1.1.................... moves to amend H.F. No. 1238 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 17.4981, is amended to read:
1.417.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC
1.5FARMS.
1.6 (a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life
1.7is not wildlife. Aquatic farms must be licensed and given classifications to prevent or
1.8minimize impacts on natural resources. The purpose of sections
17.4981 to
17.4997 is to:
1.9 (1) prevent public aquatic life from entering an aquatic farm;
1.10 (2) prevent release of nonindigenous or exotic species into public waters without
1.11approval of the commissioner;
1.12 (3) protect against release of disease pathogens to public waters;
1.13 (4) protect existing natural aquatic habitats and the wildlife dependent on them; and
1.14 (5) protect private aquatic life from unauthorized taking or harvest.
1.15 (b) Private aquatic life that is legally acquired and possessed is an article of interstate
1.16commerce and may be restricted only as necessary to protect state fish and water resources.
1.17 (c) The commissioner of natural resources shall establish license and other fees as
1.18provided in section
16A.1285, subdivision 2, that would make aquaculture licensing
1.19and enforcement self-sustaining.
Notwithstanding section 16A.1283, the commissioner
1.20may, by written order published in the State Register, establish the fees required by this
1.21section. The fees are not subject to the rulemaking provisions of chapter 14 and section
1.2214.386 does not apply. The commissioner shall develop best management practices for
1.23aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for
1.24aquaculture, including, but not limited to, fish farming in man-made ponds.
1.25 Sec. 2. Minnesota Statutes 2008, section 17.4988, subdivision 3, is amended to read:
2.1 Subd. 3.
Inspection and additional fees. Notwithstanding section 16A.1283, the
2.2commissioner may, by written order published in the State Register, establish fees for the
2.3services listed in clauses (1) to (3)
and the additional fee required under subdivision 2,
2.4paragraph (a). The fees must be set in an amount that does not recover significantly more
2.5or less than the cost of providing the service. The fees are not subject to the rulemaking
2.6provisions of chapter 14 and section
14.386 does not apply. The services covered under
2.7this provision include:
2.8 (1) initial inspection of each water to be licensed;
2.9 (2) fish health inspection and certification, including initial tissue sample collection,
2.10basic fish health assessment, viral pathogen testing, and bacteriological testing; and
2.11 (3) initial inspection for containment and quarantine facility inspections.
2.12 Sec. 3. Minnesota Statutes 2008, section 84.788, subdivision 11, is amended to read:
2.13 Subd. 11.
Refunds. The commissioner may issue a refund on a registration, not
2.14including any issuing fees paid under subdivision 3, paragraph (e), or section
84.027,
2.15subdivision 15
, paragraph (a), clause (3), if the refund request is received within
12
2.16months 60 days of the original registration
, the registration is not used or transferred, and:
2.17(1) the off-highway motorcycle was registered incorrectly
by the commissioner
2.18or the deputy registrar; or
2.19(2) the off-highway motorcycle was registered twice, once by the dealer and once by
2.20the customer.
2.21 Sec. 4. Minnesota Statutes 2008, section 84.798, subdivision 10, is amended to read:
2.22 Subd. 10.
Refunds. The commissioner may issue a refund on a registration, not
2.23including any issuing fees paid under subdivision 3, paragraph (b), or section
84.027,
2.24subdivision 15
, paragraph (a), clause (3), if the refund request is received within
12
2.25months 60 days of the original registration
and the vehicle was registered incorrectly by
2.26the commissioner or the deputy registrar , the registration is not used or transferred, and:
2.27(1) the off-road vehicle was registered incorrectly; or
2.28(2) the off-road vehicle was registered twice, once by the dealer and once by the
2.29customer.
2.30 Sec. 5. Minnesota Statutes 2008, section 84.82, subdivision 11, is amended to read:
2.31 Subd. 11.
Refunds. The commissioner may issue a refund on a registration, not
2.32including any issuing fees paid under subdivision 2, paragraph (e), or section
84.027,
2.33subdivision 15
, paragraph (a), clause (3), if the refund request is received within
12
2.34months 60 days of the original registration
, the registration is not used or transferred, and:
3.1(1) the snowmobile was registered incorrectly
by the commissioner or the deputy
3.2registrar; or
3.3(2) the snowmobile was registered twice, once by the dealer and once by the
3.4customer.
3.5 Sec. 6. Minnesota Statutes 2008, section 84.922, subdivision 12, is amended to read:
3.6 Subd. 12.
Refunds. The commissioner may issue a refund on a registration, not
3.7including any issuing fees paid under subdivision 2, paragraph (e), or section
84.027,
3.8subdivision 15
, paragraph (a), clause (3), if the refund request is received within
12
3.9months 60 days of the original registration
, the registration is not used or transferred, and:
3.10(1) the vehicle was registered incorrectly
by the commissioner or the deputy
3.11registrar; or
3.12(2) the vehicle was registered twice, once by the dealer and once by the customer.
