| 1 | 1 | | SENATE BILL NO. 1140 A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 41301, 41303, 41305, 41309, 41311, and 41323 (MCL 324.41301, 324.41303, 324.41305, 324.41309, 324.41311, and 324.41323), sections 41301 and 41303 as amended by 2018 PA 451, section 41305 as amended by 2014 PA 537, section 41309 as amended by 2014 PA 541, sections 41311 and 41323 as amended by 2009 PA 52. the people of the state of michigan enact: Sec. 41301. (1) As used in this part: (a) "Amphibian" means any frog, toad, or salamander of the class Amphibia. (b) "Aquatic", except as used in subdivision (q), describes an amphibian, crustacean, fish, mollusk, reptile, wiggler, or aquatic plant. (c) "Aquatic plant" means a submergent, emergent, obligate wetland, facultative wetland, or floating-leaf plant or a fragment thereof, including a seed or other propagule. Aquatic plant does not include wild rice (Zizania aquatica or Zizania palustris). (d) "Crustacean" means freshwater crayfish, shrimp, or prawn of the order Decapoda. (e) "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. (f) "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. (g) "Mollusk" means any mollusk of the classes Bivalvia and Gastropoda. (h) "Native" means indigenous to any location in this state. (i) "Nonaquatic" describes a bird, insect other than a wiggler, or mammal. (j) "Nonnative" means not native. (k) "Prohibited species", subject to section 41302, means any of the following: (i) Any of the following prohibited species of aquatic plant, including a hybrid or genetically engineered variant of the species: (A) African oxygen weed (Lagarosiphon major). (B) Brazilian elodea (Egeria densa). (C) Cylindro (Cylindrospermopsis raciborskii). (D) European frogbit (Hydrocharis morsus-ranae). (E) Fanwort (Cabomba caroliniana). (F) Giant salvinia (Salvinia molesta, auriculata, biloba, or herzogii). (G) Hydrilla (Hydrilla verticillata). (H) Parrot's feather (Myriophyllum aquaticum). (I) Starry stonewort (Nitellopsis obtusa). (J) Water chestnut (Trapa natans). (K) Yellow floating heart (Nymphoides peltata). (ii) Any of the following prohibited species of terrestrial plant, 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) Giant hogweed (Heracleum mantegazzianum). (B) Japanese knotweed (Fallopia japonica). (iii) 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). (iv) 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 (Faxonious resticus, formerly Orconectes rusticus). (v) 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). (C) Black carp (Mylopharyngodon piceus). (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 erythrophthalmus). (J) Silver carp (Hypophthalmichthys molitrix). (K) A fish of the snakehead family (family Channidae). (L) Tench (Tinca tinca). (M) Tubenose goby (Proterorhinus marmoratus). (vi) 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). (vii) The following prohibited mammal species, including a hybrid or genetically engineered variant: nutria (Myocastor coypus). (viii) 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). (C) Giant African snail (Achatina fulica). (D) Girdled snail (Hygromia cinctella). (E) Heath snail (Xerolenta obvia). (F) Wrinkled dune snail (Candidula intersecta). (ix) Any species of the prohibited reptile order Crocodilia. (l) "Recombinant nucleic acid techniques" means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism. (m) "Relevant commission", "relevant department", or "relevant director" means the following: (i) With respect to a species other than a plant or insect, but including a wiggler, the natural resources commission, department of natural resources, or the director of the department of natural resources, respectively. (ii) With respect to a plant species or insect species, other than a wiggler, the commission of agriculture and rural development, the department of agriculture and rural development, or the director of the department of agriculture and rural development, respectively. (n) "Reptile" means any crocodilian, turtle, snake, or lizard of the class Reptilia. (o) "Restricted species", subject to section 41302, means any of the following: (i) Any of the following restricted species of aquatic plant, including a hybrid or genetically engineered variant of the species: (A) Curly leaf pondweed (Potamogeton crispus). (B) Eurasian watermilfoil (Myriophyllum spicatum). (C) Flowering rush (Butomus umbellatus). (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) The following restricted species of terrestrial plant, 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: autumn olive (Elaeagnus umbellata). (iii) 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). (p) "Watercraft" means any conveyance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. (q) "Wiggler" means an aquatic egg, nymph, or larva of an insect. (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. Sec. 41303. (1) A person shall not knowingly possess a live organism if the organism is a prohibited species or restricted species, except under 1 or more of the following circumstances: (a) The person intends to present a specimen of the prohibited species or restricted species, for identification or similar purposes, to a person who is a certified applicator or registered applicator under part 83, to a public or private institution of higher education, or to the department of natural resources, the department of agriculture and rural development, or any other state, local, or federal agency with responsibility for the environment, natural resources, or agriculture. (b) The person has been presented with a specimen of a prohibited species or restricted species for identification or similar purposes under subdivision (a). (c) The person possesses the prohibited species or restricted species in conjunction with otherwise lawful activity to eradicate or control the prohibited species or restricted species. (d) The possession is pursuant to a permit issued for education or research purposes by the relevant department under section 41306 or, if the prohibited species or restricted species is a plant species or an insect other than a wiggler, by the United States Department of Agriculture. (e) The species is an aquatic restricted species and the person possesses the species in compliance with an order under section 41302(6). (f) The organism is a crocodilian that was in possession in this state on the effective date of the amendatory act that added this subdivision and, beginning 180 days after that effective