1.1.................... moves to amend H.F. No. 742 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:
1.4 Subd. 13.
Game and fish rules. (a) The commissioner of natural resources may
1.5adopt rules under sections
97A.0451 to
97A.0459 and this subdivision that are authorized
1.6under:
1.7(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
1.8areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
1.9prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
1.10disease, to open or close bodies of water or portions of bodies of water for night bow
1.11fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
1.12(2) sections
84.093,
84.15, and
84.152 to set seasons for harvesting wild ginseng
1.13roots and wild rice and to restrict or prohibit harvesting in designated areas; and
1.14(3) section
84D.12 to designate prohibited invasive species, regulated invasive
1.15species, unregulated nonnative species, and infested waters.
1.16(b) If conditions exist that do not allow the commissioner to comply with sections
1.1797A.0451
to
97A.0459,
including the need to adjust season variables on an annual basis
1.18based upon current biological and harvest data, the commissioner may adopt a rule under
1.19this subdivision by submitting the rule to the attorney general for review under section
1.2097A.0455
, publishing a notice in the State Register and filing the rule with the secretary
1.21of state and the Legislative Coordinating Commission, and complying with section
1.2297A.0459
, and including a statement of the
emergency conditions and a copy of the rule
1.23in the notice. The
emergency conditions for opening a water body or portion of a water
1.24body for night bow fishing under this section may include the need to temporarily open
1.25the area to evaluate compatibility of the activity on that body of water prior to permanent
1.26rulemaking. The notice may be published after it is received from the attorney general or
1.27five business days after it is submitted to the attorney general, whichever is earlier.
2.1(c) Rules adopted under paragraph (b) are effective upon publishing in the State
2.2Register and may be effective up to seven days before publishing and filing under
2.3paragraph (b), if:
2.4(1) the commissioner of natural resources determines that an emergency exists;
2.5(2) the attorney general approves the rule; and
2.6(3) for a rule that affects more than three counties the commissioner publishes the
2.7rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
2.8rule that affects three or fewer counties the commissioner publishes the rule once in a legal
2.9newspaper in each of the affected counties.
2.10(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
2.11(3), may not be effective earlier than seven days after publication.
2.12(e) A rule published under paragraph (c), clause (3), may be effective the day the
2.13rule is published if the commissioner gives notice and holds a public hearing on the rule
2.14within 15 days before publication.
2.15(f) The commissioner shall attempt to notify persons or groups of persons affected
2.16by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
2.17other appropriate means as determined by the commissioner.
2.18(g) Notwithstanding section
97A.0458, a rule adopted under this subdivision is
2.19effective for the period stated in the notice but not longer than 18 months after the rule is
2.20adopted.
2.21 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.22to read:
2.23 Subd. 19. Federal law compliance. Notwithstanding any law to the contrary,
2.24the commissioner may establish, by written order, policies for the use and operation of
2.25other power-driven mobility devices, as defined under Code of Federal Regulations, title
2.2628, section 35.104, on lands and in facilities administered by the commissioner for the
2.27purposes of implementing the Americans with Disabilities Act, United States Code, title
2.2842, section 12101 et seq. These policies are exempt from the rulemaking provisions of
2.29chapter 14 and section 14.386 does not apply.
2.30 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.31to read:
2.32 Subd. 20. Hunting licenses to critically ill persons. The commissioner may allow
2.33critically ill persons to purchase, once in a lifetime, hunting licenses otherwise limited by a
2.34lottery drawing, which licenses allow for taking game within established hunting seasons
3.1or season frameworks. The commissioner may provide the licenses to persons who are
3.2participating in a program for critically ill hunters sponsored by a nonprofit organization
3.3with expertise in providing hunting opportunities to hunters who are gravely ill or have
3.4physical disabilities. The commissioner may provide licenses or permits otherwise limited
3.5by drawings, including wild turkey, deer, bear, prairie chicken, and wolf. The commissioner
3.6may not allow the purchase of moose and elk licenses under this subdivision. Deer licenses
3.7authorized by the commissioner under this subdivision may be for deer of either sex.
3.8 Sec. 4. Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision
3.9to read:
3.10 Subd. 15a. Rice boat. "Rice boat" means a nonmotorized watercraft being used
3.11for harvesting wild rice.
