SB-0226, As Passed Senate, October 29, 2003
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 an organism whose
4 genome, chromosomal or extrachromosomal, is modified permanently
5 and heritably, using recombinant nucleic acid techniques.
6 (b) "Recombinant nucleic acid techniques" means laboratory
7 techniques through which genetic material is isolated and
1 manipulated in vitro and then inserted into an organism.
2 Sec. 41303. (1) Unless authorized by a permit issued by the
3 department under this section or section 48735, a person shall
4 not knowingly release or allow to be released into this state any
5 of the following that is not naturalized in the location of
6 release:
7 (a) A genetically engineered fish.
8 (b) A nonnative fish.
9 (2) A person shall apply for a permit under subsection (1) on
10 a form developed by the department. The application shall be
11 accompanied by a fee established by the department based on the
12 cost of administering this part.
13 (3) The department may revoke or modify a permit issued under
14 this section after providing an opportunity for a hearing under
15 the administrative procedures act of 1969, 1969 PA 306,
16 MCL 24.201 to 24.328.
17 Sec. 41305. The department shall promulgate rules under the
18 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
19 24.328, necessary to implement this part.
20 Sec. 41307. A person who knowingly violates this part or a
21 permit issued under this part is guilty of a felony punishable by
22 imprisonment for not more than 5 years or a fine of not more than
23 $250,000.00, or both. In addition, the person is liable for any
24 damages to the natural resources of this state resulting from the
25 violation.
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 an organism whose
7 genome, chromosomal or extrachromosomal, is modified permanently
8 and 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 organism that
24 is a variant of the species unless the restriction or prohibition
25 specifically provides otherwise. A prohibition or restriction in
26 rules promulgated under this subsection may be limited to a
27 genetically engineered organism.
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 organism or with respect to any 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 (3) Any license issued under this part may be suspended or
16 revoked by the department after a hearing, upon reasonable
17 notice, when any of the operations under it fail to comply with
18 the requirements of this part or the rules promulgated under this
19 part. Whenever any license is suspended or revoked, the fish
20 held under the license shall be disposed of only in a manner
21 approved by the department.
22 Sec. 48701. As used in this part:
23 (a) "Amphibian" means any frog, toad, or salamander of the
24 class amphibia.
25 (b) "Crustacea" means any freshwater crayfish, shrimp, or
26 prawn of the order decapoda.
27 (c) "Game fish" includes all of the following:
1 (i) Mackinaw or lake trout ( Christivomer Salvelinus
2 namaycush).
3 (ii) Brook or speckled trout (Salvelinus fontinalis).
4 (iii) Brown and Loch Leven trout (Salmo trutta).
5 (iv) Rainbow and steelhead trout ( Salmo gairdnerii
6 Oncorhynchus mykiss).
7 (v) Landlocked salmon (Salmo salar sebago).
8 (vi) Grayling (Thymallus tricolor and Thymallus
montanus
9 arcticus).
10 (vii) Largemouth black bass ( Huro Micropterus
salmoides).
11 (viii) Smallmouth black bass (Micropterus dolomieu).
12 (ix) Bluegill (Lepomis macrochirus).
13 (x) Pumpkinseed or common sunfish (Lepomis gibbosus).
14 (xi) Black crappie and white crappie, also known as calico
15 bass and strawberry bass
(Pomoxis sparoides and pomoxis
16 nigromaculatus and Pomoxis annularis).
17 (xii) Yellow perch, commonly called perch (Perca
18 flavescens).
19 (xiii) Pike-perch, commonly called walleyed pike
20 (Stizostedion vitreum).
21 (xiv) Northern pike, also known as grass pike or pickerel
22 (Esox lucius).
23 (xv) Muskellunge (Esox masquinongy).
24 (xvi) Sturgeon (Acipenser fulvescens).
25 (xvii) Splake (Salvelinus namaycush x Salvelinus
26 fontinalis).
27 (xviii) Coho salmon (Oncorhynchus kisutch).
1 (xix) Chinook (King) salmon (Oncorhynchus tshawytscha).
2 (xx) Pink salmon (Oncorhynchus gorbuscha).
