1.1.................... moves to amend H.F. No. 984 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 3.7371, subdivision 1, is amended to read:
1.4 Subdivision 1.
Authorization. Notwithstanding section
3.736, subdivision 3,
1.5paragraph (e), or any other law, a person who owns an agricultural crop
or pasture shall
1.6be compensated by the commissioner of agriculture for an agricultural crop
, or fence
1.7surrounding the crop or pasture, that is damaged or destroyed by elk as provided in this
1.8section.
1.9 Sec. 2. Minnesota Statutes 2010, section 3.7371, subdivision 3, is amended to read:
1.10 Subd. 3.
Compensation. The crop owner is entitled to the target price or the
1.11market price, whichever is greater, of the damaged or destroyed crop plus adjustments
1.12for yield loss determined according to agricultural stabilization and conservation service
1.13programs for individual farms, adjusted annually, as determined by the commissioner,
1.14upon recommendation of the county extension agent for the owner's county. The
1.15commissioner, upon recommendation of the agent, shall determine whether the crop
1.16damage or destruction
or damage to or destruction of a fence surrounding a crop or pasture
1.17is caused by elk and, if so, the amount of the crop
or fence that is damaged or destroyed.
1.18In any fiscal year,
a crop an owner may not be compensated for a damaged or destroyed
1.19crop
or fence surrounding a crop or pasture that is less than $100 in value and may be
1.20compensated up to $20,000, as determined under this section, if normal harvest procedures
1.21for the area are followed. In any fiscal year, the commissioner may provide compensation
1.22for claims filed under this section up to the amount expressly appropriated for this purpose.
1.23 Sec. 3. Minnesota Statutes 2010, section 17.4982, subdivision 8, is amended to read:
1.24 Subd. 8.
Containment facility. "Containment facility" means a licensed facility for
1.25salmonids
or, catfish
, or species on the viral hemorrhagic septicemia (VHS) susceptible
2.1list published by the United States Department of Agriculture, Animal and Plant Health
2.2Inspection Services, that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):
2.3(1) disinfects its effluent to the standards in section
17.4991 before the effluent is
2.4discharged to public waters;
2.5(2) does not discharge to public waters or to waters of the state directly connected to
2.6public waters;
2.7(3) raises aquatic life that is prohibited from being released into the wild and must be
2.8kept in a facility approved by the commissioner unless processed for food consumption;
2.9(4) contains aquatic life requiring a fish health inspection prior to transportation.
2.10 Sec. 4. Minnesota Statutes 2010, section 17.4982, is amended by adding a subdivision
2.11to read:
2.12 Subd. 10a. Fish collector. "Fish collector" means an individual who has been
2.13certified under section 17.4989 to oversee the collection of fish samples from a facility or
2.14a water body for disease testing by a certified laboratory.
2.15 Sec. 5. Minnesota Statutes 2010, section 17.4982, subdivision 12, is amended to read:
2.16 Subd. 12.
Fish health inspection. (a) "Fish health inspection" means an on-site,
2.17statistically based sampling
, collection, and testing of fish in accordance with processes
2.18in the Fish Health Blue Book
for all lots of fish in a facility or the Diagnostic Manual
2.19for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
2.20to test for causative pathogens. The samples for inspection must be collected by a fish
2.21health inspector or a fish collector in cooperation with the producer. Testing of samples
2.22must be done by an approved laboratory.
2.23(b) The inspection
for viral hemorrhagic septicemia (VHS), infectious pancreatic
2.24necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
2.25nonsalmonids must include at
least a minimum viral testing of ovarian fluids at the 95
2.26percent confidence level of detecting two percent incidence of disease
(ovarian fluids must
2.27be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic
2.28necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a
2.29five percent incidence of disease. The inspection must be performed by a fish health
2.30inspector in cooperation with the producer with subsequent examination of the collected
2.31tissues and fluids for the detection of certifiable diseases.
2.32(c) The inspection for certifiable diseases for wild fish must follow the guidelines of
2.33the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
3.1 Sec. 6. Minnesota Statutes 2010, section 17.4982, subdivision 13, is amended to read:
3.2 Subd. 13.
Fish health inspector. "Fish health inspector" means an individual
3.3certified as a fish health inspector
or an aquatic animal health inspector by the American
3.4Fisheries Society or state, federal, or provincial resource management agency, except
3.5that a certification may not be made by an inspector who has a conflict of interest in
3.6connection with the outcome of the certification.
3.7 Sec. 7.
[17.4989] FISH SAMPLE COLLECTING.
3.8 Subdivision 1. Training. Fish collector training may be offered by any organization
3.9or agency that has had its class and practicum syllabus approved by the commissioner.
3.10The class and practicum must include the following components:
3.11(1) accurate identification of licensed water bodies listed according to section
3.1217.4984 and ensuring that collection is taking place at the correct site;
3.13(2) identification of fish internal organs;
3.14(3) fish dissection and sample preparation as identified by the Department of Natural
3.15Resources based on specific testing requirements or as outlined in the Fish Health
3.16Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
3.17International Office of Epizootics (OIE);
3.18(4) recording and reporting data;
3.19(5) sample preparation and shipping;
3.20(6) a field collection site test to demonstrate mastery of the necessary skills, overseen
3.21by a certified fish health inspector; and
3.22(7) a certificate of successful completion signed by a certified fish health inspector
3.23on a form provided by the commissioner.
3.24 Subd. 2. Certification time period. Fish collector certification is valid for five years
3.25and is not transferable. A person may renew certification only by successfully completing
3.26certification training. Certification shall be revoked if the certified person is convicted
3.27of violating any of the statutes or rules governing testing for aquatic species diseases.
3.28Certification may be suspended during an investigation associated with misconduct or
3.29violations of fish health testing and collection. The commissioner shall notify the person
3.30that certification is being revoked or suspended.
3.31 Subd. 3. Conflict of interest. A fish collector may not oversee the collection of fish
3.32from a facility or a water body when the collector has a conflict of interest in connection
3.33with the outcome of the testing.
3.34 Sec. 8. Minnesota Statutes 2010, section 17.4991, subdivision 3, is amended to read:
4.1 Subd. 3.
Fish health inspection. (a) An aquatic farm propagating
trout, salmon,
4.2or salmonids, catfish
, or species on the viral hemorrhagic septicemia (VHS) susceptible
4.3list published by the United States Department of Agriculture, Animal and Plant Health
4.4Inspection Services, and having an effluent discharge from the aquatic farm into public
4.5waters must have a fish health inspection conducted at least once every 12 months by a
4.6certified fish health inspector. Testing must be conducted according to
approved laboratory
4.7methods
of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
4.8Diseases, published by the International Office of Epizootics (OIE).
4.9(b)
An aquatic farm propagating any species on the VHS susceptible list and having
4.10an effluent discharge from the aquatic farm into public waters must test for VHS virus
4.11using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic
4.12Animal Diseases. The commissioner may, by written order published in the State Register,
4.13prescribe alternative testing time periods and methods from those prescribed in the Fish
4.14Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
4.15biosecurity measures will not be compromised. These alternatives are not subject to the
4.16rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
4.17must provide reasonable notice to affected parties of any changes in testing requirements.
