HOUSE BILL No. 6216

 

 

June 12, 2018, Introduced by Reps. Cole, Lauwers, Victory, Vaupel, Alexander, Howell, Wentworth, Calley, Barrett and Frederick and referred to the Committee on Agriculture.

 

     A bill to amend 1996 PA 199, entitled

 

"Michigan aquaculture development act,"

 

by amending sections 6 and 8 (MCL 286.876 and 286.878).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. (1) A person shall not engage in aquaculture unless he

 

or she obtains a registration from the department as an aquaculture

 

facility, obtains an aquaculture research permit, or unless

 

otherwise exempt by rule or law. If the activity in which the

 

aquaculture facility is engaged is required to be regulated under

 

any act, registration under this act does not exempt the person or

 

aquaculture facility from requirements imposed under any local,

 

state, or federal regulation.

 

     (2) The following are exempt from registration as an

 

aquaculture facility:

 

     (a) Retail bait outlets.

     (b) Retail ornamental fish facilities.

 

     (c) Persons using privately controlled waters for

 

noncommercial purposes.

 

     (d) Public aquariums or zoos.

 

     (e) Portable retail fishing concessions.

 

     (3) A person registered or permitted under this act shall keep

 

and maintain records of production, purchases, or imports in order

 

to establish proof of ownership. A person transporting aquaculture

 

species shall produce documentation that contains the origin of

 

shipment, registration or permit copies or documentation,

 

documentation demonstrating shipping destination, and any other

 

proof that may be required under the animal industry act, of 1987,

 

Act No. 466 of the Public Acts of 1988, being sections 287.701 to

 

287.747 of the Michigan Compiled Laws, 1988 PA 466, MCL 287.701 to

 

287.745, upon demand of the director or a law enforcement officer.

 

     (4) An aquaculture facility in existence before January 1,

 

1997 is required to obtain a registration or permit, or both, if

 

applicable, by January 1, 1999 in order to continue to engage in

 

aquaculture. Any person engaging in aquaculture beginning on or

 

after January 1, 1997 is required to obtain a registration or

 

permit under this act, or both, if applicable, in order to engage

 

in aquaculture.

 

     Sec. 8. (1) Research of an aquaculture species not on the

 

approved list is allowed and shall be conducted pursuant to an

 

aquaculture research permit in a confinement research facility.

 

     (2) A person who holds an aquaculture research permit shall

 

not import aquaculture species that are the subject of the research

unless he or she complies with the animal industry act, of 1987,

 

Act No. 466 of the Public Acts of 1988, being sections 287.701 to

 

287.747 of the Michigan Compiled Laws.1988 PA 466, MCL 287.701 to

 

287.745.

 

     (3) The director shall approve the protocol of the aquaculture

 

species, including disposition, for the proposed research period.

 

The applicant for the aquaculture research permit shall submit the

 

protocol to the department with the initial or renewal aquaculture

 

research permit application.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6205 (request no.

 

04193'17) of the 99th Legislature is enacted into law.