3.12 Sec. 5. Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:
3.13 Subd. 18.
Watercraft. "Watercraft" means any contrivance used or designed for
3.14navigation on water, except:
3.15(1) a
duck waterfowl boat during the
duck waterfowl hunting
season seasons;
3.16(2) a rice boat during the harvest season; or
3.17(3) a seaplane.
3.18 Sec. 6. Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision
3.19to read:
3.20 Subd. 18a. Waterfowl boat. "Waterfowl boat" means a watercraft being used
3.21while hunting waterfowl.
3.22 Sec. 7. Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:
3.23 Subd. 2.
Exemptions. A watercraft license is not required for:
3.24(1) a watercraft that is covered by a license or number in full force and effect under
3.25federal law or a federally approved licensing or numbering system of another state, and
3.26has not been within this state for more than 90 consecutive days, which does not include
3.27days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
3.28port or another port in the state;
3.29(2) a watercraft from a country other than the United States that has not been within
3.30this state for more than 90 consecutive days, which does not include days that a watercraft is
3.31laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
4.1(3) a watercraft owned by the United States, an Indian tribal government, a state, or
4.2a political subdivision of a state, except watercraft used for recreational purposes;
4.3(4) a ship's lifeboat;
4.4(5) a watercraft that has been issued a valid marine document by the United States
4.5government;
4.6(6) a
duck waterfowl boat during
duck waterfowl hunting season;
4.7(7) a rice boat during the harvest season;
4.8(8) a seaplane; and
4.9(9) a nonmotorized watercraft ten feet in length or less.
4.10 Sec. 8. Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:
4.11 Subdivision 1.
Personal flotation or lifesaving devices. (a) Watercraft and
duck
4.12 waterfowl boats using the waters of this state must be equipped with the number and type
4.13of personal flotation or lifesaving devices prescribed by the commissioner.
4.14(b) The commissioner may not:
4.15(1) require sailboards to be equipped with personal flotation or lifesaving devices; or
4.16(2) require persons on sailboards to wear personal flotation or lifesaving devices
4.17or have them readily available.
4.18 Sec. 9. Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:
4.19 Subd. 2.
Exempt watercraft. A watercraft is not required to have a certificate of
4.20title if the watercraft is:
4.21(1) owned by a manufacturer or dealer and held for sale;
4.22(2) used by a manufacturer solely for testing;
4.23(3) from a jurisdiction other than this state, temporarily using the waters of this state;
4.24(4) owned by the United States, a state, this state, or a political subdivision;
4.25(5) a
duck waterfowl boat used only during
duck waterfowl hunting season;
4.26(6) a rice boat used only during the wild rice harvesting season;
4.27(7) owned by a person, firm, or corporation operating a resort as defined in section
4.28157.15
or a recreational camping area as defined in section
327.14, subdivision 8, except
4.29with respect to a previously titled watercraft; or
4.30(8) watercraft manufactured prior to August 1, 1979.
4.31 Sec. 10. Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:
4.32 Subd. 3.
Cooperative farming agreements. On any public hunting, game refuge,
4.33wildlife management area,
aquatic management area, or scientific and natural area lands,
5.1the commissioner may enter into written cooperative farming agreements on a sharecrop
5.2basis, without competitive bidding, for the purpose of wildlife and plant management.
5.3Cooperative farming agreements may also be used to allow pasturing of livestock. The
5.4agreements may provide for the bartering of a share of any crop, produced from these
5.5lands, for services or products that will enhance or benefit the management of state lands
5.6for plant and animal species. Cooperative farming agreements pursuant to this section shall
5.7not be considered leases for tax purposes under section
272.01, subdivision 2, or
273.19.
5.8 Sec. 11. Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:
5.9 Subdivision 1.
Seizure. (a) An enforcement officer shall immediately seize the
5.10license of a person who unlawfully takes, transports, or possesses wild animals when the
5.11restitution value of the wild animals exceeds $500. Except as provided in subdivisions
5.122, 4, and 5, the person may not
use or obtain any license to take the same type of wild
5.13animals involved, including a duplicate license, until an action is taken under subdivision
5.146.
If the license seized under this paragraph was for a big game animal, the license seizure
5.15applies to all licenses to take big game issued to the individual. If the license seized under
5.16this paragraph was for small game animals, the license seizure applies to all licenses to
5.17take small game issued to the individual.
5.18(b) In addition to the license seizure under paragraph (a), if the restitution value of
5.19the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other
5.20game and fish licenses held by the person shall be immediately seized. Except as provided
5.21in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
5.22including a duplicate license, until an action is taken under subdivision 6.
