HB-4504, As Passed House, June 30, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4504

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 40103, 41102, 41301, and 41302 (MCL 324.40103,

324.41102, 324.41301, and 324.41302), sections 40103 and 41102 as

amended by 2000 PA 191, section 41301 as amended by 2009 PA 51, and

section 41302 as added by 2009 PA 52.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 40103. (1) "Game" means any of the following animals but

does not include privately owned cervidae species located on a

~~registered~~ cervidae livestock facility ~~as that term is defined in~~

that is registered under the privately owned cervidae producers

marketing act, 2000 PA 190, MCL 287.951 to 287.969, or sporting

swine located on a sporting swine livestock operation that is

registered under the sporting swine marketing act:

(a) Badger.

(b) Bear.

(d) Bobcat.

(e) Brant.

(f) Coot.

(g) Coyote.

(h) Crow.

(i) Deer.

(j) Duck.

(k) Elk.

(l) Fisher.

(m) Florida gallinule.

(n) Fox.

(o) Geese.

(p) Hare.

(q) Hungarian partridge.

(r) Marten.

(s) Mink.

(t) Moose.

(u) Muskrat.

(v) Opossum.

(w) Otter.

(x) Pheasant.

(y) Quail.

(z) Rabbit.

(aa) Raccoon.

(bb) Ruffed grouse.

(cc) Sharptailed grouse.

(dd) Skunk.

(ee) Snipe.

(ff) Sora rail.

(gg) Squirrel.

(hh) Weasel.

(ii) Wild turkey.

(jj) Woodchuck.

(kk) Woodcock.

(ll) Virginia rail.

(2) "Interim order of the department" means an order of the

department issued under section 40108.

(3) "Kind" means an animal's sex, age, or physical

characteristics.

(4) "Normal agricultural practices" means generally accepted

agricultural and management practices as defined by the commission

of agriculture and rural development.

(5) "Open season" means the dates during which game may be

legally taken.

(6) "Parts" means any or all portions of an animal, including

the skin, plumage, hide, fur, entire body, or egg of an animal.

(7) "Protected" or "protected animal" means an animal or kind

of animal that is designated by the department as an animal that

shall not be taken.

(8) "Residence" means a permanent building serving as a

temporary or permanent home. Residence may include a cottage,

cabin, or mobile home, but does not include a structure designed

primarily for taking game, a tree blind, a tent, a recreational or

other vehicle, or a camper.

Sec. 41102. (1) The department, in accordance with this part,

may regulate the taking or killing of all fish, game and fur-

bearing animals, and game birds protected by the laws of this

state, and may suspend or abridge the open season provided by law

for the taking or killing of such fish, animals, or game birds in

any designated waters or area of this state, if in the opinion of

the department it is necessary to assist in the increased or better

protection of the fish, game or fur-bearing animals, or game birds,

or any particular kinds or species of fish, game or fur-bearing

animals, or game birds, which may in the opinion of the department

be threatened from any cause or causes with depletion or

extermination in the waters or area. The department may promulgate

rules and orders necessary to implement this part after a thorough

investigation has been made by the department.

(2) This section does not apply to ~~privately~~ either of the

following:

(a) Privately owned cervidae species located on a ~~registered~~

cervidae livestock facility ~~or involved in a registered cervidae~~

~~livestock operation~~ registered under the privately owned cervidae

producers marketing act, 2000 PA 190, MCL 287.951 to 287.969.

(b) Sporting swine located on a sporting swine livestock

operation registered under the sporting swine marketing act.

Sec. 41301. (1) As used in this part:

(a) "Genetically engineered" refers to an organism whose

genome, chromosomal or extrachromosomal, is modified permanently

and heritably, using recombinant nucleic acid techniques, or the

progeny of such an organism.

(b) "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.

of the following:

(i) Any of the following prohibited aquatic plant species,

including a hybrid or genetically engineered variant of the species

or a fragment, including a seed or other propagule, of the species

or of a hybrid or genetically engineered variant:

(A) African oxygen weed (Lagarosiphon major).

(B) Brazilian elodea (Egeria densa).

(D) European frogbit (Hydrocharis morsus-ranae).

(E) Fanwort (Cabomba caroliniana).

(F) Giant hogweed (Heracleum mantegazzianum).

(G) Giant salvinia (Salvinia molesta, auriculata, biloba, or

herzogii).

(H) Hydrilla (Hydrilla verticillata).

(I) Japanese knotweed (Fallopia japonica).

(J) Parrot's feather (Myriophyllum aquaticum).

(K) Starry stonewort (Nitellopsis obtusa).

(L) Water chestnut (Trapa natans).

(M) Yellow floating heart (Nymphoides peltata).

(ii) The following prohibited bird species, including a hybrid

or genetically engineered variant of the species or an egg of the

species or of a hybrid or genetically engineered variant: Eurasian

collared dove (Streptopelia decaocto).

(iii) The following prohibited crustacean species, including a

hybrid or genetically engineered variant of the species or an egg

of the species or of a hybrid or genetically engineered variant:

rusty crayfish (Orconectes rusticus).

(iv) Any of the following prohibited fish species, including a

hybrid or genetically engineered variant of the species or an egg

of the species or of a hybrid or genetically engineered variant:

(A) Bighead carp (Hypophthalmichthys nobilis).

(B) Bitterling (Rhodeus sericeus).

(D) Eurasian ruffe (Gymnocephalus cernuus).

(E) Grass carp (Ctenopharyngodon idellus).

