Bill Text: MI SB0917 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: State agencies (existing); natural resources; powers and duties of the department of environmental quality under Michigan aquaculture development act; transfer to the department of natural resources. Amends sec. 4 of 1996 PA 199 (MCL 286.874). TIE BAR WITH: SB 0807'09

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2009-12-02 - Referred To Committee On Government Operations [SB0917 Detail]

Download: Michigan-2009-SB0917-Engrossed.html

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SB-0917, As Passed Senate, December 2, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 917

 

 

October 20, 2009, Introduced by Senator McMANUS and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1996 PA 199, entitled

 

"Michigan aquaculture development act,"

 

by amending section 4 (MCL 286.874), as amended by 2003 PA 272.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) Aquaculture is an agricultural enterprise and is

 

part of the farming and agricultural industry of this state. The

 

director shall assure that aquaculture is afforded all rights,

 

privileges, opportunities, and responsibilities of other

 

agricultural enterprises.

 

     (2) Aquaculture is a form of agriculture. Aquaculture

 

facilities and aquaculture uses are a form of agricultural

 

facilities and uses.

 

     (3) Aquacultural products lawfully taken, produced, purchased,

 

possessed, or acquired from within this state or imported into this

 

state are the exclusive and private property of the aquaculturist.

 

     (4) This act does not prohibit an aquaculturist from

 

exercising riparian rights for water diversion. If water is

 

discharged back into the waters of the state, the discharge shall

 

be pursuant to any appropriate permit issued by the department of

 

environmental quality natural resources, if such a permit is

 

required.

 

     (5) An aquaculturist harvesting aquaculture species from a

 

registered aquaculture facility or a permitted confinement research

 

facility is exempt from size, catch, and possession limits, closed

 

seasons, and any other restriction imposed in parts 459 and 487 of

 

the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.45901 to 324.45908 and 324.48701 to 324.48740.

 

     (6) This act does not give an aquaculturist authority to take

 

wild species from the waters of the state and held in trust, in

 

violation of the natural resources and environmental protection

 

act, 1994 PA 451, MCL 324.101 to 324.90106, unless under a permit

 

issued by the department of natural resources.

 

     (7) This act does not give an aquaculturist authority to

 

release any aquaculture species into any waters of the state that

 

are not an aquaculture facility unless the aquaculturist first

 

obtains an appropriate permit from the director of the department

 

of natural resources. It is intended that the department of natural

 

resources shall consider a registration issued under this act as

 

the equivalent of a game fish breeders license issued under part

 

459 of the natural resources and environmental protection act, 1994

 

PA 451, MCL 324.45901 to 324.45908.

 

     (8) Any movement, importing, or exporting of aquaculture

 

species shall be in compliance with the animal industry act, 1988

 

PA 466, MCL 287.701 to 287.745, for purposes of obtaining a

 

planting permit.

 

     (9) For the purposes of this act, each genetically engineered

 

variant of an aquaculture species shall be considered a distinct

 

aquaculture species. A genetically engineered variant of an

 

aquaculture species is not included on the list of approved

 

aquaculture species under section 5 unless specifically identified

 

on the list or specifically identified in a rule promulgated under

 

section 12 as being included on the list. A genetically engineered

 

organism that is a variant of an aquaculture species is not covered

 

by an aquaculture research permit under section 8 unless

 

specifically identified in the permit. An entry on the list of

 

approved aquaculture species under section 5, a rule promulgated

 

under section 12, or an aquaculture research permit under section 8

 

may be limited to a genetically engineered organism.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No 807                                     

 

          of the 95th Legislature is enacted into law.