5.23(c) A person may not take wild animals covered by a license seized under this
5.24subdivision until an action is taken under subdivision 6.
5.25 Sec. 12. Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:
5.26 Subd. 6.
Taking deer; disabled veterans. A person authorized to issue licenses
5.27must issue, without a fee, a license to take deer with firearms or by archery to a resident
5.28that is a veteran, as defined in section
197.447, and that has a 100 percent service
5.29connected disability as defined by the United States Veterans Administration upon being
5.30furnished satisfactory evidence.
The commissioner, upon request, must issue a permanent
5.31card documenting satisfactory evidence of 100 percent permanently disabled status. The
5.32card will serve as satisfactory evidence to obtain a license under this subdivision at all
5.33agent locations.
6.1 Sec. 13. Minnesota Statutes 2012, section 97A.441, subdivision 6a, is amended to read:
6.2 Subd. 6a.
Taking small game; disabled veterans. A person authorized to issue
6.3licenses must issue, without a fee, a license to take small game to a resident who is a veteran,
6.4as defined in section
197.447, and who has a 100 percent service connected disability as
6.5defined by the United States Veterans Administration upon being furnished satisfactory
6.6evidence.
The commissioner, upon request, must issue a permanent card documenting
6.7satisfactory evidence of 100 percent permanently disabled status. The card will serve as
6.8satisfactory evidence to obtain a license under this subdivision at all agent locations.
6.9 Sec. 14. Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:
6.10 Subdivision 1.
Angling; Take a Kid Fishing Weekends. (a) A resident age 16
6.11years or older may take fish by angling without an angling
or license and may take fish by
6.12spearing from a dark house without a spearing license and without a fish house
or dark
6.13house license during one three-day consecutive period of the open water angling season
6.14and one three-day consecutive period of the ice angling season designated by
rule of
6.15 the commissioner if
the resident is accompanied by a child who is under age 16.
The
6.16commissioner may, by written order published in the State Register, establish the three-day
6.17consecutive periods. The written order is not subject to the rulemaking provisions of
6.18chapter 14 and section 14.386 does not apply.
6.19 (b) The commissioner
shall may designate and publicize the three-day periods as
6.20"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
6.21Fishing Weekend" for the ice angling season.
The commissioner shall announce the date
6.22of each three-day weekend at least 30 days in advance of the date it occurs.
6.23 Sec. 15. Minnesota Statutes 2012, section 97A.451, is amended by adding a
6.24subdivision to read:
6.25 Subd. 2a. Residents age 16 or 17; spearing. Residents age 16 or over and under
6.26age 18 may take fish by spearing without a spearing license and must also possess a fishing
6.27license under section 97A.475, subdivision 6, clause (7).
6.28 Sec. 16. Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:
6.29 Subd. 3.
Residents and nonresidents under age 16; small game. (a) A resident
or
6.30nonresident under age 16 may not obtain a small game license but may take small game
6.31by firearms or bow and arrow without a license if the resident
or nonresident is:
6.32 (1) age 14 or 15 and possesses a firearms safety certificate;
7.1 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
7.2guardian;
7.3 (3) age 13, 14, or 15,
and possesses an apprentice hunter validation
, and is
7.4accompanied by a parent or guardian who possesses a small game license that was not
7.5obtained using an apprentice hunter validation as provided under section 97B.022; or
7.6 (4) age 12 or under and is accompanied by a parent or guardian.
7.7 (b) A resident under age 16 may take small game, other than wolves, by trapping
7.8without a small game license, but a resident 13 years of age or older must have a trapping
7.9license. A resident under age 13 may trap small game, other than wolves, without a
7.10trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
7.11resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
7.12under age five must be included in the limit of the accompanying parent or guardian.
7.13 (c) A resident
or nonresident under age 13 must obtain a free turkey license to
7.14take turkey and may take a turkey without a firearms safety certificate if the resident
or
7.15nonresident is accompanied by an adult parent or guardian who has a firearms safety
7.16certificate.
7.17 (d) A resident under age 13 may apply for a prairie chicken license and may take a
7.18prairie chicken without a firearms safety certificate if the resident is accompanied by an
7.19adult parent or guardian who has a firearms safety certificate.
