HF 433

as introduced - 89th Legislature (2015 - 2016) Posted on 02/02/2015 03:39pm

A bill for an act
relating to game and fish; requiring the commissioner to make certain
considerations when adopting rules and making funding decisions; amending
Minnesota Statutes 2014, sections 84.027, subdivision 13; 97A.045, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 84.027, subdivision 13, is amended to read:

Subd. 13.

Game and fish rules.

(a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:

(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, to open or close bodies of water or portions of bodies of water for night bow
fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;

(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and

(3) section 84D.12 to list prohibited invasive species, regulated invasive species,
unregulated nonnative species, and infested waters.

(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459, including the need to adjust season variables on an annual basis
based upon current biological and harvest data, the commissioner may adopt a rule
under this subdivision by submitting the rule to the attorney general for review under
section 97A.0455, publishing a notice in the State Register and filing the rule with the
secretary of state and the Legislative Coordinating Commission, and complying with
section 97A.0459, and including a statement of the conditions and a copy of the rule in the
notice. The conditions for opening a water body or portion of a water body for night bow
fishing under this section may include the need to temporarily open the area to evaluate
compatibility of the activity on that body of water prior to permanent rulemaking. The
notice may be published after it is received from the attorney general or five business days
after it is submitted to the attorney general, whichever is earlier.

(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:

(1) the commissioner of natural resources determines that an emergency exists;

(2) the attorney general approves the rule; and

(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.

(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.

(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.

(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.

(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
effective.

new text begin (h) The commissioner shall consider, in writing, the impact upon the state's hunting
and fishing and the taking of game and fish heritage when adopting game and fish rules
and ensure that hunting and fishing and the taking of game and fish are equally preserved
for the people as provided under the Minnesota Constitution, article XIII, section 12.
new text end

Sec. 2.

Minnesota Statutes 2014, section 97A.045, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Duty to preserve hunting and fishing. new text end

new text begin The commissioner shall ensure
that hunting and fishing and the taking of game and fish are equally preserved for the
people as provided under the Minnesota Constitution, article XIII, section 12. When
making a funding decision or recommendation that has the potential to impact hunting,
fishing, or other aspects of taking game or fish, the commissioner must consider, in writing,
the impact of the decision or recommendation on the state's game and fish taking heritage.
new text end