SF 2204

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/28/2023 02:46pm

A bill for an act
relating to natural resources; establishing Minnesota Swan Protection Act; allowing
designation of swan resting areas; providing criminal penalties; requiring
rulemaking; appropriating money; amending Minnesota Statutes 2022, section
97A.015, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 97A; 97B.

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

Section 1.

Minnesota Statutes 2022, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 32b. new text end

new text begin Native swan. new text end

new text begin "Native swan" means a trumpeter swan or a tundra swan but
does not include a mute swan.
new text end

Sec. 2.

new text begin [97A.096] DESIGNATED SWAN RESTING AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Swan resting areas. new text end

new text begin The commissioner of natural resources may designate
waters within Minnesota's swan migration corridor as swan resting areas.
new text end

new text begin Subd. 2. new text end

new text begin Public notice and meeting. new text end

new text begin (a) Before the commissioner designates or removes
a designation of a swan resting area, the commissioner must receive public comment and
hold a public meeting in the county where the largest portion of the affected water is located.
new text end

new text begin (b) At least 90 days before the public meeting, the commissioner must post notice of
the proposed designation or removal of a designation at publicly maintained access points
on the affected water.
new text end

new text begin (c) Before the public meeting, the commissioner must publish notice of the meeting in
a news release issued by the commissioner and in a newspaper of general circulation in the
area where the proposed swan resting area is located. The notice must be published at least
once 30 to 60 days before the meeting and at least once seven to 30 days before the meeting.
new text end

new text begin (d) The notices required in this subdivision must summarize the proposed action, invite
public comment, and specify a deadline for receiving public comments. The commissioner
must send each required notice to persons who have registered their names with the
commissioner for this purpose. The commissioner must consider any public comments
received in making a final decision.
new text end

new text begin (e) Designating swan resting areas or removing designations according to this subdivision
is not subject to the rulemaking requirements of chapter 14, and section 14.386 does not
apply.
new text end

new text begin Subd. 3. new text end

new text begin Using lead sinkers. new text end

new text begin A person may not use lead sinkers on a water designated
by the commissioner as a swan resting area under subdivision 1. The commissioner must
maintain a list of swan resting areas and information on the lead sinker restrictions on the
department's website and in any summary of fishing regulations required under section
97A.051.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 15, 2026, the commissioner of natural resources must
submit a report to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over the environment and natural resources on the
implementation of this section and any recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Sunset. new text end

new text begin This section expires January 1, 2027.
new text end

Sec. 3.

new text begin [97B.735] SWANS.
new text end

new text begin A person who takes, harasses, destroys, buys, sells, possesses, transports, or ships a
native swan in violation of the game and fish laws is guilty of a gross misdemeanor.
new text end

Sec. 4. new text begin SWAN RESTITUTION VALUES; RULE AMENDMENTS.
new text end

new text begin (a) The commissioner of natural resources must amend Minnesota Rules, part 6133.0030,
to increase the restitution value of a tundra swan from $200 to $1,000 and the restitution
value of a trumpeter swan from $1,000 to $2,500.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end

Sec. 5. new text begin TITLE.
new text end

new text begin This act may be cited as the "Minnesota Swan Protection Act."
new text end

Sec. 6. new text begin SWAN PROTECTION EDUCATION AND OUTREACH; APPROPRIATION.
new text end

new text begin $1,400,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
of natural resources for designating swan resting areas under this act and to provide increased
education and outreach promoting the protection of swans in the state, including education
regarding the restrictions on taking swans. This is a onetime appropriation and is available
until June 30, 2026.
new text end

Sec. 7. new text begin LEAD TACKLE COLLECTION PROGRAM; APPROPRIATION.
new text end

new text begin $1,000,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
of the Pollution Control Agency for a lead tackle reduction program that provides outreach,
education, and opportunities to safely dispose of and exchange lead tackle throughout the
state.
new text end