date, the possession is pursuant to a permit issued by the department of natural resources under section 41306. (2) A person described in subsection (1)(b) or (c) shall notify the department of natural resources, the department of agriculture and rural development, or the department of environmental quality if the prohibited species or restricted species was found at a location where it was not previously known to be present. Sec. 41305. A person shall not introduce a prohibited species, a restricted species, or a genetically engineered or nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant unless the introduction is authorized by 1 of the following, as applicable: (a) For a fish, by a permit issued by the department of natural resources under section 48735. (b) For a plant or an insect other than a wiggler, by a permit issued by the department of agriculture and rural development under section 41306. (c) For any other species, by a permit issued by the department of natural resources under section 41306. Sec. 41309. (1) A person who violates section 41303(2) is subject to a civil fine of not more than $100.00. (2) A person who violates section 41303(1), or a condition of a permit issued under this part, with respect to a restricted species is subject to a civil fine of not more than $5,000.00. A person who violates section 41303(1), or a condition of a permit issued under this part, with respect to a prohibited species is subject to a civil fine of not more than $10,000.00. (3) A person who violates section 41303(1) knowing the possession is unlawful or who willfully or in a grossly negligent manner violates a condition of a permit issued under this part is guilty as follows: (a) For a violation involving a restricted species, the person is guilty of a misdemeanor and may be imprisoned for not more than 1 year and shall be fined not less than $1,000.00 or more than $10,000.00. (b) For a violation involving a prohibited species that is not an aquatic species, the person is guilty of a felony and may be imprisoned for not more than 2 years and shall be fined not less than $2,000.00 or more than $20,000.00. (c) For a violation involving a prohibited species that is an aquatic species, the person is guilty of a felony and may be imprisoned for not more than 3 years and shall be fined not less than $2,000.00 or more than $100,000.00. (4) A person who, with intent to damage natural, agricultural, or silvicultural resources or human health: (a) Violates section 41303(1) with respect to a restricted species or possesses a nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant is guilty of a felony and may be imprisoned for not more than 2 years and shall be fined not less than $1,000.00 or more than $250,000.00. (b) Violates section 41303(1) with respect to a prohibited species or possesses a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant is guilty of a felony and may be imprisoned for not more than 4 years and shall be fined not less than $2,000.00 or more than $500,000.00. (5) A person who sells or offers to sell a restricted species is subject to a civil fine of not less than $1,000.00 or more than $10,000.00. A person who sells or offers to sell a prohibited species or who violates section 41303(3) is subject to a civil fine of not less than $2,000.00 or more than $20,000.00. (6) A person who violates section 41305 is guilty as follows: (a) For a violation involving a restricted species or a nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a misdemeanor and may be imprisoned for not more than 6 months and shall be fined not less than $500.00 or more than $5,000.00. (b) For a violation involving a prohibited species or a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a misdemeanor and may be imprisoned for not more than 1 year and shall be fined not less than $1,000.00 or more than $10,000.00. (7) A person who violates section 41305 with respect to a restricted species or nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant and who has actual or constructive knowledge of the identity of the restricted species or that the organism, whether a restricted species or other bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, is nonnative is guilty of a misdemeanor and may be imprisoned for not more than 1 year and shall be fined not less than $1,000.00 or more than $10,000.00. (8) A person who violates section 41305 with respect to a prohibited species that is not an aquatic species or with respect to a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant and who has actual or constructive knowledge of the identity of the prohibited species or that the bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant is genetically engineered, respectively, is guilty of a felony and may be imprisoned for not more than 2 years and shall be fined not less than $2,000.00 or more than $20,000.00. (9) A person who violates section 41305 with respect to a prohibited species that is an aquatic species and who has actual or constructive knowledge of the identity of the prohibited species is guilty of a felony and may be imprisoned for not more than 3 years and shall be fined not less than $2,000.00 or more than $100,000.00. (10) A person who violates section 41305 knowing the introduction is unlawful, is guilty as follows: (a) For a violation involving a restricted species or nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a felony and may be imprisoned for not more than 2 years and shall be fined not less than $1,000.00 or more than $250,000.00. (b) For a violation involving a prohibited species or a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a felony and may be imprisoned for not more than 4 years and shall be fined not less than $2,000.00 or more than $500,000.00. (11) A person who, with intent to damage natural, agricultural, or silvicultural resources or human health, violates section 41305 is guilty as follows: (a) For a violation involving a restricted species or nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a felony and may be imprisoned for not more than 3 years and shall be fined not less than $1,000.00 or more than $500,000.00. (b) For a violation involving a prohibited species or a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a felony and may be imprisoned for not more than 5 years and shall be fined not less than $2,000.00 or more than $1,000,000.00. (12) If a person commits a criminal violation of this part or a rule promulgated or permit issued under this part or