1.1 	A bill for an act
1.2 	relating to natural resources; modifying wild rice provisions; providing criminal 
1.3 	penalties;amending Minnesota Statutes 2006, sections 1.148; 30.49, subdivisions 
1.4 	1, 2; 84.027, subdivision 13; 84.028, subdivision 1; 84.0894; 84.091; 84.0911; 
1.5 	84.105; 84.15, subdivision 1; 84.152.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 1.148, is amended to read:
1.8 	1.148 STATE GRAIN.
1.9 		Subdivision 1.Wild rice. Plants of the genus Zizania aquatica, commonly known as 
1.10 	wild rice or manomin, is are the official state grain of the state of Minnesota.
1.11 		Subd. 2.Photograph. A photograph of zizania aquatica, commonly known as wild 
1.12 	rice or manomin, wild rice may be displayed in the Office of the Secretary of State.

1.13 	Sec. 2. Minnesota Statutes 2006, section 30.49, subdivision 1, is amended to read:
1.14 		Subdivision 1.Cultivated wild rice. Wild rice containing a portion of cultivated 
1.15 	wild rice that is cultivated, as defined in section 84.091, subdivision 1a, and offered for 
1.16 	wholesale or retail sale in this state must be plainly and conspicuously labeled as either 
1.17 	"paddy" or as "cultivated" in letters of a size and form prescribed by the commissioner.

1.18 	Sec. 3. Minnesota Statutes 2006, section 30.49, subdivision 2, is amended to read:
1.19 		Subd. 2.Natural lake or river wild rice. (a)(i) A package containing that contains
1.20 	only 100 percent natural lake or river wild rice, as defined in section 84.091, subdivision 
1.21 	1a, from a lake or river and that is offered for sale at wholesale or retail sale in this state 
1.22 	must be plainly and conspicuously labeled as "100 percent naturally grown, lake and 
2.1 	river wild rice" in letters of a size and form prescribed by the commissioner. A package 
2.2 	of wild rice labeled "100 percent naturally grown, lake and river wild rice" must also 
2.3 	contain the license number issued under section 84.152 84.15 of the last licensed dealer, 
2.4 	if any, who handled the natural wild rice. 
2.5 	(ii) A package containing only 100 percent natural lake or river wild rice that 
2.6 	contains a portion of wild rice grown in Canada and offered for wholesale or retail sale in 
2.7 	Minnesota must be plainly and conspicuously labeled as "Canadian" wild rice in letters of 
2.8 	a size and form prescribed by the commissioner.
2.9 	(b) A package that does not contain 100 percent natural lake or river wild rice may 
2.10 	not contain a label authorized under paragraph (a).
2.11 	(c) A package containing a portion of 100 percent naturally grown lake and river 
2.12 	wild rice that is harvested by use of mechanical harvesting devices and that is offered 
2.13 	for sale at wholesale or retail in this state must be plainly and conspicuously labeled as 
2.14 	"machine harvested" in letters of a size and form prescribed by the commissioner. In 
2.15 	addition, the letters "machine harvested" must be placed near the product's identity on 
2.16 	the label. Packages containing 100 percent hand-harvested wild rice may be labeled as 
2.17 	"hand harvested."

2.18 	Sec. 4. Minnesota Statutes 2006, section 84.027, subdivision 13, is amended to read:
2.19 		Subd. 13.Game and fish rules. (a) The commissioner of natural resources may 
2.20 	adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized 
2.21 	under:
2.22 	(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and 
2.23 	areas, to select hunters for areas, to provide for tagging and registration of game and fish, 
2.24 	to prohibit or allow taking of wild animals to protect a species, to prevent or control 
2.25 	wildlife disease, and to prohibit or allow importation, transportation, or possession of 
2.26 	a wild animal;
2.27 	(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng 
2.28 	roots and natural wild rice and to restrict or prohibit harvesting in designated areas; and
2.29 	(3) section 84D.12 to designate prohibited invasive species, regulated invasive 
2.30 	species, unregulated nonnative species, and infested waters.
2.31 	(b) If conditions exist that do not allow the commissioner to comply with sections 
2.32 	97A.0451 to 97A.0459, the commissioner may adopt a rule under this subdivision 
2.33 	by submitting the rule to the attorney general for review under section 97A.0455, 
2.34 	publishing a notice in the State Register and filing the rule with the secretary of state and 
2.35 	the Legislative Coordinating Commission, and complying with section 97A.0459, and 
3.1 	including a statement of the emergency conditions and a copy of the rule in the notice. 
3.2 	The notice may be published after it is received from the attorney general or five business 
3.3 	days after it is submitted to the attorney general, whichever is earlier.
3.4 	(c) Rules adopted under paragraph (b) are effective upon publishing in the State 
3.5 	Register and may be effective up to seven days before publishing and filing under 
3.6 	paragraph (b), if:
3.7 	(1) the commissioner of natural resources determines that an emergency exists;
3.8 	(2) the attorney general approves the rule; and
3.9 	(3) for a rule that affects more than three counties the commissioner publishes the 
3.10 	rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a 
3.11 	rule that affects three or fewer counties the commissioner publishes the rule once in a legal 
3.12 	newspaper in each of the affected counties.
3.13 	(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause 
3.14 	(3), may not be effective earlier than seven days after publication.
3.15 	(e) A rule published under paragraph (c), clause (3), may be effective the day the 
3.16 	rule is published if the commissioner gives notice and holds a public hearing on the rule 
3.17 	within 15 days before publication.
3.18 	(f) The commissioner shall attempt to notify persons or groups of persons affected 
3.19 	by rules adopted under paragraphs (b) and (c) by public announcements, posting, and 
3.20 	other appropriate means as determined by the commissioner.
3.21 	(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is 
3.22 	effective for the period stated in the notice but not longer than 18 months after the rule is 
3.23 	adopted.