3.13 Sec. 7. Minnesota Statutes 2008, section 85.018, is amended by adding a subdivision
3.14to read:
3.15 Subd. 9. All-terrain vehicles; trails; disabled. (a) The commissioner of natural
3.16resources shall issue a permit, without a fee, to allow a person who has a permanent
3.17physical disability to ride an all-terrain vehicle along trails designated under paragraph
3.18(c). The permit recipient must be:
3.19(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
3.20other mechanical support or prosthetic device; or
3.21(2) unable to walk any distance because of a permanent lung, heart, or other internal
3.22disease that requires the person to use supplemental oxygen to assist breathing.
3.23(b) The permanent physical disability must be established by medical evidence
3.24verified in writing by a licensed physician or chiropractor. The commissioner may
3.25request additional information from the physician or chiropractor if needed to verify
3.26the applicant's eligibility for the permit. In addition to providing medical evidence of a
3.27permanent disability, the applicant must possess a valid disability parking certificate
3.28authorized by section 169.345 or license plates issued under section 168.021.
3.29(c) The commissioner shall review the state's trails to identify trails that would
3.30accommodate use by the permanently disabled of all-terrain vehicles alongside the trail.
3.31The commissioner shall designate the identified trails for all-terrain vehicle use by
3.32the disabled and publish the designations by written order in the State Register. The
3.33designations are not subject to the rulemaking provisions of chapter 14, and section
3.3414.386 does not apply.
4.1 Sec. 8. Minnesota Statutes 2008, section 86B.415, subdivision 11, is amended to read:
4.2 Subd. 11.
Refunds. The commissioner may issue a refund on a license or title, not
4.3including any issuing fees paid under subdivision 8 or section
84.027, subdivision 15,
4.4paragraph (a), clause (3), or
86B.870, subdivision 1, paragraph (b), if the refund request
4.5is received within
12 months 60 days of the original license or title
, the license or title
4.6is not used or transferred, and:
4.7(1) the watercraft was licensed or titled incorrectly
by the commissioner or the
4.8deputy registrar;
4.9(2) the customer was incorrectly charged a title fee; or
4.10(3) the watercraft was licensed or titled twice, once by the dealer and once by the
4.11customer.
4.12 Sec. 9. Minnesota Statutes 2008, section 97A.051, subdivision 2, is amended to read:
4.13 Subd. 2.
Summary of fish and game laws. (a) The commissioner shall prepare a
4.14summary of the hunting and fishing laws and rules and deliver a sufficient supply to
4.15county auditors license vendors to furnish one copy to each person obtaining a hunting,
4.16fishing, or trapping license.
4.17(b) At the beginning of the summary, under the heading "Trespass," the
4.18commissioner shall summarize the trespass provisions under sections
97B.001 to
97B.945,
4.19state that conservation officers and peace officers must enforce the trespass laws, and
4.20state the penalties for trespassing.
4.21(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
4.22summarize the requirements under section
609.662 and state the penalties for failure to
4.23render aid to a person injured by gunshot.
4.24 Sec. 10. Minnesota Statutes 2008, section 97A.095, subdivision 2, is amended to read:
4.25 Subd. 2.
Waterfowl feeding and resting areas. The commissioner may, by rule,
4.26designate any part of a lake as a migratory feeding and resting area. Before designation,
4.27the commissioner must receive a petition signed by at least ten local resident licensed
4.28hunters describing the area of a lake that is a substantial feeding or resting area for
4.29migratory waterfowl, and find that the statements in the petition are correct, and that
4.30adequate, free public access to the lake exists near the designated area. The commissioner
4.31shall post the area as a migratory waterfowl feeding and resting area. Except as authorized
4.32in rules adopted by the commissioner, a person may not enter a posted migratory waterfowl
4.33feeding and resting area, during a period when hunting of migratory waterfowl is allowed,
4.34with watercraft or aircraft propelled by a motor, other than an electric motor
of less than
5.130 pounds thrust with battery power of 12 volts or less. The commissioner may, by rule,
5.2further restrict the use of electric motors in migratory waterfowl feeding and resting areas.
5.3 Sec. 11. Minnesota Statutes 2008, section 97A.137, is amended by adding a
5.4subdivision to read:
5.5 Subd. 4. Exemption from certain local ordinances. (a) Wildlife management
5.6areas that are established according to section 86A.05, subdivision 8; designated under
5.7section 97A.133 or 97A.145; and 160 contiguous acres or larger are exempt from local
5.8ordinances that limit the use and management of the unit as authorized by state law.
5.9(b) Wildlife management areas that are established according to section 86A.05,
5.10subdivision 8; designated under section 97A.133 or 97A.145; and at least 40 contiguous
5.11acres and less than 160 contiguous acres are exempt from local ordinances that:
5.12(1) restrict trapping;
5.13(2) restrict the discharge of archery equipment;
5.14(3) restrict the discharge of shotguns with shot sizes of number four buckshot or
5.15smaller diameter shot;
5.16(4) restrict noise;
5.17(5) require dogs on a leash; or
5.18(6) would in any manner restrict the management of the unit as authorized by
5.19state law.
