1.1.................... moves to amend H.F. No. 1238, the first committee engrossment,
1.2as follows:
1.3Page 2, after line 25, insert:

1.4    "Sec. 3. Minnesota Statutes 2008, section 84.027, subdivision 13, is amended to read:
1.5    Subd. 13. Game and fish rules. (a) The commissioner of natural resources may
1.6adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
1.7under:
1.8(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
1.9areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
1.10prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
1.11disease, to open or close bodies of water or portions of bodies of water for night bow
1.12fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
1.13(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
1.14roots and wild rice and to restrict or prohibit harvesting in designated areas; and
1.15(3) section 84D.12 to designate prohibited invasive species, regulated invasive
1.16species, unregulated nonnative species, and infested waters.
1.17(b) If conditions exist that do not allow the commissioner to comply with sections
1.1897A.0451 to 97A.0459, the commissioner may adopt a rule under this subdivision
1.19by submitting the rule to the attorney general for review under section 97A.0455,
1.20publishing a notice in the State Register and filing the rule with the secretary of state and
1.21the Legislative Coordinating Commission, and complying with section 97A.0459, and
1.22including a statement of the emergency conditions and a copy of the rule in the notice. The
1.23emergency conditions for opening a water body or portion of a water body for night bow
1.24fishing under this section may include the need to temporarily open the area to evaluate
1.25compatibility of the activity on that body of water prior to permanent rulemaking. The
1.26notice may be published after it is received from the attorney general or five business days
1.27after it is submitted to the attorney general, whichever is earlier.
2.1(c) Rules adopted under paragraph (b) are effective upon publishing in the State
2.2Register and may be effective up to seven days before publishing and filing under
2.3paragraph (b), if:
2.4(1) the commissioner of natural resources determines that an emergency exists;
2.5(2) the attorney general approves the rule; and
2.6(3) for a rule that affects more than three counties the commissioner publishes the
2.7rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
2.8rule that affects three or fewer counties the commissioner publishes the rule once in a legal
2.9newspaper in each of the affected counties.
2.10(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
2.11(3), may not be effective earlier than seven days after publication.
2.12(e) A rule published under paragraph (c), clause (3), may be effective the day the
2.13rule is published if the commissioner gives notice and holds a public hearing on the rule
2.14within 15 days before publication.
2.15(f) The commissioner shall attempt to notify persons or groups of persons affected
2.16by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
2.17other appropriate means as determined by the commissioner.
2.18(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
2.19effective for the period stated in the notice but not longer than 18 months after the rule is
2.20adopted."
2.21Renumber the sections in sequence and correct the internal references
2.22Amend the title accordingly