Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 462-S.F.No. 2389 
           An act relating to natural resources; allowing use of 
          alternative rulemaking procedures for certain rules of 
          the commissioner of natural resources; regulating 
          activities relating to stromatolites; changing 
          definitions; modifying provisions relating to game 
          refuges, scientific and natural areas, experimental 
          waters, and special management waters; expanding 
          certain authorities relating to deer licenses; 
          exempting certain rules of the commissioner from the 
          administrative procedure act; allowing nonmetal tags 
          for fish nets; authorizing rulemaking; amending 
          Minnesota Statutes 1990, sections 86A.05, subdivision 
          5; 97A.015, subdivisions 15 and 40; 97A.085, 
          subdivisions 2, 3, 4, 5, 8, and by adding a 
          subdivision; 97A.411, subdivision 3; 97A.485, 
          subdivision 9; 97C.001; 97C.005; 97C.351; and 
          103G.615, subdivision 3; Minnesota Statutes 1991 
          Supplement, sections 14.29, subdivision 4; and 
          97A.093; and Laws 1991, chapter 259, section 25, as 
          amended; proposing coding for new law in Minnesota 
          Statutes, chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
14.29, subdivision 4, is amended to read: 
    Subd. 4.  [GAME AND FISH RULES.] (a) The commissioner of 
natural resources may adopt rules under sections 14.29 to 14.36 
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, to prohibit or 
allow taking of wild animals to protect a species, and to 
prohibit or allow importation, transportation, or possession of 
a wild animal.; and 
    (2) sections 84.093, 84.14, 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. 
    Clause (2) does not limit or supersede the commissioner's 
authority to establish opening dates, days, and hours of the 
wild rice harvesting season under section 84.14, subdivision 3. 
    (b) If conditions exist that do not allow the commissioner 
to comply with sections 14.29 to 14.36, the commissioner may 
adopt a rule under this subdivision by submitting the rule to 
the attorney general for review under section 14.32, complying 
with sections 3.846, subdivision 2, and 14.36, 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 section 3.846, 
subdivision 2, 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 14.35, 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.  
     (h) A rule adopted under this subdivision is not subject to 
the 180-day time limit in subdivision 2. 
    Sec. 2.  [84.1525] [STROMATOLITES.] 
    Subdivision 1.  [PERMIT REQUIRED.] A person may not 
possess, move, or disturb a stromatolite located in waters of 
the state except under a permit issued by the commissioner. 
    Subd. 2.  [RULES.] The commissioner may adopt rules 
governing the issuance of permits under subdivision 1. 
    Sec. 3.  Minnesota Statutes 1990, section 86A.05, 
subdivision 5, is amended to read: 
    Subd. 5.  [STATE SCIENTIFIC AND NATURAL AREAS; PURPOSE; 
RESOURCE AND SITE QUALIFICATIONS; ADMINISTRATION; DESIGNATION.] 
(a) A state scientific and natural area shall be established to 
protect and perpetuate in an undisturbed natural state those 
natural features which possess exceptional scientific or 
educational value.  
    (b) No unit shall be authorized as a scientific and natural 
area unless its proposed location substantially satisfies the 
following criteria: 
    (1) Embraces natural features of exceptional scientific and 
educational value, including but not limited to any of the 
following: 
    (i) natural formations or features which significantly 
illustrate geological processes; 
    (ii) significant fossil evidence of the development of life 
on earth; 
    (iii) an undisturbed plant community maintaining itself 
under prevailing natural conditions typical of Minnesota; 
    (iv) an ecological community significantly illustrating the 
process of succession and restoration to natural condition 
following disruptive change; 
    (v) a habitat supporting a vanishing, rare, endangered, or 
restricted species of plant or animal; 
    (vi) a relict flora or fauna persisting from an earlier 
period; or 
    (vii) a seasonal haven for concentrations of birds and 
animals, or a vantage point for observing concentrated 
populations, such as a constricted migration route; and 
    (2) Embraces an area large enough to permit effective 
research or educational functions and to preserve the inherent 
natural values of the area.  
    (c) State scientific and natural areas shall be 
administered by the commissioner of natural resources, in 
consultation with qualified persons, in a manner which is 
consistent with the purposes of this subdivision to preserve, 
perpetuate and protect from unnatural influences the scientific 
and educational resources within them.  Interpretive studies may 
be provided for the general public.  Physical development shall 
be limited to the facilities absolutely necessary for 
protection, research, and educational projects, and, where 
appropriate, for interpretive services. 
    (d) An area designated as a state scientific and natural 
area shall not be altered in designation or use without holding 
a public hearing on the matter at a time and place designated in 
the notice of the hearing, which shall be published once in a 
legal newspaper in each county in which the lands are situated 
at least seven days in advance of the hearing.  At the hearing 
the commissioner shall provide an opportunity for any person to 
be heard.  