7.20 Sec. 17. Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:
7.21 Subd. 3b.
Nonresidents age 16 or over and under age 18; small game. (a) A
7.22nonresident age 16 or over and under age 18 may take small game by firearms or archery
7.23and may obtain a small game license at the youth fee under section
97A.475, subdivision
7.243
, paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate
or an
7.25apprentice hunter validation as provided under section 97B.022.
7.26(b) A nonresident under age 16 may take small game by firearms or archery and may
7.27obtain a small game license without paying the applicable fees under section
97A.475,
7.28subdivisions 3, 4, and 5, if the nonresident is:
7.29(1) age 14 or 15 and possesses a firearms safety certificate;
7.30(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
7.31or guardian; or
7.32(3) age 12 or under and is accompanied by a parent or guardian.
7.33 Sec. 18. Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:
8.1 Subd. 4.
Residents and nonresidents under age 13 16; big game. (a) A resident
8.2or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
8.3the person possesses a firearms safety certificate or an apprentice hunter validation as
8.4provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
8.5parent or guardian to hunt big game.
8.6 (b) A resident
or nonresident age ten or
over and under age 13 11 must obtain a
8.7license under paragraph (c) and may take big game, provided the person is under the direct
8.8supervision of a parent or guardian where the parent or guardian is within immediate reach.
8.9 (c) A resident
or nonresident age ten
or over and under age 13, 11, or 12 must obtain
8.10a license to take big game
and may obtain the license without paying the fee required
8.11 under section
97A.475, subdivision 2 or 3.
8.12 Sec. 19. Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:
8.13 Subd. 5.
Nonresident youth; angling. (a) A nonresident under age 16 may:
8.14(1) take fish by angling without a license if a parent or guardian has a fishing license.
8.15Fish taken by a nonresident under age 16 without a license must be included in the limit
8.16of the parent or guardian;
8.17(2) purchase a youth fishing license under section
97A.475, subdivision 7, paragraph
8.18(a), clause (8), and possess a limit of fish; or
8.19(3) be included under a nonresident family angling license and possess a limit of fish.
8.20(b) A nonresident age 16 or over and under age 18 must purchase a youth license to
8.21angle under section
97A.475, subdivision 7, paragraph (a), clause (8).
8.22(c) Nonresidents age 16 or over and under age 18 may take fish by spearing without
8.23a spearing license and must also possess a fishing license under section 97A.475,
8.24subdivision 7, clause (8).
8.25(d) Nonresidents under age 16 may take fish by spearing without a spearing or
8.26angling license.
8.27(e) Limits for fish taken by spearing must comply with one of the options listed
8.28under subdivision 5, paragraph (a).
8.29 Sec. 20. Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:
8.30 Subd. 2.
Resident hunting. Fees for the following licenses, to be issued to residents
8.31only, are:
8.32 (1) for persons age 18 or over and under age 65 to take small game, $15.50;
8.33 (2) for persons age 65 or over, $7 to take small game;
8.34 (3) for persons age 18 or over to take turkey, $26;
9.1 (4) for persons age 13 or over and under age 18 to take turkey, $5;
9.2 (5) for persons age 18 or over to take deer with firearms during the regular firearms
9.3season, $30;
9.4 (6) for persons age 18 or over to take deer by archery, $30;
9.5 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
9.6season, $30;
9.7 (8) to take moose, for a party of not more than six persons, $356;
9.8 (9) to take bear, $44;
9.9 (10) to take elk, for a party of not more than two persons, $287;
9.10 (11) to take Canada geese during a special season, $4;
9.11 (12) to take prairie chickens, $23;
9.12 (13) for persons age 13 or over and under age 18 to take deer with firearms during
9.13the regular firearms season, $5;
9.14 (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
9.15 (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
9.16during the muzzleloader season, $5;
9.17(16) for persons age 18 or over to take small game for a consecutive 72-hour period
9.18selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
9.19migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
9.20waterfowl habitat improvement account under section
97A.075, subdivision 2; one-half
9.21of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
9.22the pheasant habitat improvement account under section
97A.075, subdivision 4; and
9.23one-half of the small game surcharge under subdivision 4, shall be deposited in the
9.24wildlife acquisition account;
9.25(17) for persons age 16 or over and under age 18 to take small game, $5;
and
9.26(18) to take wolf, $30
.;
9.27(19) for persons age 12 and under to take turkey, no fee;
9.28(20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
9.29(21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
9.30(22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
9.31muzzleloader season, no fee.
