1.1.................... moves to amend H.F. No. 2171 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2011 Supplement, section 17.4982, subdivision 8,
1.4is amended to read:
1.5 Subd. 8.
Containment facility. "Containment facility" means a licensed facility
1.6for salmonids, catfish,
bait fish imported for export, or species on the viral hemorrhagic
1.7septicemia (VHS) susceptible list published by the United States Department of
1.8Agriculture, Animal and Plant Health Inspection Services, that complies with clauses (1),
1.9(3), and (4), or clauses (2), (3), and (4):
1.10(1) disinfects its effluent to the standards in section
17.4991 before the effluent is
1.11discharged to public waters;
1.12(2) does not discharge to public waters or to waters of the state directly connected to
1.13public waters;
1.14(3) raises aquatic life that is prohibited from being released into the wild and must be
1.15kept in a facility approved by the commissioner unless processed for food consumption;
1.16(4) contains aquatic life requiring a fish health inspection prior to transportation.
1.17 Sec. 2. Minnesota Statutes 2010, section 17.4991, as amended by Laws 2011, First
1.18Special Session chapter 2, article 5, section 8, is amended to read:
1.1917.4991 DISEASE TRANSMISSION AND INVASIVE SPECIES CONTROL.
1.20 Subdivision 1.
Facility designation. (a) The licensee may apply to the
1.21commissioner for designation of all or a portion of a facility as a standard, containment,
1.22or quarantine facility on forms prescribed by the commissioner as part of the license
1.23application or separately.
1.24(b) By 15 business days after an application is submitted, the commissioner must
1.25notify the applicant if there are any deficiencies in the application. By 30 business days
2.1after a complete application is submitted, the commissioner shall approve or deny the
2.2designation requested. A denial must include an assessment of the actual risk to wildlife
2.3populations at the particular site. A containment designation must be approved if the
2.4facility meets the disinfection requirements of subdivision 2 and complies with section
2.517.4982, subdivision 8
.
2.6 Subd. 2.
Disinfection. (a) Containment facilities must disinfect effluent prior to
2.7discharge to public waters. The effluent required to be disinfected includes water used by
2.8a containment facility in the production of the aquatic life of concern, waste or mortalities
2.9from the aquatic life of concern, and live forage or commercial feed discarded from the
2.10containment facility. Runoff from precipitation and excess water from natural springs,
2.11wells, or other sources that is not used in the production of aquatic life is not effluent to
2.12be disinfected.
2.13(b) The disinfection must minimize the potential release
of invasive species and of
2.14disease pathogens to wildlife susceptible to the pathogens based on a reasonable risk
2.15assessment. Disinfection treatment processes may include chlorination or other processes.
2.16If chlorine disinfection is utilized, a measurable residual level of 1.0 parts per million of
2.17active chlorine in the effluent must be maintained for one hour of retention time. The
2.18effluent must be sufficiently dechlorinated to prevent toxic adverse impacts to wildlife
2.19after discharge to public waters.
2.20(c) A disinfection treatment process must ensure uninterrupted effluent treatment
2.21in the event of electrical power failure, a primary system failure, or other similar events
2.22that would cause treatment interruptions.
2.23(d) The effluent disinfection process must be sited, designed, and operated in a
2.24manner that allows inspection by the commissioner at all times to determine whether
2.25adequate effluent disinfection is maintained.
2.26(e) The commissioner may prescribe reasonable documentation of daily monitoring
2.27of treatment system performance to be included in the licensee's annual report. The
2.28records must be available for daily inspection by the commissioner during normal business
2.29hours and maintained for three years.
2.30 Subd. 3.
Fish health inspection. (a) An aquatic farm propagating salmonids,
2.31catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible list published
2.32by the United States Department of Agriculture, Animal and Plant Health Inspection
2.33Services, and having an effluent discharge from the aquatic farm into public waters must
2.34have a fish health inspection conducted at least once every 12 months by a certified fish
2.35health inspector. Testing must be conducted according to laboratory methods of the Fish
3.1Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by
3.2the International Office of Epizootics (OIE).
3.3(b) An aquatic farm propagating any species on the VHS susceptible list and having
3.4an effluent discharge from the aquatic farm into public waters must test for VHS virus
3.5using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic
3.6Animal Diseases. The commissioner may, by written order published in the State Register,
3.7prescribe alternative testing time periods and methods from those prescribed in the Fish
3.8Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
3.9biosecurity measures will not be compromised. These alternatives are not subject to the
3.10rulemaking provisions of chapter 14 and section
14.386 does not apply. The commissioner
3.11must provide reasonable notice to affected parties of any changes in testing requirements.
3.12(c) Results of fish health inspections must be provided to the commissioner for all
3.13fish that remain in the state. All data used to prepare and issue a fish health certificate must
3.14be maintained for three years by the issuing fish health inspector, approved laboratory, or
3.15accredited veterinarian.
3.16(d) A health inspection fee must be charged based on each lot of fish sampled. The
3.17fee by check or money order payable to the Department of Natural Resources must be
3.18prepaid or paid at the time a bill or notice is received from the commissioner that the
3.19inspection and processing of samples is completed.
3.20(e) Upon receipt of payment and completion of inspection, the commissioner shall
3.21notify the operator and issue a fish health certificate. The certification must be made
3.22according to the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
3.23Diseases by a person certified as a fish health inspector.
3.24(f) All aquatic life in transit or held at transfer stations within the state may be
3.25inspected by the commissioner. This inspection may include the collection of stock
3.26for purposes of pathological analysis. Sample size necessary for analysis will follow
3.27guidelines listed in the Fish Health Blue Book or the Diagnostic Manual for Aquatic
3.28Animal Diseases.
3.29(g) Salmonids, catfish,
bait fish imported for export, or species on the VHS
3.30susceptible list must have a fish health inspection before being transported from a
3.31containment facility, unless the fish are being transported directly to an outlet for
3.32processing or other food purposes or unless the commissioner determines that an
3.33inspection is not needed. A fish health inspection conducted for this purpose need only be
3.34done on the lot or lots of fish that will be transported. The commissioner must conduct a
3.35fish health inspection requested for this purpose within five working days of receiving
3.36written notice. Salmonids
, bait fish imported for export, and catfish may be immediately
4.1transported from a containment facility to another containment facility once a sample has
4.2been obtained for a health inspection or once the five-day notice period has expired.
4.3 Subd. 4.
Emergency disease or invasive species determination. If
an emergency
4.4diseases exist disease or invasive species exists, the commissioner may order the aquatic
4.5life in the facility to be impounded, confiscated, sold, or destroyed and the facility
4.6disinfected. The commissioner shall make every effort to allow disposed aquatic life to be
4.7sold for market if there is no imminent danger of a significant adverse impact on natural
4.8fish populations or of escape of the pathogen
or invasive species to public waters.
4.9 Subd. 5.
Aquaculture therapeutics registration. (a) Aquaculture therapeutics
4.10must be registered and labeled in accordance with rules adopted by the commissioner of
4.11agriculture relating to drugs and feed additives.
4.12(b) The Department of Agriculture may not require registration of those aquaculture
4.13therapeutics designated as low regulatory priority by the United States Food and Drug
4.14Administration.
4.15 Sec. 3. Minnesota Statutes 2010, section 17.4993, subdivision 2, is amended to read:
4.16 Subd. 2.
Importation of live minnows. Minnows from outside the state may not be
4.17imported live
by a licensee for purposes other than processing or feeding aquatic farm
4.18fish. A transportation permit as prescribed under sections
17.4985,
17.4986, and
97C.515,
4.19subdivision 4, is required for importation, except for export purposes if imported to a
4.20containment facility as defined under section 17.4982.
4.21 Sec. 4. Minnesota Statutes 2010, section 84.027, subdivision 14, is amended to read:
4.22 Subd. 14.
Mission; efficiency. It is part of the department's mission that within the
4.23department's resources the commissioner shall endeavor to:
4.24(1) prevent the waste or unnecessary spending of public money;
4.25(2) use innovative fiscal and human resource practices to manage the state's
4.26resources and operate the department as efficiently as possible;
4.27(3) coordinate the department's activities wherever appropriate with the activities
4.28of other governmental agencies;
4.29(4) use technology where appropriate to increase agency productivity, improve
4.30customer service, increase public access to information about government, and increase
4.31public participation in the business of government;
4.32(5) utilize constructive and cooperative labor-management practices to the extent
4.33otherwise required by chapters 43A and 179A;
5.1(6) report to the legislature on the performance of agency operations and the
5.2accomplishment of agency goals in the agency's biennial budget according to section
5.316A.10, subdivision 1
;
and
5.4(7) recommend to the legislature appropriate changes in law necessary to carry out
5.5the mission and improve the performance of the department
; and
5.6(8) plan and implement activities designed to recruit new outdoor recreation
5.7participants and retain existing participants. This includes but is not limited to anglers,
5.8hunters, trappers, and campers.
5.9 Sec. 5. Minnesota Statutes 2010, section 84.027, subdivision 15, is amended to read:
5.10 Subd. 15.
Electronic transactions. (a) The commissioner may receive an
5.11application for, sell, and issue any license, stamp, permit, pass, sticker, gift card, safety
5.12training certification, registration, or transfer under the jurisdiction of the commissioner
5.13by electronic means, including by telephone. Notwithstanding section
97A.472, electronic
5.14and telephone transactions may be made outside of the state. The commissioner may:
5.15 (1) provide for the electronic transfer of funds generated by electronic transactions,
5.16including by telephone;
5.17 (2) assign an identification number to an applicant who purchases a hunting or
5.18fishing license or recreational vehicle registration by electronic means, to serve as
5.19temporary authorization to engage in the activity requiring a license or registration until
5.20the license or registration is received or expires;
5.21 (3) charge and permit agents to charge a fee of individuals who make electronic
5.22transactions and transactions by telephone or Internet, including issuing fees and an
5.23additional transaction fee not to exceed $3.50;
5.24 (4) charge and permit agents to charge a convenience fee not to exceed three percent
5.25of the cost of the license to individuals who use electronic bank cards for payment. An
5.26electronic licensing system agent charging a fee of individuals making an electronic
5.27bank card transaction in person must post a sign informing individuals of the fee. The
5.28sign must be near the point of payment, clearly visible, include the amount of the fee, and
5.29state: "License agents are allowed by state law to charge a fee not to exceed three percent
5.30of the cost of state licenses to persons who use electronic bank cards for payment. The
5.31fee is not required by state law.";
5.32 (5) establish, by written order, an electronic licensing system commission to be
5.33paid by revenues generated from all sales made through the electronic licensing system.
