Michigan Laws 286.876 – Registration required; exceptions; records; documentation
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(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:
Terms Used In Michigan Laws 286.876
- 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, propagating, harvesting, transporting, importing, exporting, or marketing of aquacultural products under an appropriate permit or registration. See Michigan Laws 286.872
- Aquaculture facility: means a farm or farm operation engaged in any aspect of aquaculture in privately controlled waters capable of holding all life stages of aquaculture species with a barrier or enclosure to prevent their escape into waters of the state. See Michigan Laws 286.872
- Aquaculture research permit: means a permit issued by the director to researchers to study and culture aquaculture species not included on the approved list of aquaculture species for the evaluation of aquacultural potential and to provide a scientific basis for including the aquaculture species on the approved list. See Michigan Laws 286.872
- Aquaculture species: means aquatic animal organisms including, but not limited to, fish, crustaceans, mollusks, reptiles, or amphibians reared or cultured under controlled conditions in an aquaculture facility. See Michigan Laws 286.872
- Department: means the Michigan department of agriculture. See Michigan Laws 286.872
- Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 286.872
- Law enforcement officer: means a person appointed by the state or a local governmental unit who is responsible for the enforcement of the criminal laws of this state. See Michigan Laws 286.872
- Person: means an individual, corporation, limited liability company, partnership, association, joint venture, or other legal entity. See Michigan Laws 286.872
- Privately controlled waters: means waters controlled within ponds, vats, raceways, tanks, and any other indoor or outdoor structure wholly within or on land owned or leased by an aquaculturist and used with an aquaculture facility or confinement research facility. See Michigan Laws 286.872
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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 section 287.701 to 287.747 of the Michigan Compiled Laws, 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.