9.32 Sec. 21. Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:
9.33 Subd. 8.
Minnesota sporting; super sports. (a) The commissioner shall issue
9.34Minnesota sporting licenses to residents only. The licensee may take fish by angling
9.35and small game. The fee for the license is:
10.1(1) for an individual, $31.50; and
10.2(2) for a combined license for a married couple to take fish and for one spouse to
10.3take small game, $45.50.
10.4(b) The commissioner shall issue Minnesota super sports licenses to residents only.
10.5The licensee may take fish by angling, including trout; small game, including pheasant
10.6and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super
10.7sports license, including all required stamp validations is:
10.8(1) for an individual age 18 or over,
$92.50 $86.50; and
10.9(2) for a combined license for a married couple to take fish, including the trout and
10.10salmon stamp validation, and for one spouse to take small game, including pheasant
10.11and waterfowl, and deer,
$118.50 $110.50.
10.12(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
10.13according to section
97A.075, subdivisions 2, 3, and 4.
10.14(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
10.15according to section
97A.075, subdivision 1.
10.16 Sec. 22. Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:
10.17 Subd. 6.
Licenses to be sold and issuing fees. (a) Persons authorized to sell
10.18licenses under this section must issue the following licenses for the license fee and the
10.19following issuing fees:
10.20 (1) to take deer or bear with firearms and by archery, the issuing fee is $1;
10.21 (2) Minnesota sporting, the issuing fee is $1;
10.22 (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
10.23animals, the issuing fee is $1;
10.24(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
10.25requires a license purchase at the time of application and the license purchase requires
10.26an application fee;
10.27(5) for a prairie chicken license, the issuing fee is $1;
10.28(6) for a turkey license, the issuing fee is $1;
10.29(7) for an elk license, the issuing fee is $1;
10.30(8) for a moose license, the issuing fee is $1;
10.31(9) for a wolf license, the issuing fee is $1;
10.32 (4) (10) for a stamp validation that is not issued simultaneously with a license, an
10.33issuing fee of 50 cents may be charged at the discretion of the authorized seller;
10.34 (5) (11) for stamp validations issued simultaneously with a license, there is no fee;
11.1 (6) (12) for licenses, seals, tags, or coupons issued without a fee under section
11.297A.441
or
97A.465,
an the issuing fee
of 50 cents may be charged at the discretion of
11.3the authorized seller is $1;
11.4 (7) (13) for lifetime licenses, there is no fee; and
11.5 (8) (14) for all other licenses, permits, renewals, or applications or any other
11.6transaction through the electronic licensing system under this chapter or any other chapter
11.7when an issuing fee is not specified, an issuing fee of
50 cents $1 may be charged at the
11.8discretion of the authorized seller.
11.9 (b) Only one issuing fee may be collected when selling more than one stamp in the
11.10same transaction after the end of the season for which the stamp was issued.
11.11 (c) The agent shall keep the issuing fee as a commission for selling the licenses.
11.12 (d) The commissioner shall collect the issuing fee on licenses sold by the
11.13commissioner.
11.14 (e) A license, except stamps, must state the amount of the issuing fee and that the
11.15issuing fee is kept by the seller as a commission for selling the licenses.
11.16 (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
11.17 (1) for licenses to take big game, 75 cents; and
11.18 (2) for other licenses, 50 cents.
11.19 (g) The commissioner may issue one-day angling licenses in books of ten licenses
11.20each to fishing guides operating charter boats upon receipt of payment of all license
11.21fees, excluding the issuing fee required under this section. Copies of sold and unsold
11.22licenses shall be returned to the commissioner. The commissioner shall refund the charter
11.23boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
11.24maintained by the commissioner for one year.
11.25 Sec. 23. Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:
11.26 Subd. 3.
Remaining on land prohibited after notice. Except as provided in
11.27subdivision 6, a person may not remain on
or return to any land for outdoor recreation
11.28purposes after being
orally told personally notified not to do so by the owner, occupant,
11.29or lessee.
11.30 Sec. 24. Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:
11.31 Subd. 4.
Entering posted land prohibited; signs. (a) Except as provided in
11.32subdivision 6, a person may not
:
11.33(1) enter, for outdoor recreation purposes, any land that is posted under this
11.34subdivision without first obtaining permission of the owner, occupant, or lessee
.; or
12.1(2) knowingly enter, for outdoor recreation purposes, any land that is posted under
12.2this subdivision without first obtaining permission of the owner, occupant, or lessee.
