State of Michigan DEPARTMENT OF NATURAL RESOURCES Lansing
JENNIFER M. GRANHOLM governor		REBECCA A. HUMPHRIES director

BILL ANALYSIS

BILL NUMBER:	HOUSE BILL 4199, AS INTRODUCED
TOPIC:	Provide for fine for launching a boat with an aquatic plant attached
SPONSOR:	Representative Lahti
CO-SPONSORS:	Representatives McDowell, Roberts, Sheltrown, Hansen, Spade, Booher, Miller, Cushingberry, Durhal, LeBlanc, Hammel, and Lindberg
COMMITTEE:	Tourism, Outdoor Recreation and Natural Resources
Analysis Done:	March 23, 2009

POSITION

The Department of Natural Resources (Department) supports this bill.

PROBLEM/BACKGROUND

Michigan is highly vulnerable to aquatic invasive species (AIS) due to international shipping, movement of live bait, and an active aquatic pet trade among other vector pathways. With a large number of recreational boaters and anglers, state waters also are susceptible to the interstate movement of nuisance fish and aquatic plants.

DESCRIPTION OF BILL

This bill would prohibit the placement of a boat, boating equipment, or boat trailer into waters of this state if it had an aquatic plant attached. The bill would give authority to law enforcement officers to order the removal of aquatic plants prior to placement in the water.

SUMMARY OF ARGUMENTS

Pro

This action could significantly reduce the opportunities to spread and transfer both invasive aquatic plants and organisms that may be detrimental to Michigan's waters and fish populations.

Con

The actual enforcement of this law could be problematic due to the sheer numbers of lake and river access points throughout the state and the relatively low number of law enforcement officers available.

FISCAL/ECONOMIC IMPACT

Are there revenue or budgetary implications in the bill to the --

(a) Department

Budgetary:

N/A

Revenue:

N/A

Comments:

N/A

(b) State

Budgetary:

N/A

Revenue:

N/A

Comments:

N/A

(c) Local Government

Comments:

N/A

OTHER STATE DEPARTMENTS

N/A

ANY OTHER PERTINENT INFORMATION

Given the low numbers of law enforcement officers relative to the number of boats and boat launches operating within the state, it may be beneficial to expand the language under Section 41325(2) of 1994 PA 451 (MCL 324.41301) to include employees of the Department, in addition to law enforcement officers. Boating access sites and launches are operated by employees who possess no law enforcement powers or licensing. As managers of these sites, they should be given authority to order the removal of aquatic plants from the boats/boating equipment prior to placing in the water.

ADMINISTRATIVE RULES IMPACT

None

_______________________________

Rebecca A. Humphries

Director

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Date

LED/PRD/FI