HF 1096

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; granting the 
  1.3             commissioner of natural resources power to adopt 
  1.4             emergency rules granting protection to species of wild 
  1.5             animals or plants; amending Minnesota Statutes 1994, 
  1.6             section 14.29, subdivision 4.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 14.29, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [GAME AND FISH RULES.] (a) The commissioner of 
  1.11  natural resources may adopt rules under sections 14.29 to 14.36 
  1.12  and this subdivision that are authorized under: 
  1.13     (1) chapters 97A, 97B, and 97C to set open seasons and 
  1.14  areas, to close seasons and areas, to select hunters for areas, 
  1.15  to provide for tagging and registration of game, to prohibit or 
  1.16  allow taking of wild animals to protect a species, and to 
  1.17  prohibit or allow importation, transportation, or possession of 
  1.18  a wild animal; and 
  1.19     (2) sections 84.093, 84.14, 84.15, and 84.152 to set 
  1.20  seasons for harvesting wild ginseng roots and wild rice and to 
  1.21  restrict or prohibit harvesting in designated areas; and 
  1.22     (3) section 84.0895 to designate as endangered, threatened, 
  1.23  or of special concern, a species of wild animal or plant. 
  1.24     Clause (2) does not limit or supersede the commissioner's 
  1.25  authority to establish opening dates, days, and hours of the 
  1.26  wild rice harvesting season under section 84.14, subdivision 3. 
  2.1      (b) If conditions exist that do not allow the commissioner 
  2.2   to comply with sections 14.29 to 14.36, the commissioner may 
  2.3   adopt a rule under this subdivision by submitting the rule to 
  2.4   the attorney general for review under section 14.32, complying 
  2.5   with sections 3.846, subdivision 2, and 14.36, and including a 
  2.6   statement of the emergency conditions and a copy of the rule in 
  2.7   the notice.  The notice may be published after it is received 
  2.8   from the attorney general or five business days after it is 
  2.9   submitted to the attorney general, whichever is earlier.  
  2.10     (c) Rules adopted under paragraph (b) are effective upon 
  2.11  publishing in the State Register and may be effective up to 
  2.12  seven days before publishing and filing under section 3.846, 
  2.13  subdivision 2, if: 
  2.14     (1) the commissioner of natural resources determines that 
  2.15  an emergency exists; 
  2.16     (2) the attorney general approves the rule; and 
  2.17     (3) for a rule that affects more than three counties the 
  2.18  commissioner publishes the rule once in a legal newspaper 
  2.19  published in Minneapolis, St. Paul, and Duluth, or for a rule 
  2.20  that affects three or fewer counties the commissioner publishes 
  2.21  the rule once in a legal newspaper in each of the affected 
  2.22  counties. 
  2.23     (d) Except as provided in paragraph (e), a rule published 
  2.24  under paragraph (c), clause (3), may not be effective earlier 
  2.25  than seven days after publication.  
  2.26     (e) A rule published under paragraph (c), clause (3), may 
  2.27  be effective the day the rule is published if the commissioner 
  2.28  gives notice and holds a public hearing on the rule within 15 
  2.29  days before publication.  
  2.30     (f) The commissioner shall attempt to notify persons or 
  2.31  groups of persons affected by rules adopted under paragraphs (b) 
  2.32  and (c) by public announcements, posting, and other appropriate 
  2.33  means as determined by the commissioner.  
  2.34     (g) Notwithstanding section 14.35, a rule adopted under 
  2.35  this subdivision is effective for the period stated in the 
  2.36  notice but not longer than 18 months after the rule is adopted.  
  3.1      (h) A rule adopted under this subdivision is not subject to 
  3.2   the 180-day time limit in subdivision 2.