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<br />property (Minn. Stat., sec. 84.0895, subd. 7(c)).
<br />Further, the statute authorizes the DNR commissioner to issue permits, including general permits, that
<br />allow the prohibited acts if: 1) the act is for purposes of zoological, educational, or scientific study; 2)
<br />the act enhances the propagation or survival of the affected species; 3) the act prevents injury to
<br />persons or property (provided that all alternatives, including live trapping and transplantation, have
<br />been evaluated and rejected); or 4) the social and economic benefits of the act outweigh the harm
<br />caused by it (Minn. Stat., sec. 84.0895, subd. 7). The statute also authorizes the DNR commissioner
<br />to prescribe conditions to propagate a species or subspecies (Minn. Stat., sec. 84.0895, subd. 7(b)),
<br />and allows the commissioner to issue permits for forest management (Minn. Stat., sec. 84.0895, subd.
<br />7(d)). Finally, the statute specifies that it does not apply retroactively to, or prohibit importation into
<br />the state of species (or their parts) that are legally acquired from elsewhere (Minn. Stat., sec. 84.0895,
<br />subd. 8).
<br />Rules governing permits for the taking, possession, and disposition of endangered species were first
<br />promulgated in 1974 (Commissioners Order No. 1901; July 31, 1974). These were substantially
<br />expanded in 1985, and extended protection and permit requirements to threatened species as well
<br />(Commissioners Order No. 2204; May 30, 1985). The provisions of Commissioners Order No. 2204
<br />were codified into rule in 1993 (18 S.R. 83; July 12, 1993), and are found at Minn. Rules, parts
<br />6212.1800 to 6212.2300. The permit scheme, including the application process, limits on possession
<br />of specimens or their offspring, reporting, and expiration or cancellation of permits is detailed in
<br />Minn. Rules, part 6212.1800. Permitting for the rehabilitation of living specimens, possession of
<br />previously acquired specimens or specimens acquired as a result of emergency taking, and other
<br />activities otherwise prohibited is detailed in Minn. Rules, parts 6212.1900 to 6212.2300. Note that
<br />Minn. Rules, parts 6212.1800 to 6212.2300 are not the subject of this rulemaking.
<br />History of Minnesota's List of Endangered, Threatened, and Special Concern Species
<br />The authority to designate state endangered animals by rulemaking was first given to the DNR
<br />commissioner in Laws of Minnesota 1971, Ch. 825, although this authority was not exercised until
<br />1984. However, the 1971 law listed several species as endangered, and provided that an "endangered"
<br />designation by the Secretary of the Interior (pursuant to federal endangered species law) would be
<br />prima facie evidence for a state designation by the commissioner. The category of threatened animals
<br />was added to the authority to designate species in Laws of Minnesota 1974, Ch. 465. The 1974
<br />amendment reaffirmed the DNR commissioner's authority to designate state endangered and
<br />threatened animals, and dropped the statutory list of species created in 1971, but provided that "...until
<br />the commissioner adopts such a regulation, those species designated as endangered by Section 4(c)(3)
<br />of the Endangered Species Act of 1973 (Public Law 93 -205) at the time of enactment thereof shall be
<br />considered endangered within the meaning of this section."
<br />The special concern category was added to the statute in 1981, as was the application of all three
<br />categories to plants (Laws of Minnesota 1981, Ch. 285). The 1981 amendment once again directed
<br />the DNR commissioner to promulgate by rule a state List, required the convening of a voluntary
<br />Technical Advisory Committee to assist in developing the List, and specified that the List be
<br />promulgated by January 1, 1984. The 1981 amendment also provided that this committee would
<br />terminate upon adoption of the resulting rule, but in no event later than January 1, 1984. As a result,
<br />the advisory committee provision is not a part of the current statute. Minnesota's List of Endangered,
<br />Threatened, and Special Concern Species was adopted on March 5, 1984. Promulgation of this List
<br />resulted in the legislature deleting the language incorporating the federal list into Minnesota law
<br />(Laws of Minnesota 1986, Ch. 386).
<br />The 1981 amendment also added the requirement that "The commissioner shall reevaluate the
<br />designated species list every three years after it is first adopted and make appropriate changes."
<br />(Minn. Stat., sec. 84.0895, subd. 3(c)) In 1987, the DNR published a notice in the State Register
<br />stating (in part) that "the 1984 list remains an accurate statement of the status of Minnesota's native
<br />fauna and flora and therefore the current list will remain in effect through 1990." (12 S.R. 1266,
<br />December 21, 1987) Revision of the List was initiated in 1990 and the resulting revised rule became
<br />effective on July 1, 1996. This List is codified as Minn. Rules, Ch. 6134 ( "Department of Natural
<br />Proposed Amendment of Minnesota Rules, Chapter 6134: Endangered and Threatened Species
<br />Statement of Need and Reasonableness: August 10, 2012
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