Natural resources: nonnative species; DNR authority to designate restricted or prohibited species; remove. Amends sec. 41301 of 1994 PA 451 (MCL 324.41301).
House Bill 5490 amends section 41301 of the Natural Resources and Environmental Protection Act, which defines terms used in Michigan’s nonnative species law. The bill largely restates and updates the statutory definitions for aquatic, terrestrial, and other organisms, and it lists species classified as “prohibited” or “restricted,” including certain invasive plants, fish, insects, mollusks, crustaceans, birds, and mammals. It also defines related terms such as “introduce,” “native,” “nonnative,” “genetically engineered,” “watercraft,” and “wiggler,” and clarifies when a person is not considered to “possess” a live organism.
The bill’s practical effect is to preserve and organize the state’s framework for regulating invasive and nonnative species, including species that may be stocked, released, transported, or otherwise introduced into Michigan. It continues to identify species that are subject to special controls under section 41302 and related provisions, while expressly excluding wild boar and related swine from the prohibited and restricted species definitions. The bill would affect the Department of Natural Resources and the Department of Agriculture and Rural Development by maintaining their roles in identifying and managing species within their respective jurisdictions.
The overall sentiment in the available record is neutral and technical. There are no committee transcripts or recorded votes provided, so there is no evidence of public debate, support, or opposition in the supplied materials. Based on the bill text, the measure appears to be an administrative and definitional update rather than a major policy shift.
The main point of contention suggested by the text is the scope of state authority over species designation. The caption indicates the bill would remove DNR authority to designate restricted or prohibited species, but the text provided primarily shows the statutory definitions that underpin those designations. If that caption accurately reflects the intended change, the bill could affect how much discretion state agencies have in adding or classifying species, which would matter to environmental regulators, agriculture interests, watercraft users, landowners, and businesses involved in aquaculture, horticulture, or wildlife management.
HB5490 would amend Michigan’s Natural Resources and Environmental Protection Act by revising the statutory definitions used in the state’s invasive and nonnative species program. It would continue to define prohibited and restricted species, clarify agency roles between the Department of Natural Resources and the Department of Agriculture and Rural Development, and preserve rules governing introduction and possession of live organisms. The bill would primarily affect state regulatory authority over invasive species, as well as persons who stock, transport, sell, or otherwise handle listed species.
The available record shows no committee testimony, recorded votes, or other discussion, so the bill’s sentiment cannot be measured from legislative debate. Based on the text alone, it appears to be a technical natural resources measure focused on definitions and species lists, with no clear partisan or ideological framing in the supplied materials. The tone is administrative and regulatory rather than controversial on its face.
The most notable potential contention is the balance between state agency discretion and legislative control over invasive-species designations. The bill caption suggests a change to the DNR’s authority to designate restricted or prohibited species, which could be significant for environmental management and for regulated industries. Other possible concerns involve the inclusion or exclusion of particular species—especially aquatic plants, fish, insects, and swine—because those classifications can affect transport, sale, possession, and eradication obligations for landowners, farmers, anglers, nurseries, and watercraft users.