HF 3124

2nd Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to game and fish; modifying aquaculture provisions; modifying
1.3provisions for taking, possessing, and transporting wild animals; modifying
1.4requirements for fish and wildlife management plans; modifying game and
1.5fish license provisions;amending Minnesota Statutes 2008, sections 17.4982,
1.6subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994;
1.784.942, subdivision 1; 84D.03, subdivision 3; 84D.11, subdivision 2a; 97A.015,
1.8subdivision 52; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.331,
1.9subdivision 4; 97A.345; 97A.405, subdivision 2; 97A.421, subdivision 4a;
1.1097A.433, by adding a subdivision; 97A.435, subdivisions 1, 4; 97A.502;
1.1197A.535, subdivision 2a; 97A.545, subdivision 5; 97B.022, subdivision 2;
1.1297B.031, subdivision 5; 97B.075; 97B.106, subdivision 1; 97B.325; 97B.405;
1.1397B.515, by adding a subdivision; 97B.911; 97B.915; 97B.921; 97B.925;
1.1497C.005, subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.315, subdivision
1.151; 97C.341; Minnesota Statutes 2009 Supplement, sections 84.95, subdivision
1.162; 97A.445, subdivision 1a; 97B.055, subdivision 3; 97B.811, subdivision 3;
1.17proposing coding for new law in Minnesota Statutes, chapters 17; 97B; 348;
1.18repealing Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, 4;
1.1997A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97B.811, subdivision
1.204.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22    Section 1. Minnesota Statutes 2008, section 17.4982, is amended by adding a
1.23subdivision to read:
1.24    Subd. 10a. Fish collector. "Fish collector" means an individual who has been
1.25certified under section 17.4989 to oversee the collection of fish samples from a facility or
1.26a water body for disease testing by a certified laboratory.

1.27    Sec. 2. Minnesota Statutes 2008, section 17.4982, subdivision 12, is amended to read:
1.28    Subd. 12. Fish health inspection. (a) "Fish health inspection" means an on-site,
1.29statistically based sampling, collection, and testing of fish in accordance with processes
2.1in the Fish Health Blue Book for all lots of fish in a facility or the Diagnostic Manual
2.2for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
2.3to test for causative pathogens. The samples for inspection must be collected by a fish
2.4health inspector or a fish collector in cooperation with the producer. Testing of samples
2.5must be done by an approved laboratory.
2.6(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic
2.7necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
2.8nonsalmonids must include at least a minimum viral testing of ovarian fluids at the 95
2.9percent confidence level of detecting two percent incidence of disease (ovarian fluids must
2.10be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic
2.11necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a
2.12five percent incidence of disease. The inspection must be performed by a fish health
2.13inspector in cooperation with the producer with subsequent examination of the collected
2.14tissues and fluids for the detection of certifiable diseases.
2.15(c) The inspection for certifiable diseases for wild fish must follow the guidelines of
2.16the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.

2.17    Sec. 3. [17.4989] FISH SAMPLE COLLECTING.
2.18    Subdivision 1. Training. Fish collector training may be offered by any organization
2.19or agency that has had its class and practicum syllabus approved by the commissioner.
2.20The class and practicum must include the following components:
2.21(1) accurate identification of licensed water bodies listed according to section
2.2217.4984 and ensuring that collection is taking place at the correct site;
2.23(2) identification of fish internal organs;
2.24(3) fish dissection and sample preparation as identified by the Department of Natural
2.25Resources based on specific testing requirements or as outlined in the Fish Health
2.26Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
2.27International Office of Epizootics (OIE);
2.28(4) recording and reporting data;
2.29(5) sample preparation and shipping;
2.30(6) a field collection site test to demonstrate mastery of the necessary skills, overseen
2.31by a certified fish health inspector; and
2.32(7) a certificate of successful completion signed by a certified fish health inspector
2.33on a form provided by the commissioner.
2.34    Subd. 2. Certification time period. Fish collector certification is valid for five years
2.35and is not transferable. A person may renew certification only by successfully completing
3.1certification training. Certification shall be revoked if the certified person is convicted
3.2of violating any of the statutes or rules governing testing for aquatic species diseases.
3.3Certification may be suspended during an investigation associated with misconduct or
3.4violations of fish health testing and collection. The commissioner shall notify the person
3.5that certification is being revoked or suspended.
3.6    Subd. 3. Conflict of interest. A fish collector may not oversee the collection of fish
3.7from a facility or a water body when the collector has a conflict of interest in connection
3.8with the outcome of the testing.

