Registration Required; Exceptions; Records; Documentation.

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Sec. 6.

(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:

(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 sections 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.

History: 1996, Act 199, Eff. Aug. 16, 1996


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