4.18(c) Results of fish health inspections must be provided to the commissioner for all
4.19fish that remain in the state. All data used to prepare and issue a fish health certificate must
4.20be maintained for three years by the issuing fish health inspector, approved laboratory, or
4.21accredited veterinarian.
4.22(d) A health inspection fee must be charged based on each lot of fish sampled. The
4.23fee by check or money order payable to the Department of Natural Resources must be
4.24prepaid or paid at the time a bill or notice is received from the commissioner that the
4.25inspection and processing of samples is completed.
4.26(c) (e) Upon receipt of payment and completion of inspection, the commissioner
4.27shall notify the operator and issue a fish health certificate. The certification must be made
4.28according to the Fish Health Blue Book
or the Diagnostic Manual for Aquatic Animal
4.29Diseases by a person certified as a fish health inspector.
4.30(d) (f) All aquatic life in transit or held at transfer stations within the state may
4.31be inspected by the commissioner. This inspection may include the collection of stock
4.32for purposes of pathological analysis. Sample size necessary for analysis will follow
4.33guidelines listed in the Fish Health Blue Book
or the Diagnostic Manual for Aquatic
4.34Animal Diseases.
4.35(e) (g) Salmonids
and, catfish
, or species on the VHS susceptible list must have a
4.36fish health inspection before being transported from a containment facility, unless the
5.1fish are being transported directly to an outlet for processing or other food purposes or
5.2unless the commissioner determines that an inspection is not needed. A fish health
5.3inspection conducted for this purpose need only be done on the lot or lots of fish that will
5.4be transported. The commissioner must conduct a fish health inspection requested for this
5.5purpose within five working days of receiving written notice. Salmonids and catfish may
5.6be immediately transported from a containment facility to another containment facility
5.7once a sample has been obtained for a health inspection or once the five-day notice
5.8period has expired.
5.9 Sec. 9. Minnesota Statutes 2010, section 17.4994, is amended to read:
5.1017.4994 SUCKER EGGS.
5.11Sucker eggs may be taken from public waters with a sucker egg license endorsement
,
5.12which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres
5.13of licensed surface waters except that for intensive culture systems, sucker eggs may be
5.14taken at a rate of two quarts per 1,000 muskellunge fry being reared for the fee prescribed
5.15in section 97A.475, subdivision 29.
The Taking
of sucker eggs from public waters is
5.16subject to chapter 97C and may be supervised by the commissioner.
The commissioner
5.17may limit the amount of sucker eggs that a person with a sucker egg license endorsement
5.18may take based on the number of sucker eggs taken historically by the licensee, new
5.19requests for eggs, and the condition of the spawning runs at those historical streams and
5.20rivers that have produced previous annual quotas.
5.21 Sec. 10. Minnesota Statutes 2010, section 84.942, subdivision 1, is amended to read:
5.22 Subdivision 1.
Preparation. The commissioner of natural resources shall prepare
5.23a comprehensive fish and wildlife management
plan plans designed to accomplish the
5.24policy of section
84.941.
The comprehensive fish and wildlife management plan shall
5.25include a strategic plan as outlined in subdivision 2. The strategic plan must be completed
5.26by July 1, 1986. The management plan must also include the long-range and operational
5.27plans as described in subdivisions 3 and 4. The management plan must be completed by
5.28July 1, 1988.
5.29 Sec. 11. Minnesota Statutes 2010, section 84.95, subdivision 2, is amended to read:
5.30 Subd. 2.
Purposes and expenditures. Money from the reinvest in Minnesota
5.31resources fund may only be spent for the following fish and wildlife conservation
5.32enhancement purposes:
6.1(1) development and implementation of the
comprehensive fish and wildlife
6.2management
plan plans under section
84.942;
6.3(2) implementation of the reinvest in Minnesota reserve program established by
6.4section
103F.515;
6.5(3) soil and water conservation practices to improve water quality, reduce soil
6.6erosion and crop surpluses;
6.7(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
6.8wetlands, and public and private forest lands;
6.9(5) acquisition and development of public access sites and recreation easements to
6.10lakes, streams, and rivers for fish and wildlife oriented recreation;
6.11(6) matching funds with government agencies, federally recognized Indian tribes and
6.12bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
6.13(7) research and surveys of fish and wildlife species and habitat;
6.14(8) enforcement of natural resource laws and rules;
6.15(9) information and education;
6.16(10) implementing the aspen recycling program under section
88.80 and for other
6.17forest wildlife management projects; and
6.18(11) necessary support services to carry out these purposes.
6.19 Sec. 12. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
6.20 Subd. 2a.
Harvest of bait from infested waters. The commissioner may issue a
6.21permit to allow the harvest of bait
:
6.22 (1) from waters that are designated as infested waters, except those designated
6.23because they contain prohibited invasive species of fish
or certifiable diseases of fish as
6.24defined in section 17.4982, subdivision 6; and
6.25 (2) from infested waters as allowed under section 97C.341, paragraph (c).
6.26 The permit shall include conditions necessary to avoid spreading aquatic invasive
6.27species. Before receiving a permit, a person annually must satisfactorily complete aquatic
6.28invasive species-related training provided by the commissioner.
6.29EFFECTIVE DATE.This section is effective the day following final enactment.
6.30 Sec. 13. Minnesota Statutes 2010, section 97A.015, subdivision 24, is amended to read:
6.31 Subd. 24.
Game birds. "Game birds" means migratory waterfowl, ring-necked
6.32pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray
6.33partridge, bobwhite quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning
6.34dove,
sandhill crane, American woodcock, and common snipe.
7.1 Sec. 14. Minnesota Statutes 2010, section 97A.015, subdivision 49, is amended to read:
7.2 Subd. 49.
Undressed bird. "Undressed bird" means:
7.3(1) a bird, excluding
migratory waterfowl, a pheasant, Hungarian partridge,
wild
7.4turkey, or
grouse duck, with
feet and a fully feathered
head wing intact;
7.5(2) a
migratory waterfowl, excluding geese, duck with a fully feathered wing and
7.6head attached;
or
7.7(3) a pheasant, Hungarian partridge,
or wild turkey
, or grouse with one leg and foot
7.8or the fully feathered head or wing intact
; or.
7.9(4) a goose with a fully feathered wing attached.
7.10 Sec. 15. Minnesota Statutes 2010, section 97A.015, subdivision 52, is amended to read:
7.11 Subd. 52.
Unprotected birds. "Unprotected birds" means English sparrow,
7.12blackbird, starling, magpie, cormorant, common pigeon,
Eurasian collared dove, chukar
7.13partridge, quail other than bobwhite quail, and mute swan.
7.14 Sec. 16. Minnesota Statutes 2010, section 97A.015, subdivision 55, is amended to read:
7.15 Subd. 55.
Wild animals. "Wild animals" means all
living creatures,
whether dead or
7.16alive, not human, wild by nature, endowed with sensation and power of voluntary motion,
7.17and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.