knowingly commits a violation described in subsection (5) and if the violation involves a prohibited species that is an aquatic species, the court shall order that any permit or license issued to the person under part 473 or 487 be suspended for 1 year, and that the person is not eligible to be issued any permit or license under part 473 or 487 for 1 year. If the remaining term of an existing permit or license under part 473 or 487 is less than 1 year, the court shall order that the permit or license be revoked and that the person is not eligible to be issued any permit or license under part 473 or 487 for 1 year. For a second violation described in this subsection, the court shall order that any permit or license issued to the person under part 473 or 487 be revoked and that the person is permanently ineligible to be issued any permit or license under part 473 or 487. An order under this subsection is self-effectuating. The clerk of the court shall send a copy of the order to the department of natural resources. (13) In addition to any other civil or criminal sanction imposed under this section, a person who violates this part is liable for any damages to natural resources resulting from the violation, including, but not limited to, costs incurred to prevent or minimize such damages. (14) This part does not apply to activities authorized under the Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to 286.884. Sec. 41311. (1) The invasive species fund is created within the state treasury. (2) The department of natural resources and the department of agriculture and rural development shall forward to the state treasurer and the state treasurer shall deposit into the fund civil fines collected under section 41309 and permit fees collected under section 41306. The state treasurer may receive money or other assets from any other source for deposit into the fund. The state treasurer shall direct the investment of money in the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. (3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. (4) The department of natural resources and the department of agriculture and rural development shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes: (a) The administration of this part, consistent with section 41306(4). (b) Public education about preventing the introduction of, controlling, or eradicating prohibited species, restricted species, and other nonnative species and genetically engineered aquatic plants, birds, crustaceans, fish, insects, mammals, and mollusks, and reptiles. Sec. 41323. (1) The department of natural resources shall do all of the following: (a) By March 1 of each year, submit to the governor and the legislature a report that makes recommendations on all of the following: (i) Additions to or deletions from the classes of genetically engineered or nonnative organisms covered by this part. (ii) The status of various prohibited species and other problematic invasive species in this state, including, but not limited to, a list of infested waterbodies by species. (iii) Preventing the introduction of and controlling or eradicating invasive species or genetically engineered aquatic plants, birds, crustaceans, fish, insects, mammals, or mollusks, and reptiles. (iv) Restoration or remediation of habitats or species damaged by invasive species or genetically engineered organisms. (v) Prioritizing efforts to prevent violations of and otherwise further the purposes of this part. (vi) The specific areas of responsibility for various state departments under this part and the sharing of information on permits under this part among responsible state departments. (vii) Educating citizens about their responsibilities under this part and their role in preventing the introduction of and controlling or eradicating prohibited species, restricted species, invasive species, and genetically engineered aquatic plants, birds, crustaceans, fish, insects, mammals, or mollusks, and reptiles. (viii) Simplifying citizen access to state government for compliance with this part. (ix) Legislation and funding to carry out the recommendations of the department of natural resources and otherwise further the purposes of this part. (x) Other matters that the department of natural resources considers pertinent to the purposes of this part. (b) Establish criteria for identifying waterbodies infested by prohibited species. (c) Monitor and promote efforts to rescind the exemption under 40 CFR 122.3(a) for ballast water discharges. (2) The department of natural resources shall carry out its reporting and other duties under this section in cooperation with the aquatic nuisance species council created under Executive Order No. 2002-21 and the department of agriculture and rural development. |
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| 21 | 21 | | SENATE BILL NO. 1140 |
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| 24 | 24 | | |
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| 25 | 25 | | A bill to amend 1994 PA 451, entitled |
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| 26 | 26 | | |
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| 27 | 27 | | "Natural resources and environmental protection act," |
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| 28 | 28 | | |
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| 29 | 29 | | by amending sections 41301, 41303, 41305, 41309, 41311, and 41323 (MCL 324.41301, 324.41303, 324.41305, 324.41309, 324.41311, and 324.41323), sections 41301 and 41303 as amended by 2018 PA 451, section 41305 as amended by 2014 PA 537, section 41309 as amended by 2014 PA 541, sections 41311 and 41323 as amended by 2009 PA 52. |
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| 31 | 31 | | the people of the state of michigan enact: |
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| 32 | 32 | | |
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| 33 | 33 | | Sec. 41301. (1) As used in this part: |
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| 35 | 35 | | (a) "Amphibian" means any frog, toad, or salamander of the class Amphibia. |
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| 36 | 36 | | |
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| 37 | 37 | | (b) "Aquatic", except as used in subdivision (q), describes an amphibian, crustacean, fish, mollusk, reptile, wiggler, or aquatic plant. |
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| 38 | 38 | | |
