State of Michigan

DEPARTMENT OF NATURAL RESOURCES

Lansing

JENNIFER M. GRANHOLM

governor

REBECCA  A. HUMPHRIES

director

 

 

 

BILL ANALYSIS

 

BILL NUMBER:

SENATE BILL 280, AS INTRODUCED

TOPIC:

Revise Restricted and Prohibited Nonnative Species List

SPONSOR:

Senator Van Woerkom

CO-SPONSORS:

Senators Birkholz, Whitmer, Pappageorge, Jansen, and Hardiman

COMMITTEE:

Natural Resources and Environmental Affairs

Analysis Done:

March 9, 2009

POSITION

The Department of Natural Resources (DNR) supports this legislation.

PROBLEM/BACKGROUND

Invasive species continue to spread and cause harm to natural resources and/or human health.  They displace native species and are costly to control once they are established.  Senate Bill 280 amends the Transgenic and Nonnative Species Law which regulates the possession and introduction of these organisms into Michigan or parts of Michigan that are not currently infested. 

DESCRIPTION OF BILL

Senate Bill 280 amends Section 413 of 1994 PA 451, Natural Resources and Environmental Protection Act, to add species to the list of regulated organisms that are known to cause harm to natural resources and/or human health.  Senate Bill 280 also removes Iris pseudacorus because of its economic importance to the nursery industry and the lack of known impacts to natural resources and/or human health.  

SUMMARY OF ARGUMENTS

Pro

Regulating invasive species will provide an additional tool for protecting our state’s natural resources by reducing negative impacts from these species. 

Con

The regulation of this bill increases the workload for the Department at a time when financial support for DNR programs is dwindling. 

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

This bill recommended changes brought forth by the former Invasive Species Advisory Council in the April 2006 Report on Actions Related to Invasive Species, which call for the inclusion of several species, many that are restricted under other state regulations through Departmental Orders or have been identified as potentially harmful species with no regulations regarding possession.  After reviewing these changes, we have additional recommendations to add four species recommended by the former Invasive Species Advisory Council, to strengthen definitions, to ensure consistency throughout the legislation, to clearly define enforcement authority and to delay enforcement for all new listings that are not regulated under other state law.  These recommendations are attached.

ADMINISTRATIVE RULES IMPACT

None

 

 

 

_______________________________

Rebecca  A. Humphries

Director

 

_______________________________

Date

WLD/FI

 

 

 

 

 

Senate Bill 280:  Department of Natural Resources Recommendations

 

1.      Change the common name for the mollusk Helix aspersa from giant pond snail to brown garden snail.

2.      Add the following species under prohibited mollusk species as recommended in the Invasive Species Advisory Council March 2007 Report on Actions Related to Invasive Species.  These terrestrial snails are threats to agricultural crops.

                                                              i.      Carthusian snail (Monacha cartusiana)

                                                            ii.      Snail; no common name (Xerolenta obvia)

                                                          iii.      Girdled snail (Hygromia cinctella)

                                                          iv.      Wrinkled dune snail (Candidula intersecta)

 

3.      There are no definitions of “Prohibited species” and “Restricted species” in the legislation.  We feel the addition of definitions will aid the public in their understanding of the difference and purpose of the two categories.  In addition, there is no definition of organism.  We recommend adding the following descriptions:

                                                              i.      “Prohibited species” means non-native organisms or parts or seeds thereof: meeting one or more of the following criteria and that the legislature has determined should be listed in this part:

1.      are not present in Michigan or have been documented in Michigan in only limited locations.

2.      have the potential for causing severe harm to the Michigan economy and environment, or harm to animals or human health and safety.

3.      for which no effective management or control techniques are available.

                                                            ii.      “Restricted species” means non-native organisms or part or seeds thereof: meeting one or more of the following criteria and that the legislature has determined should be listed in this part:

1.      are commonly found in Michigan.

2.      cause harm to the Michigan economy and environment, or harm to animals or human health and safety.

3.      for which management or control techniques are available.

                                                          iii.      “Organism” means a plant or animal species.

 

4.      Section 324.41309 sets the penalties for persons violating other sections of the Transgenic and Nonnative Organisms Act.  Since new taxa groups are recommended for inclusion in the list of species, we recommend that this part identify penalties for violations against these additional taxa groups:

                                                              i.      Birds

                                                            ii.      Mammals

                                                          iii.      Crustaceans

                                                          iv.      Mollusks

 

5.      In part 324.41309, there is no department identified for regulatory enforcement of this section.  In addition, the department of agriculture is responsible for enforcement of listed insect species via other legislation.  Therefore, we recommend adding a new subsection (14) in part 324.41309 to better define enforcement roles of state agencies with the following language:

The department is responsible for enforcing the provisions of this part, except for the prohibited and restricted insect species.  The department of agriculture shall enforce the provisions of this part for all listed insect species.