Mich. Comp. Laws § 286.871
Short title.
This act shall be known and may be cited as the "Michigan aquaculture development act".
Michigan Compiled Laws — MICHIGAN AQUACULTURE DEVELOPMENT ACT (Act 199 of 1996)
Michigan · statute · 199 of 1996, Mich. Comp. Laws · 14 active provisions
Mich. Comp. Laws § 286.872
Definitions.
As used in this act: (a) "Aquacultural products" means any products, coproducts, or by-products of aquaculture species. (b) "Aquaculture" means the commercial husbandry of aquaculture species on the approved list of aquaculture species, including, but not limited to, the culturing, producing, growing, using, propagatin…
Mich. Comp. Laws § 286.873
Administration of act; assistance by department.
(1) The department shall administer this act. (2) The department may conduct activities designed to develop and assist the aquaculture industry in the manner provided for by law.
Mich. Comp. Laws § 286.874
Aquaculture as agricultural enterprise; products as property of aquaculturist; riparian rights for water diversion; exemption from certain restrictions; limitations on authority of aquaculturist; genetically engineered variant.
(1) Aquaculture is an agricultural enterprise and is part of the farming and agricultural industry of this state. The director shall assure that aquaculture is afforded all rights, privileges, opportunities, and responsibilities of other agricultural enterprises. (2) Aquaculture is a form of agriculture. Aquaculture fa…
Mich. Comp. Laws § 286.875
Approved species for aquaculture production; list.
(1) There is established a list of approved species for aquaculture production as further described in this section. Only the aquaculture species on the approved list are allowed for purposes of aquaculture production. The following types of aquaculture species are qualified for inclusion on the list of approved specie…
Mich. Comp. Laws § 286.876
Registration required; exceptions; records; documentation.
(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,…
Mich. Comp. Laws § 286.877
Initial application; submission; inspection; issuance of registration or permit; denial; notice; second inspection; hearing; return of registration or permit fee prohibited; contents of permit; renewal application; modification of permit.
(1) A completed initial application for a registration shall be submitted to the department not less than 60 days before the proposed operation of the aquaculture facility. (2) The department shall not issue an initial aquaculture facility registration or an aquaculture research permit unless an applicant demonstrates…
Mich. Comp. Laws § 286.878
Research of aquaculture species not on approved list; research permit; approval of protocol.
(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 sh…
Mich. Comp. Laws § 286.879
Inspection of facilities by department; access; conduct; conditions.
(1) The department or its duly authorized agent shall have free access at all reasonable hours to any aquaculture facility or confinement research facility to inspect and to determine if this act is being violated and to secure samples or specimens of any aquaculture species after paying or offering to pay fair market…
Mich. Comp. Laws § 286.880
Prohibited conduct.
A person shall not knowingly provide false information in a matter pertaining to this act and shall not resist, impede, or hinder the director in the discharge of his or her duties under this act.
Mich. Comp. Laws § 286.881
Failure to comply with act or rules; authority of department to deny, suspend, revoke, or limit registration or permit; conduct of proceeding.
(1) The department may deny, suspend, revoke, or limit a registration or permit if an applicant, registrant, or permittee fails to comply with or violates this act or rules promulgated under this act. (2) A proceeding relative to the suspension or revocation of a registration or permit shall be conducted pursuant to th…
Mich. Comp. Laws § 286.882
Rules.
The director may promulgate rules he or she considers necessary to implement and enforce this act, pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
Mich. Comp. Laws § 286.883
Violation as misdemeanor; penalty; costs; attorney fees; authority of director; actions brought by attorney general or director.
(1) A person who violates this act or a rule promulgated under this act is guilty of a misdemeanor punishable by a fine of not less than $300.00 or imprisonment for not less than 30 days, or both. (2) The court may allow the department to recover reasonable costs and attorney fees incurred in a prosecution resulting in…
Mich. Comp. Laws § 286.884
Effective date.
This act shall take effect 90 days after the date of its enactment.