MICHIGAN:
In 2005, Michigan established several invasive species laws, creating lists of restricted and prohibited species, rules of possession, penalties for intentional introduction and releases, and a permit program. The new laws also established an Invasive Species Advisory Council, including the directors of the Departments of Natural Resources, Environmental Quality and Agriculture. The Council is responsible for reviewing and updating these lists as well as several other duties. The lists and rules of possession are included at the end of this section and can also be found on the Internet at www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0077.pdf. The DNR is responsible for enforcement for plants and animals. The Department of Agriculture is responsible for enforcement related to insects. Michigan?s rules of possession and penalties apply to those who intentionally or knowingly introduce a prohibited or restricted species. To view the description of penalties, visit www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0076.pdf.
Michigan also has laws and rules pertaining to aquatic plant control. A permit from the Department of Environmental Quality is required for the application of chemicals to any plant that is growing in standing water at the time of the application. Manual removal of Eurasian water milfoil, curly leaf pondweed, purple loosestrife or other invasive aquatic plants does not require a permit. In addition, anyone cutting plants of any species must remove them. A permit is also not required for the use of biological control such as Eurasian water-milfoil weevils.
Michigan Aquatic Invasive Species Laws
Michigan Public Acts 70-74 of 2005 define the following as prohibited and restricted aquatic fish and plant species and describe the rules of possession:
Prohibited and Restricted Species
"Prohibited fish species" means any of the following or the eggs thereof:
Bighead carp (Hypophthalmichthys nobilis) or a hybrid or genetically engineered variant thereof.
Bitterling (Rhodeus sericeus) or a hybrid or genetically engineered variant thereof.
Black carp (Mylopharyngodon piceus) or a hybrid or genetically engineered variant thereof.
Grass carp (Ctenopharyngodon idellus) or a hybrid or genetically engineered variant thereof.
Ide (Leuciscus idus) or a hybrid or genetically engineered variant thereof.
Japanese weatherfish (Misgurnus anguillicaudatus) or a hybrid or genetically engineered variant thereof.
Rudd (Scardinius erythrophthalamus) or a hybrid or genetically engineered variant thereof.
Silver carp (Hypophthalmichthys molitrix) or a hybrid or genetically engineered variant thereof.
A fish of the snakehead family (family Channidae) or a genetically engineered variant thereof.
Tench (Tinca tinca) or a hybrid or genetically engineered variant thereof.
"Prohibited aquatic plant species" means any of the following or fragments or seeds thereof:
African oxygen weed (Lagarosiphon major) or a hybrid or genetically engineered variant thereof.
Brazilian elodea (Egeria densa) or a hybrid or genetically engineered variant thereof.
European frogbit (Hydrocharis morsus-ranae) or a hybrid or genetically engineered variant thereof.
Giant hogweed (Heracleum mantegazzianum) or a hybrid or genetically engineered variant thereof.
Giant salvinia (Salvinia molesta, auriculata, biloba, or herzogii) or a hybrid or genetically engineered variant thereof.
Hydrilla (Hydrilla verticillata) or a hybrid or genetically engineered variant thereof.
Japanese knotweed (Fallopia japonica) or a hybrid or genetically engineered variant thereof.
Parrot's feather (Myriophyllum aquaticum) or a hybrid or genetically engineered variant thereof.
Water chestnut (Trapa natans) or a hybrid or genetically engineered variant thereof.
Yellow flag iris (Iris pseudacorus) or a hybrid or genetically engineered variant thereof.
Yellow floating heart (Nymphoides peltata) or a hybrid or genetically engineered variant thereof.
"Restricted aquatic plant species" means any of the following or fragments or seeds thereof:
Curly leaf pondweed (Potamogeton crispus) or a hybrid or genetically engineered variant thereof.
Eurasian watermilfoil (Myriophyllum spicatum) or a hybrid or genetically engineered variant thereof.
Flowering rush (Butomus umbellatus) or a hybrid or genetically engineered variant thereof.
Phragmites or common reed (Phragmites australis) or a hybrid or genetically engineered variant thereof.
Purple loosestrife (Lythrum salicaria) or a hybrid or genetically engineered variant thereof, except for cultivars developed and recognized to be sterile and approved by the director of agriculture under section 16a of the insect pest and plant disease act, 1931 PA 189, MCL 286.216a.
Rules of Possession
(1) A person shall not knowingly possess a live organism if the organism is a prohibited species or restricted species, except under 1 or more of the following circumstances:
(a) The person intends to present a specimen of the prohibited species or restricted species, for identification or similar purposes, to a person who is a certified applicator or registered applicator under part 83, to a public or private institution of higher education, or to the department or any other state, local, or federal agency with responsibility for the environment or natural resources.
( B ) The person has been presented with a specimen of a prohibited species or restricted species for identification or similar purposes under subdivision (a).
© The person possesses the prohibited species or restricted species in conjunction with otherwise lawful activity to eradicate or control the prohibited species or restricted species.
(d) If the prohibited species or restricted species is not an insect species, the possession is pursuant to a permit issued for education or research purposes by the department under section 41306. If the prohibited species or restricted species is an insect species, the possession is pursuant to a permit issued for education or research purposes by the department of agriculture under section 41306 or by the United States department of agriculture.
(2) A person described in subsection (1)( B ) or © shall notify the department (of natural resources), the department of agriculture, or the department of environmental quality if the prohibited species or restricted species was found at a location where it was not previously known to be present.
