We just spent the past three blogs on the roles and individuals behind those roles who write the draft recommendations and reports (Wildlife Division), those who enact voted language of hunting and fishing regulations (Natural Resources Commission) and those who enforce the laws (Law Division).  This blog focuses on the Natural Resources Commission – history, background and a deep dive into process and authority. 

In 1887, the Michigan Legislature hired Game Wardens for the first time to oversee market hunting. In 1921, the Michigan Legislature created the Department of Conservation and a Conservation Commission to manage the State’s natural resources. The Michigan Department of Natural Resources was created in 1965. In 1996, the Natural Resources Commission was granted exclusive legal authority over the regulation of taking game and sport fishing via Proposal G, passed by the citizens of Maichigan on a ballot proposal.  In 2014, the citizens of Michigan passed the Scientific Fisheries and Wildlife Conservation Act that gave the Natural Resources Commission the authority to designate game species.  

These two acts of Michigan Citizens have shown that there is support for the regulation of game and sportfish management to be held by a governing body designed as the Natural Resources Commission is.  The goal is to ensure the regulations are made by a group of individuals who have a vested interest in the management of these species, represent a balanced political party background, and make decisions using sound science.  

The Natural Resources Commission is made up of seven individuals. Commissioners are appointed by the Governor and subject to the advice and consent of the Senate. Commissioners serve four-year terms, which can be reappointed at the end of their term. The Natural Resources Commission has exclusive authority to regulate the taking of game and sportfish, is authorized to designate game species and authorize the establishment of the first open season for animals through the issuance of orders.  

Inputs regarding regulation concepts and information come to the Natural Resources Commission in a multitude of ways. A couple of primary avenues include: information and reports from the Department of Natural Resources, stakeholder groups and the general public.  

The Department of Natural Resources is tasked with providing information and reports pertaining to the management of wildlife and fish species. These reports are written by biologists and statisticians with backgrounds in their fields that give them credibility and experience to be experts testifying at the results of the work that has been done in Michigan to understand population levels, dynamics, influences, harvest reporting, and survey reporting (looking at submitted harvest data, hunter satisfaction, and hunter answers to questions related to management concepts or observations), etc. The Department of Natural Resources also works closely with Universities and Colleges in Michigan and other states that are doing research on various wildlife and fisheries species, diseases, habitats, climate impacts, etc.  This information is provided to the Commissioners to aid in their decision making on related management regulations. 

The Department of Natural Resources is also tasked with seeking public feedback in the forms of stakeholder groups, public meetings, accepting public comments, and reporting all of these feedbacks to the Natural Resources Commission. One example pertaining specifically to deer is the Deer Advisory Team, a group of various stakeholders who have opportunity to see what the research has found on various deer topics and can come together and vote on proposals to put before the NRC or make non regulatory recommendations to the DNR.  More information here.

The Natural Resources Commission holds monthly meetings, open to the public, where they host presentations from Department of Natural Resource staff and other experts on various fisheries and wildlife topics. In addition to these presentations, the public is invited to participate in public comment times where stakeholders (organizations and individuals) are given time to share with the Commission their concerns, ideas, and observations. 

In general, the Michigan Department of Natural Resources provides the Natural Resources Commission with Wildlife Conservation Order language based on the proposed recommendations by the Department or former conversations with the Commissioners. This is put before the Commissioners along with a public comment period. The Natural Resources Comission takes the Wildlife Conservation Order language and public input, along with their own thoughts and conclusions, and can collectively make amendments, or changes, to the Wildlife Conservation Order. Once there is agreement on the language of the Order, the Commissioners vote on the Order; majority vote enacts the law. 

This all seems pretty simple. Where the complexities come in is determining which proposals truly are under the authority of the Natural Recourses Commission or if the Legislature (Michigan House and Senate) have authority. Some issues are complicated because of limits or confusion about legal definitions. This requires the Attorney General and may end up going before the Michigan Supreme Court. While the NRC has authority over the taking of game and sportfish, the Legislature has authority over license fees and license types. This is where things like earn-a-buck or one-buck licenses become complicated. We are seeing now the House has passed a baiting and feeding law and it has moved on to the Senate, whereas the NRC had banned baiting, and updated its regulation in 2019. 

We will be having a podcast to cover this topic any questions you may have. Please submit questions you would like addressed below. 

Sources and further information: 

NRC: https://www.michigan.gov/dnr/about/boards/nrc, https://www.michigan.gov/dnr/about/boards/nrc/natural-resources-commission-policies 

Laws: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-451-1994-III-2-1-WILDLIFE-CONSERVATION-401, https://www.michigan.gov/dnr/managing-resources/laws/orders/wildlife-conservation-order 

Special “thank you” to guest contributor, Bryan Burroughs, for your insights and commentary assisting with this write-up. Policy making is complicated, and your longstanding and diverse experience in the policy realm is invaluable. 

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Graphic about NRC regulation generated in Copilot.