3.9    Sec. 4. Minnesota Statutes 2008, section 17.4991, subdivision 3, is amended to read:
3.10    Subd. 3. Fish health inspection. (a) An aquatic farm propagating trout, salmon,
3.11salmonids or catfish and having an effluent discharge from the aquatic farm into public
3.12waters must have a fish health inspection conducted at least once every 12 months by a
3.13certified fish health inspector. Testing must be conducted according to approved the Fish
3.14Health Blue Book laboratory methods.
3.15(b) An aquatic farm propagating any species on the viral hemorrhagic septicemia
3.16(VHS) susceptible list and having an effluent discharge from the aquatic farm into public
3.17waters must test for VHS virus using the guidelines of the Fish Health Blue Book or the
3.18Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of
3.19Epizootics (OIE). The commissioner may, by written order published in the State Register,
3.20prescribe alternative testing time periods and methods from those prescribed in the Fish
3.21Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
3.22biosecurity measures will not be compromised. These alternatives are not subject to the
3.23rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
3.24must provide reasonable notice to affected parties of any changes in testing requirements.
3.25(c) Results of fish health inspections must be provided to the commissioner for all
3.26fish that remain in the state. All data used to prepare and issue a fish health certificate must
3.27be maintained for three years by the issuing fish health inspector, approved laboratory, or
3.28accredited veterinarian.
3.29(b) (d) A health inspection fee must be charged based on each lot of fish sampled.
3.30The fee by check or money order payable to the Department of Natural Resources must
3.31be prepaid or paid at the time a bill or notice is received from the commissioner that the
3.32inspection and processing of samples is completed.
3.33(c) (e) Upon receipt of payment and completion of inspection, the commissioner
3.34shall notify the operator and issue a fish health certificate. The certification must be made
3.35according to the Fish Health Blue Book by a person certified as a fish health inspector.
4.1(d) (f) All aquatic life in transit or held at transfer stations within the state may
4.2be inspected by the commissioner. This inspection may include the collection of stock
4.3for purposes of pathological analysis. Sample size necessary for analysis will follow
4.4guidelines listed in the Fish Health Blue Book.
4.5(e) (g) Salmonids and catfish must have a fish health inspection before being
4.6transported from a containment facility, unless the fish are being transported directly to
4.7an outlet for processing or other food purposes or unless the commissioner determines
4.8that an inspection is not needed. A fish health inspection conducted for this purpose need
4.9only be done on the lot or lots of fish that will be transported. The commissioner must
4.10conduct a fish health inspection requested for this purpose within five working days of
4.11receiving written notice. Salmonids and catfish may be immediately transported from a
4.12containment facility to another containment facility once a sample has been obtained for a
4.13health inspection or once the five-day notice period has expired.

4.14    Sec. 5. Minnesota Statutes 2008, section 17.4994, is amended to read:
4.1517.4994 SUCKER EGGS.
4.16Sucker eggs may be taken from public waters with a sucker egg license endorsement,
4.17which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres
4.18of licensed surface waters except that for intensive culture systems, sucker eggs may be
4.19taken at a rate of two quarts per 1,000 muskellunge fry being reared for the fee prescribed
4.20in section 97A.475, subdivision 29. The Taking of sucker eggs from public waters is
4.21subject to chapter 97C and may be supervised by the commissioner. The commissioner
4.22may limit the amount of sucker eggs that a person with a sucker egg license endorsement
4.23may take based on the number of sucker eggs taken historically by the licensee, new
4.24requests for eggs, and the condition of the spawning runs at those historical streams and
4.25rivers that have produced previous annual quotas.

