fine of not more than $250,000.00, or

22 both. In addition, the person is liable for any damages to

23 natural resources resulting from the violation, including, but

24 not limited to, costs incurred to prevent or minimize such

25 damages.

26 Sec. 45901. As used in this part: ~~, "game~~

27 (a) "Game fish" includes all species of fish in the families

1 of salmonidae (trout and salmon), thymallidae (grayling),

2 esocidae (northern pike and muskellunge), serranidae (white bass

3 and striped bass), centrarchidae (bass, bluegill, and crappie),

4 percidae (perch and walleye), acipenseridae (sturgeon),

5 ictaluridae (catfish), and coregonidae (whitefish).

6 (b) "Genetically engineered" refers to a fish whose genome,

7 chromosomal or extrachromosomal, is modified permanently and

8 heritably, using recombinant nucleic acid techniques.

9 (c) "Recombinant nucleic acid techniques" means laboratory

10 techniques through which genetic material is isolated and

11 manipulated in vitro and then inserted into an organism.

12 Sec. 45906. (1) A person shall not import into this state

13 any live game fish, or including viable eggs of any game fish,

14 without a license as provided for in this part. A license under

15 this subsection does not apply to a genetically engineered

16 variant of a live game fish species unless the genetically

17 engineered variant is specifically identified in the license.

18 (2) The department may promulgate rules under this part to

19 prohibit or restrict the importation of any species of game fish

20 or ~~any~~ other ~~species of~~ fish when the importation of that

21 species would endanger the public fishery resources of this

22 state. A prohibition or restriction in rules promulgated under

23 this subsection applies to a genetically engineered variant of a

24 fish species identified in the prohibition or restriction unless

25 the prohibition or restriction specifically provides otherwise.

26 A prohibition or restriction in rules promulgated under this

27 subsection may be limited to a genetically engineered fish.

1 Sec. 45908. (1) A Except as provided in subsection (2), a

2 person ~~violating~~ who violates this part or the rules

3 promulgated under this part is guilty of a misdemeanor ,

4 punishable by imprisonment for not more than 90 days , or a

5 fine of not more than $100.00, or both. In addition to the

6 penalty, any license issued under this part may be revoked.

7 (2) A person who knowingly violates section 45906 or a rule

8 promulgated under section 45906 with respect to a genetically

9 engineered fish or with respect to any fish species that is not

10 naturalized in this state is guilty of a misdemeanor punishable

11 by imprisonment for not more than 90 days or a fine of not more

12 than $1,000.00, or both. In addition, any license issued to the

13 person under this part may be revoked, and the person is liable

14 for damages to natural resources resulting from the violation,

15 including, but not limited to, costs incurred to prevent or

16 minimize such damages.

17 (3) Any license issued under this part may be suspended or

18 revoked by the department after a hearing, upon reasonable

19 notice, when any of the operations under it fail to comply with

20 the requirements of this part or the rules promulgated under this

21 part. Whenever any license is suspended or revoked, the fish

22 held under the license shall be disposed of only in a manner

23 approved by the department.

24 Sec. 48701. As used in this part:

25 (a) "Amphibian" means any frog, toad, or salamander of the

26 class amphibia.

27 (b) "Crustacea" means any freshwater crayfish, shrimp, or

1 prawn of the order decapoda.

2 (c) "Game fish" includes all of the following:

3 (i) Mackinaw or lake trout ( ~~Christivomer~~ Salvelinus

4 namaycush).

5 (ii) Brook or speckled trout (Salvelinus fontinalis).

6 (iii) Brown and Loch Leven trout (Salmo trutta).

7 (iv) Rainbow and steelhead trout ( ~~Salmo gairdnerii~~

8 Oncorhynchus mykiss).

9 (v) Landlocked salmon (Salmo salar sebago).

10 (vi) Grayling (Thymallus ~~tricolor and Thymallus montanus~~

11 arcticus).

12 (vii) Largemouth black bass ( ~~Huro~~ Micropterus salmoides).

13 (viii) Smallmouth black bass (Micropterus dolomieu).

14 (ix) Bluegill (Lepomis macrochirus).

15 (x) Pumpkinseed or common sunfish (Lepomis gibbosus).

16 (xi) Black crappie and white crappie, also known as calico

17 bass and strawberry bass (Pomoxis ~~sparoides and pomoxis~~

18 nigromaculatus and Pomoxis annularis).

19 (xii) Yellow perch, commonly called perch (Perca

20 flavescens).

