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Post Info TOPIC: New Bill introduced


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New Bill introduced
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FOR IMMEDIATE RELEASE
 
Bill to guide DNR in applying Constitutional amendment to rules process introduced
 
St Paul, Ramsey County
February 3, 2015
 
Rep. Dale Lueck, (R) Aitkin, on Thursday introduced a bill, HF 395 to guide the DNR in applying Minnesota's Constitutional amendment that protects Minnesotans' right to hunt and fish.
 
The bill requires that "The commissioner shall consider, in writing, the impact upon the state's hunting and fishing and the taking of game and fish heritage when adopting game and fish rules and ensure that hunting and fishing and the taking of game and fish are equally preserved for the people as provided under the Minnesota Constitution."
 
This requirement also applies to the Commissioner "When making a funding decision or recommendation that has the potential to impact hunting, fishing."
 
Rep. Lueck noted, "The bill's language comes directly from the Constitutional Amendment protecting citizens' hunting and angling heritage." Rep. Lueck is Vice-Chair of the Mining and Outdoor Recreation Policy Committee now headed by Rep. Tom Hackbarth.
 
Senator Carrie Ruud (R) District 10 and Assistant Minority Leader yesterday introduced a companion bill, SF 449.
 
Impetus for the bill came from a meeting immediately following a District Court of Appeals hearing last November 20. The hearing involved a three-judge panel and a lawsuit brought against the Minnesota Dept. of Natural Resources.
 
The suit was triggered by the recent crash of the walleye population in Mille Lacs. Plaintiffs included two citizen groups, a resort, and two individuals taking on the Minnesota DNR for failing to protect our Mille Lacs fishing heritage.
 
Plaintiffs came together to reverse the severe damage to the walleye fishing heritage that once was Mille Lacs.' They challenged the DNR's rule-making process for its failure to recognize a Minnesota constitutional amendment protecting Minnesotans' right to hunting and fishing.
 
Doug Meyenburg, President of PERM, one of the citizen group plaintiffs, said, "This legislation is a first step in helping the DNR better protect our hunting and fishing heritage." He pointed out that the DNR would be on "solid ground" since 1998 Amendment was passed "with overwhelming support by 70 percent of voters."
 
The lawsuit also brought up the state's failure to employ the public trust doctrine, the principle that certain resources are preserved for public use, and that the government is required to maintain them for the public's reasonable use.
 
An immediate objective was to have the DNR apply both the hunting and fishing heritage amendment and the public-trust doctrine throughout its "co-management" and related negotiations over the walleye harvest on Mille Lacs.
 
However, what makes this lawsuit even more significant is the broad hunting and fishing heritage protection ruling it seeks. A broad ruling would be applied to every lake and hunting area in the state. This lawsuit would be a step toward hunting and fishing rules being the same for everyone.
 
CONTACT:
Douglas Meyenburg      763-843-1039      dougmeyenburg@hotmail.com
Bill Eno      320-279-0693      twin_pines_resort@yahoo.com


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Wow

Sounds OK, but let's see what they come up with

Hopefully something useful and no more blaa blaa blaa BS



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The first is in the House of Representatives and is Bill HP#0395.
Lueck introduced:

H. F. 395, A bill for an act relating to game and fish; requiring the commissioner to make certain considerations when adopting rules and making funding decisions; amending Minnesota Statutes 2014, sections 84.027, subdivision 13; 97A.045, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Mining and Outdoor Recreation Policy.

It has not yet been transferred to the House, so it currently has no status, but if you care to track the bill once it has, you can do so by clicking on this link:http://www.house.leg.state.mn.us/bills/billnum.asp?billnumber=hp0395