3 (d) "Genetically engineered" refers to an organism whose
4 genome, chromosomal or extrachromosomal, is modified permanently
5 and heritably, using recombinant nucleic acid techniques.
6 (e) (d) "Inland
waters of this state" means the waters
7 within the jurisdiction of the state except Saginaw river, Lakes
8 Michigan, Superior, Huron, and Erie, and the bays and the
9 connecting waters. The connecting waters between Lake Superior
10 and Lake Huron are that part of the Straits of St. Mary in this
11 state extending from a line drawn from Birch Point Range front
12 light to the most westerly point of Round Island, thence
13 following the shore of Round Island to the most northerly point
14 thereof, thence from the most northerly point of Round Island to
15 Point Aux Pins light, Ontario, to a line drawn due east and west
16 from the most southerly point of Little Lime Island. The
17 connecting waters of Lake Huron and Lake Erie are all of the
18 St. Clair river, all of Lake St. Clair, and all of the Detroit
19 river extending from Fort Gratiot light in Lake Huron to a line
20 extending due east and west of the most southerly point of
21 Celeron Island in the Detroit river.
22 (f) (e) "Mollusks"
means any mollusk of the classes
23 bivalvia and gastropoda.
24 (g) (f) "Nongame
fish" includes all kinds of fish except
25 game fish.
26 (h) (g) "Nonresident"
means a person who is not a
27 resident.
1 (i) (h) "Nontrout
streams" means all streams or portions of
2 streams other than trout streams.
3 (j) (i) "Open
season" means the time during which fish may
4 be legally taken or killed and includes both the first and last
5 day of the season or period designated by this part.
6 (k) "Recombinant nucleic acid techniques" means laboratory
7 techniques through which genetic material is isolated and
8 manipulated in vitro and then inserted into an organism.
9 (l) (j) "Reptiles"
means any turtle, snake, or lizard of
10 the class reptilia.
11 (m) (k) "Resident"
means either of the following:
12 (i) A person who resides in a settled or permanent home or
13 domicile with the intention of remaining in this state.
14 (ii) A student who is enrolled in a full-time course at a
15 college or university within this state.
16 (n) (l) "Trout
lake" means a lake designated by the
17 department in which brook trout, brown trout, or rainbow trout
18 are the predominating
species of game fish. found in the lake.
19 The department may designate certain trout lakes in which certain
20 species of fish are not desired and in which it is unlawful to
21 use live fish of any kind for bait.
22 (o) (m) "Trout
stream" means any stream or portion of a
23 stream that contains a significant population of any species of
24 trout or salmon as determined by the department. The department
25 shall designate not more than 212 miles of trout streams in which
26 only lures or baits as the department prescribes may be used in
27 fishing, and the department may prescribe the size and number of
1 fish that may be taken from those trout streams. The department
2 shall not restrict children under 12 years old from taking a
3 minimum of 1 fish, except for sturgeon (Acipenser fulvescens), in
4 any trout stream. Any trout stream in a county that includes a
5 city with a population of 750,000 or more shall be so
6 designated. In addition, the department shall issue an order
7 adopting criteria for determining which trout streams should be
8 so designated. Before the department issues the order, the
9 department shall submit the proposed order to the commission.
10 The commission shall receive public comment on the proposed
11 order. The department shall consider any guidance provided by
12 the commission on the proposed order and may make changes to the
13 proposed order based on that guidance.
14 Sec. 48735. (1) A
Subject to subsection (2), a person
15 shall not take from any of the inland waters of this state any
16 fish in any manner for the purpose of fish culture or scientific
17 investigation without first obtaining a permit from the
18 department, except that a person who is operating a private fish
19 pond may take fish from his or her own pond for the purpose of
20 propagation, scientific investigation, or sale under part 459.
21 (2) The department may issue permits to possess live game
22 fish in public or private ponds, pools, or aquariums under rules
23 and regulations as the department prescribes. This subsection is
24 subject to subsection (5).
25 (3) The department may cause to be taken from the inland
26 waters of this state any species of fish for the purpose of
27 obtaining spawn for fish culture or scientific investigation or
1 for the protection of the inland waters from ecological damage or
2 imbalance. In addition, the department may cause to be taken
3 from the inland waters of this state species of fish that are not
4 required to maintain the fishery resources of the inland waters.
