Environment, natural resources policy law prepares way for digital licenses, protects native rough fish

A new law impacting the Department of Natural Resources and the Board of Water and Soil Resources helps set the stage for digital licenses, protects native fish, and updates the process for protecting state waterways.

Sponsored by Rep. Rick Hansen (DFL-South St. Paul) and Sen. Foung Hawj (DFL-St. Paul) the law takes effect Aug. 1, 2024, unless noted.

HF2774/SF2904*/CH90

Electronic license system

Minnesota statutes are being updated to allow for digital licenses. The law modifies language surrounding fishing and hunting licenses, snowmobile registrations and state park passes to ensure they apply to electronic documents.

Among the changes are using the word “pass” instead of “sticker,” deleting requirements that unused tags be physically returned, using the phrase “seizure or invalidation of licenses,” and removing the need for a physical signature in many cases.

Law enforcement officers are protected should a device be damaged during an inspection if due care is taken. It also specifies that handing over a device for license inspection does not mean consent to access any other content.

The Legislature approved a move to digital licenses in 2023 legislation and the full roll out is expected in 2025. The provisions are effective upon full implementation of the license system. (Art. 1, Secs. 1-52)

Native rough fish

The new law provides additional protections for native rough fish similar to more popular game fish like walleye.

Additionally, the law distinguishes native rough fish from common carp, listing the species of native rough fish as: “Amiidae (bowfin), Catostomidae (bigmouth, smallmouth, and black buffalo; white, blue, spotted, and longnose sucker; northern hogsucker; quillback; river and highfin carpsucker; and black, river, shorthead, golden, silver, and greater redhorse), Hiodontidae (goldeye and mooneye), Ictaluridae (black, brown, and yellow bullhead), Lepisosteidae (longnose and shortnose gar), and Sciaenidae (freshwater drum).” (Art. 2, Secs. 1-44)

Board of Water and Soil Resources

In addition to moving many Reinvest in Minnesota processes from rules to statute, the law updates the watershed law to better reflect current conditions. For example, the law specifies watershed districts have the authority to protect water quality, improve climate resilience and mitigate flooding.

Other sections come on the heels of the U.S. Supreme Court ruling in Sacket vs. the Environmental Protection Agency that limited some federal jurisdiction over wetlands.

Provisions in the new law modify definitions and regulations about wetlands to address potential gaps while also making language more consistent with federal requirements.

The law also:

• specifies that the Board of Water and Soil Resources is responsible for maintaining soil health, not just soil productivity;

• authorizes soil and water conservation districts to implement practices on any public land, not just state land, in cooperation with the agency in authority;

• requires a public hearing before a soil and water conservation district adopts a comprehensive plan;

• changes some procedures for modifying the boundaries of a watershed district, including allowing the smaller of 50 people or 50% of the property owners to petition for a change; and

• allows for removal of a watershed district manager for” violation of a code of ethics of the watershed district or appointing authority or for malfeasance, nonfeasance, or misfeasance.” (Art. 3, Secs. 2, 6, 11, 20, 22, 41, 75-85)

Miscellaneous provisions

The law also:

• increases the payment rate for native prairie bank easements;

• creates the Fish and Wildlife Advisory Committee out of two separate oversight committees;

• defines domestic hogs, feral swine and release; and

• requires a person who applies manure in a level drinking water supply management area (one with higher nitrogen/nitrate levels) to follow a manure management plan, which must include best practices as recommended by the Department of Agriculture. (Art. 4, Secs. 1-6)

SF2904* / HF2774 / CH90