Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 259-S.F.No. 919 
           An act relating to government operations; amending 
          provisions to adopt emergency game and fish rules; 
          providing alternative methods of publishing game and 
          fish rules; deleting obsolete references to 
          publication under the game and fish laws; authorizing 
          the commissioner to protect wild animals by emergency 
          rule; authorizing the commissioner to set seasons and 
          limits for migratory birds and waterfowl; authorizing 
          the commissioner to allow or prohibit hunting and 
          fishing on certain state lands; amending Minnesota 
          Statutes 1990, sections 3.846, subdivisions 1 and 4; 
          14.03, subdivision 3; 14.29, subdivision 2, and by 
          adding a subdivision; 14.38, subdivision 6; 84.944, 
          subdivision 1; 84A.02; 86A.06; 86B.211; 97A.045, 
          subdivision 2; 97A.051, subdivisions 1, 2, and 4; 
          97A.081; 97A.141, by adding a subdivision; 97B.731, 
          subdivision 1; and 97C.805, subdivision 1; proposing 
          coding for new law in Minnesota Statutes, chapters 97A 
          and 97B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 3.846, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENT.] (a) Except as provided in 
paragraph (b), No rule, as defined in section 14.02, subdivision 
4, that is exempt from the rulemaking provisions of chapter 14, 
has the force and effect of law unless a notice has been 
published and filed under subdivision 2 before its effective 
date. 
    (b) Rules of the division of game and fish may have the 
force and effect of law up to seven days before publishing and 
filing under subdivision 2 if the commissioner of natural 
resources determines that an emergency exists and for a rule 
that affects more than three counties publishes the rule once in 
a legal newspaper in Minneapolis, St. Paul, and Duluth, or for a 
rule that affects three or fewer counties publishes the rule 
once in a legal newspaper in each of the affected counties.  A 
rule of the division of game and fish that is published under 
this paragraph is not effective until seven days after the rule 
is published in the legal newspapers as provided in this 
paragraph or the rule is published and filed under subdivision 
2, whichever is earlier.  
    Sec. 2.  Minnesota Statutes 1990, section 3.846, 
subdivision 4, is amended to read: 
    Subd. 4.  [NONAPPLICATION.] Except as provided in 
subdivision 1, paragraph (b), This section does not apply to 
section 14.02 14.03, subdivision 4, clauses (a) to (h) 3. 
    Sec. 3.  Minnesota Statutes 1990, section 14.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [RULEMAKING PROCEDURES.] The definition of a rule 
in section 14.02, subdivision 4, does not include: 
    (1) rules concerning only the internal management of the 
agency or other agencies that do not directly affect the rights 
of or procedures available to the public; 
    (2) rules of the commissioner of corrections relating to 
the placement and supervision of inmates serving a supervised 
release term, the internal management of institutions under the 
commissioner's control, and rules adopted under section 609.105 
governing the inmates of those institutions; 
    (3) rules of the division of game and fish published in 
accordance with section 97A.051; 
    (4) rules relating to weight limitations on the use of 
highways when the substance of the rules is indicated to the 
public by means of signs; 
    (5) (4) opinions of the attorney general; 
    (6) (5) the systems architecture plan and long-range plan 
of the state education management information system provided by 
section 121.931; 
    (7) (6) the data element dictionary and the annual data 
acquisition calendar of the department of education to the 
extent provided by section 121.932; or 
    (8) (7) the occupational safety and health standards 
provided in section 182.655. 
    Sec. 4.  Minnesota Statutes 1990, section 14.29, 
subdivision 2, is amended to read: 
    Subd. 2.  [180-DAY TIME LIMIT.] Unless an agency is 
directed by federal law or court order to adopt, amend, suspend, 
or repeal a rule in a manner that does not allow for compliance 
with sections 14.14 to 14.28, no agency may adopt an emergency 
rule later than 180 days after the effective date of the 
statutory authority, except as provided in subdivision 
subdivisions 3 and 4.  If emergency rules are not adopted within 
the time allowed, the authority for the rules expires.  The time 
limit of this section does not include any days used for review 
by the attorney general.  If the 180-day period expires while 
the attorney general is reviewing the rule and the attorney 
general disapproves the rule, the agency may resubmit the rule 
to the attorney general after taking corrective action.  The 
resubmission must occur within five working days after the 
agency receives written notice of disapproval.  If the rule is 
again disapproved by the attorney general, it is withdrawn.  
