HF4753

Purpose

• Establishes a Minnesota Foraging Act to authorize foraging on state lands for noncommercial personal use, while creating a structured rulemaking framework to protect natural and cultural resources.

Main provisions

• Foraging on state lands for noncommercial personal use is recognized as a legitimate recreational and cultural activity, provided it does not damage other natural resources and does not involve prohibited plants.
• The Department of Natural Resources (DNR) may designate areas where foraging is restricted or prohibited, designate prohibited plants, and set limits on how much can be harvested.
• The DNR can adopt rules to support foraging management, including creating permit systems, site-specific restrictions, and temporary or emergency closures when needed to protect resources or safety.
• Rules may also address other purposes such as designating zones or permit areas, fish spawning beds or preserves, registration of game or fish, disease prevention, and correcting rule errors, all with consideration for not having a substantive change to original intent.
• The act authorizes rulemaking to designate prohibited plants, require permits for certain species, and set quantifiable harvest limits when necessary to protect resources. Permitting must be clear and accessible, with electronic applications and payments.
• To maintain federal funding, the DNR may implement restrictions as needed and may allow site-specific limitations within land units or ecological subunits based on observed resource conditions or safety concerns.
• The rulemaking process may include immediate temporary protective measures and alignment with foraging rights as described in broader cultural initiatives, including the Minnesota Children’s Cabinet’s Outdoor Bill of Rights and traditional ecological knowledge considerations.
• The DNR must provide public input opportunities and ensure consultation with traditional knowledge where applicable.

Definitions (key terms)

• Forage plants: naturally occurring edible mushrooms, berries, seeds, nuts, flowers, leaves, roots, fungi.
• Foraging: searching for, harvesting, collecting, or taking forage plants.
• Noncommercial personal use: foraging as part of a nonbusiness activity for personal, household, ceremonial, cultural, or medicinal purposes, or sharing with others without a profit motive.
• State lands: state-owned land or water under DNR management, with certain exclusions (e.g., areas not open to the public, scientific and natural areas, or places where foraging is prohibited by rules).

Foraging authorization (Subd.2)

• Foraging on state lands for noncommercial personal use is permitted when the harvested materials are used for noncommercial purposes and can be obtained without damaging other natural resources.
• This section does not authorize harvesting of prohibited plants.

Rules and permitting (Subd.3)

• The DNR may designate prohibited plants and restrict foraging in specific areas for management, restoration, surveys, or maintenance needs.
• The DNR may require permits to harvest certain forage plants and set harvest quantity limits, with permitting processes designed to be clear and accessible (including electronic applications and payments).
• Restrictions must be evidence-based and not overly broad or preemptive; the DNR can implement changes to maintain eligibility for federal funding (Pittman-Robertson and Dingell-Jollson Acts).
• The DNR may authorize geographically defined, site-specific limitations within land units as needed to protect sustainability or culturally sensitive resources, or in response to observed damage or safety concerns.
• Provisions allow for immediate protective measures, seasonal restrictions, species protections, or emergency closures as needed.
• The DNR will harmonize foraging rules with rights recognized in the Minnesota Children’s Cabinet’s Outdoor Bill of Rights and consider traditional ecological knowledge and regenerative harvesting practices. Consultation under section 10.65 is required where applicable.

Public information (Subd.4)

• The DNR must maintain a separate, up-to-date webpage with:
  • Current foraging laws and rules, including which plants may be taken from which areas and in what quantities.
  • Proposed rule changes and any ongoing rulemaking.
  • Best management practices for foraging.
  • Opportunities for public input in regulating foraging.

Significant changes to existing law

• Legalizes and formalizes foraging on state lands for noncommercial personal use, with a formal permit and rule framework.
• Creates authority to designate prohibited plants and restricted areas, and to set harvest limits.
• Introduces electronic permitting and a centralized public information portal.
• Establishes a clearer link between foraging policy, resource protection, and federal funding requirements.
• Integrates foraging policy with cultural rights and traditional knowledge considerations.

Relevant Terms - foraging on state lands - noncommercial personal use - forage plants - prohibited plants - state lands - permits - rules under section 84.027 subdivision 13a - electronic permit applications - harvest limits - designated areas / zones - site-specific restrictions - temporary closures - best management practices - traditional ecological knowledge - honorable harvest - Minnesota Children’s Cabinet Outdoor Bill of Rights - Pittman-Robertson Act - Dingell-Johnson Act - public information webpage - public input / rulemaking process - wildlife resources protection - sustainable harvesting - ecological or safety concerns