4.26    Sec. 6. Minnesota Statutes 2008, section 84.942, subdivision 1, is amended to read:
4.27    Subdivision 1. Preparation. The commissioner of natural resources shall prepare
4.28a comprehensive fish and wildlife management plan plans designed to accomplish the
4.29policy of section 84.941. The comprehensive fish and wildlife management plan shall
4.30include a strategic plan as outlined in subdivision 2. The strategic plan must be completed
4.31by July 1, 1986. The management plan must also include the long-range and operational
4.32plans as described in subdivisions 3 and 4. The management plan must be completed by
4.33July 1, 1988.

5.1    Sec. 7. Minnesota Statutes 2009 Supplement, section 84.95, subdivision 2, is amended
5.2to read:
5.3    Subd. 2. Purposes and expenditures. Money from the reinvest in Minnesota
5.4resources fund may only be spent for the following fish and wildlife conservation
5.5enhancement purposes:
5.6(1) development and implementation of the comprehensive fish and wildlife
5.7management plan plans under section 84.942;
5.8(2) implementation of the reinvest in Minnesota reserve program established by
5.9section 103F.515;
5.10(3) soil and water conservation practices to improve water quality, reduce soil
5.11erosion and crop surpluses;
5.12(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
5.13wetlands, and public and private forest lands;
5.14(5) acquisition and development of public access sites and recreation easements to
5.15lakes, streams, and rivers for fish and wildlife oriented recreation;
5.16(6) matching funds with government agencies, federally recognized Indian tribes and
5.17bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
5.18(7) research and surveys of fish and wildlife species and habitat;
5.19(8) enforcement of natural resource laws and rules;
5.20(9) information and education;
5.21(10) implementing the aspen recycling program under section 88.80 and for other
5.22forest wildlife management projects; and
5.23(11) necessary support services to carry out these purposes.

5.24    Sec. 8. Minnesota Statutes 2008, section 84D.03, subdivision 3, is amended to read:
5.25    Subd. 3. Bait harvest from infested waters. (a) The Taking of wild animals from
5.26infested waters for bait or aquatic farm purposes is prohibited, except as provided in
5.27paragraph (b) and section 97C.341.
5.28(b) In waters that are designated as infested waters, except those designated because
5.29they contain prohibited invasive species of fish or certifiable diseases of fish as defined in
5.30section 17.4982, subdivision 6, the taking of wild animals may be permitted for:
5.31(1) commercial taking of wild animals for bait and aquatic farm purposes according
5.32to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
5.33(2) bait purposes for noncommercial personal use in waters that contain Eurasian
5.34water milfoil, when the infested waters are designated solely because they contain
6.1Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
6.2traps not exceeding 16 inches in diameter and 32 inches in length.
6.3(c) Nets, traps, buoys, anchors, stakes, and lines used for minnow harvest in an
6.4infested water that is designated because it contains invasive fish, invasive invertebrates,
6.5or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.

6.6    Sec. 9. Minnesota Statutes 2008, section 84D.11, subdivision 2a, is amended to read:
6.7    Subd. 2a. Harvest of bait from infested waters. The commissioner may issue a
6.8permit to allow the harvest of bait:
6.9    (1) from waters that are designated as infested waters, except those designated
6.10because they contain prohibited invasive species of fish or certifiable diseases of fish as
6.11defined in section 17.4982, subdivision 6; and
6.12    (2) from infested waters as allowed under section 97C.341, paragraph (c).
6.13    The permit shall include conditions necessary to avoid spreading aquatic invasive
6.14species. Before receiving a permit, a person annually must satisfactorily complete aquatic
6.15invasive species-related training provided by the commissioner.

6.16    Sec. 10. Minnesota Statutes 2008, section 97A.015, subdivision 52, is amended to read:
6.17    Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow,
6.18blackbird, starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar
6.19partridge, quail other than bobwhite quail, and mute swan.

6.20    Sec. 11. Minnesota Statutes 2008, section 97A.101, subdivision 3, is amended to read:
6.21    Subd. 3. Fishing may not be restricted. Seasons or methods of taking fish other
6.22than minnows may not be restricted under this section.

