|
•
<br />•
<br />not listed as threatened may be included in this category along with those species that were
<br />once threatened or endangered but now have increasing or protected, stable populations.
<br />(b) The range of the species in this state is a factor in determining its status as
<br />endangered, threatened, or of special concern. A designation by the secretary of the interior
<br />that a species is threatened or endangered is a prima facie showing under this section."
<br />In applying this statutory standard, two assumptions were made to reinforce the Legislature's intent
<br />that the DNR prevent the extinction and restore the viability of species within the bounds of the state,
<br />and thus maintain all elements of the state's native flora and fauna:
<br />1) The phrase "species of wild animal or plant" refers only to species that are believed to reproduce
<br />within the state at present, and thus only these species are considered to be eligible for designation
<br />as endangered, threatened, or of special concern. Given the limited financial resources of the DNR
<br />for use in funding research and management of listed species, this assumption allows the DNR to
<br />focus on those species for which there is some evidence of the potential for population viability and
<br />species recovery. Without this assumption, the species evaluation process would have had to
<br />consider any accidental or vagrant species that has been observed, however infrequently, in the
<br />state.
<br />2) The use of the word "range" within the phrase "all or a significant portion of its range" refers to a
<br />species' geographic distribution within this state, given that the state's jurisdiction is limited to the
<br />territory within the state's boundaries. This interpretation is supported by the sentence "The range of
<br />the species in this state is a factor in determining its status as endangered, threatened or of special
<br />concern." (Minn. Stat., sec. 84.0895, subd. 3(b)). In keeping with this statutory language, whether a
<br />species is more or less common outside the state than it is within the state was considered to be of
<br />only minor significance in the species evaluation process. Thus, whether Minnesota's population of
<br />a species was peripheral, central, or otherwise related to the species' continental range was also
<br />considered to be of only minor significance in the species evaluation process. In fact, due to
<br />Minnesota's location at the intersection of three major continental biomes (prairie, boreal forest,
<br />deciduous forest), the vast majority of the state's species are at the periphery of their range, but this
<br />may or may not affect whether a species is at risk of extinction in the state.
<br />Staff deliberation has produced the set of proposed revisions to the List that constitute the proposed
<br />amendments to Minn. Rules, Ch. 6134 presented in this Statement of Need and Reasonableness.
<br />Statutory Authority
<br />The Department's statutory authority to adopt the rules is set forth in Minnesota Statutes, section
<br />84.0895, subd. 3(a), which authorizes and mandates the Commissioner of Natural Resources to adopt
<br />rules under Minn. Stat., Ch. 14 to designate species of wild animals or plants as endangered,
<br />threatened, or of special concern.
<br />Regulatory Analysis
<br />Description of the Classes of Persons Affected by the Proposed Rules
<br />The proposed rules will affect persons whose activities may result in the prohibited acts of taking,
<br />possessing, importing, transporting, or selling any portion of a species that is proposed to be added to
<br />or removed from endangered or threatened status. The proposed rules may also affect persons whose
<br />activities have a potential to affect a species that is proposed to be added to special concern status.
<br />The activities referenced above could include forest management, mining, infrastructure (e.g., road,
<br />bridge, railroad, pipeline, power generation, landfill, airport, wastewater treatment) construction and
<br />maintenance, residential or commercial land development, environmental consulting, propagation and
<br />sale of horticultural species, aquatic plant management, falconry, minnow harvest, education, and
<br />research.
<br />Probable Costs to the Agency or Other Agencies from the Proposed Rule
<br />The proposed rule will result in a net 49% increase (from 197 to 293) in the number of endangered or
<br />threatened species receiving regulatory protection. This increase may result in an increase in the
<br />amount of DNR effort invested in endangered species environmental review and in takings permit
<br />Proposed Amendment of Minnesota Rules, Chapter 6134: Endangered and Threatened Species
<br />Statement of Need and Reasonableness: August 10, 2012
<br />Page 5
<br />
|