5.34The commissioner shall establish the commission in a manner that neither significantly
6.1overrecovers nor underrecovers costs involved in providing the electronic licensing
6.2system; and
6.3 (6) adopt rules to administer the provisions of this subdivision.
6.4 (b) The fees established under paragraph (a), clauses (3) and (4), and the commission
6.5established under paragraph (a), clause (5), are not subject to the rulemaking procedures
6.6of chapter 14 and section
14.386 does not apply.
6.7 (c) Money received from fees and commissions collected under this subdivision,
6.8including interest earned, is annually appropriated from the game and fish fund and the
6.9natural resources fund to the commissioner for the cost of electronic licensing.
6.10(d) Game and fish licenses under chapters 97A, 97B, and 97C shall be available by
6.11electronic transaction, regardless of whether all or any part of the biennial appropriation
6.12law for the department has been enacted. If, by July 1 of an odd-numbered year, legislation
6.13has not been enacted to appropriate money to the commissioner of management and
6.14budget for central accounting, procurement, payroll, and human resources functions,
6.15amounts necessary to operate those functions for the purpose of this paragraph are
6.16appropriated from the general fund to the commissioner of management and budget.
6.17As necessary, the commissioner may transfer a portion of this appropriation to other
6.18state agencies to support carrying out these functions. Any subsequent appropriation to
6.19the commissioner of management and budget for a biennium in which this section is
6.20applicable supersedes and replaces the funding authorized in this paragraph.
6.21 Sec. 6. Minnesota Statutes 2010, section 84.82, subdivision 2, is amended to read:
6.22 Subd. 2.
Application, issuance, reports, additional issuing fee. (a) Application for
6.23registration or reregistration shall be made to the commissioner or an authorized deputy
6.24registrar of motor vehicles in a format prescribed by the commissioner and shall state the
6.25legal name and address of every owner of the snowmobile.
6.26 (b) A person who purchases a snowmobile from a retail dealer shall make application
6.27for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
6.2821-day registration permit to each purchaser who applies to the dealer for registration.
6.29The temporary permit must contain the dealer's identification number and phone number.
6.30Each retail dealer shall submit completed registration and fees to the deputy registrar at
6.31least once a week. No fee may be charged by a dealer to a purchaser for providing the
6.32temporary permit.
6.33 (c) Upon receipt of the application and the appropriate fee
as hereinafter provided,
6.34the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer,
6.35an assigned registration number or a commissioner or deputy registrar temporary 21-day
7.1permit. Once issued, the registration
number decal must be affixed to the snowmobile in
7.2a clearly visible and permanent manner for enforcement purposes as the commissioner
7.3of natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the
7.4registration materials or temporary permit to the purchaser within the temporary 21-day
7.5permit period. The registration is not valid unless signed by at least one owner.
The
7.6temporary permit must indicate whether a snowmobile state trail sticker under section
7.784.8205 was purchased.
7.8 (d) Each deputy registrar of motor vehicles acting pursuant to section
168.33, shall
7.9also be a deputy registrar of snowmobiles. The commissioner of natural resources in
7.10agreement with the commissioner of public safety may prescribe the accounting and
7.11procedural requirements necessary to assure efficient handling of registrations and
7.12registration fees. Deputy registrars shall strictly comply with these accounting and
7.13procedural requirements.
7.14 (e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:
7.15 (1) each snowmobile registered by the registrar or a deputy registrar and the
7.16additional fee shall be disposed of in the manner provided in section
168.33, subdivision
7.172
; or
7.18 (2) each snowmobile registered by the commissioner and the additional fee shall
7.19be deposited in the state treasury and credited to the snowmobile trails and enforcement
7.20account in the natural resources fund.
7.21 Sec. 7. Minnesota Statutes 2010, section 84.82, subdivision 3, is amended to read:
7.22 Subd. 3.
Fees for registration. (a) The fee for registration of each snowmobile,
7.23other than those used for an agricultural purpose, as defined in section
84.92, subdivision
7.241c, or those registered by a dealer or manufacturer pursuant to paragraph (b) or (c) shall be
7.25as follows:
$45 $75 for three years and
$4 $10 for a duplicate or transfer.
7.26(b) The total registration fee for all snowmobiles owned by a dealer and operated for
7.27demonstration or testing purposes shall be $50 per year.
7.28(c) The total registration fee for all snowmobiles owned by a manufacturer and
7.29operated for research, testing, experimentation, or demonstration purposes shall be $150
7.30per year. Dealer and manufacturer registrations are not transferable.
7.31(d) The onetime fee for registration of an exempt snowmobile under subdivision
7.326a is $6.
7.33 Sec. 8. Minnesota Statutes 2010, section 84.8205, subdivision 1, is amended to read:
8.1 Subdivision 1.
Sticker required; fee. (a)
Except as provided in paragraph (b),
8.2a person A snowmobile that is not registered in the state or that is registered by a
8.3manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c), may not
8.4operate a snowmobile be operated on a state or grant-in-aid snowmobile trail unless a
8.5snowmobile state trail sticker is affixed to the snowmobile.
8.6(b) The commissioner of natural resources shall issue a sticker upon application
8.7and payment of a
$15 fee. The fee
for a three-year snowmobile state trail sticker that is
8.8purchased at the time of snowmobile registration is $30 is:
8.9(1) $35 for a one-year snowmobile state trail sticker purchased by an individual; and
8.10(2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or
8.11manufacturer.
8.12(c) In addition to other penalties prescribed by law,
a person an individual in
8.13violation of this subdivision must purchase an annual state trail sticker for a fee of
$30
8.14$70. The sticker is valid from November 1 through June 30. Fees collected under this
8.15section, except for the issuing fee for licensing agents, shall be deposited in the state
8.16treasury and credited to the snowmobile trails and enforcement account in the natural
8.17resources fund and, except for the electronic licensing system commission established by
8.18the commissioner under section
84.027, subdivision 15, must be used for grants-in-aid,
8.19trail maintenance, grooming, and easement acquisition.
8.20 (b) (d) A state trail sticker is not required under this section for:
8.21 (1)
a snowmobile owned by the state or a political subdivision of the state that is
8.22registered under section
84.82, subdivision 5;
8.23 (2) a snowmobile that is owned and used by the United States, an Indian tribal
8.24government, another state, or a political subdivision thereof that is exempt from
8.25registration under section
84.82, subdivision 6;
8.26 (3) (2) a collector snowmobile that is operated as provided in a special permit issued
8.27for the collector snowmobile under section
84.82, subdivision 7a;
8.28 (4) (3) a person operating a snowmobile only on the portion of a trail that is owned
8.29by the person or the person's spouse, child, or parent; or
8.30 (5) (4) a snowmobile while being used to groom a state or grant-in-aid trail.
8.31 (c) A temporary registration permit issued by a dealer under section
84.82,
8.32subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
8.33included with the registration application fee.
8.34 Sec. 9. Minnesota Statutes 2010, section 84.83, subdivision 2, is amended to read:
9.1 Subd. 2.
Money deposited in the account. Fees from the registration of
9.2snowmobiles
and from the issuance of snowmobile state trail stickers and the unrefunded
9.3gasoline tax attributable to snowmobile use pursuant to section
296A.18 shall be deposited
9.4in the state treasury and credited to the snowmobile trails and enforcement account.
9.5 Sec. 10. Minnesota Statutes 2010, section 84.83, subdivision 3, is amended to read:
9.6 Subd. 3.
Purposes for the account; allocation. (a) The money deposited in the
9.7account and interest earned on that money may be expended only as appropriated by
9.8law for the following purposes:
9.9(1) for a grant-in-aid program to counties and municipalities for construction and
9.10maintenance of snowmobile trails, including maintenance of trails on lands and waters of
9.11Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in
9.12St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
9.13and on the following lakes in Cook County: Devil Track and Hungry Jack;
9.14(2) for acquisition, development, and maintenance of state recreational snowmobile
9.15trails;
9.16(3) for snowmobile safety programs; and
9.17(4) for the administration and enforcement of sections
84.81 to
84.91 and
9.18appropriated grants to local law enforcement agencies.
9.19(b) No less than 60 percent of revenue collected from snowmobile registration
9.20and snowmobile state trail sticker fees must be expended for grants-in-aid to develop,
9.21maintain, and groom trails and acquire easements.
9.22 Sec. 11. Minnesota Statutes 2010, section 84.86, subdivision 1, is amended to read:
9.23 Subdivision 1.
Required rules. With a view of achieving maximum use of
9.24snowmobiles consistent with protection of the environment the commissioner of natural
9.25resources shall adopt rules in the manner provided by chapter 14, for the following
9.26purposes:
9.27(1) Registration of snowmobiles and display of registration
numbers decals.
9.28(2) Use of snowmobiles insofar as game and fish resources are affected.
9.29(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.
9.30(4) Uniform signs to be used by the state, counties, and cities, which are necessary
9.31or desirable to control, direct, or regulate the operation and use of snowmobiles.
9.32(5) Specifications relating to snowmobile mufflers.
9.33(6) A comprehensive snowmobile information and safety education and training
9.34program, including but not limited to the preparation and dissemination of snowmobile
10.1information and safety advice to the public, the training of snowmobile operators, and
10.2the issuance of snowmobile safety certificates to snowmobile operators who successfully
10.3complete the snowmobile safety education and training course. For the purpose of
10.4administering such program and to defray expenses of training and certifying snowmobile
10.5operators, the commissioner shall collect a fee from each person who receives the
10.6youth or adult training. The commissioner shall collect a fee, to include a $1 issuing
10.7fee for licensing agents, for issuing a duplicate snowmobile safety certificate. The
10.8commissioner shall establish both fees in a manner that neither significantly overrecovers
10.9nor underrecovers costs, including overhead costs, involved in providing the services.
10.10The fees are not subject to the rulemaking provisions of chapter 14 and section
14.386
10.11does not apply. The fees may be established by the commissioner notwithstanding
10.12section
16A.1283. The fees, except for the issuing fee for licensing agents under this
10.13subdivision, shall be deposited in the snowmobile trails and enforcement account in the
10.14natural resources fund and the amount thereof, except for the electronic licensing system
10.15commission established by the commissioner under section
84.027, subdivision 15, and
10.16issuing fees collected by the commissioner, is appropriated annually to the Enforcement
10.17Division of the Department of Natural Resources for the administration of such programs.