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| 39 | 39 | | (c) "Aquatic plant" means a submergent, emergent, obligate wetland, facultative wetland, or floating-leaf plant or a fragment thereof, including a seed or other propagule. Aquatic plant does not include wild rice (Zizania aquatica or Zizania palustris). |
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| 41 | 41 | | (d) "Crustacean" means freshwater crayfish, shrimp, or prawn of the order Decapoda. |
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| 43 | 43 | | (e) "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. |
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| 44 | 44 | | |
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| 45 | 45 | | (f) "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. |
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| 46 | 46 | | |
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| 47 | 47 | | (g) "Mollusk" means any mollusk of the classes Bivalvia and Gastropoda. |
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| 49 | 49 | | (h) "Native" means indigenous to any location in this state. |
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| 51 | 51 | | (i) "Nonaquatic" describes a bird, insect other than a wiggler, or mammal. |
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| 52 | 52 | | |
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| 53 | 53 | | (j) "Nonnative" means not native. |
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| 54 | 54 | | |
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| 55 | 55 | | (k) "Prohibited species", subject to section 41302, means any of the following: |
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| 57 | 57 | | (i) Any of the following prohibited species of aquatic plant, including a hybrid or genetically engineered variant of the species: |
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| 59 | 59 | | (A) African oxygen weed (Lagarosiphon major). |
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| 61 | 61 | | (B) Brazilian elodea (Egeria densa). |
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| 63 | 63 | | (C) Cylindro (Cylindrospermopsis raciborskii). |
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| 65 | 65 | | (D) European frogbit (Hydrocharis morsus-ranae). |
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| 67 | 67 | | (E) Fanwort (Cabomba caroliniana). |
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| 69 | 69 | | (F) Giant salvinia (Salvinia molesta, auriculata, biloba, or herzogii). |
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| 71 | 71 | | (G) Hydrilla (Hydrilla verticillata). |
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| 73 | 73 | | (H) Parrot's feather (Myriophyllum aquaticum). |
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| 75 | 75 | | (I) Starry stonewort (Nitellopsis obtusa). |
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| 77 | 77 | | (J) Water chestnut (Trapa natans). |
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| 79 | 79 | | (K) Yellow floating heart (Nymphoides peltata). |
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| 81 | 81 | | (ii) Any of the following prohibited species of terrestrial plant, 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: |
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| 83 | 83 | | (A) Giant hogweed (Heracleum mantegazzianum). |
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| 85 | 85 | | (B) Japanese knotweed (Fallopia japonica). |
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| 87 | 87 | | (iii) 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). |
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| 89 | 89 | | (iv) 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 (Faxonious resticus, formerly Orconectes rusticus). |
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| 91 | 91 | | (v) 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: |
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| 93 | 93 | | (A) Bighead carp (Hypophthalmichthys nobilis). |
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| 95 | 95 | | (B) Bitterling (Rhodeus sericeus). |
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| 97 | 97 | | (C) Black carp (Mylopharyngodon piceus). |
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| 99 | 99 | | (D) Eurasian ruffe (Gymnocephalus cernuus). |
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| 101 | 101 | | (E) Grass carp (Ctenopharyngodon idellus). |
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| 103 | 103 | | (F) Ide (Leuciscus idus). |
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| 105 | 105 | | (G) Japanese weatherfish (Misgurnus anguillicaudatus). |
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| 107 | 107 | | (H) Round goby (Neogobius melanostomus). |
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| 109 | 109 | | (I) Rudd (Scardinius erythrophthalmus). |
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| 111 | 111 | | (J) Silver carp (Hypophthalmichthys molitrix). |
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| 113 | 113 | | (K) A fish of the snakehead family (family Channidae). |
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| 115 | 115 | | (L) Tench (Tinca tinca). |
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| 117 | 117 | | (M) Tubenose goby (Proterorhinus marmoratus). |
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| 119 | 119 | | (vi) 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: |
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| 121 | 121 | | (A) Asian longhorned beetle (Anoplophora glabripennis). |
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| 123 | 123 | | (B) Emerald ash borer (Agrilus planipennis). |
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| 124 | 124 | | |
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| 125 | 125 | | (vii) The following prohibited mammal species, including a hybrid or genetically engineered variant: nutria (Myocastor coypus). |
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| 127 | 127 | | (viii) 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: |
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| 129 | 129 | | (A) Brown garden snail (Helix aspersa). |
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| 131 | 131 | | (B) Carthusian snail (Monacha cartusiana). |
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| 133 | 133 | | (C) Giant African snail (Achatina fulica). |