7.18 Sec. 17. Minnesota Statutes 2010, section 97A.028, subdivision 3, is amended to read:
7.19 Subd. 3.
Emergency deterrent materials assistance. (a) For the purposes of
7.20this subdivision, "cooperative damage management agreement" means an agreement
7.21between a landowner or tenant and the commissioner that establishes a program for
7.22addressing the problem of destruction of the landowner's or tenant's specialty crops or
7.23stored forage crops by wild animals,
or destruction of agricultural crops by flightless
7.24Canada geese
, or destruction of agricultural crops or pasture by elk within the native elk
7.25range, as determined by the commissioner.
7.26 (b) A landowner or tenant may apply to the commissioner for emergency deterrent
7.27materials assistance in controlling destruction of the landowner's or tenant's specialty
7.28crops or stored forage crops by wild animals,
or destruction of agricultural crops by
7.29flightless Canada geese
, or destruction of agricultural crops or pasture by elk within the
7.30native elk range, as determined by the commissioner. Subject to the availability of money
7.31appropriated for this purpose, the commissioner shall provide suitable deterrent materials
7.32when the commissioner determines that:
7.33 (1) immediate action is necessary to prevent significant damage from continuing; and
8.1 (2) a cooperative damage management agreement cannot be implemented
8.2immediately.
8.3 (c) A person may receive emergency deterrent materials assistance under this
8.4subdivision more than once, but the cumulative total value of deterrent materials provided
8.5to a person, or for use on a parcel, may not exceed
$3,000 $5,000 for specialty crops,
$750
8.6$1,500 for protecting stored forage crops, or
$500 $1,000 for agricultural crops damaged
8.7by flightless Canada geese.
The value of deterrent materials provided to a person to help
8.8protect stored forage crops, agricultural crops, or pasture from damage by elk may not
8.9exceed $5,000. If a person is a co-owner or cotenant with respect to the
specialty crops
8.10for which the deterrent materials are provided, the deterrent materials are deemed to be
8.11"provided" to the person for the purposes of this paragraph.
8.12 (d) As a condition of receiving emergency deterrent materials assistance under this
8.13subdivision, a landowner or tenant shall enter into a cooperative damage management
8.14agreement with the commissioner. Deterrent materials provided by the commissioner may
8.15include repellents, fencing materials, or other materials recommended in the agreement
8.16to alleviate the damage problem. If requested by a landowner or tenant, any fencing
8.17materials provided must be capable of providing long-term protection of specialty crops.
8.18A landowner or tenant who receives emergency deterrent materials assistance under
8.19this subdivision shall comply with the terms of the cooperative damage management
8.20agreement.
8.21 Sec. 18. Minnesota Statutes 2010, section 97A.101, subdivision 3, is amended to read:
8.22 Subd. 3.
Fishing may not be restricted. Seasons or methods of taking fish
other
8.23than minnows may not be restricted under this section.
8.24 Sec. 19. Minnesota Statutes 2010, section 97A.311, subdivision 5, is amended to read:
8.25 Subd. 5.
Refunds. (a) The commissioner may issue a refund on a license, not
8.26including any issuing fees paid under section
97A.485, subdivision 6, if
the request is
8.27received within 90 days of the original license purchase and:
8.28 (1) the licensee dies before the opening of the licensed season. The original license
8.29and a copy of the death certificate must be provided to the commissioner;
8.30 (2) the licensee is unable to participate in the licensed activity because the licensee is
8.31called to active military duty or military leave is canceled during the entire open season of
8.32the licensed activity. The original license and a copy of the military orders or notice of
8.33cancellation of leave must be provided to the commissioner;
or
8.34 (3) the licensee purchased two licenses for the same license season in error
.; or
9.1(4) the licensee was not legally required to purchase the license to participate
9.2in the activity.
9.3 (b) This subdivision does not apply to lifetime licenses.
9.4 Sec. 20. Minnesota Statutes 2010, section 97A.321, subdivision 1, is amended to read:
9.5 Subdivision 1.
Owner responsibility; penalty amount. The owner of a dog that
9.6pursues but does not kill a big game animal is subject to a civil penalty of $100 for each
9.7violation. The owner of a dog that kills
or mortally wounds a big game animal is subject
9.8to a civil penalty of $500 for each violation.
9.9 Sec. 21. Minnesota Statutes 2010, section 97A.331, is amended by adding a
9.10subdivision to read:
9.11 Subd. 4a. Hunting big game while under revocation. Notwithstanding section
9.1297A.421, subdivision 7, a person who takes big game during the time the person is
9.13prohibited from obtaining a license to take big game under section 97A.421 is guilty
9.14of a gross misdemeanor.
9.15 Sec. 22. Minnesota Statutes 2010, section 97A.405, subdivision 2, is amended to read:
9.16 Subd. 2.
Personal possession. (a) A person acting under a license or traveling from
9.17an area where a licensed activity was performed must have in personal possession either:
9.18(1) the proper license, if the license has been issued to and received by the person; or (2)
9.19the proper license identification number or stamp validation, if the license has been sold to
9.20the person by electronic means but the actual license has not been issued and received.
9.21 (b) If possession of a license or a license identification number is required, a person
9.22must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
9.23license if the license has been issued to and received by the person; or (2) the proper
9.24license identification number or stamp validation and a valid state driver's license, state
9.25identification card, or other form of identification provided by the commissioner, if the
9.26license has been sold to the person by electronic means but the actual license has not been
9.27issued and received. A person charged with violating the license possession requirement
9.28shall not be convicted if the person produces in court or the office of the arresting officer,
9.29the actual license previously issued to that person, which was valid at the time of arrest,
9.30or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
9.31request of a conservation officer or peace officer, a licensee shall write the licensee's name
9.32in the presence of the officer to determine the identity of the licensee.
10.1 (c) If the actual license has been issued and received, a receipt for license fees, a
10.2copy of a license, or evidence showing the issuance of a license, including the license
10.3identification number or stamp validation, does not entitle a licensee to exercise the rights
10.4or privileges conferred by a license.
10.5 (d) A license issued electronically and not immediately provided to the licensee
10.6shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
10.7migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to
10.8the licensee after purchase of a stamp validation only if the licensee pays an additional
$2
10.9fee
that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey
10.10stamp may be purchased for a
$2 fee
. that covers the costs of producing and mailing the
10.11pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written
10.12order published in the State Register, establish fees for providing the pictorial stamps.
10.13The fees must be set in an amount that does not recover significantly more or less than
10.14the cost of producing and mailing the stamps. The fees are not subject to the rulemaking
10.15provisions of chapter 14, and section 14.386 does not apply.
10.16 Sec. 23. Minnesota Statutes 2010, section 97A.415, subdivision 2, is amended to read:
10.17 Subd. 2.
Transfer prohibited. A person may not lend, transfer, borrow, or solicit
10.18a license or permit, license identification number, application for a license or permit,
10.19coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag,
10.20or seal not issued to the person unless otherwise expressly authorized.
