March 24, 2004, Introduced by Reps. Meyer, Palsrok and Vander Veen and referred to the Committee on Agriculture and Resource Management.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 41305, 45902, and 48702 (MCL 324.41305,
324.45902, and 324.48702), section 41305 as added by 2003 PA 270
and sections 45902 and 48702 as amended by 1996 PA 200.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 41305. (1) Unless authorized by a permit issued by the
2 department under this section or section 48735, a person shall
3 not knowingly release or allow to be released into this state any
4 of the following that is not naturalized in the location of
5 release:
6 (a) A genetically engineered fish.
7 (b) A nonnative fish.
8 (2) Subsection (1) does not apply to activities authorized
9 under the Michigan aquaculture development act, 1996 PA 199, MCL
1 286.871 to 286.884.
2 (3) (2) A
person shall apply for a permit under subsection
3 (1) on a form developed by the department. The application shall
4 be accompanied by a fee established by the department based on
5 the cost of administering this part.
6 (4) (3) The
department may revoke or modify a permit issued
7 under this section after providing an opportunity for a hearing
8 under the administrative procedures act of 1969, 1969 PA 306,
9 MCL 24.201 to 24.328.
10 Sec. 45902. (1) A person shall not propagate, rear, or have
11 in possession for the purpose of offering for sale or selling any
12 kind of game fish unless he or she has applied for and been
13 issued a license as provided in this part. All such licenses are
14 nontransferable and expire on December 31 of the year for which
15 issued. A separate license is required for each place of
16 business where game fish are propagated, reared, or possessed for
17 the purpose of sale or offering for sale.
18 (2) This part does not apply to either of the following:
19 (a) The sale, offering for sale, or possession of dead,
20 fresh, or frozen brook trout, brown trout, or rainbow trout
21 lawfully taken in and exported from another state or country or
22 that have been procured from a licensed dealer within this
23 state.
24 (b) The propagation, rearing, possession, export, import, or
25 sale of game fish pursuant to a registration or permit issued
26 pursuant to under the Michigan aquaculture development act,
27 1996 PA 199, MCL 286.871 to 286.884, or any other activity
1 authorized under that act.
2 Sec. 48702. (1) Except as otherwise provided in
3 subsection (2), all fish, reptiles, amphibians, mollusks, and
4 crustaceans found in this state are the property of the state and
5 may only be taken at times and in a manner as provided in this
6 part.
7 (2) Fish, reptiles, amphibians, mollusks, crustaceans, and
8 any other aquaculture species propagated, reared, produced, or
9 possessed pursuant to a registration or permit issued under the
10 Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
11 286.884, are not the
property of the state. and may be taken,
12 produced, purchased,
acquired, lawfully exported or imported, or
13 possessed only in
compliance with that act. This
part does not
14 apply to the taking, production, purchase, acquisition,
15 possession, export, or import of aquaculture species under the
16 Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
17 286.884, or any other activity authorized under that act.
18 (3) The department shall consider a registration under the
19 Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
20 286.884, as equivalent to a game fish breeders license for
21 purposes of obtaining a planting permit under this part.