12.3A person who violates clause (2) is subject to the penalty provided in section
12.497A.315, subdivision 1, paragraph (b).
12.5(b) The owner, occupant, or lessee of private land, or an authorized manager of public
12.6land may prohibit outdoor recreation on the land by posting signs once each year that:
12.7(1) state "no trespassing" or similar terms;
12.8(2) display letters at least two inches high;
12.9(3) either:
12.10(i) are signed by the owner, occupant, lessee, or authorized manager; or
12.11(ii) include the legible name and telephone number of the owner, occupant, lessee,
12.12or authorized manager; and
12.13(4) either:
12.14(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded
12.15area where boundary lines are not clear, at intervals of 500 feet or less; or
12.16(ii) mark the primary corners of each parcel of land and access roads and trails at
12.17the point of entrance to each parcel of land except that corners only accessible through
12.18agricultural land need not be posted.
12.19(c) A person may not erect a sign that prohibits outdoor recreation or trespassing
12.20where the person does not have a property right, title, or interest to use the land.
12.21 Sec. 25. Minnesota Statutes 2012, section 97B.0215, is amended to read:
12.2297B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
12.23A parent or
legal guardian of a minor may not knowingly direct, allow, or permit
12.24the minor to hunt without the required license, permit, training, or certification, or in
12.25violation of the game and fish laws.
12.26 Sec. 26. Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:
12.27 Subd. 2.
Apprentice hunter validation requirements. (a) A resident
or nonresident
12.28born after December 31, 1979, who is age 12 or over and who does not possess a hunter
12.29education firearms safety certificate may be issued an apprentice hunter validation. An
12.30apprentice hunter validation may be purchased two license years in a lifetime and used to
12.31obtain hunting licenses during the same license year that the validation is purchased.
12.32 (b) An individual in possession of an apprentice hunter validation may hunt small
12.33game, deer, and bear only when accompanied by an adult
licensed to hunt who has a
13.1valid license to hunt the same species of game in Minnesota
and whose license was not
13.2obtained using an apprentice hunter validation.
13.3(c) When an individual in possession of an apprentice hunter validation is hunting
13.4turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed
13.5for another permit area or time period but must be licensed for the same season as the
13.6apprentice hunter. If the accompanying adult is not licensed for the same permit area or
13.7time period as the apprentice hunter, the accompanying adult may not shoot or possess a
13.8firearm or bow while accompanying the apprentice hunter under this paragraph.
13.9 (d) An apprentice hunter validation holder must obtain all required licenses and
13.10stamps.
13.11 Sec. 27. Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:
13.12 Subd. 2.
Restrictions related to motor vehicles. A person may not take a wild
13.13animal with a firearm or by archery from a motor vehicle except as permitted in this
13.14section. Notwithstanding section
97B.091, a person may transport a bow uncased while
13.15in
an electric motor-powered boat a motorized watercraft and may take rough fish while
13.16in the boat
as provided in section 97C.376, subdivision 3.
13.17 Sec. 28. Minnesota Statutes 2012, section 97B.071, is amended to read:
13.1897B.071 BLAZE ORANGE REQUIREMENTS.
13.19 Subdivision 1. Clothing requirements. (a) Except as provided in rules adopted
13.20under paragraph (c), a person may not hunt or trap during the open season where deer may
13.21be taken by firearms under applicable laws and ordinances, unless the visible portion of
13.22the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze
13.23orange. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange
13.24within each foot square. This section does not apply to migratory waterfowl hunters on
13.25waters of this state or in a stationary shooting location or to trappers on waters of this state.
13.26 (b) Except as provided in rules adopted under paragraph (c), and in addition to
13.27the requirement in paragraph (a), a person may not take small game other than turkey,
13.28migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
13.29at least one article of the person's clothing above the waist is blaze orange. This paragraph
13.30does not apply to a person when in a stationary location while hunting deer by archery
13.31or when hunting small game by falconry.
13.32 (c) The commissioner may, by rule, prescribe an alternative color in cases where
13.33paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
13.34Law 103-141.
14.1 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
14.2by a safety warning.
14.3 Subd. 2. Ground blinds. A person may not hunt deer from a ground blind during
14.4the open season where deer may be taken by firearms unless the outside of the blind
14.5displays a minimum of 144 square inches of blaze orange material that is visible from
14.6all directions around the blind.