10.18In addition to the fee established by the commissioner, instructors may charge each person
10.19up to the established fee amount for class materials and expenses. The commissioner shall
10.20cooperate with private organizations and associations, private and public corporations,
10.21and local governmental units in furtherance of the program established under this clause.
10.22School districts may cooperate with the commissioner and volunteer instructors to
10.23provide space for the classroom portion of the training. The commissioner shall consult
10.24with the commissioner of public safety in regard to training program subject matter and
10.25performance testing that leads to the certification of snowmobile operators.
10.26(7) The operator of any snowmobile involved in an accident resulting in injury
10.27requiring medical attention or hospitalization to or death of any person or total damage
10.28to an extent of $500 or more, shall forward a written report of the accident to the
10.29commissioner on such form as the commissioner shall prescribe. If the operator is killed
10.30or is unable to file a report due to incapacitation, any peace officer investigating the
10.31accident shall file the accident report within ten business days.
10.32 Sec. 12. Minnesota Statutes 2010, section 84.8712, subdivision 1, is amended to read:
10.33 Subdivision 1.
Prohibition. A person may not use a snowmobile with metal traction
10.34devices on a paved public trail
, except as otherwise provided that is designated closed to
11.1such use by a local government with jurisdiction over
a the trail or
on a paved state trail or
11.2any portion of a paved state trail
that is designated
closed to such use by the commissioner.
11.3 Sec. 13. Minnesota Statutes 2010, section 86B.415, subdivision 1, is amended to read:
11.4 Subdivision 1.
Watercraft 19 feet or less. (a) Except as provided in paragraph (b)
11.5and subdivision 1a, the fee for a watercraft license for watercraft 19 feet or less in length
11.6is $27
except:.
11.7(b) The watercraft license fee:
11.8(1) for watercraft, other than personal watercraft, 19 feet in length or less that is
11.9offered for rent or lease, the fee is $9;
11.10(2) for a
canoe, kayak, sailboat,
sailboard, paddle boat, or rowing shell 19 feet in
11.11length or less, the fee is $10.50;
11.12(3) for a watercraft 19 feet in length or less used by a nonprofit corporation for
11.13teaching boat and water safety, the fee is as provided in subdivision 4;
11.14(4) for a watercraft owned by a dealer under a dealer's license, the fee is as provided
11.15in subdivision 5;
11.16(5) for a personal watercraft, the fee is $37.50; and
11.17(6) for a watercraft less than 17 feet in length, other than a watercraft listed in
11.18clauses (1) to (5), the fee is $18.
11.19EFFECTIVE DATE.This section is effective retroactively from January 1, 2012.
11.20 Sec. 14. Minnesota Statutes 2010, section 86B.415, is amended by adding a
11.21subdivision to read:
11.22 Subd. 1a. Canoes, kayaks, sailboards, paddle boards, paddle boats, or rowing
11.23shells. The fee for a watercraft license for a canoe, kayak, sailboard, paddle board, paddle
11.24boat, or rowing shell, regardless of length, is $10.50.
11.25EFFECTIVE DATE.This section is effective retroactively from January 1, 2012.
11.26 Sec. 15. Minnesota Statutes 2010, section 86B.415, subdivision 2, is amended to read:
11.27 Subd. 2.
Watercraft over 19 feet. Except as provided in subdivisions
1a, 3, 4,
11.28and 5, the watercraft license fee:
11.29(1) for a watercraft more than 19 feet but less than 26 feet in length is $45;
11.30(2) for a watercraft 26 feet but less than 40 feet in length is $67.50; and
11.31(3) for a watercraft 40 feet in length or longer is $90.
11.32EFFECTIVE DATE.This section is effective retroactively from January 1, 2012.
12.1 Sec. 16. Minnesota Statutes 2010, section 87A.01, subdivision 4, is amended to read:
12.2 Subd. 4.
Shooting range performance standards. "Shooting range performance
12.3standards" means
those rules adopted by the commissioner of natural resources under the
12.4best practices for shooting range performance standards identified in section
87A.02
12.5for the safe operation of shooting ranges.
12.6 Sec. 17. Minnesota Statutes 2010, section 87A.02, subdivision 2, is amended to read:
12.7 Subd. 2.
Interim standards Best practices. Until the commissioner of natural
12.8resources adopts the shooting range performance standards under subdivision 1, paragraph
12.9(a) For purposes of this chapter, the November 1999 revised edition of the National Rifle
12.10Association's Range Source Book: A Guide to Planning and Construction
, including
12.11any successor publications, shall serve as
the interim best practices for shooting range
12.12performance standards
, having the full effect of the shooting range performance standards
12.13for purposes of this chapter. The interim shooting range performance standards sunset
12.14and have no further effect under this chapter upon the effective date of the shooting range
12.15performance standards adopted under subdivision 1, paragraph (a).
12.16 Sec. 18. Minnesota Statutes 2010, section 97A.015, subdivision 3a, is amended to read:
12.17 Subd. 3a.
Bonus permit. "Bonus permit" means a license to take and tag deer by
12.18archery or firearms, in addition to deer authorized to be taken under regular firearms or
12.19archery licenses
, or a license issued under section 97A.441, subdivision 7.
12.20 Sec. 19. Minnesota Statutes 2010, section 97A.015, is amended by adding a
12.21subdivision to read:
12.22 Subd. 37a. Primitive firearm. "Primitive firearm" means a side hammer firearm
12.23with flintlock or caplock ignition.
12.24 Sec. 20. Minnesota Statutes 2010, section 97A.015, subdivision 37a, is amended to
12.25read:
12.26 Subd.
37a 37c.
Processing. "Processing" means rendering a species of aquatic life
12.27for food, bait, or other purposes so that it is no longer alive.
12.28 Sec. 21. Minnesota Statutes 2010, section 97A.015, is amended by adding a
12.29subdivision to read:
12.30 Subd. 37b. Primitive firearms season. "Primitive firearms season" means the deer
12.31season open only for legal primitive firearms, as prescribed by the commissioner.
13.1 Sec. 22. Minnesota Statutes 2010, section 97A.015, subdivision 41a, is amended to
13.2read:
13.3 Subd. 41a.
Regular firearms season. "Regular firearms season" means any of the
13.4firearms deer seasons prescribed by the commissioner that begin in November, exclusive
13.5of the
muzzleloader primitive firearms season.
13.6 Sec. 23. Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to read:
13.7 Subd. 53.
Unprotected wild animals. "Unprotected wild animals" means wild
13.8animals that are not protected wild animals including weasel, coyote
(brush wolf), gopher,
13.9porcupine, striped skunk, and unprotected birds.
13.10 Sec. 24. Minnesota Statutes 2010, section 97A.065, subdivision 6, is amended to read:
13.11 Subd. 6.
Deer license donations and surcharges. (a) The surcharges and donations
13.12collected under section
97A.475, subdivision 3, paragraph (b), and subdivision 3a,
13.13shall be deposited in an account in the special revenue fund and are appropriated to
13.14the commissioner for deer management, including for grants or payments to agencies,
13.15organizations, or individuals for assisting with the cost of processing deer taken for
13.16population management purposes for venison donation programs. None of the additional
13.17license fees shall be transferred to any other agency for administration of programs other
13.18than venison donation. If any money transferred by the commissioner is not used for a
13.19venison donation program, it shall be returned to the commissioner.
13.20 (b) By February 10, 2010, the commissioner shall report to the legislature on the
13.21participation in and the effectiveness of the venison donation program.
13.22 Sec. 25. Minnesota Statutes 2011 Supplement, section 97A.075, subdivision 1, is
13.23amended to read:
13.24 Subdivision 1.
Deer, bear, and lifetime licenses. (a) For purposes of this
13.25subdivision, "deer license" means a license issued under section
97A.475, subdivisions 2,
13.26clauses
(5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and (12),
13.27and licenses issued under section
97B.301, subdivision 4.
13.28 (b) $2 from each annual deer license and $2 annually from the lifetime fish and
13.29wildlife trust fund, established in section
97A.4742, for each license issued under
13.30section
97A.473, subdivision 4, shall be credited to the deer management account and
13.31is appropriated to the commissioner for deer habitat improvement or deer management
13.32programs.
14.1 (c) $1 from each annual deer license and each bear license and $1 annually from
14.2the lifetime fish and wildlife trust fund, established in section
97A.4742, for each
14.3license issued under section
97A.473, subdivision 4, shall be credited to the deer and
14.4bear management account and is appropriated to the commissioner for deer and bear
14.5management programs, including a computerized licensing system.
14.6 (d) Fifty cents from each deer license is credited to the emergency deer feeding and
14.7wild cervidae health management account and is appropriated for emergency deer feeding
14.8and wild cervidae health management. Money appropriated for emergency deer feeding
14.9and wild cervidae health management is available until expended.
The commissioner must
14.10inform the legislative chairs of the natural resources finance committees every two years
14.11on how the money for emergency deer feeding and wild cervidae health management
14.12has been spent.
14.13 When the unencumbered balance in the appropriation for emergency deer feeding
14.14and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
14.15unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
14.16management programs and computerized licensing.
14.17 Sec. 26. Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding
14.18a subdivision to read:
14.19 Subd. 7. Wolf licenses. (a) For purposes of this subdivision, "wolf license" means a
14.20license or permit issued under section 97A.475, subdivision 2, clause (16); 3, paragraph
14.21(a), clause (13); or 20, paragraph (b).
14.22(b) Revenue from wolf licenses must be credited to the wolf management and
14.23monitoring account and is appropriated to the commissioner only for wolf management,
14.24research, damage control, enforcement, and education.
14.25 Sec. 27. Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding
14.26a subdivision to read:
14.27 Subd. 8. Walk-in access account. Revenue from the walk-in access hunter
14.28validation issued under section 97A.126, subdivision 3, must be credited to the walk-in
14.29access account in the game and fish fund and is appropriated to the commissioner only for:
14.30(1) administering a walk-in access program;
14.31(2) grants and contracts for walk-in access agreements;
14.32(3) user and landowner walk-in access program participation assessment; and
14.33(4) habitat improvement on walk-in access program lands.
15.1 Sec. 28.
[97A.126] WALK-IN ACCESS PROGRAM.
15.2 Subdivision 1. Establishment. A walk-in access program is established to provide
15.3public access to wildlife habitat on private land for hunting, excluding trapping, as
15.4provided under this section. The commissioner may enter into agreements with other units
15.5of government and landowners to provide private land hunting access.
