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Aquatic invasive species regulations in Michigan

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The state of Michigan defines an aquatic invasive species as "an aquatic species that is nonnative to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health".[1] There are approximately 160 invasive aquatic species residing in Michigan.[2] Some of the most commonly known species are the Zebra Mussel, Quagga Mussel, Sea Lamprey, and several species of Asian Carp. Michigan's Natural Resources and Environmental Protection Act (NREPA) is the primary state law regulating aquatic invasive species in Michigan.

Background

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Aquatic invasive species were first introduced to the Great Lakes in the early 1800s through ballast tank water.[3] Freight ships carrying goods from foreign countries would travel through the Great Lakes and release their ballast water into the lakes. Ballast water tanks transport an estimated 7,000 aquatic organisms per day.[4] Invasive aquatic species such as the zebra mussel and sea lamprey have caused environmental and economical destruction of the Great Lakes region for decades. Invasive aquatic species in the Great Lakes area cause upwards of $200 million annually in prevention strategies and loss revenue.[5][6] The first federal invasive aquatic species law in the United States was the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990. It formed the Aquatic Nuisance Species Task Force, whose primary job was to develop a program of prevention, monitoring, control, and study of aquatic invasive species in the United States. The act was amended in 1996 by the National Invasive Species Act.[7]

History

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Outside of U.S. federal invasive aquatic species laws, Michigan has some of its own to protect Michigan waters and the Great Lakes. Michigan has a 3,224 mile-long shoreline[8] along the Great Lakes, making it very economically and ecologically dependent and protective of the lakes and the aquatic species that live in it.

Michigan's Natural Resources and Environmental Protection Act

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The Natural Resources and Environmental Protection Act (NREPA) was created in 1994 and went into effect on March 30, 1995.[1] It is the primary governing legislation on environmental laws and protections in the state of Michigan. It contains all laws regarding invasive aquatic species and environmental protections and control against them.

Prohibited and Restricted Species

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Part 413 of NREPA lists what species are prohibited and restricted in the state of Michigan and bans the sale, possession, and import of them. There are currently 56 species listed as prohibited or restricted in Michigan. This includes 17 species of fish, 11 species of mollusks, and 21 species of aquatic plants.[9] This list is regularly amended through Invasive Species Orders. In 2014, the Michigan Department of Natural Resources added 9 species to the prohibited species list. This included the New Zealand mud snail, stone moroko, zander, wels catfish, killer shrimp, yabby, golden mussel and red swamp crayfish.[10] The NREPA was amended again a year later, adding the water soldier to the prohibited species list.[11] The latest amendment to the list was in 2020 when the marbled crayfish was added.[12] In addition to the list of prohibited and restricted species, NREPA provides guidelines on the control and treatment of "aquatic nuisance species". In Part 33, it defines an aquatic nuisance species as "an organism that lives or propagates, or both, within the aquatic environment and that impairs the use or enjoyment of the waters of the state".[1]

Boating Laws

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Before 2019, Michigan law only required that no watercraft be placed into Michigan waters if any aquatic plants were attached to them. But on March 21, 2019, the Natural Resources and Environmental Protection Act was amended to provide more protection of waterways against invasive species. It amended Part 413 of NREPA, by providing additional actions that watercraft users must take before removing and transporting any watercraft over land.[13] Users are required to remove all drain plugs and drain all bilges, ballast tanks, and live wells of the watercraft. In addition, they must ensure that no aquatic organisms are inside or attached to the watercraft or vehicle transporting the watercraft. Anyone that does not comply with this law can be fined up to $100.[14]

The Aquatic Nuisance Species Task Force runs a campaign called "Stop Aquatic Hitchhikers!" that encourages boaters and waterway users to follow the boating laws outlined in NREPA. It is partnered with the Michigan Department of Natural Resources and Department of Environmentally Quality. The campaign also seeks to educate people on invasive and nuisance species.[15]

Fish and Bait Release Laws

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The Michigan Department of Natural Resources implemented the Fish Disease Control Order (Fisheries Order 245) on March 21, 2019. It was added to the NREPA to provide further protection of Michigan waterways, fish hatcheries, and aquatic species against aquatic diseases and invasive species. It states that the release and use of fish and baitfish is illegal unless they were caught in that specific waterway or in a physically connecting waterway. All baitfish that are not used cannot be disposed of in any waterway. Violators of this law can be fined up to $100.[16]

Registration to Sell Non-Native Aquatic Species

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Anyone that sells living, non-native aquatic species is required to register annually with the Michigan Department of Natural Resources. It was one of the many laws added through the March 21, 2019 NREPA amendment. Registration is required for each location that a sale is made, along with a displayed registration confirmation number. Whenever a sale is made, the seller is required to report the name and number of each aquatic species sold to the Michigan Department of Natural Resources.[17] There are some exemptions to the registration requirement under the Michigan Aquaculture Development Act and Part 459 of NREPA. These involve breeding in private waterways. Exemptions are also allowed for one-time sales of 20 or less aquatic organisms of the same species.[17]

Ballast Water Management Laws

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Michigan follows the federal ballast water management standards set by the United States Coast Guard and the National Invasive Species Act of 1996. Michigan state law requires that all vessels and watercraft that operate on the Great Lakes and St. Lawrence River are to report their compliance with the ballast water management standards. The Department of Environment, Great Lakes, and Energy (EGLE) handles all reporting and ensures compliance of ballast water management practices.[18]

Michigan Invasive Species Management Plans and Strategies

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In addition to the invasive species laws in NREPA, Michigan has several management plans and strategies in place to control and prevent the introduction and spread of aquatic invasive species.