14.7 Sec. 29. Minnesota Statutes 2012, section 97B.112, is amended to read:
14.897B.112 SPECIAL HUNTS FOR YOUTH.
14.9The commissioner may by rule establish criteria, special seasons, and limits for
14.10youth
and adult hunters to take big game and small game by firearms or archery in
14.11designated areas or times
as part of the agency's overall effort in hunter recruitment and
14.12retention. The criteria may also include provisions for an unlicensed adult to assist a
youth
14.13 hunter during a special season or special hunt established under this section.
14.14 Sec. 30. Minnesota Statutes 2012, section 97C.341, is amended to read:
14.1597C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
14.16(a) A person may not use live minnows imported from outside of the state, game
14.17fish, goldfish, or carp for bait.
Notwithstanding paragraphs (b) and (d), the commissioner
14.18may
, by written order published in the State Register, adopt rules to authorize
the use of
14.19game fish eggs as bait
in Lake Superior and its tributaries below the posted boundaries and
14.20prescribe restrictions on their use.
The order is exempt from the rulemaking provisions of
14.21chapter 14 and section
14.386 does not apply.
14.22(b) A person may not import or possess live, frozen, or processed bait from known
14.23waters where viral hemorrhagic septicemia has been identified as being present: (1)
14.24unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
14.25prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
14.26(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
14.27invertebrates, and insects used for taking wild animals in waters of the state.
14.28 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
14.29be used as:
14.30 (1) fresh or frozen bait only on Lake Superior; or
14.31 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
14.32manner prescribed by rules adopted by the commissioner.
14.33(d) To ensure that frozen or dead fish being brought into the state are not in violation
14.34of paragraph (b), the following paperwork must accompany the shipment. Documents
15.1must be open for inspection by the commissioner at any reasonable time. All documents
15.2must be available to purchasers of these bait items. Each container or package of frozen or
15.3dead fish must have the following information:
15.4(1) water body source;
15.5(2) lot number;
15.6(3) company contact including name, phone, and address;
15.7(4) date of packaging and labeling; and
15.8(5) valid negative fish health certification from the source water body.
15.9 Sec. 31. Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:
15.10 Subdivision 1.
Period when use prohibited. Except as specifically authorized, a
15.11person may not take fish
with a spear from the third Monday in February to
April 30 with
15.12a spear, the Friday before the last Saturday in April and may not take fish with a fish
15.13trap, net, dip net, seine, or other device capable of taking fish
from the third Monday
15.14in February to April 30.
15.15 Sec. 32. Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:
15.16 Subd. 2.
Possession. (a) Except as specifically authorized, a person may not possess
15.17a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
15.18waters. Possession includes personal possession and in a vehicle.
15.19(b) A person may possess
spears, dip nets
, and spear guns allowed under section
15.2097C.381
on or near waters between sunrise and sunset from May 1 to the last Sunday in
15.21February, or as otherwise prescribed by the commissioner.
A person may possess a spear
15.22on or near waters between sunrise and sunset from the last Saturday in April to the last
15.23Sunday in February, or as otherwise prescribed by the commissioner.
15.24 Sec. 33. Minnesota Statutes 2012, section 97C.375, is amended to read:
15.2597C.375 TAKING ROUGH FISH BY SPEARING.
15.26(a) A resident or nonresident may take rough fish by spearing
according to paragraph
15.27(b) and during the times, in waters, and in the manner prescribed by the commissioner.
15.28(b) Suckers may be taken by spearing from the last Saturday in April through the
15.29last Sunday in February.
15.30 Sec. 34. Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:
16.1 Subdivision 1.
Season. (a) The
regular bow fishing season for residents and
16.2nonresidents is from
May 1 the last Saturday in April to the last Sunday in February at
16.3any time of the day.
16.4(b) The early bow fishing season for residents and nonresidents is open only south
16.5of State Highway 210 from the Monday after the last Sunday in February to the Friday
16.6before the last Saturday in April at any time of the day. During the early season, a person
16.7may bow fish:
16.8(1) only from a boat; and
16.9(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix Rivers.
16.10 Sec. 35. Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:
16.11 Subd. 2.
Possession of bows and arrows. A person may possess bows and arrows for
16.12the purposes of bow fishing on or within 100 feet of waters at any time from
May 1 the last
16.13Saturday in April to the last Sunday in February
and at other times on lakes and the rivers
16.14south of State Highway 210 as specified in subdivision 1, paragraph (b), subject to local
16.15ordinances. A person must take reasonable measures to retrieve arrows and wounded fish.