A person may
10.21transfer a license, as prescribed by the commissioner, for use by a person with a severe
10.22disability or critical illness who is participating in a hunting or fishing program sponsored
10.23by a nonprofit organization.
10.24 Sec. 24. Minnesota Statutes 2010, section 97A.425, subdivision 3, is amended to read:
10.25 Subd. 3.
Reports. Except for persons licensed to mount specimens of wild
10.26animals, an annual report covering the preceding license year must be submitted to the
10.27commissioner by March 15. The commissioner may require other reports for statistical
10.28purposes. The reports must be on forms supplied
or approved by the commissioner.
10.29 Sec. 25. Minnesota Statutes 2010, section 97A.433, is amended by adding a
10.30subdivision to read:
10.31 Subd. 5. Mandatory separate selection. The commissioner must conduct
10.32a separate selection for 20 percent of the elk licenses to be issued each year. Only
11.1individuals who have applied at least ten times for an elk license and who have never
11.2received a license are eligible for this separate selection.
11.3 Sec. 26. Minnesota Statutes 2010, section 97A.435, subdivision 1, is amended to read:
11.4 Subdivision 1.
Number of licenses to be issued License issuance. The
11.5commissioner shall include in
a rule setting the dates for a turkey season the number of
11.6licenses to be issued rules setting turkey seasons the methods for issuing licenses for
11.7those seasons.
11.8 Sec. 27. Minnesota Statutes 2010, section 97A.445, subdivision 1a, is amended to read:
11.9 Subd. 1a.
Angling in a state park. (a) A resident may take fish by angling without
11.10an angling license
:
11.11(1) when shore fishing or wading on state-owned land within a state park
.; or
11.12(2) when angling from a boat or float
, this subdivision applies only to those or
11.13through the ice on water bodies completely encompassed within the statutory boundary of
11.14the state park.
11.15(b) The exemption from an angling license does not apply to waters where a trout
11.16stamp is required.
11.17 Sec. 28. Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:
11.18 Subd. 2.
Resident hunting. Fees for the following licenses, to be issued to residents
11.19only, are:
11.20 (1) for persons age 18 or over and under age 65 to take small game, $12.50;
11.21 (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
11.22 (3) for persons age 18 or over to take turkey, $23;
11.23 (4) for persons under age 18 to take turkey, $12;
11.24 (5) for persons age 18 or over to take deer with firearms during the regular firearms
11.25season, $26;
11.26 (6) for persons age 18 or over to take deer by archery, $26;
11.27 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
11.28season, $26;
11.29 (8) to take moose, for a party of not more than six persons, $310;
11.30 (9) to take bear, $38;
11.31 (10) to take elk, for a party of not more than two persons, $250;
11.32 (11) to take Canada geese during a special season, $4;
11.33 (12) to take prairie chickens, $20;
12.1 (13) for persons under age 18 to take deer with firearms during the regular firearms
12.2season, $13;
12.3 (14) for persons under age 18 to take deer by archery, $13;
and
12.4 (15) for persons under age 18 to take deer by muzzleloader during the muzzleloader
12.5season, $13
.; and
12.6(16) to take sandhill cranes, $4.
12.7 Sec. 29. Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:
12.8 Subd. 3.
Nonresident hunting. (a) Fees for the following licenses, to be issued
12.9to nonresidents, are:
12.10 (1) for persons age 18 or over to take small game, $73;
12.11 (2) for persons age 18 or over to take deer with firearms during the regular firearms
12.12season, $135;
12.13 (3) for persons age 18 or over to take deer by archery, $135;
12.14 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
12.15season, $135;
12.16 (5) to take bear, $195;
12.17 (6) for persons age 18 and older to take turkey, $78;
12.18 (7) for persons under age 18 to take turkey, $12;
12.19 (8) to take raccoon or bobcat, $155;
12.20 (9) to take Canada geese during a special season, $4;
12.21 (10) for persons under age 18 to take deer with firearms during the regular firearms
12.22season in any open season option or time period, $13;
12.23 (11) for persons under age 18 to take deer by archery, $13;
and
12.24 (12) for persons under age 18 to take deer during the muzzleloader season, $13
.; and
12.25(13) to take sandhill cranes, $4.
12.26 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
12.27paragraph (a), clauses (1) to (8). An additional commission may not be assessed on this
12.28surcharge.
12.29 Sec. 30. Minnesota Statutes 2010, section 97A.475, subdivision 7, is amended to read:
12.30 Subd. 7.
Nonresident fishing. (a) Fees for the following licenses, to be issued
12.31to nonresidents, are:
12.32 (1) to take fish by angling, $37.50;
12.33 (2) to take fish by angling limited to seven consecutive days selected by the licensee,
12.34$26.50;
13.1 (3) to take fish by angling for a 72-hour period selected by the licensee, $22;
13.2 (4) to take fish by angling for a combined license for a family for one or both parents
13.3and dependent children under the age of 16, $50.50;
13.4 (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50;
13.5 (6) to take fish by angling for a combined license for a married couple, limited to 14
13.6consecutive days selected by one of the licensees, $38.50; and
13.7(7) to take fish by spearing from a dark house, $37.50.
13.8 (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
13.9issued under paragraph (a), clause (5)
, and licenses purchased at the resident fee by
13.10nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b). An
13.11additional commission may not be assessed on this surcharge.
13.12 Sec. 31. Minnesota Statutes 2010, section 97A.502, is amended to read:
13.1397A.502 DEER KILLED BY MOTOR VEHICLES.
13.14(a) Deer killed by a motor vehicle on a public road must be removed by the road
13.15authority, as defined by section
160.02, subdivision 25, unless the driver of the motor
13.16vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural
13.17resources must provide to all road authorities standard forms for statistical purposes and
13.18the tracking of wild animals.
13.19(b) The driver of a motor vehicle that has collided with and killed a deer on a public
13.20road has priority for a possession permit for the entire deer if the facts indicate that the
13.21deer was not taken illegally.
13.22 Sec. 32. Minnesota Statutes 2010, section 97A.505, subdivision 2, is amended to read:
13.23 Subd. 2.
Possession of unlawful animals brought into state prohibited. (a) A
13.24person may not possess a wild animal that has been unlawfully taken, bought, sold, or
13.25possessed outside the state, or unlawfully shipped into the state.
13.26(b) When entering the state from Canada, a person who possesses fish that were
13.27unlawfully taken or possessed under paragraph (a) may be charged in the same manner as
13.28for possessing fish that were unlawfully taken or possessed in the state.
13.29 Sec. 33. Minnesota Statutes 2010, section 97A.545, subdivision 5, is amended to read:
13.30 Subd. 5.
Birds must be in undressed condition; exceptions. (a) Except as
13.31provided in paragraph (b), a person may ship or otherwise transport game birds in an
13.32undressed condition only.