5.20 Sec. 12. Minnesota Statutes 2008, section 97A.137, is amended by adding a
5.21subdivision to read:
5.22 Subd. 5. Portable stands. Prior to the Saturday on or nearest September 16, a
5.23portable stand may be left overnight in a wildlife management area by a person with a
5.24valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged
5.25and registered as prescribed under section 97B.425. Any person leaving a portable stand
5.26overnight under this paragraph must affix the person's name and address to the stand in
5.27such a manner that it can be read from the ground.
5.28 Sec. 13. Minnesota Statutes 2008, section 97A.421, subdivision 1, is amended to read:
5.29 Subdivision 1.
General. (a) The annual license of a person convicted of a violation
5.30of the game and fish laws relating to the license or wild animals covered by the license
5.31is void when:
5.32(1) a second conviction occurs within three years under a license to
trap fur-bearing
5.33animals, take small game or to take fish by angling or spearing;
5.34(2) a third conviction occurs within one year under a minnow dealer's license;
6.1(3) a second conviction occurs within three years for violations of section
97A.425
6.2that do not involve falsifications or intentional omissions of information required to be
6.3recorded, or attempts to conceal unlawful acts within the records;
6.4(4) two or more misdemeanor convictions occur within a three-year period under a
6.5private fish hatchery license;
6.6(5) the conviction occurs under a license not described in clause (1), (2), or (4) or is
6.7for a violation of section
97A.425 not described in clause (3); or
6.8(6) the conviction is related to assisting a person in the illegal taking, transportation,
6.9or possession of wild animals, when acting as a hunting or angling guide.
6.10(b) Except for big game licenses and as otherwise provided in this section, for one
6.11year after the conviction the person may not obtain the kind of license or take wild
6.12animals under a lifetime license, issued under section
97A.473 or
97A.474, relating to
6.13the game and fish law violation.
6.14 Sec. 14. Minnesota Statutes 2008, section 97A.445, subdivision 1, is amended to read:
6.15 Subdivision 1.
Angling; Take a Kid Fishing Weekends. A resident
over age 18 age
6.1616 years or older may take fish by angling without an angling or fish house license during
6.17one three-day consecutive period of the open water angling season and one three-day
6.18consecutive period of the ice angling season designated by rule of the commissioner
6.19if accompanied by a child who is under age 16. The commissioner shall publicize the
6.20three-day periods as "Take a Kid Fishing Weekend" for the open water angling season and
6.21"Take a Kid Ice Fishing Weekend" for the ice angling season.
6.22 Sec. 15. Minnesota Statutes 2008, section 97A.445, is amended by adding a
6.23subdivision to read:
6.24 Subd. 1a. Angling in a state park. A resident may take fish by angling without
6.25an angling license within a state park. When angling from a boat or float, this provision
6.26applies only to those waters completely encompassed within the state park. The exemption
6.27from an angling license does not apply to waters where a trout stamp is required.
6.28 Sec. 16. Minnesota Statutes 2008, section 97A.451, subdivision 2, is amended to read:
6.29 Subd. 2.
Residents under age 16; fishing. A resident under the age of 16 years
6.30may take fish without a license.
A person authorized to issue licenses must issue a license
6.31to a resident under the age of 16 without a fee to net ciscoes and whitefish for personal
6.32consumption under section 97A.475, subdivision 13.
6.33 Sec. 17. Minnesota Statutes 2008, section 97A.451, subdivision 3, is amended to read:
7.1 Subd. 3.
Residents under age 16; small game. (a) A resident under age 16
must
7.2may not obtain a small game license
in order to but may take small game by firearms or
7.3bow and arrow without
paying the applicable fees under section
97A.475, subdivisions 2,
7.44, and 5, a license if the resident is:
7.5 (1) age 14 or 15 and possesses a firearms safety certificate;
7.6 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
7.7guardian;
7.8 (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
7.9by a parent or guardian who possesses a small game license that was not obtained using an
7.10apprentice hunter validation; or
7.11 (4) age 12 or under and is accompanied by a parent or guardian.
7.12 (b) A resident under age 16 may take small game by trapping without a small game
7.13license, but a resident 13 years of age or older must have a trapping license. A resident
7.14under age 13 may trap without a trapping license, but may not register fisher, otter,
7.15bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat,
7.16or pine marten taken by a resident under age five must be included in the limit of the
7.17accompanying parent or guardian.
7.18 (c) A resident under age 12 may apply for a turkey license and may take a turkey
7.19without a firearms safety certificate if the resident is accompanied by an adult parent or
7.20guardian who has a firearms safety certificate.
7.21 (d) A resident under age 12 may apply for a prairie chicken license and may take a
7.22prairie chicken without a firearms safety certificate if the resident is accompanied by an
7.23adult parent or guardian who has a firearms safety certificate.
7.24EFFECTIVE DATE.This section is effective the day following final enactment.