Aquatic Invasive Species State Management Plan

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The Aquatic Invasive Species State Management Plan was created to help prevent new aquatic invasive species (AIS) from being introduced as well as prevent existing populations from growing and dispersing to other areas. The plan was also created to reduce the negative effects of AIS and assist agencies in responding to new AIS threats. It was approved on June 17, 2013, by the federal Aquatic Nuisance Species Task Force. This plan replaced Michigan's Nonindigenous Aquatic Nuisance Species State Management Plan (1996), which was amended in 2002. It was one of the first state management plans in the United States to be approved by the federal Aquatic Nuisance Species Task Force.[19]

Status and Strategies for Established Aquatic Invasive Species

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There are 18 different status and strategy guides for aquatic invasive species residing in Michigan.[20] This includes extensive guides on the history and management practices of invasive fish, mollusks, insects, and plants.

References

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  1. ^ a b c Natural Resources and Environmental Protection Act, Mich. § 324.3301 (1994). http://www.legislature.mi.gov/(S(q2vld4p2rvssxkratijvtmhs))/printDocument.aspx?objectName=mcl-Act-451-of-1994&version=txt. Retrieved April 20, 2021.
  2. ^ "Michigan Conservation Summary". LandScope America. Retrieved April 20, 2021.
  3. ^ "Invasive Species". Michigan Sea Grant. Retrieved April 20, 2021.
  4. ^ World Health Organization (2011). Guide to Ship Sanitation 3rd edition. p. 111. [1] Retrieved April 20, 2021.
  5. ^ "Great Lakes Aquatic Invasive Species". The Nature Conservancy. The Nature Conservancy. Retrieved 15 May 2023.
  6. ^ Rosaen, Alex L.; Grover, Erin A.; Spencer, Colby W.; Anderson, Patrick L. (2016). The Costs of Aquatic Invasive Species to Great Lakes States. Anderson Economic Group LLC. p. 4. https://www.andersoneconomicgroup.com/Portals/0/upload/AEG%20-%20AIS%20Impact_%209-20-2016%20Public%20new.pdf
  7. ^ "Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990". www.fws.gov. Retrieved April 23, 2021.
  8. ^ "Shoreline Mileage Of the United States", NOAA Office for Coastal Management, Retrieved April 20, 2021.
  9. ^ "Prohibited and Restricted Species". www.michigan.gov. Retrieved April 20, 2021.
  10. ^ "The Natural Resources Commission Prohibited and Restricted Aquatic Invasive Species Order Amendment 1 of 2014", https://www.michigan.gov/documents/dnr/InvSpcOrders_480277_7.pdf?20150504140945
  11. ^ "Commission of Agriculture and Rural Development Invasive Species Order No. 1 of 2015", https://www.michigan.gov/documents/mdard/Commission_Water_Soldier_Order-Final_1_21_15_479805_7.pdf Retrieved April 20, 2021.
  12. ^ "Department of Natural Resources Invasive Species Order Amendment No. 1 of 2020", https://www.michigan.gov/documents/invasives/Invasive_Species_Order_Amendment_1_of_2020_690683_7.pdf. Retrieved April 20, 2021.
  13. ^ "Boating laws - stop aquatic hitchhikers". www.michigan.gov. Retrieved April 20, 2021.
  14. ^ Natural Resources and Environmental Protection Act, Mich. § 324.41325 (2019). http://www.legislature.mi.gov/(S(dol44qjsrrieya45sgjptg45))/documents/mcl/pdf/mcl-451-1994-III-2-1-WILDLIFE-CONSERVATION-413.pdf Retrieved April 20, 2021.
  15. ^ "About Us". Stop Aquatic Hitchhikers!. Retrieved April 20, 2021.
  16. ^ "Bait and fish release laws". www.michigan.gov. Retrieved April 22, 2021.
  17. ^ a b "Selling live non-native aquatic organisms in Michigan". www.michigan.gov. Retrieved April 22, 2021.
  18. ^ "Ships - ballast water management practices". www.michigan.gov. Retrieved April 23, 2021.
  19. ^ "Aquatic Invasive Species State Management Plan". www.michigan.gov. Retrieved April 21, 2021.
  20. ^ "Status and strategies for established aquatic invasives". www.michigan.gov. Retrieved April 21, 2021.
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