3.24 	Sec. 5. Minnesota Statutes 2006, section 84.028, subdivision 1, is amended to read:
3.25 		Subdivision 1.Commissioner to control department responsibilities. The 
3.26 	powers, duties and responsibilities of the Department of Natural Resources relating 
3.27 	to boat safety, firearm safety, natural wild rice harvest management program, ginseng 
3.28 	harvest program, and such other programs as are now or hereafter vested by statute in 
3.29 	the Department of Natural Resources, shall be under the control and supervision of the 
3.30 	commissioner of natural resources.

3.31 	Sec. 6. Minnesota Statutes 2006, section 84.0894, is amended to read:
3.32 	84.0894 ENFORCEMENT OF AQUATIC PLANTS AND ENDANGERED 
3.33 	SPECIES.
4.1 	An enforcement officer shall enforce a violation of sections 84.0895, 84.091, 84.093, 
4.2 	84.152 84.15, and 103G.615 in the same manner as a violation of the game and fish laws. 

4.3 	Sec. 7. Minnesota Statutes 2006, section 84.091, is amended to read:
4.4 	84.091 AQUATIC VEGETATION IN PUBLIC WATERS; NATURAL WILD 
4.5 	RICE.
4.6 		Subdivision 1.Ownership. The state is the owner of natural wild rice and other 
4.7 	aquatic vegetation growing in public waters. A person may not acquire a property interest 
4.8 	in natural wild rice or other aquatic vegetation or destroy natural wild rice or aquatic 
4.9 	vegetation, except as authorized under this chapter or section 103G.615. 
4.10 		Subd. 1a.Definitions. For the purposes of sections 84.091 to 84.15, the following 
4.11 	terms have the meanings given them:
4.12 	(1) "natural wild rice" means plants of the genus Zizania growing in public waters as 
4.13 	defined in section 103G.005; and
4.14 	(2) "cultivated wild rice" means plants of the genus Zizania growing in waters that 
4.15 	do not meet the criteria of public waters as defined in section 103G.005.
4.16 		Subd. 2.License required; exception. (a) Except as provided in paragraph (b), a 
4.17 	person may not harvest, buy, sell, transport, or possess aquatic plants without a license 
4.18 	required under this chapter. A license shall be issued in the same manner as provided 
4.19 	under the game and fish laws.
4.20 	(b) A resident under the age of 18 years may harvest natural wild rice without a 
4.21 	license, if accompanied by a person with a natural wild rice license.
4.22 		Subd. 3.License fees. (a) The fees for the following licenses, to be issued to 
4.23 	residents only, are:
4.24 	(1) for harvesting natural wild rice:
4.25 	(i) for a season, $25; and
4.26 	(ii) for one day, $15;
4.27 	(2) for buying and selling wild ginseng, $5;
4.28 	(3) for a natural wild rice dealer's license to buy and sell 50,000 pounds or less of 
4.29 	natural wild rice, $70; and
4.30 	(4) for a natural wild rice dealer's license to buy and sell more than 50,000 pounds of 
4.31 	natural wild rice, $250.
4.32 	(b) The fee for a nonresident one-day license to harvest natural wild rice is $30.
4.33 	(c) The weight of the natural wild rice shall be determined in its raw state.
5.1 		Subd. 4.Natural wild rice management. The commissioner may manage and 
5.2 	improve natural wild rice production in public waters, including destroying or altering 
5.3 	beaver dams and removing beavers from public waters.