7.25 Sec. 18. Minnesota Statutes 2008, section 97A.465, subdivision 1b, is amended to read:
7.26 Subd. 1b.
Residents discharged from active service. (a) A resident who has served
7.27at any time during the preceding 24 months in federal active service, as defined in section
7.28190.05, subdivision 5c
, outside the United States as a member of the National Guard, or as
7.29a reserve component or active duty member of the United States armed forces and has
7.30been discharged from active service may take small game and fish without a license if the
7.31resident possesses official military discharge papers. The resident must obtain the seals,
7.32tags, and coupons required of a licensee, which must be furnished without charge.
7.33 (b) The commissioner shall issue, without fee, a deer license
, valid for a deer of
7.34either sex, to a resident who has served at any time during the preceding 24 months in
7.35federal active service, as defined in section
190.05, subdivision 5c, outside the United
8.1States as a member of the National Guard, or as a reserve component or active duty
8.2member of the United States armed forces and has been discharged from active service.
8.3Eligibility under this paragraph is limited to one license per resident.
8.4 Sec. 19. Minnesota Statutes 2008, section 97A.475, subdivision 3, is amended to read:
8.5 Subd. 3.
Nonresident hunting. (a) Fees for the following licenses, to be issued
8.6to nonresidents, are:
8.7 (1) for persons age 18 or over to take small game, $73;
8.8 (2) for persons age 18 or over to take deer with firearms during the regular firearms
8.9season, $135;
8.10 (3) for persons age 18
or over to take deer by archery, $135;
8.11 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
8.12season, $135;
8.13 (5) to take bear, $195;
8.14 (6) for persons age 18 and older to take turkey, $78;
8.15 (7) for persons under age 18 to take turkey, $12;
8.16 (8) to take raccoon or bobcat, $155;
8.17 (9) multizone license to take antlered deer in more than one zone, $270;
8.18 (10) to take Canada geese during a special season, $4;
8.19 (11) for persons under age 18 to take deer with firearms during the regular firearms
8.20season in any open season option or time period, $13;
8.21 (12) for persons under age 18 to take deer by archery, $13; and
8.22 (13) for persons under age 18 to take deer during the muzzleloader season, $13.
8.23 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
8.24paragraph (a), clauses (1) to (9). An additional commission may not be assessed on this
8.25surcharge.
8.26 Sec. 20. Minnesota Statutes 2008, section 97A.475, subdivision 7, is amended to read:
8.27 Subd. 7.
Nonresident fishing. (a) Fees for the following licenses, to be issued
8.28to nonresidents, are:
8.29 (1) to take fish by angling, $37.50;
8.30 (2) to take fish by angling limited to seven consecutive days selected by the licensee,
8.31$26.50;
8.32 (3) to take fish by angling for a 72-hour period selected by the licensee, $22;
8.33 (4) to take fish by angling for a combined license for a family for one or both parents
8.34and dependent children under the age of 16, $50.50;
8.35 (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50;
and
9.1 (6) to take fish by angling for a combined license for a married couple, limited to 14
9.2consecutive days selected by one of the licensees, $38.50
; and
9.3(7) to take fish by spearing from a dark house, $37.50.
9.4 (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
9.5issued under paragraph (a), clause (5). An additional commission may not be assessed
9.6on this surcharge.
9.7 Sec. 21. Minnesota Statutes 2008, section 97A.475, subdivision 11, is amended to read:
9.8 Subd. 11.
Fish houses and, dark houses, and shelters; residents. Fees for the
9.9following licenses are:
9.10 (1) annual for a fish house
or, dark house
, or shelter that is not rented, $11.50;
9.11 (2) annual for a fish house
or, dark house
, or shelter that is rented, $26;
9.12 (3) three-year for a fish house
or, dark house
, or shelter that is not rented, $34.50; and
9.13 (4) three-year for a fish house
or, dark house
, or shelter that is rented, $78.
9.14 Sec. 22. Minnesota Statutes 2008, section 97A.475, subdivision 12, is amended to read:
9.15 Subd. 12.
Fish houses, dark houses, and shelters; nonresident. Fees for fish
9.16house
, dark house, and shelter licenses for a nonresident are:
9.17 (1) annual, $33;
9.18 (2) seven consecutive days, $19; and
9.19 (3) three-year, $99.
9.20 Sec. 23. Minnesota Statutes 2008, section 97A.475, subdivision 29, is amended to read:
9.21 Subd. 29.
Private fish hatcheries. The fees for the following licenses to be issued
9.22to residents and nonresidents are:
9.23 (1) for a private fish hatchery, with annual sales under $200, $70;
9.24 (2) for a private fish hatchery, with annual sales of $200 or more, $210 for the base
9.25license. The commissioner must establish an additional fee based on the acreage of the
9.26operation
. Notwithstanding section 16A.1283, the commissioner may, by written order
9.27published in the State Register, establish the additional fee required by this subdivision.
9.28The fee is not subject to the rulemaking provisions of chapter 14 and section 14.386
9.29does not apply; and
9.30 (3) to take sucker eggs from public waters for a private fish hatchery, $400, plus
9.31$6 for each quart in excess of 100 quarts.
