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more restrictive than the protection given a protected wild animal and is therefore a substitute for the lower level of protection. Similarly, Minn. Stat. sec. 18H.18 restricts collecting of certain wildflower species. Again, however, protection given an E/T species is not cumulative with the protection given certain wildflowers, but rather is far more restrictive than the protection given those wildflowers, and again is a substitute for the lower level of protection. Further, most species (including all small mammals, snakes, bats, and salamanders, all invertebrates except for mussels, and almost all vascular plants) are not protected under any other state law. No cumulative effect with any other state regulation exists for any of Minnesota's animal and plant species affected by the proposed rule. The federal Endangered Species Act (16 USC 1531 -1544; "federal ESA ") requires the U.S. Department of Interior to designate species as endangered or threatened according to a set of definitions and criteria that are distinct from those in state law. Only 13 of Minnesota's thousands of animal and plant species are currently designated as endangered or threatened under the federal ESA, and the proposed rule contains no change in state regulatory protection for any of these species. Under the federal ESA, federally designated animals receive regulatory protection that is far more restrictive than that afforded by state designation as E /T, and so is a substitute for state protection rather than having a cumulative effect. In contrast, federally designated plants receive regulatory protection only if the plant is growing on federal land or if an action is federally funded or permitted, in which case the federal regulatory protection is far more restrictive than that afforded by state designation as E /T, and so is a substitute for state protection rather than having a cumulative effect. Otherwise, federally designated plants receive no federal regulatory protection, and there is no cumulative effect resulting from the species' E/T designation under state law. No cumulative effect with any federal regulation exists for any of Minnesota's animal and plant species affected by the proposed rule. Performance -Based Rules The regulatory objective of the proposed rules is to identify as accurately as possible those species that meet the statutory definition of endangered, threatened, and of special concern. A species is assigned to one of these designations only if information is available to support the conclusion that the species' status meets the designation's statutory definition. DNR staff and external advisors whose deliberations have produced the proposed rule are all highly trained experts who make an on -going effort to remain well - informed regarding the biology and taxonomy of the species upon which they focus, as well as the science of assessing the vulnerability of species to extinction. All available information is carefully considered in making these determinations. The intent of Minnesota's Endangered and Threatened Species Statute is to preserve the diversity and abundance of Minnesota's flora and fauna by protecting and managing species included in the List. By designating endangered, threatened, and special concern species as is proposed in these rules, the DNR ensures that only those species most urgently in need of recovery will be the focus of the DNR's rare species conservation efforts. The DNR accepts recommendations from the public and other regulated parties regarding a change in the designated status of a species at any time, and the DNR will continue to revise the List as new information becomes available. Consultation with MMB on Local Government Impact As required by Minnesota Statutes, section 14.131, the DNR will consult with the Minnesota Management and Budget (MMB). The DNR will do this by sending the MMB copies of the documents that are sent to the Governor's Office for review and approval on the same day they are sent to the Governor's office. The DNR will do this before publication of the Notice of Intent to Adopt Rules. The documents will include: the Governor's Office Proposed Rule and SONAR Form; the proposed rules; and the SONAR. The DNR will submit a copy of the cover correspondence and any response received from Minnesota Management and Budget to the Office of Administrative Hearing at the hearing or with the documents it submits for Administrative Law Judge review. Determination about Rules Requiring Local Implementation Proposed Amendment of Minnesota Rules, Chapter 6134: Endangered and Threatened Species Statement of Need and Reasonableness: August 10, 2012 Page 8 • • •