13.33(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
14.1(1) were taken on a shooting preserve and are marked or identified in accordance
14.2with section
97A.121, subdivision 5;
14.3(2) were taken, dressed, and lawfully shipped or otherwise transported in another
14.4state;
or
14.5(3) are migratory game birds that were lawfully tagged and packed by a federally
14.6permitted migratory bird preservation facility
.; or
14.7(4) are doves shipped or transported in accordance with federal law.
14.8 Sec. 34.
[97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
14.9A parent or guardian may not knowingly direct, allow, or permit a person under the
14.10age of 18 to hunt without the required license, permit, training, or certification, or in
14.11violation of the game and fish laws.
14.12 Sec. 35. Minnesota Statutes 2010, section 97B.022, subdivision 2, is amended to read:
14.13 Subd. 2.
Apprentice hunter validation requirements. A resident born after
14.14December 31, 1979, who is age 12 or
older over and who does not possess a
hunter
14.15education firearms safety certificate may be issued an apprentice hunter validation. An
14.16apprentice hunter validation
is valid for only one may be purchased two license
year years
14.17in a lifetime
and used to obtain hunting licenses during the same license year that the
14.18validation is purchased. An individual in possession of an apprentice hunter validation
14.19may hunt small game
and, deer
, and bear only when accompanied by an adult licensed to
14.20hunt in Minnesota whose license was not obtained using an apprentice hunter validation.
14.21An apprentice hunter validation holder must obtain all required licenses and stamps.
14.22 Sec. 36. Minnesota Statutes 2010, section 97B.031, subdivision 5, is amended to read:
14.23 Subd. 5.
Scopes; visually impaired hunters. (a) Notwithstanding any other law
14.24to the contrary, the commissioner may issue a special permit, without a fee, to use a
14.25muzzleloader with a scope to take deer during the muzzleloader season to a person who
14.26obtains the required licenses and who has a visual impairment. The scope may not have
14.27magnification capabilities.
14.28(b) The visual impairment must be to the extent that the applicant is unable to
14.29identify targets and the rifle sights at the same time without a scope. The visual impairment
14.30and specific conditions must be established by medical evidence verified in writing by
14.31(1) a licensed physician
, or a certified nurse practitioner or certified physician assistant
14.32acting under the direction of a licensed physician; (2) a licensed ophthalmologist
,; or
(3)
15.1a licensed optometrist. The commissioner may request additional information from the
15.2physician if needed to verify the applicant's eligibility for the permit.
15.3(c) A permit issued under this subdivision may be valid for up to five years, based
15.4on the permanence of the visual impairment as determined by the licensed physician,
15.5ophthalmologist, or optometrist.
15.6(d) The permit must be in the immediate possession of the permittee when hunting
15.7under the special permit.
15.8(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
15.9this subdivision for cause, including a violation of the game and fish laws or rules.
15.10(f) A person who knowingly makes a false application or assists another in making
15.11a false application for a permit under this subdivision is guilty of a misdemeanor. A
15.12physician,
certified nurse practitioner, certified physician assistant, ophthalmologist, or
15.13optometrist who fraudulently certifies to the commissioner that a person is visually
15.14impaired as described in this subdivision is guilty of a misdemeanor.
15.15 Sec. 37. Minnesota Statutes 2010, section 97B.041, is amended to read:
15.1697B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
15.17IN DEER ZONES.
15.18 (a) A person may not possess a firearm or ammunition outdoors during the period
15.19beginning the fifth day before the open firearms season and ending the second day after
15.20the close of the season within an area where deer may be taken by a firearm, except:
15.21 (1) during the open season and in an area where big game may be taken, a firearm
15.22and ammunition authorized for taking big game in that area may be used to take big game
15.23in that area if the person has a valid big game license in possession;
15.24 (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
15.25 (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
15.26or steel shot;
15.27 (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
15.28including .22 magnum caliber cartridges;
15.29 (5) handguns possessed by a person authorized to carry a handgun under sections
15.30624.714
and
624.715 for the purpose authorized; and
15.31 (6) on a target range operated under a permit from the commissioner.
15.32 (b) This section does not apply during an open firearms season in an area where deer
15.33may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
15.34taking of deer may be possessed only by persons with a valid license to take deer by
15.35muzzleloader
, and those persons may not possess a firearm other than a muzzleloader legal
16.1for taking deer under section 97B.031, subdivision 1, or a handgun under paragraph (a),
16.2clause (4) or (5), when muzzleloader hunting during
that the muzzleloader season.
16.3 Sec. 38. Minnesota Statutes 2010, section 97B.055, subdivision 3, is amended to read:
16.4 Subd. 3.
Hunting from vehicle by disabled hunters. (a) The commissioner may
16.5issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
16.6stationary motor vehicle to a person who obtains the required licenses and who has a
16.7permanent physical disability that is more substantial than discomfort from walking. The
16.8permit recipient must be:
16.9(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
16.10other mechanical support or prosthetic device; or
16.11(2) unable to walk any distance because of a permanent lung, heart, or other internal
16.12disease that requires the person to use supplemental oxygen to assist breathing.
16.13(b) The permanent physical disability must be established by medical evidence
16.14verified in writing by a licensed physician
or, chiropractor
, or certified nurse practitioner
16.15or certified physician assistant acting under the direction of a licensed physician. The
16.16commissioner may request additional information from the physician or chiropractor
16.17if needed to verify the applicant's eligibility for the permit. Notwithstanding section
16.1897A.418
, the commissioner may, in consultation with appropriate advocacy groups,
16.19establish reasonable minimum standards for permits to be issued under this section. In
16.20addition to providing the medical evidence of a permanent disability, the applicant must
16.21possess a valid disability parking certificate authorized by section
169.345 or license
16.22plates issued under section
168.021.
16.23(c) A person issued a special permit under this subdivision and hunting deer may
16.24take a deer of either sex, except in those antlerless permit areas and seasons where no
16.25antlerless permits are offered. This subdivision does not authorize another member of a
16.26party to take an antlerless deer under section
97B.301, subdivision 3.
16.27(d) A permit issued under this subdivision is valid for five years.
16.28(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
16.29this section for cause, including a violation of the game and fish laws or rules.
16.30(f) A person who knowingly makes a false application or assists another in making a
16.31false application for a permit under this section is guilty of a misdemeanor. A physician
,
16.32certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently
16.33certifies to the commissioner that a person is permanently disabled as described in this
16.34section is guilty of a misdemeanor.
17.1(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
17.2the entire life of the applicant if the commissioner determines that there is no chance
17.3that an applicant will become ineligible for a permit under this section and the applicant
17.4requests a lifetime permit.
17.5 Sec. 39. Minnesota Statutes 2010, section 97B.106, subdivision 1, is amended to read:
17.6 Subdivision 1.
Qualifications for crossbow permits. (a) The commissioner may
17.7issue a special permit, without a fee, to take big game, small game, or rough fish with a
17.8crossbow to a person that is unable to hunt or take rough fish by archery because of a
17.9permanent or temporary physical disability. A crossbow permit issued under this section
17.10also allows the permittee to use a bow with a mechanical device that draws, releases, or
17.11holds the bow at full draw as provided in section
97B.035, subdivision 1, paragraph (a).
