Save Mille Lacs Sportsfishing, Inc. v. Minnesota Department of Natural Resources
2015 Minn. App. LEXIS 10
| Minn. Ct. App. | 2015Background
- Petitioners challenge Minn. R. 6264.0400 (emergency rule) governing Mille Lacs Lake fishing in a pre-enforcement declaratory judgment action.
- DNR determined Mille Lacs Lake harvestable surplus declined in 2014, triggering restrictions on fishing for certain species and seasons.
- DNR issued notice citing statutory authority to restrict taking fish and regulate seasons but did not explicitly reference the Preservation Provision or public-trust doctrine in the record.
- Petitioners are sportfishing and Mille Lacs-area stakeholders, including Twin Pines Resort, asserting heritage and economic interests.
- Court reviews the rule’s validity under limited pre-enforcement standards: constitutional compliance, statutory authority, and rulemaking compliance.
- Rule remained in effect and the pre-enforcement challenge proceeded without an enforcement proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing in pre-enforcement review | Petitioners have a cultural heritage interest and economic stake. | Standing satisfied under statutory pre-enforcement framework. | Standing exists; petitioners may challenge the rule. |
| Need to reference Preservation Provision/public-trust | DNR failed to cite Preservation Provision and public-trust doctrine in the record. | Record shows statutory authority; explicit reference not required. | Omission does not invalidate the rule at pre-enforcement stage. |
| Scope of Minn. Stat. § 14.69 review | § 14.69 applies to pre-enforcement review of rule invalidity. | § 14.69 applies to final contested cases, not pre-enforcement; not applicable here. | § 14.69 not applicable to pre-enforcement proceeding; denied as grounds for invalidation. |
Key Cases Cited
- State v. Colosimo, 669 N.W.2d 1 (Minn. 2003) (Preservation Provision and resource management authority)
- State v. Longyear Holding Co., 224 Minn. 451 (Minn. 1947) (Public-trust doctrine—navigable waters public use)
- Minn. Chamber of Commerce v. Minn. Pollution Control Agency, 469 N.W.2d 100 (Minn. App. 1991) (Pre-enforcement rule review standards; limited scrutiny)
- Manufactured Hous. Inst. v. Pettersen, 347 N.W.2d 238 (Minn. 1984) (Limitations on breadth of pre-enforcement review)
- Neeland v. Clearwater Mem’l Hosp., 257 N.W.2d 366 (Minn. 1977) (Judicial review of constitutional issues within agency action)