SB-1466, As Passed Senate, October 2, 2008
September 10, 2008, Introduced by Senator VAN WOERKOM and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 41301 (MCL 324.41301), as amended by 2005 PA
77.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41301. (1) As used in this part:
(a) "Council" means the invasive species advisory council
created in section 41321.
(b) "Department" means the department of natural resources.
(c) "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.
(d) "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.
(e) "Prohibited aquatic plant species" means any of the
following or fragments or seeds thereof:
(i) African oxygen weed (Lagarosiphon major) or a hybrid or
genetically engineered variant thereof.
(ii) Brazilian elodea (Egeria densa) or a hybrid or genetically
engineered variant thereof.
(iii) European frogbit (Hydrocharis morsus-ranae) or a hybrid or
genetically engineered variant thereof.
(iv) Giant hogweed (Heracleum mantegazzianum) or a hybrid or
genetically engineered variant thereof.
(v) Giant salvinia (Salvinia molesta, auriculata, biloba, or
herzogii) or a hybrid or genetically engineered variant thereof.
(vi) Hydrilla (Hydrilla verticillata) or a hybrid or
genetically engineered variant thereof.
(vii) Japanese knotweed (Fallopia japonica) or a hybrid or
genetically engineered variant thereof.
(viii) Parrot's feather (Myriophyllum aquaticum) or a hybrid or
genetically engineered variant thereof.
(ix) Water chestnut (Trapa natans) or a hybrid or genetically
engineered variant thereof.
(x) Yellow flag iris (Iris pseudacorus) or a hybrid or
genetically
engineered variant thereof.
(x) (xi) Yellow
floating heart (Nymphoides peltata) or a hybrid
or genetically engineered variant thereof.
(f) "Prohibited fish species" means any of the following or
the eggs thereof:
(i) Bighead carp (Hypophthalmichthys nobilis) or a hybrid or
genetically engineered variant thereof.
(ii) Bitterling (Rhodeus sericeus) or a hybrid or genetically
engineered variant thereof.
(iii) Black carp (Mylopharyngodon piceus) or a hybrid or
genetically engineered variant thereof.
(iv) Grass carp (Ctenopharyngodon idellus) or a hybrid or
genetically engineered variant thereof.
(v) Ide (Leuciscus idus) or a hybrid or genetically engineered
variant thereof.
(vi) Japanese weatherfish (Misgurnus anguillicaudatus) or a
hybrid or genetically engineered variant thereof.
(vii) Rudd (Scardinius erythrophthalamus) or a hybrid or
genetically engineered variant thereof.
(viii) Silver carp (Hypophthalmichthys molitrix) or a hybrid or
genetically engineered variant thereof.
(ix) A fish of the snakehead family (family Channidae) or a
genetically engineered variant thereof.
(x) Tench (Tinca tinca) or a hybrid or genetically engineered
variant thereof.
(g) "Prohibited insect species" means any of the following or
the eggs thereof:
(i) Asian longhorned beetle (Anoplophora glabripennis) or a
hybrid or genetically engineered variant thereof.
(ii) Emerald ash borer (Agrilus planipennis) or a hybrid or
genetically engineered variant thereof.
(h) "Prohibited species" means any of the following:
(i) A prohibited aquatic plant species.
(ii) A prohibited fish species.
(iii) A prohibited insect species.
(i) "Recombinant nucleic acid techniques" means laboratory
techniques through which genetic material is isolated and
manipulated in vitro and then inserted into an organism.
(j) "Restricted aquatic plant species" means any of the
following or fragments or seeds thereof:
(i) Curly leaf pondweed (Potamogeton crispus) or a hybrid or
genetically engineered variant thereof.
(ii) Eurasian watermilfoil (Myriophyllum spicatum) or a hybrid
or genetically engineered variant thereof.
(iii) Flowering rush (Butomus umbellatus) or a hybrid or
genetically engineered variant thereof.
(iv) Phragmites or common reed (Phragmites australis) or a
hybrid or genetically engineered variant thereof.
(v) Purple loosestrife (Lythrum salicaria) or a hybrid or
genetically engineered variant thereof, except for cultivars
developed and recognized to be sterile and approved by the director
of agriculture under section 16a of the insect pest and plant
disease act, 1931 PA 189, MCL 286.216a.
(k) "Restricted species" means a restricted aquatic plant
species.
(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.