    (d) (e) At the discretion of the managing agency, each 
scientific and natural area shall be designated as one of the 
following types: 
    (i) Research unit.  Use is limited to programs conducted by 
qualified scientists and college graduate and postgraduate 
students.  
    (ii) Educational unit.  Permitted uses include all 
activities specified in paragraph (i) above and primary, 
secondary, and college undergraduate programs.  
    (iii) Public use unit.  Permitted uses include all uses 
permitted in paragraphs (i) and (ii) above and interpretive 
programs for the benefit of the general public.  
    Sec. 4.  Minnesota Statutes 1990, section 97A.015, 
subdivision 15, is amended to read: 
    Subd. 15.  [DESIGNATED TROUT LAKE; DESIGNATED TROUT 
STREAM.] "Designated trout lake" or "designated trout stream" 
means a lake or stream designated by the commissioner as a trout 
lake or a trout stream under section 97C.001 97C.005. 
    Sec. 5.  Minnesota Statutes 1990, section 97A.015, 
subdivision 40, is amended to read: 
    Subd. 40.  [PUBLIC ACCESS.] "Public access" means an access 
that is publicly owned by the state or a political subdivision 
and accessible to the public without charge.  
    Sec. 6.  Minnesota Statutes 1990, section 97A.085, 
subdivision 2, is amended to read: 
    Subd. 2.  [ESTABLISHMENT BY COMMISSIONER'S ORDER 
COMMISSIONER.] The commissioner may designate, by order, a 
contiguous area of at least 640 acres as a game refuge if more 
than 50 percent of the area is in public ownership.  
    Sec. 7.  Minnesota Statutes 1990, section 97A.085, 
subdivision 3, is amended to read: 
    Subd. 3.  [ESTABLISHMENT BY PETITION OF LAND HOLDERS.] The 
commissioner may designate by order a land area described in a 
petition as a game refuge.  The petition must be signed by the 
owner, the lessee, or the person in possession of each tract in 
the area.  A certificate of the auditor of the county where the 
lands are located must accompany the petition stating that the 
persons named in the petition are the owners, lessees, or 
persons in possession of all of the land described according to 
the county records.  The game refuge must be a contiguous area 
of at least 640 acres unless it borders or includes a marsh, or 
other body of water or watercourse suitable for wildlife habitat.
    Sec. 8.  Minnesota Statutes 1990, section 97A.085, 
subdivision 4, is amended to read: 
    Subd. 4.  [ESTABLISHMENT BY PETITION OF COUNTY RESIDENTS.] 
The commissioner may, by order, designate as a game refuge a 
contiguous area of at least 640 acres, described in a petition, 
signed by 50 or more residents of the county where the area is 
located.  Before designation, the commissioner must hold a 
public hearing on the petition.  The notices of the time and 
place of the hearing must be posted in five of the most 
conspicuous places within the proposed game refuge at least 15 
days before the hearing.  A notice of the hearing must be 
published in a legal newspaper in each county where the area is 
located at least seven days before the hearing.  The game refuge 
may be designated only if the commissioner finds that protected 
wild animals are depleted and are in danger of extermination, or 
that it will best serve the public interest.  
    Sec. 9.  Minnesota Statutes 1990, section 97A.085, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [HEARING REQUIRED.] Before designating a game 
refuge under this section, the commissioner must hold a public 
hearing within the county where the majority of the proposed 
game refuge exists.  Notices of the time and place of the 
hearing must be posted in five conspicuous places within the 
proposed game refuge at least 15 days before the hearing.  A 
notice of the hearing must be published in a legal newspaper in 
each county where the area is located at least seven days before 
the hearing.  Designation of a game refuge under this section is 
not subject to chapter 14. 
    Sec. 10.  Minnesota Statutes 1990, section 97A.085, 
subdivision 5, is amended to read: 
    Subd. 5.  [GAME REFUGE FOR SPECIFIED GAME.] The 
commissioner may, by order, designate a game refuge under this 
section for only specified species.  The game refuge must be 
posted accordingly.  
    Sec. 11.  Minnesota Statutes 1990, section 97A.085, 
subdivision 8, is amended to read: 
    Subd. 8.  [MODIFICATION OR ABANDONMENT.] A state game 
refuge may be vacated or modified by order of the commissioner 
under the same procedures required for establishment of the 
refuge.  The commissioner may not vacate or modify boundaries of 
a state game refuge established under subdivision 4 until the 
requirements of a petition, notice, and hearing have been 
complied with to vacate or modify the boundaries.  
    Sec. 12.  Minnesota Statutes 1991 Supplement, section 
97A.093, is amended to read: 
    97A.093 [HUNTING, TRAPPING, AND FISHING IN SCIENTIFIC AND 
NATURAL AREAS.] 