21 (xiii) Pike-perch, commonly called walleyed pike

22 (Stizostedion vitreum).

23 (xiv) Northern pike, also known as grass pike or pickerel

24 (Esox lucius).

25 (xv) Muskellunge (Esox masquinongy).

26 (xvi) Sturgeon (Acipenser fulvescens).

27 (xvii) Splake (Salvelinus namaycush x Salvelinus

1 fontinalis).

2 (xviii) Coho salmon (Oncorhynchus kisutch).

3 (xix) Chinook (King) salmon (Oncorhynchus tshawytscha).

4 (xx) Pink salmon (Oncorhynchus gorbuscha).

5 (d) "Genetically engineered" refers to a fish whose genome,

6 chromosomal or extrachromosomal, is modified permanently and

7 heritably, using recombinant nucleic acid techniques.

8 (e) ~~(d)~~ "Inland waters of this state" means the waters

9 within the jurisdiction of the state except Saginaw river, Lakes

10 Michigan, Superior, Huron, and Erie, and the bays and the

11 connecting waters. The connecting waters between Lake Superior

12 and Lake Huron are that part of the Straits of St. Mary in this

13 state extending from a line drawn from Birch Point Range front

14 light to the most westerly point of Round Island, thence

15 following the shore of Round Island to the most northerly point

16 thereof, thence from the most northerly point of Round Island to

17 Point Aux Pins light, Ontario, to a line drawn due east and west

18 from the most southerly point of Little Lime Island. The

19 connecting waters of Lake Huron and Lake Erie are all of the

20 St. Clair river, all of Lake St. Clair, and all of the Detroit

21 river extending from Fort Gratiot light in Lake Huron to a line

22 extending due east and west of the most southerly point of

23 Celeron Island in the Detroit river.

24 (f) ~~(e)~~ "Mollusks" means any mollusk of the classes

25 bivalvia and gastropoda.

26 (g) ~~(f)~~ "Nongame fish" includes all kinds of fish except

27 game fish.

1 (h) ~~(g)~~ "Nonresident" means a person who is not a

2 resident.

3 (i) ~~(h)~~ "Nontrout streams" means all streams or portions of

4 streams other than trout streams.

5 (j) ~~(i)~~ "Open season" means the time during which fish may

6 be legally taken or killed and includes both the first and last

7 day of the season or period designated by this part.

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

9 techniques through which genetic material is isolated and

10 manipulated in vitro and then inserted into an organism.

11 (l) ~~(j)~~ "Reptiles" means any turtle, snake, or lizard of

12 the class reptilia.

13 (m) ~~(k)~~ "Resident" means either of the following:

14 (i) A person who resides in a settled or permanent home or

15 domicile with the intention of remaining in this state.

16 (ii) A student who is enrolled in a full-time course at a

17 college or university within this state.

18 (n) (l) "Trout lake" means a lake designated by the

19 department in which brook trout, brown trout, or rainbow trout

20 are the predominating species of game fish. ~~found in the lake.~~

21 The department may designate certain trout lakes in which certain

22 species of fish are not desired and in which it is unlawful to

23 use live fish of any kind for bait.

24 (o) ~~(m)~~ "Trout stream" means any stream or portion of a

25 stream that contains a significant population of any species of

26 trout or salmon as determined by the department. The department

27 shall designate not more than 212 miles of trout streams in which

1 only lures or baits as the department prescribes may be used in

2 fishing, and the department may prescribe the size and number of

3 fish that may be taken from those trout streams. The department

4 shall not restrict children under 12 years old from taking a

5 minimum of 1 fish, except for sturgeon (Acipenser fulvescens), in

6 any trout stream. Any trout stream in a county that includes a

7 city with a population of 750,000 or more shall be so

8 designated. In addition, the department shall issue an order

9 adopting criteria for determining which trout streams should be

10 so designated. Before the department issues the order, the

11 department shall submit the proposed order to the commission.

12 The commission shall receive public comment on the proposed

13 order. The department shall consider any guidance provided by

14 the commission on the proposed order and may make changes to the

15 proposed order based on that guidance.

16 Sec. 48735. (1) A Subject to subsection (2), a person

17 shall not take from any of the inland waters of this state any

18 fish in any manner for the purpose of fish culture or scientific

19 investigation without first obtaining a permit from the

20 department, except that a person who is operating a private fish

21 pond may take fish from his or her own pond for the purpose of

22 propagation, scientific investigation, or sale under part 459.

23 (2) The department may issue permits to possess live game

24 fish in public or private ponds, pools, or aquariums under rules

25 and regulations as the department prescribes. This subsection is

26 subject to subsection (5).