5 All fish taken under this
section subsection shall be taken
6 under the supervision of a deputy of the department appointed for
7 that purpose and in accordance with the regulations of the
8 department of agriculture, and the fish may be sold or
9 transferred by the department.
10 (4) A person shall not import or bring any live game fish,
11 or including viable eggs of any game fish,
from outside of this
12 state except under a permit from the department or under part 459
13 and the rules promulgated in accordance with that part. A person
14 shall not plant any spawn, fry, or fish of any kind in any of the
15 public waters of this state or any other waters under the
16 jurisdiction of this state without first obtaining a permit from
17 the department that states the species, number, and approximate
18 size or age of the spawn, fry, or fish to be planted and the name
19 and location of the waters where the spawn, fry, or fish shall be
20 planted. A permit is not required to plant spawn, fry, or fish
21 furnished by the federal
or state government. All permits This
22 subsection is subject to subsection (5).
23 (5) A permit under subsection (2) or (4) does not include a
24 genetically engineered variant of a species identified in the
25 permit unless the genetically engineered variant is specifically
26 identified in the permit.
27 (6) A permit under this section shall be exhibited upon the
1 request of any law enforcement officer.
2 (7) (2) The
department shall annually report to the
3 legislature all fish sold or transferred pursuant to this part.
4 Sec. 48738. (1) A person who violates this part or rules or
5 orders issued to implement this part, if a penalty is not
6 otherwise provided for that violation in this section, is guilty
7 of a misdemeanor , punishable
by imprisonment for not more than
8 90 days , or a
fine of not more than $500.00, or both.
9 (2) A person convicted of using dynamite, nitroglycerin,
10 lime, electricity, any other explosive substance, or poison for
11 the purpose of taking or killing fish, convicted of using nets
12 not authorized by law for taking game fish, or convicted of
13 buying or selling game fish or any parts of game fish is guilty
14 of a misdemeanor , punishable
by imprisonment for not more than
15 90 days , or a
fine of not less than $250.00 or more than
16 $1,000.00, or both.
17 (3) A person who takes or possesses sturgeon in violation of
18 this part or rules or orders issued to implement this part is
19 guilty of a misdemeanor ,
punishable and shall be punished by
20 imprisonment for not less
than 30 days or more than 180 days ,
21 or and a fine of not less than $500.00 or more
than $2,000.00,
22 or both, and the costs of prosecution.
23 (4) A person who knowingly violates section 48735(2) or (4)
24 or a permit issued under section 48735(2) or (4) with respect to
25 a genetically engineered organism that is a variant of a species
26 is guilty of a felony punishable by imprisonment for not more
27 than 5 years or a fine of not more than $250,000.00, or both. In
1 addition, the person is liable for any damages to the natural
2 resources of this state resulting from the violation.
3 (5) (4) If
a person is convicted of a violation of this
4 part or rules or orders issued to implement this part and it is
5 alleged in the complaint and proved or admitted at trial or
6 ascertained by the court at the time of sentencing that the
7 person had has
been previously convicted 3 or more times of a
8 violation of this part within the 5 years immediately preceding
9 the last violation of this part, the person is guilty of a
10 misdemeanor , punishable
by imprisonment for not more than 90
11 days , or a fine
of not more than $1,000.00, or both, and the
12 costs of prosecution. This subsection does not apply to the
13 following violations:
14 (a) Failing to possess or display a valid fishing license or
15 trout and salmon license issued pursuant to part 435.
16 (b) Taking or possessing an overlimit of bluegill, sunfish,
17 crappie, perch, or nongame fish.
18 (c) Taking or possessing not more than 5 undersized fish.
19 (d) Fishing with too many lines.
20 (e) Failing to attach the person's name and address to
21 tip-ups or minnow traps.
22 (f) Fishing with lines not under immediate control.
23 (6) (5) In
addition to the penalties provided in this
24 section, a fishing license issued to a person sentenced pursuant
25 to subsections subsection
(2), (3), or (4), or (5) shall be
26 revoked, and the person shall not be issued a license during the
27 remainder of the year in which convicted or during the next 3
1 succeeding license years.