    Sec. 5.  Minnesota Statutes 1990, section 14.29, is amended 
by adding a subdivision 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 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.  
    (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. 6.  Minnesota Statutes 1990, section 14.38, 
subdivision 6, is amended to read: 
    Subd. 6.  [EXEMPT RULES.] Rules adopted, amended, 
suspended, or repealed by any agency but excluded from the 
definition of "rule" in section 14.02 14.03, subdivision 4 3, 
shall have the force and effect of law upon compliance with 
subdivision 7. 
    However, subdivisions 5 to 9 do not apply to: 
    (1) rules concerning only the internal management of the 
agency or other agencies, and which do not directly affect the 
rights of or procedure available to the public; or, 
    (2) opinions of the attorney general; or, 
    (3) rules published in accordance with section 97A.051. 
    Sec. 7.  Minnesota Statutes 1990, section 84.944, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ACQUISITION CONSIDERATIONS.] (a) In 
determining what critical natural habitat shall be acquired or 
improved, the commissioner shall consider: 
    (1) the significance of the land or water as existing or 
potential habitat for fish and wildlife and providing fish and 
wildlife oriented recreation; 
    (2) the significance of the land, water, or habitat 
improvement to maintain or enhance native plant, fish, or 
wildlife species designated as endangered or threatened under 
section 84.0895; 
    (3) the presence of native ecological communities that are 
now uncommon or diminishing; and 
    (4) the significance of the land, water or habitat 
improvement to protect or enhance natural features within or 
contiguous to natural areas including fish spawning areas, 
wildlife management areas, scientific and natural areas, 
riparian habitat and fish and wildlife management projects. 
    (b) Based on the above clauses, the commissioner by order 
promulgated under section 97A.051, subdivision 3, rule must 
establish a process to prioritize what critical habitat shall be 
acquired or improved. 
    Sec. 8.  Minnesota Statutes 1990, section 84A.02, is 
amended to read: 
     84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 
     The department of natural resources shall manage and 
control the Red Lake game preserve.  The department may adopt 
and enforce rules for the care, preservation, protection, 
breeding, propagation, and disposition of all species of 
wildlife in the preserve.  The department may adopt and enforce 
rules for the regulation, issuance, sale, and revocation of 
special licenses or special permits for hunting, fishing, 
camping, and other uses of this area, consistent with sections 
84A.01 to 84A.11.  The department may by rule, set the terms, 
conditions, and charges for these licenses and permits. 
     The rules may specify and control the terms under which 
wildlife may be taken, captured, or killed in the preserve, and 
under which fur-bearing animals, or animals and fish otherwise 
having commercial value, may be taken, captured, trapped, 
killed, sold, and removed from it.  These rules may also provide 
for (1) the afforestation and reforestation of state lands in 
the preserve, (2) the sale of merchantable timber from these 
lands when, in the opinion of the department, it can be sold and 
removed without damage or injury to the further use and 
development of the land for wildlife and game in the preserve, 
and (3) the purposes for which the preserve is established by 
sections 84A.01 to 84A.11. 
     The department may provide for the policing of the preserve 
as necessary for its proper development and use for the purposes 
specified.  Supervisors, guards, custodians, and caretakers 
assigned to duty in the preserve have the powers of peace 
officers while in their employment. 
    The department shall also adopt and enforce rules 
concerning the burning of grass, timber slashings, and other 
flammable matter, and the clearing, development, and use of 
lands in the preserve as necessary to prevent forest fires and 
grass fires that would injure the use and development of this 
area for wildlife preservation and propagation and to protect 
its forest and wooded areas. 
    Lands within the preserve are subject to the rules, whether 
owned by the state or privately, consistent with the rights of 
the private owners and with applicable state law.  The rules may 
establish areas and zones within the preserve where hunting, 
fishing, trapping, or camping is prohibited or specially 
regulated, to protect and propagate particular wildlife in the 
preserve.  
    Rules adopted under sections 84A.01 to 84A.11 must be 
published as required by section 97A.051 and posted on the 
boundaries of the preserve.  
    Sec. 9.  Minnesota Statutes 1990, section 86A.06, is 
amended to read: 
    86A.06 [RULES.] 