15.6 Subd. 2. Use of enrolled lands. (a) From September 1 to May 31, a person must
15.7have a walk-in access hunter validation in possession to hunt on private lands, including
15.8agricultural lands, that are posted as being enrolled in the walk-in access program.
15.9(b) Hunting on private lands that are posted as enrolled in the walk-in access
15.10program is allowed from one-half hour before sunrise to one-half hour after sunset.
15.11(c) Hunter access on private lands that are posted as enrolled in the walk-in access
15.12program is restricted to nonmotorized use, except by hunters with disabilities operating
15.13motor vehicles on established trails or field roads who possess a valid permit to shoot from
15.14a stationary vehicle under section 97B.055, subdivision 3.
15.15(d) The general provisions for use of wildlife management areas adopted under
15.16sections 86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of
15.17motorboats, firearms and target shooting, hunting stands, abandonment of trash and
15.18property, destruction or removal of property, introduction of plants or animals, and animal
15.19trespass, apply to hunters on lands enrolled in the walk-in access program.
15.20(e) Any use of enrolled lands other than hunting according to this section is
15.21prohibited, including:
15.22(1) harvesting bait, including minnows, leeches, and other live bait;
15.23(2) training dogs or using dogs for activities other than hunting; and
15.24(3) constructing or maintaining any building, dock, fence, billboard, sign, hunting
15.25blind, or other structure, unless constructed or maintained by the landowner.
15.26 Subd. 3. Walk-in access hunter validation; fee. The fee for a walk-in access
15.27hunter validation for residents 18 and older and nonresidents is $15. The fee for residents
15.28age 16 and 17 is $7.50. Residents under age 16 must obtain a free validation. The walk-in
15.29access hunter validation is valid for one license year. An additional commission may not
15.30be assessed on validations issued under this subdivision.
15.31 Subd. 4. Rulemaking. The commissioner may adopt rules to implement this section.
15.32 Sec. 29. Minnesota Statutes 2010, section 97A.137, subdivision 5, is amended to read:
15.33 Subd. 5.
Portable stands. Prior to the Saturday on or nearest September 16, a
15.34portable stand may be left overnight in a wildlife management area by a person with a
15.35valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged
16.1and registered as prescribed under section
97B.425. Any person leaving a portable stand
16.2overnight under this subdivision must affix
a tag with: (1) the person's name and address
;
16.3(2) the licensee's driver's license number; or (3) the "MDNR#" license identification
16.4number issued to the licensee. The tag must be affixed to the stand in
such a manner that
16.5it can be read from the ground.
16.6 Sec. 30. Minnesota Statutes 2010, section 97A.411, subdivision 3, is amended to read:
16.7 Subd. 3.
Deer license. (a) Except as provided in paragraphs (b) and (c), a license
16.8to take deer by archery, firearms, or
muzzleloader primitive firearms issued after the
16.9opening of the related archery, firearms, or
muzzleloader primitive firearms deer season,
16.10respectively, is not valid until the second day after it is issued.
16.11(b) The commissioner may issue a license to take additional deer under section
16.1297B.301, subdivision 4
, that is valid immediately upon issuance.
16.13(c) Paragraph (a) does not apply to deer licenses for discharged military personnel
16.14under section
97A.465, subdivision 4.
16.15 Sec. 31. Minnesota Statutes 2010, section 97A.421, subdivision 3, is amended to read:
16.16 Subd. 3.
Issuance of a big game license after conviction. (a) A person may not
16.17obtain any big game license or take big game under a lifetime license, issued under section
16.1897A.473
, for three years after the person is convicted of:
16.19(1) a gross misdemeanor violation under the game and fish laws relating to big game;
16.20(2) doing an act without a required big game license; or
16.21(3) the second violation within three years under the game and fish laws relating to
16.22big game.
16.23(b) A person may not obtain any deer license or take deer under a lifetime license
16.24issued under section 97A.473 for one year after the person is convicted of hunting deer
16.25with the aid or use of bait under section 97B.328.
16.26(c) Notwithstanding paragraphs (a) and (b), a person may not obtain any big game
16.27license or take big game under a lifetime license issued under section 97A.473 for five
16.28years after the person is convicted of any violation involving taking a deer that is a trophy
16.29deer scoring higher than 170 using the scoring method established for wildlife restitution
16.30values adopted under section 97A.345.
16.31 Sec. 32. Minnesota Statutes 2010, section 97A.441, subdivision 7, is amended to read:
16.32 Subd. 7.
Owners or tenants of agricultural land. (a) The commissioner may
16.33issue, without a fee
and without a lottery application, a license to take an antlerless deer
17.1to a resident who is an owner or tenant, or a nonresident who is an owner, of at least 80
17.2acres of agricultural land, as defined in section
97B.001, in deer permit areas that
have
17.3deer archery licenses to take additional deer under section
97B.301, subdivision 4 allow
17.4the taking of antlerless deer. A person may receive only one license per year under this
17.5subdivision. For properties with co-owners or cotenants, only one co-owner or cotenant
17.6may receive a license under this subdivision per year. The license issued under this
17.7subdivision is restricted to land leased for agricultural purposes or owned by the holder of
17.8the license within the permit area where the qualifying land is located. The holder of the
17.9license may transfer the license to the holder's spouse or dependent.
Deer taken under this
17.10subdivision do not count towards the total bag limit for the permit area. Notwithstanding
17.11sections
97A.415, subdivision 1, and
97B.301, subdivision 2, the holder of the license
17.12may purchase
an additional
license licenses or permits for taking deer and may take
an
17.13additional deer under
that license those licenses or permits, provided the holder adheres to
17.14the bag limits established for that permit area.
17.15 (b) A person who obtains a license under paragraph (a) must allow public deer
17.16hunting on their land during that deer hunting season, with the exception of the first
17.17Saturday and Sunday during the deer hunting season applicable to the license issued under
17.18section
97A.475, subdivision 2, clause (5).
17.19 Sec. 33. Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:
17.20 Subd. 3.
Residents under age 16; small game. (a) A resident under age 16 must
17.21obtain a small game license in order to take small game by firearms or bow and arrow
17.22without paying the applicable fees under section
97A.475, subdivisions 2, 4, and 5, if
17.23the resident is:
17.24 (1) age 14 or 15 and possesses a firearms safety certificate;
17.25 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
17.26guardian;
17.27 (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
17.28by a parent or guardian who possesses a small game license that was not obtained using an
17.29apprentice hunter validation; or
17.30 (4) age 12 or under and is accompanied by a parent or guardian.
17.31 (b) A resident under age 16 may take small game
, other than wolves, by trapping
17.32without a small game license, but a resident 13 years of age or older must have a trapping
17.33license. A resident under age 13 may trap
small game, other than wolves, without a
17.34trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
18.1resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
18.2under age five must be included in the limit of the accompanying parent or guardian.
18.3 (c) A resident under age 12 may apply for a turkey license and may take a turkey
18.4without a firearms safety certificate if the resident is accompanied by an adult parent or
18.5guardian who has a firearms safety certificate.
18.6 (d) A resident under age 12 may apply for a prairie chicken license and may take a
18.7prairie chicken without a firearms safety certificate if the resident is accompanied by an
18.8adult parent or guardian who has a firearms safety certificate.
18.9 Sec. 34. Minnesota Statutes 2010, section 97A.451, subdivision 4, is amended to read:
18.10 Subd. 4.
Persons Residents under age 16; big game. (a) A
person resident age
18.1112, 13, 14, or 15 may not obtain a license to take big game unless the person possesses
18.12a firearms safety certificate. A
person resident age 12 or 13 must be accompanied by a
18.13parent or guardian to hunt big game.
18.14 (b) A
person resident age 10 or 11 may take big game provided the person is under
18.15the direct supervision of a parent or guardian where the parent or guardian is within
18.16immediate reach.
Until March 1, 2009, a person age 10 or 11 may take big game under a
18.17parent or guardian's license. Beginning March 1, 2009, A
person resident age 10 or 11
18.18must obtain a license
in order to take big game and may obtain the license without paying
18.19the fee required under section
97A.475, subdivision 2.
18.20 Sec. 35. Minnesota Statutes 2010, section 97A.451, is amended by adding a
18.21subdivision to read:
18.22 Subd. 4a. Nonresidents under age 16; big game. (a) A nonresident age 12,
18.2313, 14, or 15 may not obtain a license to take big game unless the person possesses a
18.24firearms safety certificate. A nonresident age 12 or 13 must be accompanied by a parent or
18.25guardian to hunt big game.
18.26(b) A nonresident age 10 or 11 may take big game provided the person is under the
18.27direct supervision of a parent or guardian where the parent or guardian is within immediate
18.28reach. A nonresident age 10 or 11 must obtain a license to take big game and must pay the
18.29fee required under section 97A.475, subdivision 3.
18.30 Sec. 36. Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:
18.31 Subd. 3.
Lifetime small game hunting license; fee. (a) A resident lifetime small
18.32game hunting license authorizes a person to hunt and trap small game
, other than wolves,
18.33in the state. The license authorizes those hunting and trapping activities authorized by the
19.1annual resident small game hunting
and trapping licenses license and the trapping license
19.2for fur-bearing animals other than wolves. The license does not include a turkey stamp
19.3validation or any other hunting stamps required by law.
19.4 (b) The fees for a resident lifetime small game hunting license are:
19.5 (1) age 3 and under, $217;
19.6 (2) age 4 to age 15, $290;
19.7 (3) age 16 to age 50, $363; and
19.8 (4) age 51 and over, $213.
19.9 Sec. 37. Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:
19.10 Subd. 5.
Lifetime sporting license; fee. (a) A resident lifetime sporting license
19.11authorizes a person to take fish by angling and hunt and trap small game
, other than
19.12wolves, in the state. The license authorizes those activities authorized by the annual
19.13resident angling
, and resident small game hunting
, licenses and
the resident trapping
19.14licenses license for fur-bearing animals other than wolves. The license does not include a
19.15trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation,
19.16or any other hunting stamps required by law.
19.17 (b) The fees for a resident lifetime sporting license are:
19.18 (1) age 3 and under, $357;
19.19 (2) age 4 to age 15, $480;
19.20 (3) age 16 to age 50, $613; and
19.21 (4) age 51 and over, $413.