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| 134 | 134 | | |
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| 135 | 135 | | (D) Girdled snail (Hygromia cinctella). |
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| 136 | 136 | | |
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| 137 | 137 | | (E) Heath snail (Xerolenta obvia). |
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| 138 | 138 | | |
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| 139 | 139 | | (F) Wrinkled dune snail (Candidula intersecta). |
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| 140 | 140 | | |
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| 141 | 141 | | (ix) Any species of the prohibited reptile order Crocodilia. |
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| 142 | 142 | | |
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| 143 | 143 | | (l) "Recombinant nucleic acid techniques" means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism. |
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| 144 | 144 | | |
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| 145 | 145 | | (m) "Relevant commission", "relevant department", or "relevant director" means the following: |
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| 146 | 146 | | |
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| 147 | 147 | | (i) With respect to a species other than a plant or insect, but including a wiggler, the natural resources commission, department of natural resources, or the director of the department of natural resources, respectively. |
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| 148 | 148 | | |
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| 149 | 149 | | (ii) With respect to a plant species or insect species, other than a wiggler, the commission of agriculture and rural development, the department of agriculture and rural development, or the director of the department of agriculture and rural development, respectively. |
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| 150 | 150 | | |
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| 151 | 151 | | (n) "Reptile" means any crocodilian, turtle, snake, or lizard of the class Reptilia. |
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| 152 | 152 | | |
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| 153 | 153 | | (o) "Restricted species", subject to section 41302, means any of the following: |
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| 154 | 154 | | |
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| 155 | 155 | | (i) Any of the following restricted species of aquatic plant, including a hybrid or genetically engineered variant of the species: |
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| 156 | 156 | | |
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| 157 | 157 | | (A) Curly leaf pondweed (Potamogeton crispus). |
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| 158 | 158 | | |
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| 159 | 159 | | (B) Eurasian watermilfoil (Myriophyllum spicatum). |
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| 160 | 160 | | |
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| 161 | 161 | | (C) Flowering rush (Butomus umbellatus). |
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| 162 | 162 | | |
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| 163 | 163 | | (D) Phragmites or common reed (Phragmites australis). |
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| 164 | 164 | | |
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| 165 | 165 | | (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. |
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| 166 | 166 | | |
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| 167 | 167 | | (ii) The following restricted species of terrestrial plant, 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: autumn olive (Elaeagnus umbellata). |
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| 168 | 168 | | |
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| 169 | 169 | | (iii) 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: |
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| 170 | 170 | | |
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| 171 | 171 | | (A) Quagga mussel (Dreissena bugensis). |
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| 172 | 172 | | |
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| 173 | 173 | | (B) Zebra mussel (Dreissena polymorpha). |
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| 174 | 174 | | |
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| 175 | 175 | | (p) "Watercraft" means any conveyance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. |
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| 176 | 176 | | |
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| 177 | 177 | | (q) "Wiggler" means an aquatic egg, nymph, or larva of an insect. |
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| 178 | 178 | | |
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| 179 | 179 | | (2) For the purposes of this part: |
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| 180 | 180 | | |
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| 181 | 181 | | (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. |
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| 182 | 182 | | |
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| 183 | 183 | | (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. |
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| 184 | 184 | | |
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| 185 | 185 | | (c) A person is not considered to possess a live organism if the possession is for the purpose of promptly destroying the organism. |
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| 186 | 186 | | |
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| 187 | 187 | | Sec. 41303. (1) A person shall not knowingly possess a live organism if the organism is a prohibited species or restricted species, except under 1 or more of the following circumstances: |
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| 188 | 188 | | |
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| 189 | 189 | | (a) The person intends to present a specimen of the prohibited species or restricted species, for identification or similar purposes, to a person who is a certified applicator or registered applicator under part 83, to a public or private institution of higher education, or to the department of natural resources, the department of agriculture and rural development, or any other state, local, or federal agency with responsibility for the environment, natural resources, or agriculture. |