9.32 Sec. 24. Minnesota Statutes 2008, section 97A.525, subdivision 1, is amended to read:
10.1 Subdivision 1.
Residents Generally. A
resident person may transport wild animals
10.2within the state by common carrier without being in the vehicle if the
resident person has
10.3the license required to take the animals and they are shipped to the
resident person or to a
10.4licensed taxidermist, tanner, or fur buyer.
The wild animals that may be transported
10.5by common carrier are:
10.6(1) deer, bear, elk, and moose;
10.7(2) undressed game birds; and
10.8(3) fish.
10.9 Sec. 25. Minnesota Statutes 2008, section 97B.035, subdivision 2, is amended to read:
10.10 Subd. 2.
Possession of crossbows. A person may not possess a crossbow outdoors
10.11or in a motor vehicle during the open season for any game, unless the crossbow is
10.12unstrung, and in
a case or in a closed trunk of a motor vehicle
and the bow is not armed
10.13with a bolt or arrow.
10.14 Sec. 26. Minnesota Statutes 2008, section 97B.041, is amended to read:
10.1597B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
10.16IN DEER ZONES.
10.17 A person may not possess a firearm or ammunition outdoors during the period
10.18beginning the fifth day before the open firearms season and ending the second day after
10.19the close of the season within an area where deer may be taken by a firearm, except:
10.20 (1) during the open season and in an area where big game may be taken, a firearm
10.21and ammunition authorized for taking big game in that area
and during that season may be
10.22used to take big game in that area if the person has a valid big game license in possession;
10.23 (2) an unloaded firearm
that is in a case or in a closed trunk of a motor vehicle;
10.24 (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
10.25or steel shot;
10.26 (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
10.27including .22 magnum caliber cartridges;
10.28 (5) handguns possessed by a person authorized to carry a handgun under sections
10.29624.714
and
624.715 for the purpose authorized; and
10.30 (6) on a target range operated under a permit from the commissioner.
10.31 This section does not apply during an open firearms season in an area where deer
10.32may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
10.33taking of deer may be possessed only by persons with a valid license to take deer by
10.34muzzleloader during that season.
11.1 Sec. 27. Minnesota Statutes 2008, section 97B.045, subdivision 1, is amended to read:
11.2 Subdivision 1.
Restrictions. (a) A person may not transport a firearm in a motor
11.3vehicle unless the firearm is:
11.4(1) unloaded and in a gun case expressly made to contain a firearm, and the case
11.5fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened,
11.6and without any portion of the firearm exposed;
11.7(2) unloaded and in the closed trunk of a motor vehicle; or
11.8(3) a handgun carried in compliance with sections
624.714 and
624.715.
11.9(b) Notwithstanding paragraph (a), a person may transport an unloaded, uncased
11.10firearm, excluding a pistol as defined under section 624.712, subdivision 2, unless:
11.11(1) within an area where the discharge of a firearm has been prohibited under section
11.12471.633;
11.13(2) within the boundaries of a town or home rule charter or statutory city with
11.14a population of 2,500 or more;
11.15(3) on school grounds as regulated under 609.66, subdivision 1d; or
11.16(4) otherwise restricted under sections 97A.091, 97B.081, or 97B.086.
11.17 Sec. 28. Minnesota Statutes 2008, section 97B.045, subdivision 2, is amended to read:
11.18 Subd. 2.
Exception for disabled persons. The restrictions in subdivision 1 do
11.19not apply to a disabled person if:
11.20(1) the person possesses a permit under section
97B.055, subdivision 3;
and
11.21(2)
the person is participating in a hunt sponsored by a nonprofit organization under a
11.22permit from the commissioner or is hunting on property owned or leased by the person; and
11.23(3) the firearm is not loaded in the chamber until the vehicle is stationary, or is a
11.24hinge action firearm with the action open until the vehicle is stationary.
11.25 Sec. 29. Minnesota Statutes 2008, section 97B.051, is amended to read:
11.2697B.051 TRANSPORTATION OF ARCHERY BOWS.
11.27Except as specified under section
97B.055, subdivision 2, a person may not transport
11.28an archery bow in a motor vehicle unless the bow is
: not armed with a bolt or arrow.
11.29(1) unstrung;
11.30(2) completely contained in a case; or
11.31(3) in the closed trunk or rear-most enclosed portion of a motor vehicle that is not
11.32accessible from the passenger compartment.
11.33 Sec. 30. Minnesota Statutes 2008, section 97B.055, subdivision 3, is amended to read:
12.1 Subd. 3.
Hunting from vehicle by disabled hunters. (a) The commissioner may
12.2issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
12.3stationary motor vehicle to a person who obtains the required licenses and who has a
12.4permanent physical disability that is more substantial than discomfort from walking. The
12.5permit recipient must be:
12.6(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
12.7other mechanical support or prosthetic device; or
12.8(2) unable to walk any distance because of a permanent lung, heart, or other internal
12.9disease that requires the person to use supplemental oxygen to assist breathing.
