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17.23 Conservation of certain wildflowers.

Subdivision 1. Prohibition. No person within the state shall buy, sell, offer or expose for sale, the state flower (Cypripedium reginae), or any species of lady slipper (Cypripedieae), or any member of the orchid family, trillium of any species, lotus (Nelumbolutea), gentian (Gentiana), arbutus (Epigaea repens), or any species of lilies (Lilium), or any thereof, dug, cut, plucked, pulled, or gathered in any manner from any public land or from the land of any private owner without the written consent of such owner or other occupant of such land, and then only upon written permission of the commissioner, and for scientific and herbarium purposes; except, that any persons may upon their own lands cultivate for sale and sell these flowers by registering the purpose to do the same with the commissioner.

Subd. 2. Prosecution. The commissioner shall administer this section, and when, by investigation, complaint or otherwise, it shall be made to appear that any person has violated any of the provisions of subdivision 1, shall assemble the facts and transmit the same to the attorney general, or may act through the county attorney of the county in which the violation was committed, whose duty it shall be to forthwith institute proceedings and prosecute the same against any person or persons charged with such violation. It is hereby made the duty of the county attorney to prosecute any and all cases submitted by the commissioner or the attorney general.

Subd. 3. Punishment. Any person who violates any of the provisions of subdivision 1 shall be guilty of a misdemeanor; and, upon conviction, shall be fined not less than $10 and the costs of such prosecution nor more than $50 and the costs of such prosecution, or in default of payment thereof shall be imprisoned in the county jail for not less than ten nor more than 30 days for each and every such conviction. All fines and money thus collected shall be deposited in the state treasury.

HIST: (10522-1,10522-2,10522-3) 1925 c 409 s 1-3; 1935 c 100 s 1; 1986 c 444

Official Publication of the State of Minnesota
Revisor of Statutes