    Each managing agency, in consultation with the commissioner 
of trade and economic development, shall promulgate rules 
relating to the units of the outdoor recreation system within 
its jurisdiction, which shall provide for administration of the 
units in the manner specified in section 86A.05 and the laws 
relating to each type of unit.  The authority provided by this 
subdivision does not amend or repeal authority possessed by the 
commissioner of natural resources pursuant to section 97A.051, 
subdivision 3, and in no way is intended to modify or diminish 
authority possessed by the commissioner in relation to section 
97A.051, subdivision 3. 
    Sec. 10.  Minnesota Statutes 1990, section 86B.211, is 
amended to read: 
    86B.211 [WATER SAFETY RULES.] 
    The commissioner shall adopt rules and publish the rules in 
the manner prescribed in section 97A.051, subdivision 3, that 
relate to: 
    (1) the application for, form, and numbering of watercraft 
licenses; 
    (2) the size, form, reflectorized material, and display of 
watercraft license numbers, which must comply with the 
requirements of the federal watercraft numbering system; 
    (3) placement and regulation of docks, piers, buoys, 
mooring or marking devices, and other structures in the waters 
of this state; 
    (4) rules of the road for watercraft navigation; 
    (5) standards for equipment used in the towing of persons 
on water skis, aquaplanes, surfboards, saucers, and other 
devices; 
    (6) standards for lights, signals, fire extinguishers, 
bilge ventilation, and lifesaving equipment; 
    (7) standards of safe load and power capacity; 
    (8) accounting, procedural, and reporting requirements for 
county sheriff; 
    (9) designation of swimming or bathing areas; 
    (10) standards of safety for watercraft offered for rent, 
lease, or hire; 
    (11) the use of surface waters of this state by watercraft 
as provided and in accordance with section 86B.205, subdivision 
9, paragraphs (c) and (d), including: 
     (i) standards and criteria for resolving conflicts in the 
use of water surfaces by watercraft; 
     (ii) procedures for dealing with problems involving more 
than one local governmental unit; 
     (iii) procedures for local enforcement; and 
     (iv) procedures for enforcing the restrictions in section 
86B.205, subdivision 9, paragraph (c); and 
     (12) other rules determined by the commissioner to be 
necessary to implement the provisions of this chapter.  
    Sec. 11.  Minnesota Statutes 1990, section 97A.045, 
subdivision 2, is amended to read: 
    Subd. 2.  [POWER TO PROTECT WILD ANIMALS BY SEASONS AND 
LIMITS.] (a) The commissioner may protect a species of wild 
animal in addition to the protection provided by the game and 
fish laws, by further limiting or closing seasons or areas of 
the state, or by reducing limits in areas of the state, if the 
commissioner determines the action is necessary to prevent 
unnecessary depletion or extinction, or to promote the 
propagation and reproduction of the animal.  
    (b) The commissioner may protect a species of wild animal 
in the state by emergency rule adopted under section 14.29, 
subdivision 4, by prohibiting or allowing taking of the animal 
whether or not the animal is protected under the game and fish 
laws.  The commissioner must make findings of the necessity of a 
rule authorized under this paragraph and may authorize taking by 
special permit with or without fee under conditions prescribed 
in the rule by the commissioner.  
    (c) The commissioner may protect a species of wild animal 
in the state by emergency rule adopted under section 14.29, 
subdivision 4, by allowing importation, transportation, or 
possession of the wild animal or prohibiting these activities 
except by special permit with or without fee under conditions 
prescribed in the rule by the commissioner.  
    Sec. 12.  Minnesota Statutes 1990, section 97A.051, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMPILATION OF LAWS.] As soon as 
practicable after each legislative session, the commissioner, 
under the direction with the cooperation of the attorney general 
and the revisor of statutes, shall assemble the current laws and 
permanent rules relating to wild animals and index the laws and 
rules properly.  This compilation shall be printed in pamphlet 
form of pocket size, and 50 copies distributed to each senator, 
25 copies to each representative, and ten copies to each county 
auditor.  Up to 10,000 additional copies may be printed for 
general distribution.  