In 2005, Michigan established several invasive species laws, creating lists of restricted and prohibited species, rules of possession, penalties for intentional introduction and releases, and a permit program. The new laws also established an Invasive Species Advisory Council, including the directors of the Departments of Natural Resources, Environmental Quality and Agriculture. The Council is responsible for reviewing and updating these lists as well as several other duties. The lists and rules of possession are included at the end of this section and can also be found on the Internet at www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0077.pdf. The DNR is responsible for enforcement for plants and animals. The Department of Agriculture is responsible for enforcement related to insects. Michigan?s rules of possession and penalties apply to those who intentionally or knowingly introduce a prohibited or restricted species. To view the description of penalties, visit www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0076.pdf.
Michigan also has laws and rules pertaining to aquatic plant control. A permit from the Department of Environmental Quality is required for the application of chemicals to any plant that is growing in standing water at the time of the application. Manual removal of Eurasian water milfoil, curly leaf pondweed, purple loosestrife or other invasive aquatic plants does not require a permit. In addition, anyone cutting plants of any species must remove them. A permit is also not required for the use of biological control such as Eurasian water-milfoil weevils.
Michigan Aquatic Invasive Species Laws
Michigan Public Acts 70-74 of 2005 define the following as prohibited and restricted aquatic fish and plant species and describe the rules of possession:
Prohibited and Restricted Species
"Prohibited fish species" means any of the following or the eggs thereof:
Bighead carp (Hypophthalmichthys nobilis) or a hybrid or genetically engineered variant thereof.
Bitterling (Rhodeus sericeus) or a hybrid or genetically engineered variant thereof.
Black carp (Mylopharyngodon piceus) or a hybrid or genetically engineered variant thereof.
Grass carp (Ctenopharyngodon idellus) or a hybrid or genetically engineered variant thereof.
Ide (Leuciscus idus) or a hybrid or genetically engineered variant thereof.
Japanese weatherfish (Misgurnus anguillicaudatus) or a hybrid or genetically engineered variant thereof.
Rudd (Scardinius erythrophthalamus) or a hybrid or genetically engineered variant thereof.
Silver carp (Hypophthalmichthys molitrix) or a hybrid or genetically engineered variant thereof.
A fish of the snakehead family (family Channidae) or a genetically engineered variant thereof.
Tench (Tinca tinca) or a hybrid or genetically engineered variant thereof.
"Prohibited aquatic plant species" means any of the following or fragments or seeds thereof:
African oxygen weed (Lagarosiphon major) or a hybrid or genetically engineered variant thereof.
Brazilian elodea (Egeria densa) or a hybrid or genetically engineered variant thereof.
European frogbit (Hydrocharis morsus-ranae) or a hybrid or genetically engineered variant thereof.
Giant hogweed (Heracleum mantegazzianum) or a hybrid or genetically engineered variant thereof.
Giant salvinia (Salvinia molesta, auriculata, biloba, or herzogii) or a hybrid or genetically engineered variant thereof.
Hydrilla (Hydrilla verticillata) or a hybrid or genetically engineered variant thereof.
Japanese knotweed (Fallopia japonica) or a hybrid or genetically engineered variant thereof.
Parrot's feather (Myriophyllum aquaticum) or a hybrid or genetically engineered variant thereof.
Water chestnut (Trapa natans) or a hybrid or genetically engineered variant thereof.
Yellow flag iris (Iris pseudacorus) or a hybrid or genetically engineered variant thereof.
Yellow floating heart (Nymphoides peltata) or a hybrid or genetically engineered variant thereof.
"Restricted aquatic plant species" means any of the following or fragments or seeds thereof:
Curly leaf pondweed (Potamogeton crispus) or a hybrid or genetically engineered variant thereof.
Eurasian watermilfoil (Myriophyllum spicatum) or a hybrid or genetically engineered variant thereof.
Flowering rush (Butomus umbellatus) or a hybrid or genetically engineered variant thereof.
Phragmites or common reed (Phragmites australis) or a hybrid or genetically engineered variant thereof.
Purple loosestrife (Lythrum salicaria) or a hybrid or genetically engineered variant thereof, except for cultivars developed and recognized to be sterile and approved by the director of agriculture under section 16a of the insect pest and plant disease act, 1931 PA 189, MCL 286.216a.
Rules of Possession
(1) A person shall not knowingly possess a live organism if the organism is a prohibited species or restricted species, except under 1 or more of the following circumstances:
(a) The person intends to present a specimen of the prohibited species or restricted species, for identification or similar purposes, to a person who is a certified applicator or registered applicator under part 83, to a public or private institution of higher education, or to the department or any other state, local, or federal agency with responsibility for the environment or natural resources.
( B ) The person has been presented with a specimen of a prohibited species or restricted species for identification or similar purposes under subdivision (a).
© The person possesses the prohibited species or restricted species in conjunction with otherwise lawful activity to eradicate or control the prohibited species or restricted species.
(d) If the prohibited species or restricted species is not an insect species, the possession is pursuant to a permit issued for education or research purposes by the department under section 41306. If the prohibited species or restricted species is an insect species, the possession is pursuant to a permit issued for education or research purposes by the department of agriculture under section 41306 or by the United States department of agriculture.
(2) A person described in subsection (1)( B ) or © shall notify the department (of natural resources), the department of agriculture, or the department of environmental quality if the prohibited species or restricted species was found at a location where it was not previously known to be present.