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| 190 | 190 | | |
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| 191 | 191 | | (b) The person has been presented with a specimen of a prohibited species or restricted species for identification or similar purposes under subdivision (a). |
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| 192 | 192 | | |
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| 193 | 193 | | (c) The person possesses the prohibited species or restricted species in conjunction with otherwise lawful activity to eradicate or control the prohibited species or restricted species. |
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| 194 | 194 | | |
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| 195 | 195 | | (d) The possession is pursuant to a permit issued for education or research purposes by the relevant department under section 41306 or, if the prohibited species or restricted species is a plant species or an insect other than a wiggler, by the United States Department of Agriculture. |
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| 196 | 196 | | |
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| 197 | 197 | | (e) The species is an aquatic restricted species and the person possesses the species in compliance with an order under section 41302(6). |
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| 198 | 198 | | |
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| 199 | 199 | | (f) The organism is a crocodilian that was in possession in this state on the effective date of the amendatory act that added this subdivision and, beginning 180 days after that effective date, the possession is pursuant to a permit issued by the department of natural resources under section 41306. |
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| 200 | 200 | | |
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| 201 | 201 | | (2) A person described in subsection (1)(b) or (c) shall notify the department of natural resources, the department of agriculture and rural development, or the department of environmental quality if the prohibited species or restricted species was found at a location where it was not previously known to be present. |
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| 202 | 202 | | |
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| 203 | 203 | | Sec. 41305. A person shall not introduce a prohibited species, a restricted species, or a genetically engineered or nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant unless the introduction is authorized by 1 of the following, as applicable: |
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| 204 | 204 | | |
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| 205 | 205 | | (a) For a fish, by a permit issued by the department of natural resources under section 48735. |
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| 206 | 206 | | |
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| 207 | 207 | | (b) For a plant or an insect other than a wiggler, by a permit issued by the department of agriculture and rural development under section 41306. |
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| 208 | 208 | | |
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| 209 | 209 | | (c) For any other species, by a permit issued by the department of natural resources under section 41306. |
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| 210 | 210 | | |
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| 211 | 211 | | Sec. 41309. (1) A person who violates section 41303(2) is subject to a civil fine of not more than $100.00. |
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| 212 | 212 | | |
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| 213 | 213 | | (2) A person who violates section 41303(1), or a condition of a permit issued under this part, with respect to a restricted species is subject to a civil fine of not more than $5,000.00. A person who violates section 41303(1), or a condition of a permit issued under this part, with respect to a prohibited species is subject to a civil fine of not more than $10,000.00. |
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| 214 | 214 | | |
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| 215 | 215 | | (3) A person who violates section 41303(1) knowing the possession is unlawful or who willfully or in a grossly negligent manner violates a condition of a permit issued under this part is guilty as follows: |
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| 216 | 216 | | |
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| 217 | 217 | | (a) For a violation involving a restricted species, the person is guilty of a misdemeanor and may be imprisoned for not more than 1 year and shall be fined not less than $1,000.00 or more than $10,000.00. |
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| 218 | 218 | | |
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| 219 | 219 | | (b) For a violation involving a prohibited species that is not an aquatic species, the person is guilty of a felony and may be imprisoned for not more than 2 years and shall be fined not less than $2,000.00 or more than $20,000.00. |
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| 220 | 220 | | |
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| 221 | 221 | | (c) For a violation involving a prohibited species that is an aquatic species, the person is guilty of a felony and may be imprisoned for not more than 3 years and shall be fined not less than $2,000.00 or more than $100,000.00. |
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| 222 | 222 | | |
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| 223 | 223 | | (4) A person who, with intent to damage natural, agricultural, or silvicultural resources or human health: |
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| 224 | 224 | | |
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| 225 | 225 | | (a) Violates section 41303(1) with respect to a restricted species or possesses a nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant is guilty of a felony and may be imprisoned for not more than 2 years and shall be fined not less than $1,000.00 or more than $250,000.00. |