17.12 (b) To qualify for a crossbow permit under this section, a temporary disability
17.13must render the person unable to hunt or fish by archery for a minimum of two years
17.14after application for the permit is made. The permanent or temporary disability must
17.15be established by medical evidence, and the inability to hunt or fish by archery for the
17.16required period of time must be verified in writing by
(1) a licensed physician
or a certified
17.17nurse practitioner or certified physician assistant acting under the direction of a licensed
17.18physician; or
(2) a licensed chiropractor. A person who has received a special permit
17.19under this section because of a permanent disability is eligible for subsequent special
17.20permits without providing medical evidence and verification of the disability.
17.21 (c) The person must obtain the appropriate license.
17.22 Sec. 40. Minnesota Statutes 2010, section 97B.211, subdivision 1, is amended to read:
17.23 Subdivision 1.
Possession of firearms prohibited. (a) A person may not take deer
17.24by archery while in possession of a firearm.
17.25(b) Paragraph (a) does not apply to a person carrying a handgun in compliance
17.26with section 624.714.
17.27 Sec. 41. Minnesota Statutes 2010, section 97B.325, is amended to read:
17.2897B.325 DEER STAND RESTRICTIONS.
17.29A person may not take deer from a constructed platform or other structure that is
17.30located within the right-of-way of an improved public highway
or is higher than 16 feet
17.31above the ground. The height restriction does not apply to a portable stand that is chained,
17.32belted, clamped, or tied with rope.
18.1 Sec. 42. Minnesota Statutes 2010, section 97B.405, is amended to read:
18.297B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
18.3 (a) The commissioner may limit the number of persons that may hunt bear in an
18.4area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
18.5The commissioner may establish, by rule, a method, including a drawing, to impartially
18.6select the hunters for an area. The commissioner shall give preference to hunters that have
18.7previously applied and have not been selected.
18.8 (b)
In the case of a drawing, the commissioner shall allow a person to apply for a
18.9permit in more than one area at the same time and rank the person's choice of area. A
18.10person selected through a drawing must purchase a license by August 1. Any remaining
18.11available licenses not purchased shall be issued to any eligible person as prescribed by the
18.12commissioner on a first-come, first-served basis beginning August 2.
18.13EFFECTIVE DATE.This section is effective the day following final enactment.
18.14 Sec. 43.
[97B.4251] BAITING BEAR; USE OF DRUM.
18.15Notwithstanding section 97B.425, a private landowner or person authorized by the
18.16private landowner may use a drum to bait bear on the person's private land. The drum
18.17must be securely chained or cabled to a tree so that it cannot be moved from the site by a
18.18bear and the drum may not include a mechanical device for dispensing feed. The drum
18.19must be marked with the name and address of the person who registered the bait site. For
18.20purposes of this section, "drum" means a 30 gallon or larger drum.
18.21 Sec. 44. Minnesota Statutes 2010, section 97B.515, is amended by adding a
18.22subdivision to read:
18.23 Subd. 4. Taking elk causing damage or nuisance. The commissioner may
18.24authorize licensed hunters to take elk that are causing damage or nuisance from August
18.2515 to March 1 under rules prescribed by the commissioner. The commissioner may issue
18.26licenses to hunters impartially selected from a list of elk hunt applicants who indicated on
18.27their application that they would be interested and available to respond to an elk damage
18.28or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a
18.29person receiving a license to hunt elk under this subdivision does not lose eligibility
18.30for future elk hunts.
18.31 Sec. 45. Minnesota Statutes 2010, section 97B.667, is amended to read:
19.197B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
19.2ROAD AUTHORITIES.
19.3When a drainage watercourse is impaired by a beaver dam and the water damages
19.4or threatens to damage a public road, the road authority, as defined in section
160.02,
19.5subdivision 25
, may remove the impairment and any associated beaver lodge within 300
19.6feet of the road.
Notwithstanding any law to the contrary, the road authority may remove
19.7or kill or arrange to have removed or killed by any lawful means a beaver associated
19.8with the lodge. A road authority that kills or arranges to have killed a beaver under this
19.9section must notify a conservation officer or employee of the Wildlife Division within
19.10ten days after the animal is killed. A road authority may, after consultation with the
19.11Wildlife Division and the Board of Water and Soil Resources, implement a local beaver
19.12control program designed to reduce the number of incidents of beaver interfering with or
19.13damaging a public road. The local control program may include the offering of a bounty
19.14for the lawful taking of beaver.
19.15 Sec. 46.
[97B.732] SANDHILL CRANE LICENSE REQUIRED.
19.16A person may not take a sandhill crane without a sandhill crane license.
19.17 Sec. 47. Minnesota Statutes 2010, section 97B.803, is amended to read:
19.1897B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
19.19(a) The commissioner shall prescribe seasons, limits, and areas for taking migratory
19.20waterfowl in accordance with federal law.
19.21(b) The regular duck season may not open before the Saturday closest to October 1.
19.22 Sec. 48. Minnesota Statutes 2010, section 97B.811, subdivision 3, is amended to read:
19.23 Subd. 3.
Restrictions on leaving decoys unattended. During the open season for
19.24waterfowl, a person may not leave decoys in public waters between sunset and two hours
19.25before lawful shooting hours or leave decoys unattended during other times for more than
19.26three consecutive hours
unless:
19.27(1) the decoys are in waters adjacent to private land under the control of the hunter;
19.28and
19.29(2) there is not natural vegetation growing in water sufficient to partially conceal
19.30a hunter.
19.31 Sec. 49. Minnesota Statutes 2010, section 97C.005, subdivision 3, is amended to read:
20.1 Subd. 3.
Seasons, limits, and other rules. The commissioner may, in accordance
20.2with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
20.3establish open seasons, limits, methods, and other requirements for taking fish on special
20.4management waters.
The commissioner may, by written order published in the State
20.5Register, amend daily, possession, or size limits to make midseason adjustments based
20.6on available harvest, angling pressure, and population data to manage the fisheries in the
20.71837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa
20.8v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in daily, possession, or
20.9size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386
20.10does not apply. Before the written order is effective, the commissioner shall attempt to
20.11notify persons or groups of persons affected by the written order by public announcement,
20.12posting, and other appropriate means as determined by the commissioner.
20.13EFFECTIVE DATE.This section is effective the day following final enactment.
20.14 Sec. 50.
[97C.007] NORTHERN PIKE EXPERIMENTAL AND SPECIAL
20.15MANAGEMENT WATERS.
20.16The combined number of lakes designated for northern pike under sections 97C.001
20.17and 97C.005 may not exceed 60 at one time. Until August 1, 2021, the designated lakes
20.18must be selected from the lakes identified in rules adopted under sections 97C.001 and
20.1997C.005 with northern pike slot limits effective on January 1, 2011. A designation under
20.20this section must continue for at least ten years, at which time the commissioner shall
20.21determine, based on scientific studies, whether the designation should be discontinued.
