Minnesota Legislature
SF 3550
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to natural resources; modifying wild rice provisions; providing criminal
penalties; amending Minnesota Statutes 2006, sections 1.148; 30.49, subdivisions
1, 2; 84.027, subdivision 13; 84.028, subdivision 1; 84.0894; 84.091; 84.0911;
84.105; 84.15, subdivision 1; 84.152.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 1.148, is amended to read:
1.148 STATE GRAIN.
Subdivision 1.
Wild rice.
new text begin Plants of the genus new text end Zizania deleted text begin aquaticadeleted text end , commonly known as
wild rice or manomin, deleted text begin isdeleted text end new text begin arenew text end the official state grain of the state of Minnesota.
Subd. 2.
Photograph.
A photograph of deleted text begin zizania aquatica, commonly known as wild
rice or manomin,deleted text end new text begin wild ricenew text end may be displayed in the Office of the Secretary of State.
Sec. 2.
Minnesota Statutes 2006, section 30.49, subdivision 1, is amended to read:
Subdivision 1.
Cultivated wild rice.
Wild rice containing a portion of new text begin cultivated
new text end wild rice deleted text begin that is cultivateddeleted text end new text begin , as defined in section 84.091, subdivision 1a,new text end and offered for
wholesale or retail sale in this state must be plainly and conspicuously labeled as either
"paddy" or as "cultivated" in letters of a size and form prescribed by the commissioner.
Sec. 3.
Minnesota Statutes 2006, section 30.49, subdivision 2, is amended to read:
Subd. 2.
Natural lake or river wild rice.
(a)(i) A package deleted text begin containingdeleted text end new text begin that containsnew text end
only 100 percent natural deleted text begin lake or riverdeleted text end wild ricenew text begin , as defined in section 84.091, subdivision
1a, from a lake or river andnew text end that is offered for sale at wholesale or retail sale in this state
must be plainly and conspicuously labeled as "100 percent naturally grown, lake and
river wild rice" in letters of a size and form prescribed by the commissioner. A package
of wild rice labeled "100 percent naturally grown, lake and river wild rice" must also
contain the license number issued under section of the last licensed dealer,
if any, who handled thenew text begin naturalnew text end wild rice.
(ii) A package containing only 100 percent natural lake or river wild rice that
contains a portion of wild rice grown in Canada and offered for wholesale or retail sale in
Minnesota must be plainly and conspicuously labeled as "Canadian" wild rice in letters of
a size and form prescribed by the commissioner.
(b) A package that does not contain 100 percent natural lake or river wild rice may
not contain a label authorized under paragraph (a).
(c) A package containing a portion of 100 percent naturally grown lake and river
wild rice that is harvested by use of mechanical harvesting devices and that is offered
for sale at wholesale or retail in this state must be plainly and conspicuously labeled as
"machine harvested" in letters of a size and form prescribed by the commissioner. In
addition, the letters "machine harvested" must be placed near the product's identity on
the label. Packages containing 100 percent hand-harvested wild rice may be labeled as
"hand harvested."
Sec. 4.
Minnesota Statutes 2006, 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, 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 new text begin natural new text end wild rice and to restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to designate 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, 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 emergency conditions and a copy of the rule in the notice.
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
adopted.
Sec. 5.
Minnesota Statutes 2006, section 84.028, subdivision 1, is amended to read:
Subdivision 1.
Commissioner to control department responsibilities.
The
powers, duties and responsibilities of the Department of Natural Resources relating
to boat safety, firearm safety,new text begin naturalnew text end wild rice deleted text begin harvestdeleted text end new text begin managementnew text end program, ginseng
harvest program, and such other programs as are now or hereafter vested by statute in
the Department of Natural Resources, shall be under the control and supervision of the
commissioner of natural resources.
Sec. 6.
Minnesota Statutes 2006, section 84.0894, is amended to read:
84.0894 ENFORCEMENT OF AQUATIC PLANTS AND ENDANGERED
SPECIES.
An enforcement officer shall enforce a violation of sections 84.0895, 84.091, 84.093,
, and 103G.615 in the same manner as a violation of the game and fish laws.
Sec. 7.
Minnesota Statutes 2006, section 84.091, is amended to read:
84.091 AQUATIC VEGETATION IN PUBLIC WATERSnew text begin ; NATURAL WILD
RICEnew text end .
Subdivision 1.
Ownership.
The state is the owner ofnew text begin naturalnew text end wild rice and other
aquatic vegetation growing in public waters. A person may not acquire a property interest
innew text begin naturalnew text end wild rice or other aquatic vegetation or destroynew text begin naturalnew text end wild rice or aquatic
vegetation, except as authorized under this chapter or section 103G.615.
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
For the purposes of sections 84.091 to 84.15, the following
terms have the meanings given them:
new text end
new text begin
(1) "natural wild rice" means plants of the genus Zizania growing in public waters as
defined in section 103G.005; and
new text end
new text begin
(2) "cultivated wild rice" means plants of the genus Zizania growing in waters that
do not meet the criteria of public waters as defined in section 103G.005.
new text end
Subd. 2.
License required; exception.
(a) Except as provided in paragraph (b), a
person may not harvest, buy, sell, transport, or possess aquatic plants without a license
required under this chapter. A license shall be issued in the same manner as provided
under the game and fish laws.