19.22 Sec. 38. Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:
19.23 Subd. 5a.
Lifetime sporting with spearing option license; fee. (a) A resident
19.24lifetime sporting with spearing option license authorizes a person to take fish by angling
19.25or spearing and hunt and trap small game
, other than wolves, in the state. The license
19.26authorizes those activities authorized by the annual resident angling, spearing,
and resident
19.27small game hunting
, and resident trapping licenses
and the resident trapping license for
19.28fur-bearing animals other than wolves. The license does not include a trout and salmon
19.29stamp validation, a turkey stamp validation, a walleye stamp validation, or any other
19.30hunting stamps required by law.
19.31(b) The fees for a resident lifetime sporting with spearing option license are:
19.32(1) age 3 and under, $615;
19.33(2) age 4 to age 15, $800;
19.34(3) age 16 to age 50, $985; and
20.1(4) age 51 and over, $586.
20.2 Sec. 39. Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:
20.3 Subd. 2.
Resident hunting. Fees for the following licenses, to be issued to residents
20.4only, are:
20.5 (1) for persons age 18 or over and under age 65 to take small game, $12.50;
20.6 (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
20.7 (3) for persons age 18 or over to take turkey, $23;
20.8 (4) for persons under age 18 to take turkey, $12;
20.9 (5) for persons age 18 or over to take deer with firearms during the regular firearms
20.10season, $26;
20.11 (6) for persons age 18 or over to take deer by archery, $26;
20.12 (7) for persons age 18 or over to take deer by
muzzleloader primitive firearms during
20.13the
muzzleloader primitive firearms season, $26;
20.14 (8) to take moose, for a party of not more than six persons, $310;
20.15 (9) to take bear, $38;
20.16 (10) to take elk, for a party of not more than two persons, $250;
20.17 (11) to take Canada geese during a special season, $4;
20.18 (12) to take prairie chickens, $20;
20.19 (13) for persons under age 18 to take deer with firearms during the regular firearms
20.20season, $13;
20.21 (14) for persons under age 18 to take deer by archery, $13;
and
20.22 (15) for persons under age 18 to take deer by
muzzleloader primitive firearms during
20.23the
muzzleloader primitive firearms season, $13
; and
20.24(16) to take wolf, $26.
20.25 Sec. 40. Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:
20.26 Subd. 3.
Nonresident hunting. (a) Fees for the following licenses, to be issued
20.27to nonresidents, are:
20.28 (1) for persons age 18 or over to take small game, $73;
20.29 (2) for persons age 18 or over to take deer with firearms during the regular firearms
20.30season, $135;
20.31 (3) for persons age 18 or over to take deer by archery, $135;
20.32 (4) for persons age 18 or over to take deer by
muzzleloader primitive firearms during
20.33the
muzzleloader primitive firearms season, $135;
20.34 (5) to take bear, $195;
21.1 (6) for persons age 18 and older to take turkey, $78;
21.2 (7) for persons under age 18 to take turkey, $12;
21.3 (8) to take raccoon or bobcat, $155;
21.4 (9) to take Canada geese during a special season, $4;
21.5 (10) for persons under age 18 to take deer with firearms during the regular firearms
21.6season in any open season option or time period, $13;
21.7 (11) for persons under age 18 to take deer by archery, $13;
and
21.8 (12) for persons under age 18 to take deer
with primitive firearms during the
21.9muzzleloader primitive firearms season, $13
; and
21.10(13) to take wolf, $250.
21.11 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
21.12paragraph (a), clauses (1) to (8). An additional commission may not be assessed on this
21.13surcharge.
21.14 Sec. 41. Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:
21.15 Subd. 20.
Trapping license licenses. (a) The fee for a license to trap fur-bearing
21.16animals
, other than wolves, is:
21.17(1) for residents over age 13 and under age 18, $6;
21.18(2) for residents age 18 or over and under age 65, $20;
21.19(3) for residents age 65 or over, $10; and
21.20(4) for nonresidents, $73.
21.21(b) The fee for a license to trap wolves is $26, to be issued to residents only.
21.22 Sec. 42. Minnesota Statutes 2010, section 97A.482, is amended to read:
21.2397A.482 LICENSE APPLICATIONS; COLLECTION OF SOCIAL
21.24SECURITY NUMBERS.
21.25(a) All applicants for individual noncommercial game and fish licenses under this
21.26chapter and chapters 97B and 97C must include the applicant's Social Security number
21.27on the license application. If an applicant does not have a Social Security number, the
21.28applicant must certify that the applicant does not have a Social Security number.
21.29(b) The Social Security numbers collected by the commissioner on game and fish
21.30license applications are private data under section
13.355, subdivision 1, and must be
21.31provided by the commissioner to the commissioner of human services for child support
21.32enforcement purposes. Title IV-D of the Social Security Act, United States Code, title 42,
21.33section 666(a)(13), requires the collection of Social Security numbers on game and fish
21.34license applications for child support enforcement purposes.
22.1(c) The commissioners of human services and natural resources shall request a
22.2waiver from the secretary of health and human services to exclude any applicant under the
22.3age of 16 from the requirement under this section and under cross-country ski licensing
22.4sections to provide the applicant's Social Security number. If a waiver is granted, this
22.5section will be so amended effective January 1, 2006, or upon the effective date of the
22.6waiver, whichever is later.
22.7 Sec. 43. Minnesota Statutes 2010, section 97B.001, subdivision 7, is amended to read:
22.8 Subd. 7.
Taking with firearms in certain areas. (a) A person may not take a wild
22.9animal with a firearm within 500 feet of a building occupied by a human or livestock
22.10without the written permission of the owner, occupant, or lessee:
22.11(1) on another person's private land
, if the land is not a licensed shooting preserve; or
22.12(2) on a public right-of-way.
22.13(b) A person may not take a wild animal with a firearm without the permission of the
22.14owner, occupant, or lessee, within 500 feet of a stockade or corral containing livestock.
22.15(c) A person may not take a wild animal on any land where the person is prohibited
22.16from entering by this section.
22.17 Sec. 44. Minnesota Statutes 2010, section 97B.031, subdivision 1, is amended to read:
22.18 Subdivision 1.
Firearms and ammunition that may be used to take big game
22.19and wolves. A person may take big game
and wolves with a firearm only if:
22.20 (1) the rifle, shotgun, and handgun used is a caliber of at least .22 inches and with
22.21centerfire ignition;
22.22 (2) the firearm is loaded only with single projectile ammunition;
22.23 (3) a projectile used is a caliber of at least .22 inches and has a soft point or is
22.24an expanding bullet type;
22.25 (4) the muzzleloader used is incapable of being loaded at the breech;
22.26 (5) the smooth-bore muzzleloader used is a caliber of at least .45 inches; and
22.27 (6) the rifled muzzleloader used is a caliber of at least .40 inches.
22.28 Sec. 45. Minnesota Statutes 2010, section 97B.031, subdivision 2, is amended to read:
22.29 Subd. 2.
Handguns for small game. A person may take small game with a handgun
22.30of any caliber in a manner prescribed by the commissioner
, except that wolves may only
22.31be taken by hunting with the calibers specified in subdivision 1.
23.1 Sec. 46. Minnesota Statutes 2011 Supplement, section 97B.031, subdivision 5, is
23.2amended to read:
23.3 Subd. 5.
Scopes; visually impaired hunters. (a) Notwithstanding any other
23.4law to the contrary, the commissioner may issue a special permit, without a fee, to use
23.5a
muzzleloader primitive firearm with a scope to take deer during the
muzzleloader
23.6primitive firearms season to a person who obtains the required licenses and who has a
23.7visual impairment. The scope may not have magnification capabilities.
23.8(b) The visual impairment must be to the extent that the applicant is unable
23.9to identify targets and the rifle sights at the same time without a scope. The visual
23.10impairment and specific conditions must be established by medical evidence verified in
23.11writing by (1) a licensed physician or a certified nurse practitioner or certified physician
23.12assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist;
23.13or (3) a licensed optometrist. The commissioner may request additional information from
23.14the physician if needed to verify the applicant's eligibility for the permit.
23.15(c) A permit issued under this subdivision may be valid for up to five years, based
23.16on the permanence of the visual impairment as determined by the licensed physician,
23.17ophthalmologist, or optometrist.
23.18(d) The permit must be in the immediate possession of the permittee when hunting
23.19under the special permit.
23.20(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
23.21this subdivision for cause, including a violation of the game and fish laws or rules.
23.22(f) A person who knowingly makes a false application or assists another in making
23.23a false application for a permit under this subdivision is guilty of a misdemeanor. A
23.24physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
23.25optometrist who fraudulently certifies to the commissioner that a person is visually
23.26impaired as described in this subdivision is guilty of a misdemeanor.
23.27 Sec. 47. Minnesota Statutes 2010, section 97B.035, subdivision 1a, is amended to read:
23.28 Subd. 1a.
Minimum draw weight. A bow used to take big game
or, turkey
, or
23.29wolves must have a pull that meets or exceeds 30 pounds at or before full draw.
23.30 Sec. 48. Minnesota Statutes 2011 Supplement, section 97B.041, is amended to read:
23.3197B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
23.32IN DEER ZONES.
24.1 (a) A person may not possess a firearm or ammunition outdoors during the period
24.2beginning the fifth day before the open firearms season and ending the second day after
24.3the close of the season within an area where deer may be taken by a firearm, except:
24.4 (1) during the open season and in an area where big game may be taken, a firearm
24.5and ammunition authorized for taking big game in that area may be used to take big game
24.6in that area if the person has a valid big game license in possession;
24.7 (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
24.8 (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
24.9or steel shot;
24.10 (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
24.11including .22 magnum caliber cartridges;
24.12 (5) handguns possessed by a person authorized to carry a handgun under sections
24.13624.714
and
624.715 for the purpose authorized; and
24.14 (6) on a target range operated under a permit from the commissioner.
24.15 (b) This section does not apply during an open firearms season in an area where
24.16deer may be taken only by
muzzleloader primitive firearms, except that
muzzleloading
24.17primitive firearms lawful for the taking of deer may be possessed only by persons with
24.18a valid license to take deer by
muzzleloader primitive firearms during the
muzzleloader
24.19primitive firearms season. While
muzzleloader primitive firearms hunting, a person
24.20with a valid license to take deer by
muzzleloader primitive firearms may not possess a
24.21firearm other than:
24.22(1) a
muzzleloader that is legal for taking deer under section
97B.031, subdivision
24.231 primitive firearm; and
24.24(2) a firearm as described in paragraph (a), clauses (2) to (5).