20.22 Sec. 51. Minnesota Statutes 2010, section 97C.081, subdivision 3, is amended to read:
20.23 Subd. 3.
Contests requiring a permit. (a)
Unless subdivision 3a applies, a person
20.24must have a permit from the commissioner to conduct a fishing contest
that does not meet
20.25the criteria in subdivision 2. if:
20.26(1) there are more than 25 boats for open water contests, more than 150 participants
20.27for ice fishing contests, or more than 100 participants for shore fishing contests;
20.28(2) entry fees are more than $25 per person; or
20.29(3) the contest is limited to trout species.
20.30(b) The commissioner shall charge a fee for the permit that recovers the costs of
20.31issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding
20.32section
16A.1283, the commissioner may, by written order published in the State Register,
20.33establish contest permit fees. The fees are not subject to the rulemaking provisions of
20.34chapter 14 and section
14.386 does not apply.
21.1 (b) (c) The commissioner may require the applicant to furnish evidence of financial
21.2responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000
21.3if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and
21.4if the applicant has either:
21.5 (1) not previously conducted a fishing contest requiring a permit under this
21.6subdivision; or
21.7 (2) ever failed to make required prize awards in a fishing contest conducted by
21.8the applicant
, the commissioner may require the applicant to furnish the commissioner
21.9evidence of financial responsibility in the form of a surety bond or bank letter of credit in
21.10the amount of $25,000.
21.11 (c) (d) The permit fee for any individual contest may not exceed the following
21.12amounts:
21.13 (1) $60 for an open water contest not exceeding 50 boats and without off-site
21.14weigh-in;
21.15 (2) $200 for an open water contest with more than 50 boats and without off-site
21.16weigh-in;
21.17 (3) $250 for an open water contest not exceeding 50 boats with off-site weigh-in;
21.18 (4) $500 for an open water contest with more than 50 boats with off-site weigh-in; or
21.19 (5) $120 for an ice fishing contest with more than 150 participants.
21.20 Sec. 52. Minnesota Statutes 2010, section 97C.081, is amended by adding a
21.21subdivision to read:
21.22 Subd. 3a. Contests without a permit. A person may conduct a fishing contest
21.23without a permit from the commissioner if:
21.24(1) the contest is not limited to specifically named waters;
21.25(2) all the contest participants are age 18 years or under;
21.26(3) the contest is limited to rough fish; or
21.27(4) the total prize value is $500 or less.
21.28 Sec. 53. Minnesota Statutes 2010, section 97C.087, subdivision 2, is amended to read:
21.29 Subd. 2.
Application for tag. Application for special fish management tags must
21.30be accompanied by a $5, nonrefundable application fee for each tag. A person may not
21.31make more than one tag application each
calendar year. If a person makes more than one
21.32application, the person is ineligible for a special fish management tag for that
season
21.33calendar year after determination by the commissioner, without a hearing.
22.1 Sec. 54. Minnesota Statutes 2010, section 97C.205, is amended to read:
22.297C.205 TRANSPORTING AND STOCKING FISH.
22.3 (a) Except on the water body where taken, a person may not transport a live fish in a
22.4quantity of water sufficient to keep the fish alive, unless the fish:
22.5 (1) is being transported under an aquaculture license as authorized under sections
22.617.4985
and
17.4986;
22.7 (2) is being transported for a fishing contest weigh-in under section
97C.081;
22.8 (3) is a minnow being transported under section
97C.505 or
97C.515;
22.9 (4) is being transported by a commercial fishing license holder under section
22.1097C.821
; or
22.11 (5) is being transported as otherwise authorized in this section or as prescribed for
22.12certifiable diseases under sections 17.46 to 17.4999.
22.13 (b) The commissioner may adopt rules to allow and regulate:
22.14 (1) the transportation of fish and fish eggs; and
22.15 (2) the stocking of waters with fish or fish eggs.
22.16 (c) The commissioner must allow the possession of fish on special management or
22.17experimental waters to be prepared as a meal on the ice or on the shore of that water
22.18body if the fish:
22.19 (1) were lawfully taken;
22.20 (2) have been packaged by a licensed fish packer; and
22.21 (3) do not otherwise exceed the statewide possession limits.
22.22 (d) The commissioner shall prescribe rules designed to encourage local sporting
22.23organizations to propagate game fish by using rearing ponds. The rules must:
22.24 (1) prescribe methods to acquire brood stock for the ponds by seining public waters;
22.25 (2) allow the sporting organizations to own and use seines and other necessary
22.26equipment; and
22.27 (3) prescribe methods for stocking the fish in public waters that give priority to the
22.28needs of the community where the fish are reared and the desires of the organization
22.29operating the rearing pond.
22.30 (e) A person age 16 or under may, for purposes of display in a home aquarium,
22.31transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
22.32crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
22.33and brown bullheads taken by angling
, except as otherwise ordered by the commissioner
22.34upon documentation of an emergency fish disease in Minnesota waters, as defined in
22.35section 17.4982, subdivision 9. No more than four of each species may be transported at
22.36any one time, and any individual fish can be no longer than ten inches in total length.
The
23.1commissioner may, by written order published in the State Register, prohibit transportation
23.2of live fish under this paragraph to help prevent spread of an emergency fish disease
23.3documented to occur in Minnesota waters. The order is exempt from the rulemaking
23.4provisions of chapter 14 and section 14.386 does not apply.
23.5 Sec. 55. Minnesota Statutes 2010, section 97C.315, subdivision 1, is amended to read:
23.6 Subdivision 1.
Lines. An angler may
not use
more than one line except:
23.7(1) two lines
may be used to take fish
through the ice; and
23.8(2) the commissioner may, by rule, authorize the use of two lines in areas designated
23.9by the commissioner in Lake Superior.
23.10 Sec. 56. Minnesota Statutes 2010, section 97C.341, is amended to read:
23.1197C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
23.12(a) A person may not use live minnows imported from outside of the state, game
23.13fish, goldfish, or carp for bait.
The commissioner may, by written order published in
23.14the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
23.15their use. The order is exempt from the rulemaking provisions of chapter 14 and section
23.1614.386 does not apply.
23.17(b) A person may not import or possess live, frozen, or processed bait from known
23.18waters where viral hemorrhagic septicemia has been identified as being present
, except as
23.19provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic
23.20worms, amphibians, invertebrates, and insects used for
angling taking wild animals in
23.21waters of the state.
23.22 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
23.23be used as:
23.24 (1) fresh or frozen bait only on Lake Superior; or
23.25 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
23.26manner prescribed by rules adopted by the commissioner.
23.27EFFECTIVE DATE.This section is effective the day following final enactment.