The second bill, that was introduced by Sen. Ruud is going to read as follows:
SF 449
as introduced - 89th Legislature (2015 - 2016) Posted on 02/03/2015 08:23am
KEY: stricken = removed, old language. underscored = added, new language.
A bill for an act relating to game and fish; requiring the commissioner to make certain considerations when adopting rules and making funding decisions;amending Minnesota Statutes 2014, sections 84.027, subdivision 13; 97A.045, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. Minnesota Statutes 2014, section 84.027, subdivision 13, is amended to read:
Subd. 13. Game and fish rules. (a) The commissioner of natural resources may adopt rules under sections 97A.0451 to 97A.0459 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 and fish, to prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife disease, to open or close bodies of water or portions of bodies of water for night bow fishing, and to prohibit or allow importation, transportation, or possession of a wild animal; (2) sections 84.093, 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; and (3) section 84D.12 to list prohibited invasive species, regulated invasive species, unregulated nonnative species, and infested waters. (b) If conditions exist that do not allow the commissioner to comply with sections 97A.0451 to 97A.0459, including the need to adjust season variables on an annual basis based upon current biological and harvest data, the commissioner may adopt a rule under this subdivision by submitting the rule to the attorney general for review under section 97A.0455, publishing a notice in the State Register and filing the rule with the secretary of state and the Legislative Coordinating Commission, and complying with section 97A.0459, and including a statement of the conditions and a copy of the rule in the notice. The conditions for opening a water body or portion of a water body for night bow fishing under this section may include the need to temporarily open the area to evaluate compatibility of the activity on that body of water prior to permanent rule making. 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 paragraph (b), 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 97A.0458, 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 effective. (h) The commissioner shall consider, in writing, the impact upon the state's hunting and fishing and the taking of game and fish heritage when adopting game and fish rules and ensure that hunting and fishing and the taking of game and fish are equally preserved for the people as provided under the Minnesota Constitution, article XIII, section 12.

Sec. 2. Minnesota Statutes 2014, section 97A.045, is amended by adding a subdivision to read:
Subd. 14. Duty to preserve hunting and fishing. The commissioner shall ensure that hunting and fishing and the taking of game and fish are equally preserved for the people as provided under the Minnesota Constitution, article XIII, section 12. When making a funding decision or recommendation that has the potential to impact hunting, fishing, or other aspects of taking game or fish, the commissioner must consider, in writing, the impact of the decision or recommendation on the state's game and fish taking heritage.

https://www.revisor.mn.gov/bills/text.php?number=SF449&version=0&session_year=2015&session_number=0



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DNR Mille Lacs lawsuit ruling scheduled
 
Minnesota Court of Appeals will announce its ruling on the PERM, Save Mille Lacs Sportsfishing, et. al. lawsuit, vs. Minnesota DNR will be filed by the on February 17, 2015, at 10:00 a.m.
 
We must remember that the Minnesota Outdoor Heritage Alliance (MOHA) and other sporting groups promoted the Heritage Amendment, which this lawsuit is based on, and that this amendment was passed with the overwhelming support of 70 percent of voters.
 
 
Bill Calls For DNR Transparency and Accountability
 
Rep. Sondra Erickson has authored House File 382, which she introduced January 26. 
 
HF 382 brings transparency and accountability to the DNR in regard to the work being done to preserve the Lake Mille Lacs fish population. Millions of taxpayer dollars have been spent on Lake Mille Lacs without Minnesotans knowing specifically how the money is being spent.  HF 382 will require the DNR to issue a yearly report detailing the management cost of the program and the progress being made
 
The Bill, Management of Mille Lacs and 1837 Ceded Territory; Report states: The commissioner shall, by July 1 each year, report to the Mille Lacs Fishery Input Group the 1837 treaty-related costs incurred by the Department of Natural Resources in managing fisheries in Lake Mille Lacs and the ceded territory.
 
HF 382 will be heard by the House Mining and Outdoor Recreation Committee Tuesday, February 17
 
Minnesota--and the DNR--certainly have room to grow in the transparency arena. In the U.S. Public Interest Research Group Education Fund's Fifth Annual (2014) evaluation of state transparency websites, Minnesota earned a D+ ranking it 39th of 50 the states. That places Minnesota among the states which "still have a long way to go" in expanding "citizens' access to critical spending information."
 
 


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There is a lot going on at the Capitol tomorrow.