24.25 Sec. 49. Minnesota Statutes 2010, section 97B.055, subdivision 1, is amended to read:
24.26 Subdivision 1.
Restrictions related to highways. (a) A person may not discharge a
24.27firearm
or an arrow from a bow containing No. 4 buckshot or larger diameter shot or single
24.28projectile ammunition on, over,
or across
, or within the right-of-way of an improved public
24.29highway at a
big game wild animal. A person may not discharge
a firearm or an arrow
24.30from a bow and arrow
on, over, across, or within the right-of-way of an improved public
24.31highway at a
big game wild animal. The commissioner may by rule extend the application
24.32of this subdivision to the taking of migratory waterfowl in designated locations.
24.33(b) A person may not discharge a firearm or an arrow from a bow on, over, across, or
24.34within the right-of-way of an improved public highway at a decoy of a big game animal
24.35that has been set out by a licensed peace officer.
25.1 Sec. 50. Minnesota Statutes 2010, section 97B.071, is amended to read:
25.297B.071 BLAZE ORANGE REQUIREMENTS.
25.3 (a) Except as provided in rules adopted under paragraph (c), a person may not hunt
25.4or trap during the open season where deer may be taken by firearms under applicable laws
25.5and ordinances, unless the visible portion of the person's cap and outer clothing above the
25.6waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage
25.7pattern of at least 50 percent blaze orange within each foot square. This section does not
25.8apply to migratory waterfowl hunters on waters of this state or in a stationary shooting
25.9location or to trappers on waters of this state.
25.10 (b) Except as provided in rules adopted under paragraph (c), and in addition to
25.11the requirement in paragraph (a), a person may not take small game other than turkey,
25.12migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
25.13at least one article of the person's clothing above the waist is blaze orange. This paragraph
25.14does not apply to a person
when in a stationary location while hunting deer by archery
25.15or when hunting
small game by falconry.
25.16 (c) The commissioner may, by rule, prescribe an alternative color in cases where
25.17paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
25.18Law 103-141.
25.19 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
25.20by a safety warning.
25.21 Sec. 51. Minnesota Statutes 2011 Supplement, section 97B.075, is amended to read:
25.2297B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
25.23 (a) A person may not take protected wild animals, except raccoon and fox, with
25.24a firearm between the evening and morning times established by commissioner's rule,
25.25except as provided in this section.
25.26 (b) Big game
and wolves may be taken from one-half hour before sunrise until
25.27one-half hour after sunset.
25.28 (c) Except as otherwise prescribed by the commissioner on or before the Saturday
25.29nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
25.30during the entire season prescribed by the commissioner.
25.31 Sec. 52. Minnesota Statutes 2010, section 97B.085, subdivision 3, is amended to read:
25.32 Subd. 3.
Communication excepted. This section does not prohibit the use of:
25.33 (1)
one-way radio communication between a handler and a dog;
or
26.1 (2) a remote-controlled animal noise caller for taking crows, fur-bearing animals,
26.2and unprotected animals
; or
26.3(3) a remote-controlled motorized decoy used for taking migratory waterfowl under
26.4section 97B.811, subdivision 4a.
26.5 Sec. 53.
[97B.1115] USE OF MECHANICAL OR ELECTRONIC ASSISTANCE
26.6TO HOLD AND DISCHARGE FIREARMS OR BOWS BY PHYSICALLY
26.7DISABLED.
26.8Notwithstanding sections 97B.035, subdivision 1, 97B.321, and 97B.701,
26.9subdivision 2, the commissioner may authorize a physically disabled hunter who has a
26.10verified statement of the disability from a licensed physician or a certified nurse practitioner
26.11or certified physician assistant acting under the direction of a licensed physician to use
26.12a swivel or otherwise mounted gun or bow or any electronic or mechanical device to
26.13discharge a firearm or bow as long as the participant is physically present at the site.
26.14 Sec. 54. Minnesota Statutes 2010, section 97B.301, subdivision 1, is amended to read:
26.15 Subdivision 1.
Licenses required. A person may not take deer without a license.
26.16A person must have a firearms deer license to take deer with firearms during the regular
26.17firearms season, a
muzzleloader primitive firearms license to take deer with a
muzzleloader
26.18primitive firearm during the
muzzleloader primitive firearms season, and an archery deer
26.19license to take deer by archery except as provided in this section.
26.20 Sec. 55. Minnesota Statutes 2010, section 97B.301, subdivision 2, is amended to read:
26.21 Subd. 2.
Limit of one deer. A person may obtain one regular firearms season
26.22deer license, one
muzzleloader primitive firearms season deer license, and one archery
26.23season deer license in the same license year, but may not tag more than one deer except as
26.24provided in subdivisions 3 and 4.
26.25 Sec. 56. Minnesota Statutes 2010, section 97B.301, subdivision 4, is amended to read:
26.26 Subd. 4.
Taking more than one deer. The commissioner may, by rule, allow
26.27a person to take more than one deer. The commissioner shall prescribe the conditions
26.28for taking the additional deer including:
26.29 (1) taking by firearm,
muzzleloader primitive firearm, or archery;
26.30 (2) obtaining additional licenses;
26.31 (3) payment of a fee not more than the fee for a firearms deer license; and
26.32 (4) the total number of deer that an individual may take.
27.1 Sec. 57. Minnesota Statutes 2010, section 97B.311, is amended to read:
27.297B.311 DEER SEASONS AND RESTRICTIONS.
27.3 (a) The commissioner may, by rule, prescribe restrictions and designate areas where
27.4deer may be taken, including hunter selection criteria for special hunts established under
27.5section
97A.401, subdivision 4. The commissioner may, by rule, prescribe the open
27.6seasons for deer within the following periods:
27.7 (1) taking with firearms
, other than muzzle-loading firearms, between November 1
27.8and December 15;
27.9 (2) taking with
muzzle-loading primitive firearms between September 1 and
27.10December 31; and
27.11 (3) taking by archery between September 1 and December 31.
27.12 (b) Notwithstanding paragraph (a), the commissioner may establish special seasons
27.13within designated areas at any time of year.
27.14 Sec. 58. Minnesota Statutes 2010, section 97B.318, subdivision 1, is amended to read:
27.15 Subdivision 1.
Shotgun use area. During the regular firearms season in the shotgun
27.16use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading
27.17long guns,
primitive firearm long guns, and legal handguns may be used for taking deer.
27.18Legal shotguns include those with rifled barrels. The shotgun use area is that portion of the
27.19state lying within the following described boundary: Beginning on the west boundary of
27.20the state at the northern boundary of Clay County; thence along the northern boundary of
27.21Clay County to State Trunk Highway (STH) 32; thence along STH 32 to STH 34; thence
27.22along STH 34 to Interstate Highway 94 (I-94); thence along I-94 to County State-Aid
27.23Highway (CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas
27.24County; thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to
27.25CSAH 6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence
27.26along CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence
27.27along CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22 to
27.28U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27 to the
27.29Mississippi River; thence along the east bank of the Mississippi River to STH 23; thence
27.30along STH 23 to STH 95; thence along STH 95 to U.S. Highway 8; thence along U.S.
27.31Highway 8 to the eastern boundary of the state; thence along the east, south, and west
27.32boundaries of the state to the point of beginning.
27.33 Sec. 59. Minnesota Statutes 2010, section 97B.328, is amended to read:
27.3497B.328 BAITING PROHIBITED.
28.1 Subdivision 1.
Hunting with aid of bait or feed prohibited. A person may not
28.2hunt take deer
:
28.3 (1) with the aid or use of bait
or feed; or.
28.4 (2) in the vicinity of bait or feed if the person knows or has reason to know that bait
28.5or feed is present.
28.6 Subd. 2.
Removal of bait. An area is considered baited for ten days after the
28.7complete removal of all bait
or feed.
28.8 Subd. 3.
Definition. (a) For purposes of this section, "bait
or feed" includes grains,
28.9fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer
28.10and that has been placed by a person.
"Baiting" means placing, exposing, depositing,
28.11distributing, or scattering bait that is capable of attracting or enticing deer.
28.12(b) Liquid scents, salt, and minerals are not bait
or feed if they do not contain liquid
28.13or solid food ingredients.
28.14Food that has not been placed by a person and resulting (c) Agricultural crops
28.15from normal or accepted farming, forest management, wildlife food plantings, orchard
28.16management, or other similar land management activities
is are not bait
or feed.
28.17This exclusion does not apply to agricultural crops that have been re-introduced and
28.18concentrated where a person is hunting.
28.19 Subd. 4.
Exception for bait or feed on adjacent land. A person otherwise in
28.20compliance with this section who is hunting on private or public property that is adjacent
28.21to property where bait or
feed food is present is not in violation of this section if the
28.22person has not participated in, been involved with, or agreed to baiting or feeding wildlife
28.23on the adjacent property.
28.24 Sec. 60. Minnesota Statutes 2010, section 97B.601, subdivision 3a, is amended to read:
28.25 Subd. 3a.
Nonresidents; trapping small game. A nonresident may take small
28.26game
, except wolves, by trapping only on land owned by the nonresident, if the
28.27nonresident possesses a trapping license
for fur-bearing animals other than wolves and a
28.28small game license.
28.29 Sec. 61. Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:
28.30 Subd. 4.
Exception to license requirements. (a) A resident under age 16 may take
28.31small game
, other than wolves, without a small game license, and a resident under age
28.3213 may trap
small game and fur-bearing animals, other than wolves, without a trapping
28.33license, as provided in section
97A.451, subdivision 3.
29.1(b) A person may take small game
, other than wolves, without a small game license
29.2on land occupied by the person as a principal residence.
29.3(c) An owner or occupant may take certain small game causing damage without a
29.4small game or trapping license as provided in section
97B.655.
29.5(d) A person may use dogs to pursue and tree raccoons under section
97B.621,
29.6subdivision 2
, during the closed season without a license.
29.7(e) A person may take a
wolf, turkey
, or
a prairie chicken without a small game
29.8license.
29.9 Sec. 62. Minnesota Statutes 2010, section 97B.603, is amended to read:
29.1097B.603 TAKING SMALL GAME AS A PARTY.
29.11(a) While two or more persons are taking small game as a party and maintaining
29.12unaided visual and vocal contact, a member of the party may take and possess more than
29.13one limit of small game, but the total number of small game taken and possessed by
29.14the party may not exceed the limit of the number of persons in the party that may take
29.15and possess small game.
29.16(b) This section does not apply to
the hunting
of wolves, migratory game birds
, or
29.17turkeys, except that a licensed turkey hunter may assist another licensed turkey hunter
and
29.18a licensed wolf hunter may assist another licensed wolf hunter for the same zone and time
29.19period as long as the hunter does not shoot or tag a turkey
or wolf for the other hunter.
