WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration;
WHEREAS, facilities and operations for captive cervidae including deer, elk, moose, and reindeer, can have serious impacts on the state's wildlife population and the agricultural industry;
WHEREAS, unlike domestic livestock species, when deer and elk escape from privately-owned cervidae livestock facilities and operations, they are indistinguishable from free-ranging deer and elk, and also pose a potential risk to native animals, such as the transmission of parasites and disease;
WHEREAS, deer and other cervidae are migratory animals often moving substantial distances seasonally, magnifying potential impacts on Michigan's wildlife population;
WHEREAS, Chronic Wasting Disease is an incurable neurological disease of deer and elk that can be spread directly from animal to animal, or indirectly from soil or surface to animal;
WHEREAS, Chronic Wasting Disease was once considered to be a disease limited to small endemic areas of Western United States, but has recently been discovered in more than 15 states and in Canada.
WHEREAS, while the disease has the potential to devastate Michigan's deer and elk population, with state action, and the cooperation of private industry, Michigan can work to prevent Chronic Wasting Disease and other potential problems to maintain a healthy and safe future for Michigan wildlife;
WHEREAS, it is imperative that Michigan remain vigilant and act decisively in adopting measures to protect native deer and elk from Chronic Wasting Disease and reduce vulnerabilities to the spread of the disease;
WHEREAS, in light of the potential impact on Michigan's wildlife population, the Governor's Chronic Wasting Disease Task Force, chaired by Dr. Howard Tanner, has recommended that the licensing, application, registration, and inspection functions for privately-owned cervidae livestock facilities and operations be transferred to the Department of Natural Resources;
WHEREAS, the Governor's Chronic Wasting Disease Task Force has also recommended a complete audit of Michigan's privately-owned cervidae livestock facilities and operations, which under current budgetary conditions can most effectively be performed by the Department of Natural Resources;
WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the executive branch of state government;
NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:...
II. TRANSFER OF RESPONSIBILITIES FOR REGULATION AND BIOSECURITY OF CERVIDAE LIVESTOCK FACILITIES AND OPERATIONS
A. All of the following authority, powers, duties, functions, responsibilities, and rule-making authority of the Department of Agriculture under the Cervidae Act are transferred by Type II Transfer to the Department of Natural Resources...
Citation: M.C.L.A. 287.981.
The department shall manage the state forest in a manner that is consistent with principles of sustainable forestry and in doing so shall do all of the following:...
(b) Conserve and protect forestland by doing all of the following:...
(iv) Protect forests from wildfire, pests, diseases, and other damaging agents.
Citation: M.C.L.A. 324.52502.
The commissioner of agriculture when he shall find that there exists in any other state, territory, or district, or part thereof any dangerous plant disease or insect infestation with reference to which the secretary of agriculture of the United States has not determined that a quarantine is necessary and duly established such quarantine, he is hereby authorized to promulgate, and to enforce by appropriate rules and regulations, a quarantine prohibiting or restricting the transportation into or through the state, or any portion thereof, from such other state, territory, or district, of any class of nursery stock, plant, fruit, seed, or other article of any character whatsoever, capable of carrying such plant disease or insect infestation. The commissioner of agriculture is hereby authorized to make rules and regulations for the seizure, inspection, disinfection, destruction, or other disposition of any nursery stock, plant, fruit, seed, or other article of any character whatsoever, capable of carrying any dangerous plant disease or insect infestation, a quarantine with respect to which shall have been established by the secretary of agriculture of the United States, and which have been transported to, into or through this state in violation of such quarantine...
Citation: M.C.L.A. 286.223.