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Invasive Species Regulation Process

Invasive Species Regulation Process

Part 413 of Michigan’s Natural Resources and Environmental Protection Act (NREPA Section 324.41302) provides a process by which Michigan’s Natural Resources Commission and Agriculture and Rural Development Commission can add or delete from the list of prohibited species or restricted species.

The invasive species regulation process

According to NREPA Part 413, non-native species that cause or may cause harm can be regulated as invasive species based on a risk assessment. Michigan’s regulatory process follows these steps:
1

Species selection

Experts from the Michigan Invasive Species Program (MISP), including staff from the departments of Agriculture and Rural Development; Environment, Great Lakes, and Energy; and Natural Resources (MDARD, EGLE and DNR), select species for assessment.
  • Experts include suggestions from public comment periods to inform choices.
  • Anyone can make suggestions outside of formal public comment periods:
 
2

Risk assessment

Experts from the Michigan Invasive Species Program complete risk assessments for the selected species.
 
3

Regulation proposal

A proposal is developed if a species is determined to be a high risk by the completed risk assessment.
  • Expert staff determine whether the high-risk species should be recommended to be prohibited (not widely distributed in Michigan) or restricted (widely distributed in Michigan).
  • The relevant department posts a draft invasive species order with the proposed changes to regulations for at least 30 days, often with a corresponding public comment period.
    • Posting the order for 30 days is required by law.
    • Opening the order to public comment is not required by law, but doing so helps MISP experts understand the potential benefits and drawbacks of the proposed order for Michigan communities.
  • MISP experts evaluate all public comments and refine the draft order as appropriate.
 
4

Commission presentation

MISP experts present the draft order and a summary of public comments to the Michigan Commission of Natural Resources and the Michigan Commission of Agriculture and Rural Development.
  • The law dictates that the two departments must consult with each other before issuing an order; staff collaboration and presentations at both Commissions meet this requirement.
5

Commission decision

The Commission with regulatory authority over the species being evaluated makes the decision to approve the order as is, make changes, or decline to regulate the species in question.  
  • MDARD has authority over plants and insects (but not wigglers).
  • DNR has authority over animals (including wigglers but not insects).
 
6

Invasive species order

If the Commission votes to approve the draft order, the commission chair (MDARD) or department director (DNR) signs the order.  
  • The decision takes effect on the date(s) identified in the order.
  • MISP publicizes the decision and notifies affected stakeholders.