Michigan House panel hears rescuer allege DNR overreach after euthanasia order and criminal counts

Lansing — The Michigan House Oversight Subcommittee on Weaponization of State Government heard testimony Wednesday from Matt Lisonbee, founder of Michigan Duck Rescue and Sanctuary, who accused the Michigan Department of Natural Resources of heavy-handed enforcement that briefly culminated in an order to euthanize birds at his sanctuary and misdemeanor charges against him and his wife.

"3 DNR agents, 3 vehicles came to the property for 1 duckling," Lisonbee told the committee as he described a December 2023 incident in which agents removed a mallard and later pursued six misdemeanor counts against each spouse. He said the charges were dropped after public pressure and follow-up review; his legal costs to date were modest, he said, at about $300 with pro bono assistance.

Chair Regas opened the hearing by calling the episode "a troubling chapter" and framing it as part of a pattern of alleged agency overreach. The chair said the committee invited Lisonbee to explain what happened and to propose solutions to reduce conflicting enforcement and improve DNR oversight.

Lisonbee described his organization, started in 2006, as a volunteer-funded rescue that now handles large numbers of domestic and injured wild waterfowl. He said he holds certification from the International Wildlife Rehabilitation Council (IWRC) and is pursuing formal DNR licensure and a scientific/collector's permit, but that his efforts to complete the permitting process were frustrated by slow responses and inconsistent guidance from a DNR permitting staffer he named as Casey Reeds.

Lisonbee presented a series of rescue examples — birds entangled in fishing line, mallards pierced by hooks, geese injured by arrows — and argued that many animals the DNR has labeled "nonreleasable" can live good lives in sanctuary if not euthanized. "If this bird went to a licensed rehabber, by law they would have to euthanize that bird," he said to underline his view that DNR policy and practice sometimes lead to unnecessary killings.

He singled out two DNR officers by name. Lisonbee praised Sergeant Shane Webster as professional but accused another agent, Brandon Hartleben, of unprofessional conduct and of effectively surveilling the sanctuary. He also told the committee that an agent entered a second property he owns without permission while DNR staff were meeting with his wife and attorney.

Committee members probed the timeline of inspections, permits and enforcement. Representative Pawlotsky asked whether Lisonbee had applied for the relevant permits; Lisonbee said he had attempted to start the process in early 2022 but that unclear instructions and repeated, unchanged materials from DNR staff prevented completion. He said a later collector's permit application was denied and that he retains email records of repeated requests for guidance.

Several lawmakers expressed bipartisan concern about the practical consequences for volunteers who try to help injured wildlife. Representative Wigala asked whether ordinary citizens who assist animals are being prosecuted; Lisonbee said such prosecutions occur and that many people learning the rules after the fact are surprised to discover they may have violated rehabilitation or possession rules.

The panel also discussed statutory and administrative fixes. Members referenced recent House activity on the "open fields" doctrine and signaled interest in clarifying the distinction between certification and licensure, simplifying the permit process, and creating a standing working group that would include experienced rehabbers, an independent veterinarian and DNR representatives to set rehabilitation guidance.

Chair Regas said the subcommittee plans follow-up oversight and invited DNR leadership to appear in future sessions; Lisonbee offered to host DNR staff at his facility and volunteered to help craft workable procedures.

Procedural items during the hearing included Representative Shriver's motion to adopt minutes from the Oct. 22 meeting, which passed by unanimous voice, and a later motion by Representative Polchutzky to excuse absent members, which also prevailed. The committee adjourned after agreeing to pursue further meetings to reconcile permit guidance and enforcement practice.

Next steps: the subcommittee plans to invite DNR leadership for further questioning and to explore legislative or administrative changes to permit timelines, rehabilitation oversight, and the application of the open fields doctrine to enforcement actions.