Possible Amendment to the State List of Endangered, Threatened, and Special Concern Species

What are these rules about?

Minnesota’s Endangered Species Statute (Minnesota Statutes, Section 84.0895) requires the Minnesota Department of Natural Resources (DNR) to adopt rules designating species meeting the statutory definitions of endangered, threatened, or species of special concern. The resulting List of Endangered, Threatened, and Special Concern Species is codified as Minnesota Rules, Chapter 6134. These rules designate animal or plant species as:

• endangered, if the species is threatened with extinction throughout all or a significant portion of its range;
• threatened, if the species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range; or
• species of special concern, if although the species is not endangered or threatened, it is extremely uncommon in this state, or has unique or highly specific habitat requirements and deserves careful monitoring of its status.

The Minnesota DNR regularly re-evaluates the List of Endangered, Threatened, and Special Concern Species to determine the need conduct rulemaking to add a species that is currently not on the list, need to change the protection status of a species, or the need to withdraw a species from the list based on its current status. The DNR has not yet drafted possible rule amendments.  At this time, the DNR is interested in any information on the risk of extinction of any native species in the state, in particular their rarity, trends, and threats. Comments received at this time will contribute towards the development of possible rule amendments.

What will this rulemaking do?

If warranted, rule changes include adding species to a designation, removing a species from a designation, transfer of species from one designation to another or updating the name of a designated species with or without change to designation.

Who might be affected by these rule changes?

The amendments to the rule may affect persons engaging in the prohibited acts of taking, import, transport, sale, purchase, disposal, or possession of any portion of a newly listed or delisted state endangered or threatened species. Landowners on whose land newly listed state endangered or threatened species occur may also be affected. Individuals who modify their activities to avoid taking currently endangered or threatened species may be affected if those species become de-listed as a result of this rulemaking process.

Where do I send my comments?

Under this potential rulemaking action, interested persons or groups can submit comments or information on these possible rules in writing until May 17, 2024. This public comment opportunity is associated with the development of possible rules. There will be another public comment opportunity if the department later decides to announce its intention to adopt a set of proposed rules.

Written comments, questions, and requests for more information on these possible rules should be directed to: Bridget Henning-Randa at Minnesota Department of Natural Resources, 500 Lafayette Rd., Box 25, St. Paul, MN 55155, phone: 651-259-5073, email: [email protected]

Information submitted as a public comment is public data. Please do not provide private data or other information that you do not wish to be public knowledge.

Rulemaking documents

Below are links that provide additional information about the rule revision process, and the current rules for the endangered threatened and special concern species list.

• Rulemaking process
• Current list of endangered, threatened and special concern species
• Minnesota Statute 84.0895 - Protection of Threatened and Endangered Species
• Minnesota Rule 6212.1800 to 6212.2300 - Threatened and Endangered Species Regulations

All formal rulemaking documents, including the proposed rules and Statement of Need and Reasonableness (SONAR) will be posted here when they are available.

• Request for Comments

How can I sign up for rulemaking notices?