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2017 Op. Mich. Att'y Gen. 1 (2017)

handle is hein.sag/sagmi0142 and id is 1 raw text is: STATE OF MICHIGAN BILL SCHUETTE, ATTORNEY GENERAL MICHIGAN AQUACULTURE Aquaculture not permitted in the Michigan DEVELOPMENT ACT: waters of the Great Lakes. FISH AND GAME: GREAT LAKES: Only operations that meet the definition of an aquaculture facility under the Michigan Aquaculture Development Act, 1996 PA 199, MCL 286.871 et seq., may be registered to engage in aquaculture in the State of Michigan. Under the Act, an aquaculture operation in the Michigan waters of the Great Lakes could not be registered to engage in aquaculture because the operation would not meet the current definition of an aquaculture facility since the Michigan waters of the Great Lakes are not privately controlled waters as defined in the Act. Opinion No. 7293 January 4, 2017 The Honorable Wayne A. Schmidt State Senator The Capitol Lansing, MI 48909 You have asked whether aquaculture is legal in the Michigan waters of the Great Lakes under current law. By way of background, there has been increased interest in raising fish for commercial purposes in the Michigan waters of the Great Lakes. Fish farming, or aquaculture as it is described in Michigan law, is permitted in this State in privately controlled waters under the Michigan Aquaculture Development Act, 1996 PA 199, MCL 286.871 et seq.L4j In larger bodies of water, aquaculture is often practiced through the use of net pens - underwater nets or solid-structure cages - that function as pens within which to raise fish. 2 These net pens are anchored to the bottom of the body of water, and may float in close proximity to the shore or be located further off shore and reachable by boat.L3 The Michigan Aquaculture Development Act defines aquaculture as: the commercial husbandry of aquaculture species on the approved list of aquaculture species,4 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. MCL 286.872(b). Aquaculture is considered an agricultural enterprise and is part of the farming and agriculture industry of this state. MCL 286.874(1).

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