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| 226 | 226 | | |
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| 227 | 227 | | (b) Violates section 41303(1) with respect to a prohibited species or possesses a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant is guilty of a felony and may be imprisoned for not more than 4 years and shall be fined not less than $2,000.00 or more than $500,000.00. |
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| 228 | 228 | | |
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| 229 | 229 | | (5) A person who sells or offers to sell a restricted species is subject to a civil fine of not less than $1,000.00 or more than $10,000.00. A person who sells or offers to sell a prohibited species or who violates section 41303(3) is subject to a civil fine of not less than $2,000.00 or more than $20,000.00. |
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| 230 | 230 | | |
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| 231 | 231 | | (6) A person who violates section 41305 is guilty as follows: |
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| 232 | 232 | | |
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| 233 | 233 | | (a) For a violation involving a restricted species or a nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a misdemeanor and may be imprisoned for not more than 6 months and shall be fined not less than $500.00 or more than $5,000.00. |
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| 234 | 234 | | |
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| 235 | 235 | | (b) For a violation involving a prohibited species or a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a misdemeanor and may be imprisoned for not more than 1 year and shall be fined not less than $1,000.00 or more than $10,000.00. |
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| 236 | 236 | | |
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| 237 | 237 | | (7) A person who violates section 41305 with respect to a restricted species or nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant and who has actual or constructive knowledge of the identity of the restricted species or that the organism, whether a restricted species or other bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, is nonnative is guilty of a misdemeanor and may be imprisoned for not more than 1 year and shall be fined not less than $1,000.00 or more than $10,000.00. |
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| 238 | 238 | | |
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| 239 | 239 | | (8) A person who violates section 41305 with respect to a prohibited species that is not an aquatic species or with respect to a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant and who has actual or constructive knowledge of the identity of the prohibited species or that the bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant is genetically engineered, respectively, is guilty of a felony and may be imprisoned for not more than 2 years and shall be fined not less than $2,000.00 or more than $20,000.00. |
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| 240 | 240 | | |
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| 241 | 241 | | (9) A person who violates section 41305 with respect to a prohibited species that is an aquatic species and who has actual or constructive knowledge of the identity of the prohibited species is guilty of a felony and may be imprisoned for not more than 3 years and shall be fined not less than $2,000.00 or more than $100,000.00. |
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| 242 | 242 | | |
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| 243 | 243 | | (10) A person who violates section 41305 knowing the introduction is unlawful, is guilty as follows: |
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| 244 | 244 | | |
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| 245 | 245 | | (a) For a violation involving a restricted species or nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a felony and may be imprisoned for not more than 2 years and shall be fined not less than $1,000.00 or more than $250,000.00. |
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| 246 | 246 | | |
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| 247 | 247 | | (b) For a violation involving a prohibited species or a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a felony and may be imprisoned for not more than 4 years and shall be fined not less than $2,000.00 or more than $500,000.00. |
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| 248 | 248 | | |
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| 249 | 249 | | (11) A person who, with intent to damage natural, agricultural, or silvicultural resources or human health, violates section 41305 is guilty as follows: |
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| 250 | 250 | | |
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| 251 | 251 | | (a) For a violation involving a restricted species or nonnative bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a felony and may be imprisoned for not more than 3 years and shall be fined not less than $1,000.00 or more than $500,000.00. |
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| 252 | 252 | | |
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| 253 | 253 | | (b) For a violation involving a prohibited species or a genetically engineered bird, crustacean, fish, insect, mammal, mollusk, reptile, or aquatic plant, the person is guilty of a felony and may be imprisoned for not more than 5 years and shall be fined not less than $2,000.00 or more than $1,000,000.00. |
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| 254 | 254 | | |
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| 255 | 255 | | (12) If a person commits a criminal violation of this part or a rule promulgated or permit issued under this part or knowingly commits a violation described in subsection (5) and if the violation involves a prohibited species that is an aquatic species, the court shall order that any permit or license issued to the person under part 473 or 487 be suspended for 1 year, and that the person is not eligible to be issued any permit or license under part 473 or 487 for 1 year. If the remaining term of an existing permit or license under part 473 or 487 is less than 1 year, the court shall order that the permit or license be revoked and that the person is not eligible to be issued any permit or license under part 473 or 487 for 1 year. For a second violation described in this subsection, the court shall order that any permit or license issued to the person under part 473 or 487 be revoked and that the person is permanently ineligible to be issued any permit or license under part 473 or 487. An order under this subsection is self-effectuating. The clerk of the court shall send a copy of the order to the department of natural resources. |