(F) Ide (Leuciscus idus).

(G) Japanese weatherfish (Misgurnus anguillicaudatus).

(H) Round goby (Neogobius melanostomus).

(I) Rudd (Scardinius erythrophthalamus).

(J) Silver carp (Hypophthalmichthys molitrix).

(K) A fish of the snakehead family (family Channidae).

(L) Tench (Tinca tinca).

(M) Tubenose goby (Proterorhinus marmoratus).

(v) Any of the following prohibited insect species, including

a hybrid or genetically engineered variant of the species or an egg

of the species or of a hybrid or genetically engineered variant:

(A) Asian longhorned beetle (Anoplophora glabripennis).

(B) Emerald ash borer (Agrilus planipennis).

(vi) The following prohibited mammal species, including a

hybrid or genetically engineered variant: ~~nutria~~

(A) Feral swine as defined in section 3 of animal industry

act, 1988 PA 466, MCL 287.703.

(B) Nutria (Myocastor coypus).

(vii) Any of the following prohibited mollusk species,

including a hybrid or genetically engineered variant of the species

or an egg of the species or of a hybrid or genetically engineered

variant:

(A) Brown garden snail (Helix aspersa).

(B) Carthusian snail (Monacha cartusiana).

(D) Girdled snail (Hygromia cinctella).

(E) Heath snail (Xerolenta obvia).

(F) Wrinkled dune snail (Candidula intersecta).

(d) "Recombinant nucleic acid techniques" means laboratory

techniques through which genetic material is isolated and

manipulated in vitro and then inserted into an organism.

(e) "Restricted species", subject to section 41302, means any

of the following:

(i) Any of the following restricted aquatic plant species,

including a hybrid or genetically engineered variant of the species

or a fragment, including a seed or other propagule, of the species

or of a hybrid or genetically engineered variant:

(A) Curly leaf pondweed (Potamogeton crispus).

(B) Eurasian watermilfoil (Myriophyllum spicatum).

(D) Phragmites or common reed (Phragmites australis).

(E) Purple loosestrife (Lythrum salicaria), except that

cultivars of purple loosestrife developed and recognized to be

sterile and approved by the director of the department of

agriculture and rural development under section 16a of the insect

pest and plant disease act, 1931 PA 189, MCL 286.216a, are not a

restricted species.

(ii) Any of the following restricted mollusk species, including

a hybrid or genetically engineered variant of the species or an egg

of the species or of a hybrid or genetically engineered variant:

(A) Quagga mussel (Dreissena bugensis).

(B) Zebra mussel (Dreissena polymorpha).

(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.

the possession is for the purpose of promptly destroying the

organism.

Sec. 41302. (1) ~~The commission of~~ Except as provided in

subsection (4), the natural resources commission may, by order, add

to or delete from the list of prohibited species or restricted

species under section 41301 any species other than an insect or

plant species. Before issuing an order under this subsection, the

~~commission of~~ natural resources commission shall consult with the

department of agriculture and rural development. After the

consultation, and at least 30 days before the ~~commission of~~ natural

resources commission issues the order, the department of natural

resources shall post a copy of the proposed order on the department

of natural resources' website and shall submit a copy of the

proposed order to all of the following:

(a) The legislature.

(b) The standing committees of the senate and house of

representatives with primary responsibility for any of the

following:

(i) Agricultural issues.

(ii) Environmental issues.

(iii) Natural resources issues.

(2) The commission of agriculture and rural development may,

by order, add to or delete from the list of prohibited species or

restricted species under section 41301 any insect or plant species.

Before issuing an order under this subsection, the commission of

agriculture and rural development shall consult with the department

of natural resources. After the consultation, and at least 30 days

before the commission of agriculture and rural development issues

the order, the department of agriculture and rural development

shall post a copy of the proposed order on the department of

~~agriculture's~~ agriculture and rural development's website and shall

submit a copy of the proposed order to all of the following:

(a) The legislature.

(b) The standing committees of the senate and house of

representatives with primary responsibility for any of the

following:

(i) Agricultural issues.

(ii) Environmental issues.

(iii) Natural resources issues.

(3) The ~~commission of~~ natural resources commission or the

commission of agriculture and rural development, as applicable,

shall list a species as a prohibited species or restricted species

if the ~~commission of~~ natural resources commission or commission of

agriculture and rural development, respectively, determines the

following:

(a) For a prohibited species, all of the following

requirements are met:

(i) The organism is not native to this state.

(ii) The organism is not naturalized in this state or, if

naturalized, is not widely distributed in this state.

(iii) One or more of the following apply:

(A) The organism has the potential to harm human health or to

severely harm natural, agricultural, or silvicultural resources.

(B) Effective management or control techniques for the

organism are not available.

(b) For a restricted species, all of the following

requirements are met:

(i) The organism is not native to this state.

(ii) The organism is naturalized and widely distributed in this

state.

(iii) One or more of the following apply:

(A) The organism has the potential to harm human health or to

harm natural, agricultural, or silvicultural resources.

(B) Effective management or control techniques for the

organism are available.

(4) Notwithstanding any other provision of this section, the

natural resources commission shall not list as a prohibited or

restricted species sporting swine regulated under the sporting

swine marketing act. The department of natural resources shall not

enforce any order under this part that is inconsistent with this

subsection.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 96th Legislature are

enacted into law:

(a) House Bill No. 4503.

(b) House Bill No. 4505.

(d) House Bill No. 4699.