12.10(b) The permanent physical disability must be established by medical evidence
12.11verified in writing by a licensed physician or chiropractor. The commissioner may
12.12request additional information from the physician or chiropractor if needed to verify the
12.13applicant's eligibility for the permit. Notwithstanding section
97A.418, the commissioner
12.14may, in consultation with appropriate advocacy groups, establish reasonable minimum
12.15standards for permits to be issued under this section. In addition to providing the medical
12.16evidence of a permanent disability, the applicant must possess a valid disability parking
12.17certificate authorized by section
169.345 or license plates issued under section
168.021.
12.18(c) A person issued a special permit under this subdivision and hunting deer may
12.19take a deer of either sex, except in those antlerless permit areas and seasons where no
12.20antlerless permits are offered. This subdivision does not authorize another member of a
12.21party to take an antlerless deer under section
97B.301, subdivision 3.
12.22(d) A permit issued under this subdivision is valid for five years.
12.23(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
12.24this section for cause, including a violation of the game and fish laws or rules.
12.25(f) A person who knowingly makes a false application or assists another in making a
12.26false application for a permit under this section is guilty of a misdemeanor. A physician or
12.27chiropractor who fraudulently certifies to the commissioner that a person is permanently
12.28disabled as described in this section is guilty of a misdemeanor.
12.29(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
12.30the entire life of the applicant if the commissioner determines that there is no chance
12.31that an applicant will become ineligible for a permit under this section and the applicant
12.32requests a lifetime permit.
12.33 Sec. 31. Minnesota Statutes 2008, section 97B.086, is amended to read:
12.3497B.086 POSSESSION OF NIGHT VISION EQUIPMENT.
13.1 (a) A person may not possess night vision
goggle equipment while taking wild
13.2animals or while having in possession, either individually or as one of a group of persons,
13.3a firearm, bow, or other implement that could be used to take wild animals.
13.4 (b) This section does not apply to a firearm that is:
13.5 (1) unloaded;
13.6 (2) in a gun case expressly made to contain a firearm that fully encloses the firearm
13.7by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
13.8the firearm exposed; and
13.9 (3) in the closed trunk of a motor vehicle.
13.10 (c) This section does not apply to a bow that is:
13.11 (1) completely encased or unstrung; and
13.12 (2) in the closed trunk of a motor vehicle.
13.13 (d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
13.14or bow must be placed in the rearmost location of the vehicle.
13.15 (e) This section does not apply to night vision goggle equipment possessed by peace
13.16officers or military personnel while exercising their duties.
13.17 Sec. 32. Minnesota Statutes 2008, section 97B.111, subdivision 1, is amended to read:
13.18 Subdivision 1.
Establishment; requirements. The commissioner may establish
13.19criteria, special seasons, and limits for persons who have a physical disability to take big
13.20game and small game with firearms and by archery in designated areas. A person hunting
13.21under this section who has a physical disability must have a verified statement of the
13.22disability by a licensed physician and must be participating in a program for physically
13.23disabled hunters sponsored by a nonprofit organization that is permitted under subdivision
13.242.
Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt
13.25participants to shoot from a stationary motor vehicle. A license is not required for a person
13.26to assist a physically disabled person hunting during a special season under this section.
13.27 Sec. 33. Minnesota Statutes 2008, section 97B.328, subdivision 3, is amended to read:
13.28 Subd. 3.
Definition. For purposes of this section, "bait or feed" includes grains,
13.29fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer
13.30and that has been placed by a person. Liquid scents, salt,
and minerals,
and bird feeders
13.31containing grains or nuts that are at least six feet above the ground are not bait or feed.
13.32Food
that has not been placed by a person and resulting from normal or accepted farming,
13.33forest management, wildlife food plantings, orchard management, or other similar land
13.34management activities is not bait or feed.
14.1 Sec. 34. Minnesota Statutes 2008, section 97B.425, is amended to read:
14.297B.425 BAITING BEARS.
14.3 (a) Notwithstanding section
609.68, a person may place bait to take bear and must
14.4display a tag at each site where bait is placed and register the sites. The commissioner
14.5shall prescribe the method of tagging and registering the sites. The tag displayed at each
14.6site where bait is placed must contain identification information for a licensed bear hunter
14.7or a licensed bear outfitter. A person must have the license identification number of the
14.8person with the bear license in their possession or be a licensed bear outfitter while
14.9attending a bear bait station. To attract bear a person may not use a bait with:
14.10 (1) a carcass from a mammal, if the carcass contains more than 25 percent of the
14.11intact carcass;
14.12 (2) meat from mammals, if the meat contains bones;
14.13 (3) bones of mammals;
14.14 (4) solid waste containing bottles, cans, plastic, paper, or metal;
14.15 (5) materials that are not readily biodegradable; or
14.16 (6) any part of a swine, except cured pork.