    Except as otherwise provided by law, scientific and natural 
areas are closed to hunting, trapping, and fishing unless opened 
by rule of the commissioner.: 
    (1) for scientific and natural areas designated before May 
15, 1992, the designating document allows hunting, trapping, or 
fishing; or 
    (2) for other scientific and natural areas, the 
commissioner allows hunting, trapping, or fishing in accordance 
with the procedure in section 86A.05, subdivision 5, paragraph 
(d). 
    Sec. 13.  Minnesota Statutes 1990, section 97A.411, 
subdivision 3, is amended to read: 
    Subd. 3.  [ARCHERY DEER LICENSE.] (a) Except as provided in 
paragraph (b), a license to take deer by archery issued after 
the opening of the archery deer season is not valid until the 
fifth day after it is issued.  
    (b) The commissioner may issue a license to take a second 
deer by archery under section 97B.301, subdivision 4, that is 
valid immediately upon issuance. 
    Sec. 14.  Minnesota Statutes 1990, section 97A.485, 
subdivision 9, is amended to read: 
    Subd. 9.  [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON 
OPENS.] (a) The following licenses may not be issued after the 
day before the opening of the related firearms season: 
    (1) to take deer with firearms or by archery, except a 
license to take a second deer under section 97B.301, subdivision 
4; 
    (2) to guide bear hunters; and 
    (3) to guide turkey hunters.  
    (b) Paragraph (a) does not apply to deer licenses for 
discharged military personnel under section 97A.465, subdivision 
4.  
    (c) A nonresident license or tag to take and possess 
raccoon, bobcat, Canada lynx, or fox may not be issued after the 
fifth day of the open season.  
     Sec. 15.  Minnesota Statutes 1990, section 97C.001, is 
amended to read: 
    97C.001 [EXPERIMENTAL WATERS.] 
    Subdivision 1.  [DEFINITION; DESIGNATION.] (a) Experimental 
waters are lakes and streams where special regulations are used 
and evaluated to meet a specific fisheries objective. 
    (b) The commissioner may designate all or part of a lake or 
stream any waters of the state having free access to the public 
as experimental waters.  The designated experimental waters may 
not exceed 100 lakes and 25 streams at one time.  Only lakes and 
streams that have a public access may be designated.  For all 
experimental waters, the commissioner shall develop an 
evaluation plan and specify a termination date.  On the 
termination date, the commissioner shall vacate or extend the 
experimental waters designation, or designate the experimental 
waters as special management waters under section 97C.005.  The 
commissioner shall by rule establish methods and criteria for 
public initiation of experimental waters designation and for 
public participation in the evaluation of the waters designated. 
    (c) Designation of experimental waters under this section 
is not subject to chapter 14. 
    Subd. 2.  [PUBLIC NOTICE AND MEETING.] (a) Before the 
commissioner designates, or vacates or extends the designation 
of, experimental waters, a public meeting must be held in the 
county where the largest portion of the lake or stream waters is 
located.  
    (b) At least seven 90 days before the public meeting and 
during the open angling season for fish the taking of which is, 
or is proposed to be, regulated under subdivision 3 on the 
waters under consideration, notice of the proposed designation, 
vacation, or extension must be posted at publicly maintained 
access points on the water. 
    (c) Before the public meeting, notice of the meeting must 
be published in a legal news release issued by the commissioner 
and in a newspaper within the counties of general circulation in 
the area where the lake or stream is proposed experimental 
waters are located.  The notice must be published at least once 
between 30 and 60 days before the meeting, and at least once 
between 7 and 30 days before the meeting. 
    (d) The notices required in this subdivision must summarize 
the proposed action, invite public comment, and specify a 
deadline for the receipt of public comments.  The commissioner 
shall mail a copy of each required notice to persons who have 
registered their names with the commissioner for this purpose.  
The commissioner shall consider any public comments received in 
making a final decision. 
    (e) If a lake water to be designated has is a lake with a 
water area of more than 1,500 acres, or is a stream or river 
with a reach of more than six miles, a public meeting must also 
be held in the seven-county metropolitan area. 
    Subd. 3.  [SEASONS, LIMITS, AND RULES OTHER REQUIREMENTS.] 
The commissioner may, in accordance with the procedures in 
subdivision 2 or by order rule under chapter 14, establish open 
seasons, limits, methods, and other rules to take requirements 
for taking fish on experimental waters. 
    Sec. 16.  Minnesota Statutes 1990, section 97C.005, is 
amended to read: 
    97C.005 [SPECIAL MANAGEMENT LAKES WATERS.] 
