EXECUTIVE ORDER

No. 2002 – 21

MICHIGAN AQUATIC NUISANCE SPECIES COUNCIL

OFFICE OF THE GREAT LAKES

DEPARTMENT OF ENVIRONMENTAL QUALITY

DEPARTMENT OF NATURAL RESOURCES

DEPARTMENT OF AGRICULTURE

DEPARTMENT OF TRANSPORTATION

WHEREAS, aquatic nuisance species are causing great harm to Michigan’s economy and threatening biodiversity, native species and ecosystem health in Michigan; and

WHEREAS, Michigan’s waters are at risk for new introductions of aquatic nuisance species entering from adjoining states and from other parts of the world; and

WHEREAS, Michigan has completed Michigan’s Aquatic Nuisance Species State Management Plan Update of 2002, as required under authority of Section 1204 of the federal Nonindigenous Aquatic Nuisance Species Prevention and Control Act of 1990; and

WHEREAS, a partnership of the Michigan Departments of Environmental Quality, Natural Resources, Agriculture, and Transportation, as well as other states and federal agencies in the Great Lakes basin, is necessary to prevent and control the damage caused by aquatic nuisance species.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

I. DEFINITIONS

1. "Aquatic nuisance species" means waterborne, non-native organisms that threaten the diversity or abundance of native species, the ecological stability of impacted waters, that threaten a commercial, agricultural, aquacultural, or recreational activity dependent on waters of the state.
2. The "Council" means the Michigan Aquatic Nuisance Species Council established by this Order.
3. The "Department of Agriculture" means the principal department of state government created by Section 175 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.275 of the Michigan Compiled Laws.
4. The "Department of Environmental Quality" means the principal department of state government created by Executive Order 1995-18, being Section 324.99903 of the Michigan Compiled Laws.
5. The "Department of Natural Resources" means the principal department of state government created by Section 250 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.350 of the Michigan Compiled Laws.
6. The "Department of Transportation" means the principal department of state government created by Section 350 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.450 of the Michigan Compiled Laws.
7. The "Great Lakes Panel on Aquatic Nuisance Species" means the regional panel officially convened in 1991 by the Great Lakes Commission in response to Section 1203 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (P.L. 101-646), being Title 16 of the United States Code Section 4724.
8. "Michigan’s Aquatic Nuisance Species State Management Plan Update of 2002" means the document titled: "Michigan’s Aquatic Nuisance Species Management Plan Update: Prevention and Control in Michigan Waters" as an update to the original 1996 plan approved under authority of Section 1204 of the federal Nonindigenous Aquatic Nuisance Species Prevention and Control Act of 1990 (P.L. 101-646), being Title 16 of the United States Code Section 4725.
9. The "Office of the Great Lakes" means the office created by Section 32903 of Act No. 451 of the Public Acts of 1994, as amended, being Section 324.32903 of the Michigan Compiled Laws, which was subsequently transferred to the Department of Environmental Quality by Executive Order 1995-18, being Section 324.99903 of the Michigan Compiled Laws.

II. MICHIGAN AQUATIC NUISANCE SPECIES COUNCIL

A. The Aquatic Nuisance Species Council is hereby created within the Office of the Great Lakes as an advisory body to the Office of the Great Lakes and the Departments of Environment Quality, Natural Resources, Agriculture, and Transportation.

B. The members of the Council shall include:

1. The Director of the Office of the Great Lakes, who shall act as the chair of the Council;

2. The Director of the Department of Environmental Quality, or his or her designee;

3. The Director of the Department of Natural Resources, or his or her designee;

4. The Director of the Department of Agriculture, or his or her designee; and

5. The Director of the Department of Transportation, or his or her designee.

6.  Four members from the public appointed by the Governor.

a. These four (4) appointees shall hold office for a term of two (2) years. However, of the appointees initially appointed, the Governor shall designate two (2) of the Governor's appointees to serve a term of one (1) year and two (2) to serve a term of two (2) years.

b. A vacancy on the Council caused by the expiration of a term or by any other cause of termination of membership on the Council shall be filled in the same manner as the original appointment.

c. An appointee appointed to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the appointee who he or she is to succeed in the same manner as the original appointment.

d. An appointee may be re-appointed for additional terms.

III. CHARGE TO THE COUNCIL

The Council shall advise the Office of the Great Lakes and the Departments of Environment Quality, Natural Resources, Agriculture and Transportation on:

1. The implementation of Michigan’s Aquatic Nuisance Species State Management Plan Update of 2002;         
2. The state’s efforts to prevent and control aquatic nuisance species introduction and spread within Michigan, in order to minimize the economic and environmental impacts of aquatic nuisance species by maximizing inter-departmental coordination of existing aquatic nuisance species programs;
3. Issues pertaining to preventing and controlling the spread of aquatic nuisance species within the state for new aquatic nuisance species programs;
4. Information/education activities about aquatic nuisance species;
5. The coordination of research and monitoring activities pertaining to aquatic nuisance species; and
6. Revising and updating Michigan’s Aquatic Nuisance Species State Management Plan, as necessary

IV. OPERATIONS OF THE COUNCIL

1. The Council shall be staffed by personnel within the Office of the Great Lakes, and the chair shall appoint a coordinator for the Council.
2. The Council shall meet at least 2 times per year at the call of the chair. Meetings of the Council may be held at any location within the state of Michigan and may be conducted by conference call or teleconference.
3. A majority of the serving members constitutes a quorum for the transaction of business at a meeting. The Council shall act by a majority vote of its serving members.
4. The Council may adopt procedures, not inconsistent with law and with this Order, governing its organization, operation and procedure.
5. In developing recommendations, the Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Council may consult with outside experts in order to perform its duties.
6. Members of the Council shall serve without compensation. Members of the Council may receive reimbursement for necessary travel and expenses according to relevant statutes, rules and procedures of the Department of Management and Budget, the Civil Service Commission and the State Court Administrative Office.
7. Members of the Council shall refer all legal, legislative and media contacts to the director of the Office of the Great Lakes.
8. All departments, committees, commissioners, or officers of the state or of any political subdivision thereof shall give to the Council, or to any member or representative thereof, any necessary assistance required by the Council, or any member or representative thereof, in the performance of the duties of the Council so far as is compatible with its, his or her duties. Free access shall also be given to any books, records or documents in its, his or her custody, relating to matters within the scope of inquiry, study or investigation of the Council.

V. MISCELLANEOUS

1. Any suit, action or other proceeding lawfully commenced by, against or before any entity effected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.
2. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.

The provisions of this Executive Order shall become effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 12^th day of November, in the Year of our Lord, Two Thousand Two.

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GOVERNOR

BY THE GOVERNOR:

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SECRETARY OF STATE