(b) A resident under the age of 18 years may harvest new text begin natural new text end wild rice without a
license, if accompanied by a person with a new text begin natural new text end wild rice license.
Subd. 3.
License fees.
(a) The fees for the following licenses, to be issued to
residents only, are:
(1) for harvestingnew text begin naturalnew text end wild rice:
(i) for a season, $25; and
(ii) for one day, $15;
(2) for buying and selling wild ginseng, $5;
(3) for anew text begin naturalnew text end wild rice dealer's license to buy and sell 50,000 pounds or lessnew text begin of
natural wild ricenew text end , $70; and
(4) for a new text begin natural new text end wild rice dealer's license to buy and sell more than 50,000 poundsnew text begin of
natural wild ricenew text end , $250.
(b) The fee for a nonresident one-day license to harvestnew text begin naturalnew text end wild rice is $30.
(c) The weight of thenew text begin naturalnew text end wild rice shall be determined in its raw state.
new text begin Subd. 4. new text end
new text begin Natural wild rice management. new text end
new text begin
The commissioner may manage and
improve natural wild rice production in public waters, including destroying or altering
beaver dams and removing beavers from public waters.
new text end
Sec. 8.
Minnesota Statutes 2006, section 84.0911, is amended to read:
84.0911 new text begin NATURAL new text end WILD RICE MANAGEMENT ACCOUNT.
Subdivision 1.
Account established.
Thenew text begin naturalnew text end wild rice management account is
established as an account in the game and fish fund.
Subd. 2.
Receipts.
Money received from the sale ofnew text begin naturalnew text end wild rice licenses
issued by the commissioner under section 84.091deleted text begin , subdivision 3, paragraph (a), clauses
(1), (3), and (4), and subdivision 3, paragraph (b),deleted text end shall be credited to thenew text begin naturalnew text end wild
rice management account.
Subd. 3.
Use of money in account.
Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, money
in thenew text begin naturalnew text end wild rice management account is annually appropriated to the commissioner
and shall be used for management of deleted text begin designateddeleted text end public waters to improve natural wild
rice production.
Sec. 9.
Minnesota Statutes 2006, section 84.105, is amended to read:
84.105 new text begin NATURAL new text end WILD RICE SEASON.
Ripe new text begin natural new text end wild rice may be harvested from July 15 to September 30.
Sec. 10.
Minnesota Statutes 2006, section 84.15, subdivision 1, is amended to read:
Subdivision 1.
Authority to restrict harvest.
The commissioner may restrict or
prohibit the deleted text begin harvestingdeleted text end new text begin harvestnew text end ofnew text begin naturalnew text end wild rice deleted text begin graindeleted text end on public waters deleted text begin of any designated
area when, upon investigation of conditions, it shall be determined necessary or advisable
to protect against undue depletion of the crop so as to retard reseeding or restocking of
such area or so as to endanger its effective use as a natural food for waterfowldeleted text end .
Sec. 11.
Minnesota Statutes 2006, section 84.152, is amended to read:
84.152 new text begin NATURAL new text end WILD RICEnew text begin RULES; DEALERSnew text end .
Subdivision 1.
Rules.
The commissioner shall prescribe rules for harvesting and
possessing new text begin natural new text end wild rice.
Subd. 2.
License required.
A person who buys new text begin natural new text end wild rice within the state
for resale to anyone except consumers, or sells new text begin natural new text end wild rice imported from outside
the state to anyone within the state except consumers must have a new text begin natural new text end wild rice
dealer's license.
Subd. 3.
Application.
deleted text begin (a)deleted text end An application for a new text begin natural new text end wild rice dealer's license must
be made under a written oath. The form of a new text begin natural new text end wild rice dealer's license application
must include:
(1) the amount of new text begin natural new text end wild rice, whether raw or processed, bought or sold by the
applicant during the preceding calendar year;
(2) the amount of new text begin natural new text end wild rice the applicant estimates will be bought or sold
under the license; and
(3) other pertinent information required by the commissioner.
deleted text begin
(b) The license fee must be paid in advance, based on the applicant's estimate. A
license may not be issued for a fee based on a lesser amount of wild rice than was bought
or sold by the applicant during the preceding calendar year.
deleted text end
Subd. 4.
Supplemental license.
A new text begin natural new text end wild rice dealer may not buy or sell
new text begin natural new text end wild rice for which a license is required in excess of the amount covered by the
license. If a new text begin natural new text end wild rice dealer desires to buy or sell new text begin natural new text end wild rice in excess of
the licensed amount, the dealer must apply for a supplemental license. The supplemental
license shall be issued for the additional amount of new text begin natural new text end wild rice upon payment of the
prescribed fee, less credit for the fees paid for the previous license or licenses issued for
the same calendar year. When the supplemental license is issued, the previous licenses
held by the dealer shall be surrendered to the commissioner.
Subd. 6.
Penalties.
(a) A person is guilty of a misdemeanor who:
(1) willfully makes a false statement in an application for a new text begin natural wild rice dealer's
new text end license or in a required report or record; or
(2) violates a provision relating to new text begin natural new text end wild rice dealers.
(b) Each violation is a separate offense. An acquittal prohibits later prosecution
based on a similar charge involving other new text begin natural new text end wild rice in the same transaction.
(c) If a new text begin natural new text end wild rice dealer is convicted of two offenses under this subdivision
within three years, the dealer's license is null and void and the dealer may not be issued a
license for one year after the date of the conviction.