14.17(b) A private landowner or person authorized by the private landowner may use a
14.18barrel to bait bear on the person's private land. The barrel must be securely chained or
14.19cabled to a tree so that it cannot be moved from the site by a bear and the barrel may
14.20not include a mechanical device for dispensing feed. The barrel must be marked with
14.21the name and address of the person who registered the bait site. For purposes of this
14.22paragraph, "barrel" means a 55 gallon metal container.
14.23 Sec. 35. Minnesota Statutes 2008, section 97B.651, is amended to read:
14.2497B.651 UNPROTECTED MAMMALS AND BIRDS.
14.25 Subdivision 1. Taking unprotected mammals and birds. Mammals that are
14.26unprotected wild animals and unprotected birds may be taken at any time and in any
14.27manner, except with artificial lights, or by using a motor vehicle in violation of section
14.2897B.091
. Poison may not be used to take unprotected mammals or unprotected birds
14.29unless the safety of humans and domestic livestock is ensured. Unprotected mammals and
14.30unprotected birds may be possessed, bought, sold, or transported in any quantity
, except
14.31importation or exportation is restricted as provided in subdivision 2.
14.32 Subd. 2. Taking and possessing live coyotes. A person may not export a live
14.33coyote out of the state or import a live coyote into the state unless authorized under a
14.34permit from the commissioner.
15.1 Sec. 36. Minnesota Statutes 2008, section 97B.811, subdivision 2, is amended to read:
15.2 Subd. 2.
Hours for placing decoys. Except as provided in subdivisions 3 and 4,
15.3a person may not place decoys in public waters or on public lands more than
one hour
15.4two hours before lawful shooting hours for waterfowl.
15.5 Sec. 37. Minnesota Statutes 2008, section 97B.811, subdivision 3, is amended to read:
15.6 Subd. 3.
Restrictions on leaving decoys unattended. During the open season
15.7for waterfowl, a person may not leave decoys in public waters between sunset and one
15.8hour before lawful shooting hours or leave decoys unattended during other times for
15.9more than four consecutive hours unless
:
15.10(1) the decoys are in waters
adjacent to completely surrounded by private land
15.11that is under the control of
a single landowner and there is no public access to the water
15.12the hunter; and
15.13(2) there is not natural vegetation growing in water sufficient to partially conceal
15.14a hunter.
15.15 Sec. 38. Minnesota Statutes 2008, section 97B.931, subdivision 1, is amended to read:
15.16 Subdivision 1.
Restrictions. A person may not tend a trap set for wild animals
15.17between 10:00 p.m. and 5:00 a.m. Between 5:00 a.m. and 10:00 p.m. a person on foot
15.18may use a portable artificial light to tend traps. While using a light in the field, the person
15.19may not possess or use a firearm other than a handgun
or rifle capable of firing only
15.20rimfire cartridges of
.17 or .22 caliber
including .22 magnum.
15.21 Sec. 39. Minnesota Statutes 2008, section 97C.315, subdivision 1, is amended to read:
15.22 Subdivision 1.
Lines. An angler may
not use
more than one line except:
15.23(1) two lines
may be used to take fish
through the ice; and
15.24(2) the commissioner may, by rule, authorize the use of two lines in areas designated
15.25by the commissioner in Lake Superior.
15.26 Sec. 40. Minnesota Statutes 2008, section 97C.355, subdivision 2, is amended to read:
15.27 Subd. 2.
License required. A person may not leave a dark house
or, fish house
, or
15.28shelter unattended on the ice at any time between midnight and one hour before sunrise
15.29unless the house
or shelter is licensed and has
a the license tag attached to the exterior in a
15.30readily visible location, except as provided in this subdivision. The commissioner must
15.31issue a tag with a dark house
or, fish house
, or shelter license, marked with a number to
15.32correspond with the license and the year of issue. A dark house
or, fish house
, or shelter
16.1license is not required of a resident on boundary waters where the adjacent state does not
16.2charge a fee for the same activity.
16.3 Sec. 41. Minnesota Statutes 2008, section 97C.371, is amended by adding a
16.4subdivision to read:
16.5 Subd. 5. Nonresidents. Nonresidents may spear from a fish house or dark house.
16.6 Sec. 42. Minnesota Statutes 2008, section 97C.385, subdivision 2, is amended to read:
16.7 Subd. 2.
Summer Angling limits must be same as and spearing limits. (a) If the
16.8commissioner reduces the limit of a species of game fish taken by spearing in any waters
16.9under section
97A.045, subdivision 2, the commissioner must reduce the limit for taking
16.10of the species by angling in the waters during the following open season for angling.
16.11(b) The commissioner shall not limit the size of a northern pike allowed to be taken
16.12by spear.
