Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
General restrictions.
The following activities are prohibited in scientific and
natural areas unless specifically authorized by written permit under subpart 5
or commissioner's designation order under subpart 6:
A. camping and picnicking;
B. burning of any kind;
C. disposal of garbage, refuse, sewage, or
trash;
D. swimming, boating, or use
of any type of watercraft;
E.
fishing;
F. hunting, trapping, or
possession of an uncased or loaded firearm, an uncased and strung bow, a trap,
a slingshot, or explosives;
G.
operation of a bicycle or motorized vehicle, except in designated parking
areas;
H. landing
aircraft;
I. possession of horses
or other pet animals or allowing entry of horses or other pet
animals;
J. consumption of
alcoholic beverages;
K. commercial
activities, including peddling, soliciting, and advertising; and
L. private events or group activities,
including orienteering, geo-caching, and athletic or social events, which are
advertised or organized for purposes other than nature observation, education,
or research.
Subp. 2.
Abandonment.
A person may not store or abandon property in a scientific
and natural area.
Subp. 3.
Structures.
A person may not erect, construct, or maintain a dock, fence,
stand, sign, post, blind, or other structure within a scientific and natural
area, except stands as provided under subpart 4 and blinds in an authorized
watercraft and except as provided by a permit issued under subpart 5.
Subp. 4.
Stands.
A person may use an elevated scaffold or stand if it is
removed each day at the close of shooting hours and does no damage to trees or
other vegetation. A person may not use a portable stand that is nailed, spiked,
or screwed into a tree or that otherwise damages the bark of a tree. A person
may not use spikes, nails, steps, or other devices that are driven or screwed
into trees.
Subp. 5.
Permits.
A. The commissioner may
issue permits to conduct an activity otherwise prohibited, provided the
activity would not harm the resources of a scientific and natural area. The
permit application must be submitted on a form provided by the commissioner.
The commissioner shall consider the following criteria to determine if a permit
should be issued:
(1) the activity will
advance knowledge, understanding, interpretation, or management of scientific
and natural areas;
(2) alternative
locations for carrying out the activity are not available or not in close
proximity;
(3) the activity will
not substantially interfere with other public use, research, educational, or
management activities;
(4) there
are no reasonable alternatives for conducting the activity; and
(5) the applicant is qualified to conduct the
activities authorized by the permit.
B. The commissioner may specify conditions
for permits issued under this subpart to protect scientific and natural areas
and enhance knowledge of scientific and natural areas, including, but not
limited to:
(1) limits on the number of
people authorized by the permit;
(2) restrictions on when authorized
activities may be conducted, including seasonal, daily, or other time
restrictions;
(3) restrictions on
where authorized activities may be conducted;
(4) restrictions on how authorized activities
are conducted, including specifying methods that may be used to collect data
and plants, animals, relics, or other resources;
(5) limits on the quantity or types of
plants, animals, relics, or other resources that may be removed or collected;
and
(6) for permits involving
collection of plants or animals, requirements to deposit at the University of
Minnesota at least one voucher specimen for each species collected in a time
frame specified in the permit.
Subp. 6.
Designation orders.
A. A designation order issued under the
authority of Minnesota Statutes, section
84.033,
subdivision 1; 86A.05, subdivision 5; or 86A.07, subdivision 3, must specify
prohibited and allowed activities that are exceptions to this part and part
6136.0400.
B. A designation order
may allow exceptions to prohibited activities to enhance public use of a
scientific and natural area or surrounding areas, if the activities are
compatible with the purposes for which the scientific and natural area was
acquired. The following criteria shall be considered to determine if exceptions
to the prohibited activities should be allowed:
(1) the activity occurred prior to
designation;
(2) the designation of
specific areas for activities will help prevent damage to more sensitive
areas;
(3) the activity is needed
to use a preexisting travel corridor to access land adjacent to a scientific
and natural area for a special purpose;
(4) the activity will enhance access to or
interpretation of the scientific and natural area;
(5) allowing the activity will provide
consistency with regulations of adjacent public lands; and
(6) the activity will help achieve management
objectives for the scientific and natural area.
C. A designation order may include
restrictions in addition to those in this part and part 6136.0400 if necessary
to protect the resources in a scientific and natural area. Restrictions may
include, but are not limited to:
(1) limits
on the number of people that can engage in an authorized activity;
(2) restrictions on when authorized
activities may be conducted, including seasonal, daily, or other time
restrictions;
(3) restrictions on
where authorized activities may be conducted; and
(4) restrictions on how authorized activities
are conducted.
Statutory Authority: MS s
84.03;
86A.06
