DNR Letterhead

BILL ANALYSIS

BILL NUMBER: Senate Bill 1084/House Bill 5695

TOPIC: Exempt Aquaculture from Certain Activities, Bills to Amend 1994 PA 451, Sections 41305, 45902 and 48702

SPONSOR: Senator Van Woerkom

CO-SPONSORS: Senators Jelinek, Gilbert, and Patterson

COMMITTEE: Agriculture, Forestry, and Tourism

Analysis Done: April 6, 2004

POSITION

Oppose.

PROBLEM/BACKGROUND

On January 8, 2004, Act No. 270 was signed into law. During discussions on PA 270 (Senate Bill 226), aquaculture interests sought amendatory language to exempt certain aquaculture activities from the provisions of the bill. At that time, the Department of Natural Resources (DNR) opposed the language on the basis that the Aquaculture Development Act already provides certain protections to private aquaculture interests, making the proposed language redundant and/or confusing. The proposed amendments to Senate Bill 226 were not adopted by the Legislature at that time, and private aquaculture interests are seeking similar changes with Senate Bill 1084 and House Bill 5695.

DESCRIPTION OF BILLS

The bills seek to amend Section 41305 of 1994 PA 451 by adding Subsection 2. Subsection 1 currently prohibits the release of genetically engineered fish and nonnative fish into the state, except under permit from the Director of the DNR. The proposed Subsection 2 seeks to exempt from Subsection 1 those aquaculture activities currently authorized under the Aquaculture Development Act. This amendment is confusing since the Aquaculture Development Act already contains language that requires a permit from the DNR Director prior to releasing certain species into the waters of the state.

The bills also seek to amend Section 48702 of 1994 PA 451 by exempting certain aquaculture activities currently authorized under the Aquaculture Development Act.

SUMMARY OF ARGUMENTS

Pro

None.

Con

The intent of these companion bills is unclear and confusing. The proposed amendments appear to be a duplication of existing statutory language in sections 41305 and 48702 of 1994 PA 451 regarding permitted aquaculture activities. Existing language in Section 48702 clearly distinguishes wild fish and other animals as property of the State from those that are reared in an aquaculture facility, raising questions as to the need for the proposed amendments. This apparent duplication also raises questions as to the intent of the amendments.

As the agency charged with Public Trust responsibilities over the natural resources of the State, the DNR must retain authority over the release of unwanted aquatic species into the waters of the State. Aquatic species are capable of living in both private aquaculture facilities as well as the waters of the State, and relinquishing these authorities could place our native stocks at risk of disease, competition, inbreeding, etc. It is also imperative that we participate in discussions as to which species appear on the approved aquaculture list. Accidental release of unwanted aquatic species, including certain genetically engineered organisms, remains a risk in any aquaculture operation. The Department cannot support the legislation if the proposed language jeopardizes the DNR’s authority over the permitting process for release of these organisms.

FISCAL/ECONOMIC IMPACT

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

(a) Department

Budgetary:

None.

Revenue:

None.

Comments:

None.

(b) State

Budgetary:

None.

Revenue:

None.

Comments:

None.

(c) Local Government

Comments:

None.

OTHER STATE DEPARTMENTS

Michigan Department of Agriculture

ANY OTHER PERTINENT INFORMATION

None.

ADMINISTRATIVE RULES IMPACT

None.

_______________________________

Rebecca A. Humphries

Director

_______________________________

Date