SF4737

Purpose

• Establishes the Minnesota Foraging Act to authorize foraging on state lands for noncommercial personal use.
• Creates a framework for rulemaking by the Department of Natural Resources (DNR) to manage foraging, including zones, permit areas, and other related controls.
• Specifies reporting and potential funding needs, and aligns foraging rules with broader natural resource management and federal funding considerations.
• Recognizes foraging as a legitimate activity and seeks to harmonize it with cultural, recreational, and educational goals, including references to the Minnesota Children’s Outdoor Bill of Rights.

Main Provisions

• Legislative amendments to allow the DNR to adopt rules describing zone or permit area boundaries, designate fish spawning beds or fish preserves, select hunters or anglers for certain areas, provide for registration of game or fish, prevent wildlife disease, and correct rule errors that don’t change the rule’s intent.
• Creation of a governing framework for foraging on state lands, including:
  • Definitions for key terms (forage plants, foraging, noncommercial personal use, prohibited plants, state lands, etc.).
  • Authorization of foraging on state lands for noncommercial personal use, provided harvests do not damage natural resources and are not used for commercial purposes.
  • Authority to designate prohibited plants, restrict foraging in specific areas, prohibit foraging on portions of land or waters, require permits, and set quantity limits as needed to protect resources.
  • Requirements for a clear, accessible permitting process (including electronic permit applications and electronic payments).
  • Provisions to prevent broad or preemptive restrictions without evidence, and to maintain flexibility for site-specific conditions and resource protection.
  • Provisions to help ensure continued eligibility for federal funding (e.g., Pittman-Robertson and Dingell-Johnson Acts).
  • Authority to implement temporary or emergency restrictions and closures, and to consider traditional ecological knowledge and honorable harvesting practices when adopting rules.
  • Observance of consultation requirements (e.g., section 10.65) in rulemaking.

Definitions and Scope

• Definitions cover: forage plants (edible terrestrial mushrooms, berries, seeds, nuts, flowers, leaves, roots, fungi, etc.), noncommercial personal use, prohibited plants, state lands (land or water administered by the DNR), and related terms.
• Noncommercial personal use is defined as foraging for personal, household, ceremonial, cultural, or medicinal purposes without a profit motive, and may include gifting or sharing with others.

Rulemaking and Regulatory Authority

• The DNR may adopt rules under existing statutes to implement foraging-related protections and management.
• Rules may designate prohibited plants, limit or restrict foraging in certain areas, require permits, and set harvesting limits, with an emphasis on clarity and public accessibility.
• Rulemaking may include consideration of traditional knowledge and cultural practices, and must comply with applicable public notice and hearing requirements.

Permits, Limits, and Resource Protection

• The rules may require permits to harvest certain forage species and set quantitative limits to protect natural resources.
• Permitting processes must be clear, accessible, and allow electronic applications and payments.
• Restrictions may be geographically or site-specific, and may be used to address observed resource damage or safety concerns.
• Temporary measures or closures can be implemented as needed to protect resources or safety.
• Foraging rules must balance resource protection with the recognized right to forage and traditional practices.

Public Information and Involvement

• The DNR must maintain a dedicated page on its website with:
  • Current foraging laws and rules and where specific forage plants may be taken.
  • Information about proposed rule changes and any ongoing rulemaking.
  • Best management practices for foraging.
  • Opportunities for public input and participation in regulating foraging.

Significant Changes to Existing Law

• Introduces a formal framework authorizing foraging on state lands for noncommercial personal use and outlines the DNR’s authority to regulate through rules, permits, and area designations.
• Adds explicit permitting, site-specific restrictions, and prohibitions in certain areas to protect natural and cultural resources.
• Requires public information access and public input on foraging regulations.
• Integrates foraging policy with broader resource management objectives and federal funding considerations.
• Elevates foraging as a recognized activity within state resource management, including alignment with cultural practices and traditional knowledge.

Implementation and Funding Considerations

• Rules may be crafted to preserve eligibility for federal wildlife and land programs (Pittman-Robertson and Dingell-Johnson Acts) by ensuring compliance with relevant restrictions and reporting.
• The act anticipates the need for ongoing rulemaking, potential zone/permit adjustments, and immediate protective actions to address resource concerns.

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Relevant Terms foraging; state lands; noncommercial personal use; forage plants; prohibited plants; foraging authorization; rules; permit; permit area; zone; site-specific restrictions; fish spawning beds; fish preserves; registration of game or fish; wildlife disease prevention; instant protective measures; public information page; best management practices; traditional ecological knowledge; honorable harvest; Minnesota Children's Outdoor Bill of Rights; consultation; 10.65; DNR; public input; electronic permit applications; electronic payments; Pittman-Robertson Act; Dingell-Jangson Act (Dingell-Johnson Act); rulemaking under 14.389; amendments to Minnesota Statutes 84.027, 84.0925, 84D.12, 116G.15.