27 (3) The department may cause to be taken from the inland

1 waters of this state any species of fish for the purpose of

2 obtaining spawn for fish culture or scientific investigation or

3 for the protection of the inland waters from ecological damage or

4 imbalance. In addition, the department may cause to be taken

5 from the inland waters of this state species of fish that are not

6 required to maintain the fishery resources of the inland waters.

7 All fish taken under this ~~section~~ subsection shall be taken

8 under the supervision of a deputy of the department appointed for

9 that purpose and in accordance with the regulations of the

10 department of agriculture, and the fish may be sold or

11 transferred by the department.

12 (4) A person shall not import or bring any live game fish,

13 or including viable eggs of any game fish, from outside of this

14 state except under a permit from the department or under part 459

15 and the rules promulgated in accordance with that part. A person

16 shall not plant any spawn, fry, or fish of any kind in any of the

17 public waters of this state or any other waters under the

18 jurisdiction of this state without first obtaining a permit from

19 the department that states the species, number, and approximate

20 size or age of the spawn, fry, or fish to be planted and the name

21 and location of the waters where the spawn, fry, or fish shall be

22 planted. A permit is not required to plant spawn, fry, or fish

23 furnished by the federal or state government. ~~All permits~~ This

24 subsection is subject to subsection (5).

25 (5) A permit under subsection (2) or (4) does not include a

26 genetically engineered variant of a fish species identified in

27 the permit unless the genetically engineered variant is

1 specifically identified in the permit. A permit under subsection

2 (2) or (4) may be limited to a genetically engineered fish.

3 (6) A permit under this section shall be exhibited upon the

4 request of any law enforcement officer.

5 (7) ~~(2)~~ The department shall annually report to the

6 legislature all fish sold or transferred pursuant to this part.

7 Sec. 48738. (1) A person who violates this part or rules or

8 orders issued to implement this part, if a penalty is not

9 otherwise provided for that violation in this section, is guilty

10 of a misdemeanor , punishable by imprisonment for not more than

11 90 days , or a fine of not more than $500.00, or both.

12 (2) A person convicted of using dynamite, nitroglycerin,

13 lime, electricity, any other explosive substance, or poison for

14 the purpose of taking or killing fish, convicted of using nets

15 not authorized by law for taking game fish, or convicted of

16 buying or selling game fish or any parts of game fish is guilty

17 of a misdemeanor , punishable by imprisonment for not more than

18 90 days , or a fine of not less than $250.00 or more than

19 $1,000.00, or both.

20 (3) A person who takes or possesses sturgeon in violation of

21 this part or rules or orders issued to implement this part is

22 guilty of a misdemeanor ~~, punishable~~ and shall be punished by

23 imprisonment for not less than 30 days or more than 180 days ,

24 or and a fine of not less than $500.00 or more than $2,000.00,

25 or both, and the costs of prosecution.

26 (4) A person who knowingly violates section 48735(2) or (4)

27 or a permit issued under section 48735(2) or (4) with respect to

1 a genetically engineered variant of a fish species is guilty of a

2 felony punishable by imprisonment for not more than 5 years or a

3 fine of not more than $250,000.00, or both. In addition, the

4 person is liable for any damages to the natural resources

5 resulting from the violation, including, but not limited to,

6 costs incurred to prevent or minimize such damages.

7 (5) ~~(4)~~ If a person is convicted of a violation of this

8 part or rules or orders issued to implement this part and it is

9 alleged in the complaint and proved or admitted at trial or

10 ascertained by the court at the time of sentencing that the

11 person ~~had~~ has been previously convicted 3 or more times of a

12 violation of this part within the 5 years immediately preceding

13 the last violation of this part, the person is guilty of a

14 misdemeanor , punishable by imprisonment for not more than 90

15 days , or a fine of not more than $1,000.00, or both, and the

16 costs of prosecution. This subsection does not apply to the

17 following violations:

18 (a) Failing to possess or display a valid fishing license or

19 trout and salmon license issued pursuant to part 435.

20 (b) Taking or possessing an overlimit of bluegill, sunfish,

21 crappie, perch, or nongame fish.

22 (c) Taking or possessing not more than 5 undersized fish.

23 (d) Fishing with too many lines.

24 (e) Failing to attach the person's name and address to

25 tip-ups or minnow traps.

26 (f) Fishing with lines not under immediate control.

27 (6) ~~(5)~~ In addition to the penalties provided in this