29.20 Sec. 63. Minnesota Statutes 2010, section 97B.605, is amended to read:
29.2197B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
29.22SMALL GAME ANIMALS.
29.23The commissioner may prescribe restrictions on and designate areas where gray and
29.24fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray
29.25fox, fisher, pine marten, opossum,
wolves, and badger may be taken and possessed.
29.26 Sec. 64. Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is
29.27amended to read:
29.28 Subd. 9.
Open season. There shall be no open season for
gray wolves until after the
29.29gray wolf is delisted under the federal Endangered Species Act of 1973. After that time,
29.30the commissioner may prescribe open seasons and restrictions for taking
gray wolves but
29.31must provide opportunity for public comment.
29.32 Sec. 65.
[97B.647] TAKING WOLVES.
30.1 Subdivision 1. License required. Except as provided under section 97B.645 or
30.297B.671, a person may not take a wolf without a wolf hunting or wolf trapping license.
30.3 Subd. 2. Open seasons. Wolves may be taken with legal firearms, with bow and
30.4arrow, and by trapping. The open season to take wolves with firearms begins each year on
30.5the same day as the opening of the firearms deer hunting season. The commissioner may
30.6by rule prescribe the open seasons for wolves according to this subdivision.
30.7 Subd. 3. Open areas. The commissioner may by rule designate areas where wolves
30.8may be taken.
30.9 Subd. 4. Bag limit. The commissioner may establish by rule the bag limit for
30.10wolves.
30.11 Subd. 5. Limit on number of hunters and trappers. The commissioner may by
30.12rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary
30.13to prevent an overharvest or improve the distribution of hunters and trappers. The
30.14commissioner shall establish a method, including a drawing, to impartially select the
30.15hunters and trappers for an area.
30.16 Subd. 6. Application for license. An application for a wolf hunting or wolf trapping
30.17license must be made in a manner provided by the commissioner and accompanied by
30.18a $4 application fee. The $4 application fee is appropriated to the commissioner to pay
30.19for costs associated with conducting the wolf license drawing and wolf management. A
30.20person may not make more than one application for each season as prescribed by the
30.21commissioner. If a person makes more than one application, the person is ineligible for a
30.22license for that season after determination by the commissioner, without a hearing.
30.23 Subd. 7. Quotas. The commissioner may by rule set an annual quota for the number
30.24of wolves that can be taken by hunting and trapping. The commissioner may establish a
30.25method to monitor harvest and close the season when the quota is reached.
30.26 Sec. 66. Minnesota Statutes 2011 Supplement, section 97B.667, is amended to read:
30.2797B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
30.28ROAD AUTHORITIES.
30.29When a drainage watercourse is impaired by a beaver dam and the water damages
30.30or threatens to damage a public road, the road authority, as defined in section
160.02,
30.31subdivision 25
, may remove the impairment and any associated beaver lodge within 300
30.32feet of the road. Notwithstanding any law to the contrary, the road authority may
remove,
30.33 kill
, or arrange to have
removed or killed by any lawful means a beaver associated with
30.34the lodge.
Before killing or arranging to kill a beaver under this section, the road authority
30.35must contact a conservation officer for a special beaver permit. The conservation officer
31.1must issue the permit for any beaver subject to this section. A road authority that kills
31.2or arranges to have killed a beaver under this section must notify a conservation officer
31.3or
the officer's designee as specified in the permit employee of the Wildlife Division
31.4within ten days after the animal is killed. A road authority may, after consultation with
31.5the Wildlife Division
and the Board of Water and Soil Resources, implement a local
31.6beaver control program designed to reduce the number of incidents of beaver interfering
31.7with or damaging a public road. The local control program may include the offering of
31.8a bounty for the lawful taking of beaver.
31.9 Sec. 67. Minnesota Statutes 2010, section 97B.671, subdivision 3, is amended to read:
31.10 Subd. 3.
Predator control payments. The commissioner shall pay a predator
31.11controller the amount the commissioner
prescribes determines by written order published
31.12in the State Register for each
predator coyote and fox taken.
The commissioner shall pay
31.13at least $25 but not more than $60 for each coyote taken. The commissioner may require
31.14the predator controller to submit proof of the taking and a signed statement concerning
31.15the predators taken.
The fees are not subject to the rulemaking provisions of chapter 14,
31.16and section 14.386 does not apply.
31.17 Sec. 68. Minnesota Statutes 2010, section 97B.671, subdivision 4, is amended to read:
31.18 Subd. 4.
Gray Wolf control. (a) The commissioner shall provide a
gray wolf control
31.19training program for certified predator controllers participating in
gray wolf control.
31.20(b) After the
gray wolf is delisted under the federal Endangered Species Act of
31.211973, in zone B, as defined under section
97B.645, subdivision 12, if the commissioner,
31.22after considering recommendations from an extension agent or conservation officer, has
31.23verified that livestock, domestic animals, or pets were destroyed by a
gray wolf within the
31.24previous five years, and if the livestock, domestic animal, or pet owner requests
gray wolf
31.25control, the commissioner shall open a predator control area for
gray wolves.
31.26(c) After the
gray wolf is delisted under the federal Endangered Species Act of
31.271973, in zone A, as defined under paragraph (g), if the commissioner, after considering
31.28recommendations from an extension agent or conservation officer, verifies that livestock,
31.29domestic animals, or pets were destroyed by a
gray wolf, and if the livestock, domestic
31.30animal, or pet owner requests
gray wolf control, the commissioner shall open a predator
31.31control area for
gray wolves for up to 60 days.
31.32(d) A predator control area opened for
gray wolves may not exceed a one-mile
31.33radius surrounding the damage site.
32.1(e) The commissioner shall pay a certified
gray wolf predator controller
$150 the
32.2amount the commissioner determines by written order published in the State Register for
32.3each wolf taken. The certified
gray wolf predator controller must dispose of unsalvageable
32.4remains as directed by the commissioner. All salvageable
gray wolf remains must be
32.5surrendered to the commissioner.
The fees are not subject to the rulemaking provisions of
32.6chapter 14, and section 14.386 does not apply.
32.7(f) The commissioner may, in consultation with the commissioner of agriculture,
32.8develop a cooperative agreement for
gray wolf control activities with the United States
32.9Department of Agriculture. The cooperative agreement activities may include, but not be
32.10limited to,
gray wolf control, training for state predator controllers, and control monitoring
32.11and record keeping.
32.12(g) For the purposes of this subdivision, "zone A" means that portion of the state
32.13lying outside of zone B, as defined under section
97B.645, subdivision 12.
32.14 Sec. 69. Minnesota Statutes 2010, section 97B.711, subdivision 1, is amended to read:
32.15 Subdivision 1.
Seasons for certain upland game birds. (a) The commissioner
32.16may, by rule, prescribe an open season in designated areas between September 16 and
32.17January 3 for:
32.18 (1) pheasant;
32.19 (2) ruffed grouse;
32.20 (3) sharp tailed grouse;
32.21 (4) Canada spruce grouse;
32.22 (5) prairie chicken;
32.23 (6) gray partridge;
32.24 (7) bobwhite quail; and
32.25 (8) turkey.
32.26 (b) The commissioner may by rule prescribe an open season for turkey in the spring.
32.27 (c) The commissioner shall allow a four-week fall season for turkey in the area
32.28designated as turkey permit area 601 as of the 2008 season. All applicable local and state
32.29regulations apply.
32.30 Sec. 70. Minnesota Statutes 2010, section 97B.805, subdivision 1, is amended to read:
32.31 Subdivision 1.
Hunter must be concealed. (a) A person may not take migratory
32.32waterfowl, coots, or rails in open water unless the person is:
32.33(1) within a natural growth of vegetation sufficient to partially conceal the person or
32.34boat;
33.1(2) on a river or stream that is not more than 100 yards in width;
or
33.2(3) pursuing or shooting wounded birds
; or
33.3(4) in areas specifically designated for such taking by the commissioner by rule.
33.4(b) A person may not take migratory waterfowl, coots, or rails in public waters from
33.5a permanent artificial blind or sink box.
33.6 Sec. 71. Minnesota Statutes 2010, section 97B.901, is amended to read:
33.797B.901 REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.
33.8(a) The commissioner may, by rule, require persons taking, possessing, and
33.9transporting fur-bearing animals to tag the animals. The commissioner shall prescribe
33.10the manner of issuance and the type of tag, which must show the year of issuance. The
33.11commissioner shall issue the tag, without a fee, upon request.
33.12(b) The pelt of each bobcat, fisher, pine marten,
and otter
, and wolf must be
33.13presented, by the person taking it, to a state wildlife manager designee for registration
33.14before the pelt is sold and before the pelt is transported out of the state, but in no event
33.15more than 48 hours after the season closes for the species.
33.16(c) The whole carcass of each wolf, with the pelt removed, must be presented by the
33.17person taking it to a state wildlife manager designee for registration before the pelt is sold
33.18and before the pelt is transported out of the state, but in no event more than 48 hours after
33.19the season closes. The commissioner may require that the entire carcass or samples from
33.20the carcass be surrendered to the state wildlife manager designee.
33.21 Sec. 72. Minnesota Statutes 2010, section 97C.395, subdivision 1, is amended to read:
33.22 Subdivision 1.
Dates for certain species. (a) The open seasons to take fish by
33.23angling are as follows:
33.24 (1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and
33.25smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend
33.26to the last Sunday in February;
33.27 (2) for lake trout, from January 1 to October 31;
33.28 (3) for the winter season for lake trout
, brown trout, brook trout, rainbow trout, and
33.29splake on all lakes located outside or partially within the Boundary Waters Canoe Area,
33.30from January 15 to March 31;
33.31 (4) for the winter season for lake trout
, brown trout, brook trout, rainbow trout,
33.32and splake on all lakes located entirely within the Boundary Waters Canoe Area, from
33.33January 1 to March 31;
34.1(5) for brown trout, brook trout, rainbow trout, and splake, between January 1 to
34.2October 31 as prescribed by the commissioner by rule except as provided in section
34.397C.415, subdivision 2
;
and
34.4 (6) for the winter season for brown trout, brook trout, rainbow trout, and splake on
34.5all lakes, from January 15 to March 31; and
34.6 (7) (6) for salmon, as prescribed by the commissioner by rule.
34.7 (b) The commissioner shall close the season in areas of the state where fish are
34.8spawning and closing the season will protect the resource.