23.28 Sec. 57. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:
23.29 Subd. 9.
Powers and duties. In addition to the powers and duties prescribed
23.30elsewhere, the board shall:
23.31(1) coordinate the water and soil resources planning
and implementation activities of
23.32counties, soil and water conservation districts, watershed districts, watershed management
24.1organizations, and any other local units of government through its various authorities for
24.2approval of local plans, administration of state grants,
contracts and easements, and by
24.3other means as may be appropriate;
24.4(2) facilitate communication and coordination among state agencies in cooperation
24.5with the Environmental Quality Board, and between state and local units of government,
24.6in order to make the expertise and resources of state agencies involved in water and soil
24.7resources management available to the local units of government to the greatest extent
24.8possible;
24.9(3) coordinate state and local interests with respect to the study in southwestern
24.10Minnesota under United States Code, title 16, section 1009;
24.11(4) develop information and education programs designed to increase awareness
24.12of local water and soil resources problems and awareness of opportunities for local
24.13government involvement in preventing or solving them;
24.14(5) provide a forum for the discussion of local issues and opportunities relating
24.15to water and soil resources management;
24.16(6) adopt an annual budget and work program that integrate the various functions
24.17and responsibilities assigned to it by law; and
24.18(7) report to the governor and the legislature by October 15 of each even-numbered
24.19year with an assessment of board programs and recommendations for any program
24.20changes and board membership changes necessary to improve state and local efforts
24.21in water and soil resources management.
24.22The board may accept grants, gifts, donations, or contributions in money, services,
24.23materials, or otherwise from the United States, a state agency, or other source to achieve
24.24an authorized
or delegated purpose. The board may enter into a contract or agreement
24.25necessary or appropriate to accomplish the transfer.
The board may conduct or participate
24.26in local, state, or federal programs or projects that have as one purpose or effect the
24.27preservation or enhancement of water and soil resources and may enter into and administer
24.28agreements with local governments or landowners or their designated agents as part
24.29of those programs or projects. The board may receive and expend money to acquire
24.30conservation easements, as defined in chapter 84C, on behalf of the state and federal
24.31government consistent with the Camp Ripley's Army Compatible Use Buffer Project.
24.32Any money received is hereby deposited in an account in a fund other than the
24.33general fund and appropriated and dedicated for the purpose for which it is granted.
24.34 Sec. 58.
[348.125] COYOTE OR BEAVER CONFLICT MANAGEMENT
24.35OPTION.
25.1A county board may, by resolution, offer a bounty for the taking of coyotes (Canis
25.2latrans) or beaver (Castor canadensis) by all legal methods. The resolution may be made
25.3applicable to the whole or any part of the county. The bounty must apply during the
25.4months specified in the resolution and be in an amount determined by the board.
25.5EFFECTIVE DATE.This section is effective the day following final enactment.
25.6 Sec. 59. Minnesota Statutes 2010, section 604A.21, is amended by adding a
25.7subdivision to read:
25.8 Subd. 7. State walk-in access program. Land enrolled in a state-sponsored walk-in
25.9access program is deemed, for the purposes of sections 604A.20 to 604A.27, to be land that
25.10an owner has made available without charge for recreational purposes, notwithstanding
25.11any payments which may be made to the owner by the state for enrollment of the land in
25.12such program.
25.13 Sec. 60.
RULEMAKING; GAME FARMS.
25.14(a) The commissioner of natural resources shall amend Minnesota Rules, parts
25.156242.0900, subpart 13, and 6242.1000, subpart 1, to allow an option for game farm
25.16licensees to use approved report and sales receipt formats.
25.17(b) The commissioner may use the good cause exemption under Minnesota Statutes,
25.18section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
25.19Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
25.20section 14.388.
25.21 Sec. 61.
RULEMAKING; SPEARING ON CASS LAKE.
25.22The commissioner of natural resources shall amend Minnesota Rules, part
25.236264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The
25.24commissioner may use the good cause exemption under Minnesota Statutes, section
25.2514.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
25.26apply except as provided under Minnesota Statutes, section 14.388. The commissioner
25.27shall not adopt restrictions on spearing northern pike on Cass Lake under Minnesota
25.28Statutes, section 97C.001 or 97C.005.
25.29 Sec. 62.
DEER HUNTING RULES.
25.30(a) The commissioner of natural resources shall not adopt a rule applicable for the
25.31Series 300 deer permit areas that:
26.1(1) imposes an antler point restriction for taking antlered deer other than that
26.2imposed under Minnesota Rules, part 6232.0200, subpart 6; or
26.3(2) prohibits party hunting for antlered deer according to Minnesota Statutes, section
26.497B.301, subdivision 3.
26.5(b) The commissioner of natural resources shall amend Minnesota Rules, part
26.66232.1300, subpart 3, item B, to allow legal bucks to be taken in season option A for a
26.7nine-day period beginning the Saturday nearest November 6. The commissioner may use
26.8the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
26.9(3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
26.10apply except as provided in Minnesota Statutes, section 14.388.
26.11 Sec. 63.
REPEALER.
26.12Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, and 4; 97A.015,
26.13subdivisions 26b, 27b, and 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3;
26.1497B.811, subdivision 4; and 97C.081, subdivision 2, are repealed."
26.15Delete the title and insert:
26.17relating to game and fish; modifying aquaculture provisions; modifying
26.18compensation and assistance provisions for crop damage by elk; modifying
26.19requirements for fish and wildlife management plans; modifying provisions for
26.20taking, possessing, and transporting wild animals; modifying license provisions;
26.21modifying authority of Board of Water and Soil Resources; limiting landowner
26.22liability for state walk-in access program; requiring rulemaking; providing
26.23criminal penalties; amending Minnesota Statutes 2010, sections 3.7371,
26.24subdivisions 1, 3; 17.4982, subdivisions 8, 12, 13, by adding a subdivision;
26.2517.4991, subdivision 3; 17.4994; 84.942, subdivision 1; 84.95, subdivision
26.262; 84D.11, subdivision 2a; 97A.015, subdivisions 24, 49, 52, 55; 97A.028,
26.27subdivision 3; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.321,
26.28subdivision 1; 97A.331, by adding a subdivision; 97A.405, subdivision
26.292; 97A.415, subdivision 2; 97A.425, subdivision 3; 97A.433, by adding a
26.30subdivision; 97A.435, subdivision 1; 97A.445, subdivision 1a; 97A.475,
26.31subdivisions 2, 3, 7; 97A.502; 97A.505, subdivision 2; 97A.545, subdivision 5;
26.3297B.022, subdivision 2; 97B.031, subdivision 5; 97B.041; 97B.055, subdivision
26.333; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.325; 97B.405; 97B.515,
26.34by adding a subdivision; 97B.667; 97B.803; 97B.811, subdivision 3; 97C.005,
26.35subdivision 3; 97C.081, subdivision 3, by adding a subdivision; 97C.087,
26.36subdivision 2; 97C.205; 97C.315, subdivision 1; 97C.341; 103B.101, subdivision
26.379; 604A.21, by adding a subdivision; proposing coding for new law in Minnesota
26.38Statutes, chapters 17; 97B; 97C; 348; repealing Minnesota Statutes 2010,
26.39sections 84.942, subdivisions 2, 3, 4; 97A.015, subdivisions 26b, 27b, 27c;
26.4097A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97B.811, subdivision
26.414; 97C.081, subdivision 2."