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6136.0550 RESTRICTED USES AND ACTS.

Subpart 1.

General restrictions.

The following activities are prohibited in scientific and natural areas unless specifically authorized by written permit under subpart 5 or commissioner's designation order under subpart 6:

A.

camping and picnicking;

B.

burning of any kind;

C.

disposal of garbage, refuse, sewage, or trash;

D.

swimming, boating, or use of any type of watercraft;

E.

fishing;

F.

hunting, trapping, or possession of an uncased or loaded firearm, an uncased and strung bow, a trap, a slingshot, or explosives;

G.

operation of a bicycle or motorized vehicle, except in designated parking areas;

H.

landing aircraft;

I.

possession of horses or other pet animals or allowing entry of horses or other pet animals;

J.

consumption of alcoholic beverages;

K.

commercial activities, including peddling, soliciting, and advertising; and

L.

private events or group activities, including orienteering, geo-caching, and athletic or social events, which are advertised or organized for purposes other than nature observation, education, or research.

Subp. 2.

Abandonment.

A person may not store or abandon property in a scientific and natural area.

Subp. 3.

Structures.

A person may not erect, construct, or maintain a dock, fence, stand, sign, post, blind, or other structure within a scientific and natural area, except stands as provided under subpart 4 and blinds in an authorized watercraft and except as provided by a permit issued under subpart 5.

Subp. 4.

Stands.

A person may use an elevated scaffold or stand if it is removed each day at the close of shooting hours and does no damage to trees or other vegetation. A person may not use a portable stand that is nailed, spiked, or screwed into a tree or that otherwise damages the bark of a tree. A person may not use spikes, nails, steps, or other devices that are driven or screwed into trees.

Subp. 5.

Permits.

A.

The commissioner may issue permits to conduct an activity otherwise prohibited, provided the activity would not harm the resources of a scientific and natural area. The permit application must be submitted on a form provided by the commissioner. The commissioner shall consider the following criteria to determine if a permit should be issued:

(1)

the activity will advance knowledge, understanding, interpretation, or management of scientific and natural areas;

(2)

alternative locations for carrying out the activity are not available or not in close proximity;

(3)

the activity will not substantially interfere with other public use, research, educational, or management activities;

(4)

there are no reasonable alternatives for conducting the activity; and

(5)

the applicant is qualified to conduct the activities authorized by the permit.

B.

The commissioner may specify conditions for permits issued under this subpart to protect scientific and natural areas and enhance knowledge of scientific and natural areas, including, but not limited to:

(1)

limits on the number of people authorized by the permit;

(2)

restrictions on when authorized activities may be conducted, including seasonal, daily, or other time restrictions;

(3)

restrictions on where authorized activities may be conducted;

(4)

restrictions on how authorized activities are conducted, including specifying methods that may be used to collect data and plants, animals, relics, or other resources;

(5)

limits on the quantity or types of plants, animals, relics, or other resources that may be removed or collected; and

(6)

for permits involving collection of plants or animals, requirements to deposit at the University of Minnesota at least one voucher specimen for each species collected in a time frame specified in the permit.

Subp. 6.

Designation orders.

A.

A designation order issued under the authority of Minnesota Statutes, section 84.033, subdivision 1; 86A.05, subdivision 5; or 86A.07, subdivision 3, must specify prohibited and allowed activities that are exceptions to this part and part 6136.0400.

B.

A designation order may allow exceptions to prohibited activities to enhance public use of a scientific and natural area or surrounding areas, if the activities are compatible with the purposes for which the scientific and natural area was acquired. The following criteria shall be considered to determine if exceptions to the prohibited activities should be allowed:

(1)

the activity occurred prior to designation;

(2)

the designation of specific areas for activities will help prevent damage to more sensitive areas;

(3)

the activity is needed to use a preexisting travel corridor to access land adjacent to a scientific and natural area for a special purpose;

(4)

the activity will enhance access to or interpretation of the scientific and natural area;

(5)

allowing the activity will provide consistency with regulations of adjacent public lands; and

(6)

the activity will help achieve management objectives for the scientific and natural area.

C.

A designation order may include restrictions in addition to those in this part and part 6136.0400 if necessary to protect the resources in a scientific and natural area. Restrictions may include, but are not limited to:

(1)

limits on the number of people that can engage in an authorized activity;

(2)

restrictions on when authorized activities may be conducted, including seasonal, daily, or other time restrictions;

(3)

restrictions on where authorized activities may be conducted; and

(4)

restrictions on how authorized activities are conducted.

Statutory Authority:

MS s 84.03; 86A.06

History:

32 SR 724

Published Electronically:

June 11, 2008