34.9 Sec. 73. Minnesota Statutes 2010, section 97C.515, subdivision 1, is amended to read:
34.10 Subdivision 1.
General prohibition. A person may not bring live minnows into the
34.11state except as provided in this section
and section 17.4993.
34.12 Sec. 74. Minnesota Statutes 2010, section 97C.515, subdivision 2, is amended to read:
34.13 Subd. 2.
Permit for transportation. (a) A person may transport
live minnows
34.14through the state with a permit from the commissioner. The permit must state the name
34.15and address of the person, the number and species of minnows, the point of entry into the
34.16state, the destination, and the route through the state. The permit is not valid for more
34.17than 12 hours after it is issued.
34.18(b) The commissioner may require the person transporting minnow species found
34.19on the official list of viral hemorrhagic septicemia susceptible species published by the
34.20United States Department of Agriculture, Animal and Plant Health Inspection Services, to
34.21provide health certification for viral hemorrhagic septicemia
or other certifiable diseases.
34.22For certifiable diseases not currently documented in Minnesota,. The certification
must
34.23disclose any incidentally isolated replicating viruses and must be dated within the 12
34.24months preceding transport.
34.25 Sec. 75. Minnesota Statutes 2010, section 97C.515, subdivision 4, is amended to read:
34.26 Subd. 4.
Private fish hatchery or aquatic farm. (a) A person with a private fish
34.27hatchery or aquatic farm license may transport minnows with a transportation permit from
34.28contiguous states to the private fish hatchery or aquatic farm, provided the minnows are
34.29used for processing or feeding hatchery fish.
34.30(b) The commissioner may require inspection of minnows and disease certification
34.31for species on the official list of viral hemorrhagic septicemia susceptible species
34.32published by the United States Department of Agriculture, Animal and Plant Health
34.33Inspection Services, that are being transported from outside the state.
35.1(c) The commissioner may approve the import of minnows into areas or waters
35.2where certifiable diseases have been identified as being present.
35.3 Live minnows used for feeding fish at a licensed private fish hatchery or aquatic
35.4farm must be obtained within the state. Dead minnows may be imported for feeding
35.5hatchery or aquatic farm fish according to section 97C.341, paragraph (d).
35.6 Sec. 76.
RULEMAKING; RESTITUTION VALUE FOR WOLVES.
35.7(a) The commissioner of natural resources shall amend the restitution value for
35.8gray wolves in Minnesota Rules, part 6133.0075, to be $500 and shall change the term
35.9"gray wolves" to "wolves."
35.10(b) The commissioner may use the good cause exemption under Minnesota Statutes,
35.11section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
35.12Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
35.13section 14.388.
35.14 Sec. 77.
RULEMAKING; TAKING TROUT AND SPLAKE.
35.15The commissioner of natural resources shall amend Minnesota Rules, part
35.166262.0200, to conform with section 72. The commissioner may use the good cause
35.17exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt
35.18rules under this section, and Minnesota Statutes, section 14.386, does not apply, except as
35.19provided under Minnesota Statutes, section 14.388.
35.20 Sec. 78.
RULEMAKING; USE OF SNARES.
35.21(a) The commissioner of natural resources shall add a definition of a wolf snare to
35.22Minnesota Rules, part 6234.0900, to read: "'Wolf snare' means any snare set that:
35.23A. has a maximum loop diameter greater than ten inches, but less than or equal
35.24to 18 inches;
35.25B. has a cable diameter of at least 7/64 inches;
35.26C. includes stops affixed to the cable to ensure that the portion of the snare that
35.27makes up the noose loop may not be less than three inches in diameter when fully closed;
35.28D. includes a breakaway device that would cause the snare loop to break when
35.29pulled by a moose; and
35.30E. includes a diverter wire that extends 27 inches in both directions, measured
35.31perpendicular to and from the top of the snare loop. The diverter wires must be positioned
35.32at an angle no more than 20 degrees from the horizontal plane of the top of the snare, and
35.33the snare must be set within 20 yards of bait."
36.1(b) The commissioner of natural resources shall amend Minnesota Rules, part
36.26234.2300, to include a subpart to read: "Wolves may be taken with snares or wolf snares
36.3as defined in part 6234.0900."
36.4(c) The commissioner of natural resources shall amend Minnesota Rules, part
36.56234.2400, subpart 7, to read: "A snare may not be set so that the top of the loop is more
36.6than 20 inches above the first surface beneath the bottom of the set snare loop. During
36.7the wolf season, licensed wolf trappers may use wolf snares but a wolf snare may not be
36.8set so that the bottom of the loop is more than 18 inches above the first surface beneath
36.9the bottom of the set snare loop."
36.10(d) The commissioner of natural resources shall amend Minnesota Rules, part
36.116234.2400, subpart 5, to read: "Snares, including wolf snares, may not be set in deer,
36.12elk, or moose trails."
36.13(e) The commissioner of natural resources shall amend Minnesota Rules, part
36.146234.2400, to include a subpart to read: "Licensed wolf trappers shall set wolf snares for
36.15wolves no closer than 500 feet to another wolf snare set by the same licensed wolf trapper."
36.16(f) The commissioner may use the good cause exemption under Minnesota Statutes,
36.17section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
36.18Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
36.19section 14.388.
36.20 Sec. 79.
CONFORMING RULEMAKING; PRIMITIVE FIREARMS.
36.21The commissioner of natural resources shall amend Minnesota Rules to conform
36.22with sections 19 to 22, 30, 39, 40, 46, 48, 54 to 58, and 83. The commissioner may use the
36.23good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3),
36.24to amend rules under this section, and Minnesota Statutes, section 14.386, does not apply,
36.25except as provided in Minnesota Statutes, section 14.388.
36.26 Sec. 80.
TRANSITION; SNOWMOBILE REGISTRATION.
36.27An individual who, on the effective date of sections 6 to 11, possesses an unexpired
36.28snowmobile registration that was issued before the effective date of sections 6 to 11 and
36.29who was required to display a valid snowmobile state trail sticker before the effective
36.30date of sections 6 to 11 must continue to display a valid snowmobile state trail sticker
36.31according to Minnesota Statutes 2010, section 84.8205, until such time as the snowmobile
36.32registration is renewed under the terms of sections 6 to 11.
36.33 Sec. 81.
CONFORMING RULEMAKING; SNOWMOBILE REGISTRATION.
37.1The commissioner of natural resources may use the good cause exemption under
37.2Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
37.3chapter 6100, to conform to sections 6 to 11. Minnesota Statutes, section 14.386, does
37.4not apply to rulemaking under this section, except as provided in Minnesota Statutes,
37.5section 14.388.
37.6 Sec. 82.
REVISOR'S INSTRUCTION.
37.7(a) The revisor of statutes shall change the term "gray wolf" or "gray wolves"
37.8wherever the term appears in Minnesota Statutes and Minnesota Rules to "wolf" or
37.9"wolves."
37.10(b) The revisor of statutes shall change the range reference "parts 6234.0900 to
37.116234.2300" to "parts 6234.0900 to 6234.2400" in Minnesota Rules, part 6234.0900.
37.12 Sec. 83.
REPEALER.
37.13Minnesota Statutes 2010, sections 17.035; 87A.02, subdivision 1; 97A.015,
37.14subdivision 32a; 97A.045, subdivisions 8 and 13; 97A.065, subdivision 1; 97A.095,
37.15subdivision 3; 97A.331, subdivision 7; 97A.485, subdivision 12; 97A.552; 97B.303;
37.1697B.645, subdivision 2; 97C.031; and 97C.515, subdivision 5, are repealed."
37.17Delete the title and insert:
37.19relating to natural resources; modifying aquaculture provisions; modifying game
37.20and fish license provisions; providing for taking wolf; modifying requirements
37.21to take and transport wild animals; modifying department authority and duties;
37.22creating walk-in access program; modifying predator control program; modifying
37.23deer baiting restrictions; modifying authority to remove beavers; providing
37.24for disposition of certain receipts; eliminating venison donation program;
37.25providing for primitive firearms season; modifying snowmobile registration
37.26and trail sticker requirements; modifying snowmobile operation provisions;
37.27modifying watercraft license fees; modifying shooting range provisions;
37.28requiring rulemaking; providing civil penalties; appropriating money;amending
37.29Minnesota Statutes 2010, sections 17.4991, as amended; 17.4993, subdivision 2;
37.3084.027, subdivisions 14, 15; 84.82, subdivisions 2, 3; 84.8205, subdivision 1;
37.3184.83, subdivisions 2, 3; 84.86, subdivision 1; 84.8712, subdivision 1; 86B.415,
37.32subdivisions 1, 2, by adding a subdivision; 87A.01, subdivision 4; 87A.02,
37.33subdivision 2; 97A.015, subdivisions 3a, 37a, 41a, 53, by adding subdivisions;
37.3497A.065, subdivision 6; 97A.137, subdivision 5; 97A.411, subdivision 3;
37.3597A.421, subdivision 3; 97A.441, subdivision 7; 97A.451, subdivisions 3, 4, by
37.36adding a subdivision; 97A.473, subdivisions 3, 5, 5a; 97A.475, subdivisions 2,
37.373, 20; 97A.482; 97B.001, subdivision 7; 97B.031, subdivisions 1, 2; 97B.035,
37.38subdivision 1a; 97B.055, subdivision 1; 97B.071; 97B.085, subdivision 3;
37.3997B.301, subdivisions 1, 2, 4; 97B.311; 97B.318, subdivision 1; 97B.328;
37.4097B.601, subdivisions 3a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4;
37.4197B.711, subdivision 1; 97B.805, subdivision 1; 97B.901; 97C.395, subdivision
37.421; 97C.515, subdivisions 1, 2, 4; Minnesota Statutes 2011 Supplement, sections
37.4317.4982, subdivision 8; 97A.075, subdivision 1, by adding subdivisions;
37.4497B.031, subdivision 5; 97B.041; 97B.075; 97B.645, subdivision 9; 97B.667;
38.1proposing coding for new law in Minnesota Statutes, chapters 97A; 97B;
38.2repealing Minnesota Statutes 2010, sections 17.035; 87A.02, subdivision 1;
38.397A.015, subdivision 32a; 97A.045, subdivisions 8, 13; 97A.065, subdivision
38.41; 97A.095, subdivision 3; 97A.331, subdivision 7; 97A.485, subdivision 12;
38.597A.552; 97B.303; 97B.645, subdivision 2; 97C.031; 97C.515, subdivision 5."