16.13 Sec. 43. Minnesota Statutes 2008, section 97C.395, subdivision 1, is amended to read:
16.14 Subdivision 1.
Dates for certain species. (a) The open seasons to take fish by
16.15angling are as follows:
16.16 (1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and
16.17smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend
16.18to the last Sunday in February;
16.19 (2) for lake trout, from January 1 to October 31;
16.20 (3) for the winter season for lake trout on all lakes
located outside or partially within
16.21the Boundary Waters Canoe Area, from January 15 to March 31;
16.22 (4)
for the winter season for lake trout on all lakes located entirely within the
16.23Boundary Waters Canoe Area, from January 1 to March 31;
16.24(5) for brown trout, brook trout, rainbow trout, and splake, between January 1 to
16.25October 31 as prescribed by the commissioner by rule except as provided in section
16.2697C.415, subdivision 2
;
16.27 (5) (6) for the winter season for brown trout, brook trout, rainbow trout, and splake
16.28on all lakes, from January 15 to March 31; and
16.29 (6) (7) for salmon, as prescribed by the commissioner by rule.
16.30 (b) The commissioner shall close the season in areas of the state where fish are
16.31spawning and closing the season will protect the resource.
16.32 Sec. 44.
RULEMAKING.
17.1(a) The commissioner of natural resources shall adopt or amend rules to establish
17.2minimum size limits for muskellunge on inland waters consistent with the provisions
17.3of this section. The commissioner must:
17.4(1) establish a 48-inch statewide minimum size restriction for muskellunge and
17.5muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause
17.6(2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota,
17.7Hennepin, Ramsey, Scott, and Washington Counties; and
17.8(2) establish a 40-inch minimum size restriction for muskellunge-northern pike
17.9hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and
17.10Washington Counties:
17.11
|
|
LAKE
|
COUNTY
|
17.12
|
|
Bryant
|
Hennepin
|
17.13
|
|
Bush
|
Hennepin
|
17.14
|
|
Calhoun
|
Hennepin
|
17.15
|
|
Cedar
|
Hennepin
|
17.16
|
|
Cedar
|
Scott
|
17.17
|
|
Clear
|
Washington
|
17.18
|
|
Crystal
|
Dakota
|
17.19
|
|
Crystal
|
Hennepin
|
17.20
|
|
Eagle
|
Carver
|
17.21
|
|
Elmo
|
Washington
|
17.22
|
|
Gervais
|
Ramsey
|
17.23
|
|
Island
|
Ramsey
|
17.24
|
|
Isles
|
Hennepin
|
17.25
|
|
Johanna
|
Ramsey
|
17.26
|
|
Nokomis
|
Hennepin
|
17.27
|
|
Orchard
|
Dakota
|
17.28
|
|
Phalen
|
Ramsey
|
17.29
|
|
Pierson
|
Carver
|
17.30
|
|
Silver
|
Ramsey
|
17.31
|
|
Wasserman
|
Carver
|
17.32
|
|
Weaver
|
Hennepin
|
17.33(b) The commissioner may use the good cause exemption under Minnesota Statutes,
17.34section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section
17.3514.386, does not apply except as provided in Minnesota Statutes, section 14.388.
17.36 Sec. 45.
REPEALER.
17.37(a) Minnesota Statutes 2008, sections 97A.525, subdivision 2; 97B.811, subdivision
17.384; and 97C.405, are repealed.
18.1(b) Laws 2008, chapter 368, article 2, section 25, the effective date, is repealed the
18.2day following final enactment."
18.3Delete the title and insert:
18.5relating to game and fish; modifying refund provisions; modifying certain
18.6definitions; modifying publication requirements; modifying restrictions in
18.7migratory feeding and resting areas; providing certain exemptions from local law;
18.8modifying wild animal and fish taking, possession, and licensing requirements;
18.9removing bow and gun case requirements; authorizing certain fees; allowing
18.10all-terrain vehicle use by the disabled along certain trails; requiring rulemaking;
18.11amending Minnesota Statutes 2008, sections 17.4981; 17.4988, subdivision
18.123; 84.788, subdivision 11; 84.798, subdivision 10; 84.82, subdivision 11;
18.1384.922, subdivision 12; 85.018, by adding a subdivision; 86B.415, subdivision
18.1411; 97A.051, subdivision 2; 97A.095, subdivision 2; 97A.137, by adding
18.15subdivisions; 97A.421, subdivision 1; 97A.445, subdivision 1, by adding a
18.16subdivision; 97A.451, subdivisions 2, 3; 97A.465, subdivision 1b; 97A.475,
18.17subdivisions 3, 7, 11, 12, 29; 97A.525, subdivision 1; 97B.035, subdivision
18.182; 97B.041; 97B.045, subdivisions 1, 2; 97B.051; 97B.055, subdivision 3;
18.1997B.086; 97B.111, subdivision 1; 97B.328, subdivision 3; 97B.425; 97B.651;
18.2097B.811, subdivisions 2, 3; 97B.931, subdivision 1; 97C.315, subdivision 1;
18.2197C.355, subdivision 2; 97C.371, by adding a subdivision; 97C.385, subdivision
18.222; 97C.395, subdivision 1; repealing Minnesota Statutes 2008, sections 97A.525,
18.23subdivision 2; 97B.811, subdivision 4; 97C.405; Laws 2008, chapter 368, article
18.242, section 25."