§ 324.41301 Definitions; possession of live organism
§ 324.41302 Adding or deleting from list of prohibited species or restricted species; consultation; procedure; determination; review; emergency order; order setting conditions for harvesting, possessing, and tran
§ 324.41303 Possession of live prohibited or restricted organism; prohibition; exceptions; notification of location where found
§ 324.41305 Introduction of prohibited or restricted species, or genetically engineered or nonnative bird, crustacean, fish, insect, mammal, or mollusk, or aquatic plant; prohibition; exceptions
§ 324.41306 Permit; application; fee; granting or denying; revocation; modification; hearing; administration; enforcement
§ 324.41307 Rules
§ 324.41309 Violation; penalties; suspension or revocation of permit or license; order; liability for damages to natural resources; exceptions
§ 324.41310 Property used in criminal violation subject to seizure and forfeiture
§ 324.41311 Invasive species fund; creation; disposition of funds; money remaining in fund; expenditures; purposes
§ 324.41313 Providing information on website; requirements
§ 324.41323 Duties of department
§ 324.41325 Watercraft, watercraft equipment, or watercraft trailer with aquatic plant attached; placement in state waters prohibited; transport over land; order to remove aquatic organisms; release of baitfish p
§ 324.41329 Sale or possession of nonnative aquatic species without registration prohibited; exceptions; applicability of section
§ 324.41331 Registration to sell or possess nonnative aquatic species; application; issuance
§ 324.41333 Person registered to sell or possess nonnative aquatic species; duties
§ 324.41335 Trade show for aquatic species; written notice required
§ 324.41337 Violation; penalties; suspension or revocation of registration; disposal of aquatic species
§ 324.41341 Inspection of site or facility permitted

Terms Used In Michigan Laws > Chapter 324 > Act 451 of 1994 > Article III > Chapter 2 > Subchapter 1 > WILDLIFE CONSERVATION > Part 413 - Transgenic and Nonnative Organisms

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Amphibian: means any frog, toad, or salamander of the class Amphibia. See Michigan Laws 324.41301
  • annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Aquatic plant: means a submergent, emergent, obligate wetland, facultative wetland, or floating-leaf plant or a fragment thereof, including a seed or other propagule. See Michigan Laws 324.41301
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bequest: Property gifted by will.
  • Board: means the Michigan natural resources trust fund board established in section 1905. See Michigan Laws 324.2130
  • Clerk: means the clerk of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b
  • Collecting sewers: means lateral, branch, submain, and trunk sewers consisting of pipes or conduits including pumps, lift stations, force mains, and other appurtenances necessary for a system to prevent or eliminate discharges of raw or inadequately treated sewage of human origin into any waters of the state. See Michigan Laws 324.4901
  • Commercial purposes: means offering for sale, selling, giving, or furnishing to others. See Michigan Laws 324.48728
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conservation easement: means an interest in land that provides limitation on the use of land or a body of water or requires or prohibits certain acts on or with respect to the land or body of water, whether or not the interest is stated in the form of a restriction, easement, covenant, or condition in a deed, will, or other instrument executed by or on behalf of the owner of the land or body of water or in an order of taking, which interest is appropriate to retaining or maintaining the land or body of water, including improvements on the land or body of water, predominantly in its natural, scenic, or open condition, or in an agricultural, farming, open space, or forest use, or similar use or condition. See Michigan Laws 324.2140
  • Construction: means the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary to the construction of collecting sewers; the installation, erection, and building of collecting sewers; and the inspection and supervision of the construction of such sewers. See Michigan Laws 324.4901
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Crayfish: means any arthropod of the decapoda family. See Michigan Laws 324.48728
  • Crustacean: means freshwater crayfish, shrimp, or prawn of the order Decapoda. See Michigan Laws 324.41301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
  • Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
  • Devise: To gift property by will.
  • Director: means the director of the department of natural resources. See Michigan Laws 324.301
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Game fish: includes all of the following:
  (i) Lake trout (Salvelinus namaycush). See Michigan Laws 324.48701
  • Genetically engineered: refers to an organism whose genome, chromosomal or extrachromosomal, is modified permanently and heritably, using recombinant nucleic acid techniques, or the progeny of such an organism. See Michigan Laws 324.41301
  • Genetically engineered: refers to a fish whose genome, chromosomal or extrachromosomal, is modified permanently and heritably, using recombinant nucleic acid techniques. See Michigan Laws 324.48701
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Historic preservation easement: means an interest in land that provides a limitation on the use of a structure or site that is listed as a national historic landmark under chapter 593, 49 Stat. See Michigan Laws 324.2140
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inland waters of this state: means the waters within the jurisdiction of the state except Saginaw river, Lakes Michigan, Superior, Huron, and Erie, and the bays and the connecting waters. See Michigan Laws 324.48701
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes lands, tenements, and real estate and rights to and interests in lands, tenements, and real estate. See Michigan Laws 324.2130
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Local agencies: means local units of government or other public bodies created by or pursuant to state law and having jurisdiction over collecting sewers. See Michigan Laws 324.4901
  • local unit: means a municipality or county. See Michigan Laws 324.301
  • Minnows: means chubs, shiners, suckers, when of a size ordinarily used for bait in hook and line fishing, dace, stonerollers, muddlers, and mudminnows. See Michigan Laws 324.48728
  • Mollusk: means any mollusk of the classes Bivalvia and Gastropoda. See Michigan Laws 324.41301
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Municipality: includes a metropolitan district, a water or sewer authority created by law, or a county, township, charter township, incorporated city, or incorporated village. See Michigan Laws 324.4701
  • Native: means indigenous to any location in this state. See Michigan Laws 324.41301
  • Nonaquatic: describes a bird, insect other than a wiggler, or mammal. See Michigan Laws 324.41301
  • Nongame fish: includes all kinds of fish except game fish. See Michigan Laws 324.48701
  • Nonnative: means not native. See Michigan Laws 324.41301
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
  • Officer: means a supervisor, treasurer, clerk, or trustee. See Michigan Laws 41.1b
  • Open season: means the time during which fish may be legally taken or killed and includes both the first and last day of the season or period designated by this part. See Michigan Laws 324.48701
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Recombinant nucleic acid techniques: means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism. See Michigan Laws 324.41301
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reptile: means any turtle, snake, or lizard of the class Reptilia. See Michigan Laws 324.41301
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • Sewage disposal systems: includes all interceptor sewers, storm sewers, sanitary sewers, combined sanitary and storm sewers, sewage treatment plants, and all other plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, and disposal of sewage and industrial wastes. See Michigan Laws 324.4701
  • 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
  • Statute: A law passed by a legislature.
  • Supervisor: means the supervisor of a township elected under chapter XVI of the Michigan election law, Act No. See Michigan Laws 41.1b
  • Township board: means the township board of a township constituted as provided in section 70. See Michigan Laws 41.1b
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trout stream: means any stream or portion of a stream that contains a significant population of any species of trout or salmon as determined by the department. See Michigan Laws 324.48701
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Water supply system: includes all plants, work, instrumentalities, and properties used or useful in connection with obtaining a water supply, the treatment of water, and the distribution of water. See Michigan Laws 324.4701
  • Watercraft: means any conveyance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. See Michigan Laws 324.41301
  • Wiggler: means an aquatic egg, nymph, or larva of an insect. See Michigan Laws 324.41301
  • Wigglers: means Mayfly nymphs or any other aquatic insect nymphs or larvae. See Michigan Laws 324.48728