16.16 Sec. 36. Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:
16.17 Subd. 3.
Nighttime restrictions on motors. (a) From sunset to sunrise,
a person
16.18bow fishing with the assistance of a gasoline-powered motor must use a four-stroke
16.19engine powered generator. the noise limits for total noise while bow fishing
from sunset
16.20to sunrise shall must not exceed a noise level of 65 decibels on the A scale measured at
16.21a distance of 50 feet from the motorboat or equivalent noise levels at other distances as
16.22specified by the commissioner in a pass-by test
or 67 decibels on the A scale measured
16.23at idle in a stationary test at least four feet above the water and at least four feet behind
16.24the transom of the motorboat being tested.
16.25(b) The noise limits under paragraph (a) shall be determined under a test procedure
16.26approved by the commissioner under section 86B.321, subdivision 2.
16.27(c) The noise limits in paragraph (a) do not preclude enforcement of other laws
16.28relating to motorboat noise.
16.29(d) The noise levels under section
86B.321 apply to persons traveling to and from
16.30bow fishing sites from sunset to sunrise.
16.31 Sec. 37.
RULEMAKING; GAME FISH EGGS AS BAIT.
16.32(a) The commissioner of natural resources shall amend Minnesota Rules, part
16.336262.0100, by adding a subpart to read:
17.1"Spawn bags may be bought or sold only if the bags are made with:
17.2A. fish eggs from a licensed aquaculture facility; or
17.3B. fish eggs that are:
17.4(1) legally taken from a source outside Minnesota that has been certified disease-free;
17.5and
17.6(2) preserved and labeled as required under a bait preservation permit. Records must
17.7be maintained as required for bait preservation permits."
17.8(b) The commissioner of natural resources shall amend Minnesota Rules, part
17.96262.0300, subpart 5, to read:
17.10"A. Except as provided in this subpart, the taking of fish for bait purposes from all
17.11Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of
17.12the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows,
17.13estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.
17.14B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
17.1597C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake
17.16Superior or its tributaries below the posted boundaries may be used to make spawn bags
17.17for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341,
17.18paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below
17.19the posted boundaries and may be transported to and from Lake Superior or its tributaries
17.20below the posted boundaries."
17.21(c) The commissioner may use the good cause exemption under Minnesota Statutes,
17.22section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
17.23Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
17.24section 14.388.
17.25 Sec. 38.
RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
17.26CRANES.
17.27(a) The commissioner of natural resources shall amend Minnesota Rules, part
17.286133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
17.29sandhill crane.
17.30(b) The commissioner may use the good cause exemption under Minnesota Statutes,
17.31section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
17.32Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
17.33section 14.388.
17.34 Sec. 39.
RULEMAKING; SPEARING ROUGH FISH.
18.1The commissioner of natural resources shall amend Minnesota Rules, part
18.26262.0600, to make seasons for spearing rough fish consistent with the date changes
18.3in sections 31 and 32. The commissioner may use the good cause exemption under
18.4Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this
18.5section, and Minnesota Statutes, section 14.386, does not apply, except as provided under
18.6Minnesota Statutes, section 14.388.
18.7 Sec. 40.
FARMED CERVIDAE REPORT.
18.8By January 15, 2014, the commissioner of natural resources, after consultation with
18.9the Board of Animal Health, the Minnesota Farmed Cervidae Advisory Committee, and
18.10other interested parties, shall report to the chairs and ranking minority members of the
18.11house of representatives and senate committees with jurisdiction over environment and
18.12natural resources policy and finance on the costs of destruction of escaped farmed cervidae
18.13to the Department of Natural Resources. The report shall include recommendations for
18.14recovery of such costs and methods to reduce the incidence or amount of those costs, and
18.15any necessary changes in statutes or rules to implement those recommendations.
18.16 Sec. 41.
REVISOR'S INSTRUCTION.
18.17The revisor of statutes shall replace the term "duck boat" with the term "waterfowl
18.18boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.
18.19 Sec. 42.
REPEALER.
18.20Minnesota Statutes 2012, sections 97A.451, subdivision 4a; and 97C.346, and
18.21Minnesota Rules, part 6264.0400, subpart 8, are repealed."
18.22Amend the title accordingly