5.4 	Sec. 8. Minnesota Statutes 2006, section 84.0911, is amended to read:
5.5 	84.0911 NATURAL WILD RICE MANAGEMENT ACCOUNT.
5.6 		Subdivision 1.Account established. The natural wild rice management account is 
5.7 	established as an account in the game and fish fund.
5.8 		Subd. 2.Receipts. Money received from the sale of natural wild rice licenses 
5.9 	issued by the commissioner under section 84.091, subdivision 3, paragraph (a), clauses 
5.10 	(1), (3), and (4), and subdivision 3, paragraph (b), shall be credited to the natural wild 
5.11 	rice management account.
5.12 		Subd. 3.Use of money in account. Except for the electronic licensing system 
5.13 	commission established by the commissioner under section 84.027, subdivision 15, money 
5.14 	in the natural wild rice management account is annually appropriated to the commissioner 
5.15 	and shall be used for management of designated public waters to improve natural wild 
5.16 	rice production.

5.17 	Sec. 9. Minnesota Statutes 2006, section 84.105, is amended to read:
5.18 	84.105 NATURAL WILD RICE SEASON.
5.19 	Ripe natural wild rice may be harvested from July 15 to September 30.

5.20 	Sec. 10. Minnesota Statutes 2006, section 84.15, subdivision 1, is amended to read:
5.21 		Subdivision 1.Authority to restrict harvest. The commissioner may restrict or 
5.22 	prohibit the harvesting harvest of natural wild rice grain on public waters of any designated 
5.23 	area when, upon investigation of conditions, it shall be determined necessary or advisable 
5.24 	to protect against undue depletion of the crop so as to retard reseeding or restocking of 
5.25 	such area or so as to endanger its effective use as a natural food for waterfowl.

5.26 	Sec. 11. Minnesota Statutes 2006, section 84.152, is amended to read:
5.27 	84.152 NATURAL WILD RICE RULES; DEALERS.
5.28 		Subdivision 1.Rules. The commissioner shall prescribe rules for harvesting and 
5.29 	possessing natural wild rice.
5.30 		Subd. 2.License required. A person who buys natural wild rice within the state 
5.31 	for resale to anyone except consumers, or sells natural wild rice imported from outside 
6.1 	the state to anyone within the state except consumers must have a natural wild rice 
6.2 	dealer's license.
6.3 		Subd. 3.Application. (a) An application for a natural wild rice dealer's license must 
6.4 	be made under a written oath. The form of a natural wild rice dealer's license application 
6.5 	must include:
6.6 	(1) the amount of natural wild rice, whether raw or processed, bought or sold by the 
6.7 	applicant during the preceding calendar year;
6.8 	(2) the amount of natural wild rice the applicant estimates will be bought or sold 
6.9 	under the license; and
6.10 	(3) other pertinent information required by the commissioner.
6.11 	(b) The license fee must be paid in advance, based on the applicant's estimate. A 
6.12 	license may not be issued for a fee based on a lesser amount of wild rice than was bought 
6.13 	or sold by the applicant during the preceding calendar year.
6.14 		Subd. 4.Supplemental license. A natural wild rice dealer may not buy or sell 
6.15 	natural wild rice for which a license is required in excess of the amount covered by the 
6.16 	license. If a natural wild rice dealer desires to buy or sell natural wild rice in excess of 
6.17 	the licensed amount, the dealer must apply for a supplemental license. The supplemental 
6.18 	license shall be issued for the additional amount of natural wild rice upon payment of the 
6.19 	prescribed fee, less credit for the fees paid for the previous license or licenses issued for 
6.20 	the same calendar year. When the supplemental license is issued, the previous licenses 
6.21 	held by the dealer shall be surrendered to the commissioner.
6.22 		Subd. 6.Penalties. (a) A person is guilty of a misdemeanor who:
6.23 	(1) willfully makes a false statement in an application for a natural wild rice dealer's 
6.24 	license or in a required report or record; or
6.25 	(2) violates a provision relating to natural wild rice dealers.
6.26 	(b) Each violation is a separate offense. An acquittal prohibits later prosecution 
6.27 	based on a similar charge involving other natural wild rice in the same transaction.
6.28 	(c) If a natural wild rice dealer is convicted of two offenses under this subdivision 
6.29 	within three years, the dealer's license is null and void and the dealer may not be issued a 
6.30 	license for one year after the date of the conviction.