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| 256 | 256 | | |
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| 257 | 257 | | (13) In addition to any other civil or criminal sanction imposed under this section, a person who violates this part is liable for any damages to natural resources resulting from the violation, including, but not limited to, costs incurred to prevent or minimize such damages. |
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| 258 | 258 | | |
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| 259 | 259 | | (14) This part does not apply to activities authorized under the Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to 286.884. |
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| 260 | 260 | | |
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| 261 | 261 | | Sec. 41311. (1) The invasive species fund is created within the state treasury. |
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| 262 | 262 | | |
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| 263 | 263 | | (2) The department of natural resources and the department of agriculture and rural development shall forward to the state treasurer and the state treasurer shall deposit into the fund civil fines collected under section 41309 and permit fees collected under section 41306. The state treasurer may receive money or other assets from any other source for deposit into the fund. The state treasurer shall direct the investment of money in the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. |
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| 264 | 264 | | |
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| 265 | 265 | | (3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. |
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| 266 | 266 | | |
|---|
| 267 | 267 | | (4) The department of natural resources and the department of agriculture and rural development shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes: |
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| 268 | 268 | | |
|---|
| 269 | 269 | | (a) The administration of this part, consistent with section 41306(4). |
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| 270 | 270 | | |
|---|
| 271 | 271 | | (b) Public education about preventing the introduction of, controlling, or eradicating prohibited species, restricted species, and other nonnative species and genetically engineered aquatic plants, birds, crustaceans, fish, insects, mammals, and mollusks, and reptiles. |
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| 272 | 272 | | |
|---|
| 273 | 273 | | Sec. 41323. (1) The department of natural resources shall do all of the following: |
|---|
| 274 | 274 | | |
|---|
| 275 | 275 | | (a) By March 1 of each year, submit to the governor and the legislature a report that makes recommendations on all of the following: |
|---|
| 276 | 276 | | |
|---|
| 277 | 277 | | (i) Additions to or deletions from the classes of genetically engineered or nonnative organisms covered by this part. |
|---|
| 278 | 278 | | |
|---|
| 279 | 279 | | (ii) The status of various prohibited species and other problematic invasive species in this state, including, but not limited to, a list of infested waterbodies by species. |
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| 280 | 280 | | |
|---|
| 281 | 281 | | (iii) Preventing the introduction of and controlling or eradicating invasive species or genetically engineered aquatic plants, birds, crustaceans, fish, insects, mammals, or mollusks, and reptiles. |
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| 282 | 282 | | |
|---|
| 283 | 283 | | (iv) Restoration or remediation of habitats or species damaged by invasive species or genetically engineered organisms. |
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| 284 | 284 | | |
|---|
| 285 | 285 | | (v) Prioritizing efforts to prevent violations of and otherwise further the purposes of this part. |
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| 286 | 286 | | |
|---|
| 287 | 287 | | (vi) The specific areas of responsibility for various state departments under this part and the sharing of information on permits under this part among responsible state departments. |
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| 288 | 288 | | |
|---|
| 289 | 289 | | (vii) Educating citizens about their responsibilities under this part and their role in preventing the introduction of and controlling or eradicating prohibited species, restricted species, invasive species, and genetically engineered aquatic plants, birds, crustaceans, fish, insects, mammals, or mollusks, and reptiles. |
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| 290 | 290 | | |
|---|
| 291 | 291 | | (viii) Simplifying citizen access to state government for compliance with this part. |
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| 292 | 292 | | |
|---|
| 293 | 293 | | (ix) Legislation and funding to carry out the recommendations of the department of natural resources and otherwise further the purposes of this part. |
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| 294 | 294 | | |
|---|
| 295 | 295 | | (x) Other matters that the department of natural resources considers pertinent to the purposes of this part. |
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| 296 | 296 | | |
|---|
| 297 | 297 | | (b) Establish criteria for identifying waterbodies infested by prohibited species. |
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| 298 | 298 | | |
|---|
| 299 | 299 | | (c) Monitor and promote efforts to rescind the exemption under 40 CFR 122.3(a) for ballast water discharges. |
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| 300 | 300 | | |
|---|
| 301 | 301 | | (2) The department of natural resources shall carry out its reporting and other duties under this section in cooperation with the aquatic nuisance species council created under Executive Order No. 2002-21 and the department of agriculture and rural development. |
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