    Subdivision 1.  [DEFINITION; DESIGNATION.] The commissioner 
may classify waters (a) Special management waters are waters 
that: 
    (1) have been subject to special regulations that have been 
evaluated and proven effective under an experimental waters 
designation under section 97C.001; or 
    (2) are classified by the commissioner for their primary 
use as trophy lakes, family fishing lakes, designated trout 
lakes, designated trout streams, special species management 
lakes, and other designated uses.  
    (b) The commissioner may designate any waters of the state, 
including experimental waters, as special management waters.  
The commissioner shall by rule establish methods and criteria 
for public participation in the evaluation and designation of 
waters as special management waters. 
    (c) Designation of special management waters under this 
section is not subject to chapter 14. 
    Subd. 2.  [PUBLIC NOTICE AND MEETING.] (a) Before the 
commissioner designates special management waters, public 
comment must be received and, for waters other than those 
proposed to be designated as trout streams or trout lakes, a 
public meeting must be held in the county where the largest 
portion of the waters is located. 
    (b) For waters previously designated as experimental 
waters, a proposed change in status to special management waters 
must be announced before the public meeting by notice published 
in a news release issued by the commissioner and in a newspaper 
of general circulation in the area where the waters are 
located.  The notice must be published at least once between 30 
and 60 days before the public meeting, and at least once between 
seven and 30 days before the meeting.  If a water proposed to be 
designated is a lake with a water area of more than 1,500 acres, 
or is a stream or river with a reach of more than six miles, a 
public meeting must also be held in the seven-county 
metropolitan area. 
    (c) For proposed special management waters, other than 
designated trout lakes and designated trout streams, that were 
not previously designated as experimental waters, notice of the 
proposed designation must be given as provided in this 
paragraph.  The notice must be posted at publicly maintained 
access points at least 90 days before the public meeting and 
during the open angling season for fish the taking of which on 
the waters is proposed to be regulated under subdivision 3.  
Before the public meeting, notice of the meeting must be 
published in a news release issued by the commissioner and in a 
newspaper of general circulation in the area where the proposed 
special management waters are located.  The notice must be 
published at least once between 30 and 60 days before the 
meeting, and at least once between seven and 30 days before the 
meeting.  If a water to be designated is a lake with a water 
area of more than 1,500 acres, or is a stream or river with a 
reach of more than six miles, a public meeting must also be held 
in the seven-county metropolitan area. 
    (d) For waters proposed to be designated as trout streams 
or trout lakes, notice of the proposed designation must be 
published at least 90 days before the effective date of the 
designation in a news release issued by the commissioner and in 
a newspaper of general circulation in the area where the waters 
are located.  In addition, all riparian owners along the waters 
must be notified at least 90 days before the effective date of 
the designation. 
    (e) The notices required in this subdivision must summarize 
the proposed action, invite public comment, and specify a 
deadline for the receipt of public comments.  The commissioner 
shall mail a copy of each required notice to persons who have 
registered their names with the commissioner for this purpose.  
The commissioner shall consider any public comments received in 
making a final decision. 
    Subd. 3.  [SEASONS, LIMITS, AND OTHER RULES.] The 
commissioner may, in accordance with the procedures in 
subdivision 2, paragraphs (c) and (e), or by rule under chapter 
14, establish open seasons, limits, methods, and other 
requirements for taking fish on special management waters. 
    Sec. 17.  Minnesota Statutes 1990, section 97C.351, is 
amended to read: 
    97C.351 [FISH NETS MUST HAVE TAG ATTACHED.] 
    A person may not possess a fish net unless specifically 
authorized or a metal tag is attached bearing the name and 
address of the owner when the net is not in use and the name and 
address of the operator when the net is in use, as prescribed by 
the commissioner.  This section does not apply to minnow nets, 
landing nets, dip nets, and nets in stock for sale by dealers. 
    Sec. 18.  Minnesota Statutes 1990, section 103G.615, 
subdivision 3, is amended to read: 
    Subd. 3.  [PERMIT STANDARDS.] The commissioner shall, 
by order rule, prescribe standards to issue and deny permits 
under subdivision 2 this section.  The standards must ensure 
that aquatic plant control is consistent with shoreland 
conservation ordinances, lake management plans and programs, and 
wild and scenic river plans.  
    Sec. 19.  Laws 1991, chapter 259, section 25, is amended to 
read: 
    Sec. 25.  [EFFECTIVE DATE.] 
    This act is Sections 17, 21, and 22 are effective May 15, 
1992.  Sections 1 to 16, and 18 to 20 are effective July 1, 1992.
    Sec. 20.  [EFFECTIVE DATE.] 
    Sections 2, 12 and 19 are effective May 15, 1992.  Sections 
1, 3 to 11 and 13 to 18 are effective July 1, 1992. 
    Presented to the governor April 14, 1992 
    Signed by the governor April 17, 1992, 9:57 a.m.