Berry pickers and mushroom hunters may soon have more state guidance

Foraging has existed as long as people have hunted land and fished waters in Minnesota. In modern times, it has existed in a legal gray zone with few clear guidelines for personal use for mushroom hunters, plant harvesters and berry gatherers alike. That could soon change.

A state task force has produced what it says is a blueprint of new rules for foragers on Minnesota state lands. The aim is to help manage an activity on the rise.

The group will deliver the recommendations in a final report to legislators this session.

“I think we made big progress,” said Peter Martignacco, a task force member and president of wild mushroom enthusiasts in the Minnesota Mycological Society. “Was it everything we could have wanted? Probably not, but I didn’t expect that.”

Last year, the Legislature created the task force with a directive to help shape a path for sustainable foraging. The group was a victory, in part, for foraging advocates who pushed back on the Department of Natural Resources’ (DNR) plan to revamp foraging rules internally focused on state parks.

The task force included, among others, legislators, DNR appointees and an agency employee, foraging experts, tribal members and natural resources educators.

Over several months of meetings beginning last year, the group heard from the DNR about existing challenges and rules. Foraging educators and task force members also cited the activity’s cultural value to Minnesota’s Indigenous communities.

At the center of the recommendations is an appeal to legislators to enact a law that, broadly, codifies foraging into statute and expands personal gathering with some exceptions for species the DNR deems “protected.”

The move would give foraging a credibility in land management policies it now lacks, said Sen. Susan Pha, DFL-Brooklyn Park, the task force chair. “It’s a big deal.”

The task force vote on the proposal was split. Those members opposed, in general, were concerned that such a law could inspire more foraging, leading to overharvesting and other damage.

The DNR said it will need more time to “carefully consider” the impact of any changes “before codifying any new language into statute,” Waters said.

The task force also said a new law should respect the DNR’s authority to designate specific restricted areas in state parks and on other lands. The statute wouldn’t conflict with existing rules on wild rice and wild ginseng, for example, which require permits.

Only 55 permits were issued in the program’s initial year.

“That is a question that no one has a good answer for: How big a deal is [expanding foraging]?” said Martignacco, who estimated that about 200,000 people regularly forage at different levels in Minnesota.

The DNR told the task force it didn’t have data or reports on any specific species or information about overharvesting.

In another of its recommendations, the task force said the Legislature should fund a study to help the DNR monitor gathering and collect data. The task force encouraged the agency to collaborate with foragers and related groups for online data collection and feedback on species.

The task force also suggested limiting any new foraging policy for five years, giving time to the DNR, legislators and foraging partners to evaluate data collection and research generated by the group’s recommendations.

The task force was split on this recommendation as well.

Waters said it would limit the DNR’s authority to manage foraging. He said the proposal also would “put the state at risk for litigation if the agency attempted to make rules to best protect foraged species.”

The task force also suggested funding for DNR-led education and training around foraging and even suggested partners in the effort.

The agency could glean knowledge from the University of Minnesota Extension and its expertise in adult learning, for instance.

Also, tribal nations could weigh in on “honorable harvesting,” an ethic of regenerative, ecologically sound gathering. Task force member Nibi Ogichidaa Ikwe said the practice is rooted in all cultures, not just Indigenous.

“Conserving Minnesota’s natural resources for the next seven generations was something that is very important to me."

The task force also encouraged the DNR to develop a way to connect with foragers. It suggested producing regular town halls or creating an advisory committee. The group said regular engagement would help keep rules relevant and responsive.

“My dream would be, we can meet with the DNR and have conversations that become true collaboration that makes foraging properly balance risks and rewards,” Martignacco said.

A prevailing task force topic was the lack of clear information and where to find it on the state’s websites. It suggested a better presentation of what is allowed and that information be available in more languages.

The task force noted that the DNR already has made some strides about what is allowed on specific land units.

“Not only does a community member not know what they can legally harvest under current policy [depending on land unit], but they have to figure out whose policy it is.”

For example, current rules in state parks allow picking a handful of berries, nuts or mushrooms for personal consumption. Rules differ slightly in state forests: “A large amount,” according to the DNR, requires a permit. Also, edible fruits but not mushrooms can be picked along state trails.

The task force also recommended that the DNR simplify the process of applying for permits.

Some gathering requires permits. For example, a permit is needed to cut or remove a plant for any reason in a state forest. The same applies to collecting large amounts of berries, mushrooms or dead wood for fuel.

Currently, getting a permit to forage in a state forest requires a visit to a DNR forestry office. The task force said the state should make the process available online.

While she predicted changes to the proposals, Pha said she expects legislation that advances foraging in Minnesota will pass. More talks with the DNR about what it recommends and thinks it can implement are likely, too, she said.