1.)The hearing on Bill S.F. # 669
A bill for an act relating to natural resources; modifying requirements for aquatic invasives species trailer decal;amending Minnesota Statutes 2014, sections 84D.13, subdivision 5; 86B.13, subdivision 4, by adding subdivisions. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2014, section 84D.13, subdivision 5, is amended to read: Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose the following penalty amounts:
(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;
(2) for placing or attempting to place into waters of the state water-related equipment that has aquatic macrophytes attached, $200;
(3) for unlawfully possessing or transporting a prohibited invasive species other than an aquatic macrophyte, $500;
(4) for placing or attempting to place into waters of the state water-related equipment that has prohibited invasive species attached when the waters are not listed by the commissioner as being infested with that invasive species, $500;
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian water milfoil, $100;
(6) for failing to have drain plugs or similar devices removed or opened while transporting water-related equipment or for failing to remove plugs, open valves, and drain water from water-related equipment, other than marine sanitary systems, before leaving waters of the state, $100; and
(7) for transporting infested water off riparian property without a permit as required by rule, $200; and
(8) for launching water-related equipment into waters of the state in violation of section 86B.13, subdivision 4, $25.
(b) A civil citation that is issued to a person who has one or more prior convictions or final orders for violations of this chapter is subject to twice the penalty amounts listed in paragraph (a).

Sec. 2. Minnesota Statutes 2014, section 86B.13, subdivision 4, is amended to read:
Subd. 4. Aquatic invasive species trailer decal display required. (a) A person may not transport launch watercraft or water-related equipment, as defined under section 84D.01 , subdivision 18a, into waters of the state, as defined in section 84D.01, subdivision 20, with a trailer unless the person has an aquatic invasive species trailer decal issued under this section. Temporary authorizations valid for seven days can be requested by persons that have not completed the required course of instruction.
(b) Aquatic invasive species trailer decals are valid for three years.
(c) The aquatic invasive species trailer decal must be adhered to the side of the trailer frame tongue near the hitch in a manner that it is readily visible and does not interfere with the display of any registration requirements under section 169.79.
(d) Aquatic invasive species trailer decals are not transferable.
(e) Violation of this section shall not result in a penalty, but is punishable only by a warning. Unless otherwise provided by law, a person is exempt from the training and decal requirements under this section if the person:
(1) holds a valid service provider permit under section 84D.108; or
(2) is using a trailer to launch water-related equipment that has been seasonally stored on riparian property owned by the person and that is being directly returned to the same water body from which the water-related equipment was removed.

Sec. 3. Minnesota Statutes 2014, section 86B.13, is amended by adding a subdivision to read:
Subd. 5. Fees. The commissioner shall, by written order, establish fees for providing education and training programs to individuals under this section, including decal issuance and duplicate fees. The fees are not subject to the rule making provisions of chapter 14, and section 14.386 does not apply. The fees may be established by the commissioner notwithstanding section 16A.1283. The fees must be consistent with section 16A.1285, subdivision 2. The commissioner may authorize fees to be collected by the vendor under subdivision 3 to offset costs of the program.

Sec. 4. Minnesota Statutes 2014, section 86B.13, is amended by adding a subdivision to read:
Subd. 6. Penalty. A person launching water-related equipment into waters of the state who fails to display an aquatic invasive species trailer decal in violation of this section is subject to the penalty under section 84D.13, subdivision 5, paragraph (a), clause (8), except for any violations prior to January 1, 2017, which are punishable only by a warning.

Sec. 5. EFFECTIVE DATE.
Sections 1 to 4 are effective July 1, 2015

2.)HF #382 will be heard by the House Mining and Outdoor Recreation Committee Tuesday, February 17
Information for H. F. No. 382 as introduced 
A bill for an act relating to natural resources; requiring report on management costs for certain fisheries;proposing coding for new law in Minnesota Statutes, chapter 97C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [97C.90] MANAGEMENT OF MILLE LACS AND 1837 CEDED TERRITORY; REPORT.
The commissioner shall, by July 1 each year, report to the Mille Lacs Fishery Input Group the 1837 treaty-related costs incurred by the Department of Natural Resources in managing fisheries in Lake Mille Lacs and the ceded territory.
Note: House Hearing Scheduled in Mining & Outdoor Recreation Policy on 2/17/2015

3.)Minnesota Court of Appeals will announce its ruling on the PERM, Save Mille Lacs Sportsfishing, et. al. lawsuit, vs. Minnesota DNR will be filed by the on February 17, 2015, at 10:00 a.m.


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