    Sec. 13.  Minnesota Statutes 1990, section 97A.051, 
subdivision 2, is amended to read: 
    Subd. 2.  [SUMMARY OF FISH AND GAME LAWS.] The commissioner 
shall prepare a summary of the hunting and fishing laws and 
rules and deliver a sufficient supply to county auditors to 
furnish one copy to each person obtaining a hunting, fishing, or 
trapping license.  At the beginning of the summary, under the 
heading "Trespass," the commissioner shall summarize the 
trespass provisions under sections 97B.001 to 97B.945, state 
that conservation officers and peace officers must enforce the 
trespass laws, and state the penalties for trespassing.  
    Sec. 14.  Minnesota Statutes 1990, section 97A.051, 
subdivision 4, is amended to read: 
    Subd. 4.  [ORDERS AND RULES HAVE FORCE AND EFFECT OF LAW.] 
When an order or a rule is effective, it has the force and 
effect of law.  Violation of an order or a rule has the same 
penalty as a violation of the law under which the rule was 
adopted.  
    Sec. 15.  Minnesota Statutes 1990, section 97A.081, is 
amended to read: 
    97A.081 [POSTING LAND.] 
    The commissioner may post land acquired for public hunting 
grounds, food and cover planting areas, game refuges, wildlife 
lands, and conservation area lands so as to identify and 
indicate the management purpose and whether hunting and trapping 
are allowed.  
    Sec. 16.  [97A.083] [HUNTING AND FISHING ON STATE LAND.] 
    The commissioner shall allow or prohibit hunting and 
fishing on state land as provided under the game and fish laws.  
The commissioner shall publish information on hunting and 
fishing on state land, including areas where taking wild animals 
is allowed or prohibited.  
    Sec. 17.  [97A.093] [HUNTING 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. 
     Sec. 18.  [97A.137] [HUNTING AND FISHING IN WILDLIFE 
MANAGEMENT AREAS.] 
     Wildlife management areas are open to hunting and trapping 
unless closed by rule of the commissioner.  
    Sec. 19.  Minnesota Statutes 1990, section 97A.141, is 
amended by adding a subdivision to read: 
    Subd. 5.  [HUNTING GENERALLY PROHIBITED.] A person may not 
hunt on water access sites unless allowed by rule of the 
commissioner. 
    Sec. 20.  Minnesota Statutes 1990, section 97B.731, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MIGRATORY GAME BIRDS.] (a) Migratory game 
birds may be taken and possessed.  A person may not take 
migratory game birds in violation of federal law.  
    (b) The commissioner shall prescribe seasons and limits for 
migratory birds in accordance with federal law. 
    Sec. 21.  [97B.803] [MIGRATORY WATERFOWL SEASONS AND 
LIMITS.] 
    The commissioner shall prescribe seasons, limits, and areas 
for taking migratory waterfowl in accordance with federal law.  
    Sec. 22.  Minnesota Statutes 1990, section 97C.805, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OPEN SEASON.] The commissioner shall, 
by order rule, prescribe the open season and open state waters 
for netting lake whitefish and ciscoes.  The commissioner may 
prescribe that the date for the open season to begin is prior to 
the effective date of the order under section 97A.051, open 
specific lakes and waters that are otherwise closed if the 
commissioner posts notice of the date and time in appropriate 
public places at least 48 hours before the open season begins.  
    Sec. 23.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes shall delete the references to 
commissioner's orders or similar terms in Minnesota Statutes, 
chapters 97A, 97B, and 97C, and insert a reference to the 
commissioner's rule or similar terms. 
    Sec. 24.  [EXPIRATION OF EXISTING COMMISSIONER'S ORDERS.] 
    Commissioner's orders that would be rules within the 
definition of Minnesota Statutes, section 14.02, subdivision 4, 
but for the exception in Minnesota Statutes 1990, section 14.03, 
subdivision 3, and have not been adopted under the rulemaking 
provisions of Minnesota Statutes, chapter 14, expire and are 
terminated July 1, 1993.  This section is intended to allow 
sufficient time for the commissioner to make recommendations to 
the legislature regarding orders existing as of the effective 
date of this act that should be exempted from the rulemaking 
requirements in section 5, and for the legislature to act on the 
recommendations. 
     Sec. 25.  [EFFECTIVE DATE.] 
     This act is effective July 1, 1992. 
    Presented to the governor May 28, 1991 
    Signed by the governor May 31, 1991, 5:06 p.m.