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Recreational Boating AIS Prevention Programs

Inspection/Decontamination: Michigan

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Legend

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Program component has been implemented in this jurisdiction

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Program component has not yet been implemented in this jurisdiction

Program Component

Status

Details

Implementation of inspections

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LED is currently conducting seasonal random inspections at access sites. This will only continue with further GLRI funding

Implementation of self-inspection at launch points

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Not everywhere. Some stenciling of pavement is being rolled out, but dedicated spaces for self-inspection and decontamination are very limited.

Availability of decontamination infrastructure

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Implemented, but not in the majority of locations. There are approximately ~20 mobile units in operation in Michigan and a similar number of permanent installations.

LEGISLATIVE FINDINGS A watercraft inspection and decontamination program (or elements thereof) is authorized

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MI state agencies do not have this authority

PROHIBIT POSSESSION AND TRANSPORT The possession, movement, or transport of aquatic invasive species is prohibited

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Section 41303 states: “a person shall not knowingly possess a live organism if the organism is a prohibited species or restricted species.” Furthermore, “A person shall not introduce a prohibited species, a restricted species, a genetically engineered or nonnative bird, crustacean, fish, insect, mammal, mollusk, or aquatic plant.”

AUTHORITY TO INSPECT CONVEYANCES The relevant state/provincial agency has authority to stop, detain, and/or inspect boats and/or establish inspection stations

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Section 324.41325 allows a law enforcement officer to order removal of aquatic plants; therefore, the officer would most likely have the authority to stop and inspect the boat as well

DECONTAMINATION Designated personnel of the relevant state/provincial agency have authority to decontaminate a boat based on the presence or suspected presence of AIS, as determined during an inspection

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Expressly provided for in Section 324.41325

RESPONSIBILITIES There is a legal mandate for boaters to decontaminate their boats, regardless of whether or not inspection stations or decontaminations services are available

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Michigan law requires persons comply with the order to remove all aquatic organisms before transporting any watercraft over land. Failure to comply with decontamination orders is punishable in 324.41325

CERTIFICATION The relevant state/provincial agency has legal authority to establish an inspection/decontamination certification program for the purpose of reciprocity with other jurisdictions for inspection/decontamination responsibilities

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MI state agencies do not have this authority

DRYING TIME Mandatory drying periods can be imposed via administrative orders or impoundment of a boat

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Seizure and forfeiture of conveyances are both permitted under state law, however no length of drying time is specified

PROHIBIT PLACEMENT Launching a boat into waters of the state without first complying with all relevant AIS prevention regulations is prohibited

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Section 324.41325 states: “A person shall not place a watercraft, watercraft equipment, or a watercraft trailer in the waters of the state if an aquatic plant is attached. A person shall not transport any watercraft over land without: 1) removing all drain plugs from bilges, ballast tanks, and live wells; 2) draining all water from any live wells and bilge; 3) ensuring that the watercraft, trailer, and any conveyance used to transport the water or trailer are free of aquatic organisms, including plants. Penalties for violation of that subsection are also found in that section.