State of Michigan
JENNIFER M. GRANHOLM governor	DEPARTMENT OF NATURAL RESOURCES Lansing	K. L. COOL director

October 27, 2003

1. Bill Number and Sponsor:

Senate Bill 214 (House Bill 5158)

Senator Hammerstrom, et al.

2. Purpose:

Amends 1994 PA 451 by adding a new part (Part 413) entitled Nonnative Organisms. The legislation identifies “prohibited” species and makes it illegal for a person to possess or release a prohibited species.

3. How Does This Legislation Impact Current Programs in the Department:

Many nonnative aquatic organisms pose serious risks to native aquatic species and environments. By prohibiting their possession and release, future introductions can be prevented.

4. Introduced at Agency Request?

No.

5. Agency Support?

Yes.

6. Arguments Against the Bill:

Certain aquatic organisms considered harmful and/or unwanted in Michigan are legally reared in other states and countries. As part of the aquaculture and aquarium trade, they represent a commodity to be bought, sold and transported. Whether for flesh, cultural practices, or biological control, multiple values are associated with these species.

7. Arguments For the Bill:

The bill prohibits unwanted aquatic organisms from being possessed or released into the State. Nonnative species disrupt native ecosystems, represent difficult challenges for natural resource managers, and can out compete, displace or even exterminate native species. Additionally, once a new aquatic nuisance species is established, it can be extremely expensive to control and oftentimes impossible to eradicate. Finally, penalty provisions are included in this legislation, which allows for effective law enforcement.

8. State Revenue/Budgetary Implications:

A person who violates this part is subject to a fine of not more than $250,000. Depending on the volume of arrests under this part, and degree of penalty, the amount collected could be substantial.

9. Implications to Local Units of Government:

None.

10. Administrative Rules Implications:

Currently, R 299.1052 effectively bans the importation of fish or eggs of several species included in SB 214 (HB 5158). If passed into law, SB 214 (HB 5158) would supercede R 299.1052.

11. Other Pertinent Information:

Page 2, line 7, Part 41303 should read “A person shall not possess or release a “LIVE” prohibited species.”

12. User Groups/Customers that Support this Legislation (if known):

Michigan United Conservation Clubs, Michigan Environmental Council Trout Unlimited, Michigan Bass Federation, Michigan Steelhead and Salmon Fishermen’s Association, Federation of Fly Fishers, and others.

K. L. COOL

DIRECTOR

MICHIGAN DEPARTMENT OF NATURAL RESOURCES

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