DNR Rulemaking: Invasive Species

This rulemaking case is completed.

What is this rule about?

This rule is about prohibited and regulated invasive species.

What will this rulemaking do?

  • The proposed rules are about classifying the species listed below as Prohibited Invasive Species under DNR rules (Minnesota Rules, 6216.0250). The Minnesota invasive species laws webpage lists currently classified species.
  • Prohibited invasive species are illegal to possess, import, purchase, sell, propagate, transport or introduce without a permit from the DNR (Minnesota Statutes, chapter 84D).
  • All species proposed for designation as invasive species have been assessed using criteria in Minnesota Statutes, chapter 84D The DNR evaluates non-native species for how likely they are to be introduced to the state and survive, spread, and their potential impacts to Minnesota’s natural resources and human health. These evaluations are called classification summaries and they support decisions about whether and how to regulate a particular species as an invasive species. The common names below are links to the classification summary documents.
  • The proposed rule will incorporate the federal injurious wildlife list of fish, mollusks, and crustaceans as Minnesota Prohibited Invasive Species under DNR rules. This adds mitten crab, Nile perch, snakehead fish, and walking catfish as Prohibited Invasive Species. Additional information on these species is found below.
  • To protect Minnesota’s environment, economy and natural resources from potential harms from these species, the DNR is proposing to list the following species as prohibited invasive species in Minnesota:

Who might be affected by these rule changes?

The proposed rule changes will likely affect or interest those that sell plants and/or animals, wastewater facilities that use the non-native subspecies of common reed, those that sell materials that may harbor these species (such as compost, mulch, and outdoor grown plants), anglers, those with watergardens or aquaria, vermicomposters, and those with an interest in preventing the introduction of invasive species to Minnesota’s lands and waters. The Minnesota Department of Agriculture and its county and municipal enforcement partners could be affected because the non-native subspecies of common reed is also listed as a Prohibited Noxious Weed under Minnesota Statutes 18.75 - 18.91. The Minnesota Department of Agriculture could also be affected by the regulation of jumping worms because the agency has a nursery inspection program and works with nurseries to help them follow state regulations.

What is the current status?

The DNR used an expedited rulemaking procedure and these changes were made permanent on February 20, 2024 with the exception of jumping worms which become prohibited invasive species on July 1, 2024.

How do I comment on proposed rules?

The DNR accepted written comments on these proposed rules from Oct. 31, 2022 through Dec. 9, 2022. The public comment period has now ended. The DNR invasive species rulemaking website will be updated with final decisions about the proposed rules.

Where can I get more information?

Rulemaking documents:

If you want a free copy of the proposed rules, call or email the DNR contact person listed below and provide your address.

For detailed information about this rulemaking project, see the Invasive Species Program: 2022 Prohibited Invasive Species Rulemaking webpage.

To join the “Aquatic Invasive Species News” email list serve and get updates, go to the aquatic invasive species homepage and submit your email in the “Sign up for updates” box at the bottom of the page. The DNR invasive species rulemaking website will be updated with final decisions about the proposed rules.

DNR contact:
Laura Van Riper
Ecological and Water Resources Division
Minnesota Department of Natural Resources
500 Lafayette Road, St. Paul, MN 55155-4025
[email protected]

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