6.23    Sec. 12. Minnesota Statutes 2008, section 97A.311, subdivision 5, is amended to read:
6.24    Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not
6.25including any issuing fees paid under section 97A.485, subdivision 6, if the request is
6.26received within 90 days of the original license purchase and:
6.27    (1) the licensee dies before the opening of the licensed season. The original license
6.28and a copy of the death certificate must be provided to the commissioner;
6.29    (2) the licensee is unable to participate in the licensed activity because the licensee is
6.30called to active military duty or military leave is canceled during the entire open season of
6.31the licensed activity. The original license and a copy of the military orders or notice of
6.32cancellation of leave must be provided to the commissioner; or
7.1    (3) the licensee purchased two licenses for the same license season in error.; or
7.2(4) the licensee was not legally required to purchase the license to participate
7.3in the activity.
7.4    (b) This subdivision does not apply to lifetime licenses.

7.5    Sec. 13. Minnesota Statutes 2008, section 97A.331, subdivision 4, is amended to read:
7.6    Subd. 4. Taking and possessing big game out of season. (a) A person that takes or
7.7illegally possesses big game during the closed season is guilty of a gross misdemeanor.
7.8The restitution value for a trophy deer taken or illegally possessed during the closed
7.9season is according to paragraphs (b) to (d).
7.10    (b) The restitution value for trophy deer shall be determined based on the animal's
7.11trophy score. The trophy score for deer shall be determined using the scoring system
7.12developed by the Boone and Crockett Club.
7.13    (c) For typical trophy deer, the following restitution values, based on the Boone and
7.14Crockett Club score, are:
7.15    (1) 135 or over and less than 160, $2,000;
7.16    (2) 160 or over and less than 180, $3,000;
7.17    (3) 180 or over and less than 200, $4,000; and
7.18    (4) 200 or over, $5,000.
7.19    (d) For nontypical trophy deer, the following restitution values, based on the Boone
7.20and Crockett Club score, are:
7.21    (1) 160 or over and less than 185, $2,000;
7.22    (2) 185 or over and less than 205, $3,000;
7.23    (3) 205 or over and less than 225, $4,000; and
7.24    (4) 225 or over, $5,000.

7.25    Sec. 14. Minnesota Statutes 2008, section 97A.345, is amended to read:
7.2697A.345 RESTITUTION VALUE OF WILD ANIMALS.
7.27    (a) Except for trophy deer restitution values provided under section 97A.331,
7.28subdivision 4, the commissioner may, by rules adopted under chapter 14, prescribe the
7.29dollar value to the state of species of wild animals. The value may reflect the value to
7.30other persons to legally take the wild animal, the replacement cost, or the intrinsic value
7.31to the state of the wild animals. Species of wild animals with similar values may be
7.32grouped together.
7.33    (b) The value of a wild animal under the rules adopted by the commissioner is prima
7.34facie evidence of a wild animal's value under section 97A.341.
8.1    (c) The commissioner shall report annually to the legislature the amount of restitution
8.2collected under section 97A.341 and the manner in which the funds were expended.

8.3    Sec. 15. Minnesota Statutes 2008, section 97A.405, subdivision 2, is amended to read:
8.4    Subd. 2. Personal possession. (a) A person acting under a license or traveling from
8.5an area where a licensed activity was performed must have in personal possession either:
8.6(1) the proper license, if the license has been issued to and received by the person; or (2)
8.7the proper license identification number or stamp validation, if the license has been sold to
8.8the person by electronic means but the actual license has not been issued and received.
8.9    (b) If possession of a license or a license identification number is required, a person
8.10must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
8.11license if the license has been issued to and received by the person; or (2) the proper
8.12license identification number or stamp validation and a valid state driver's license, state
8.13identification card, or other form of identification provided by the commissioner, if the
8.14license has been sold to the person by electronic means but the actual license has not been
8.15issued and received. A person charged with violating the license possession requirement
8.16shall not be convicted if the person produces in court or the office of the arresting officer,
8.17the actual license previously issued to that person, which was valid at the time of arrest,
8.18or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
8.19request of a conservation officer or peace officer, a licensee shall write the licensee's name
8.20in the presence of the officer to determine the identity of the licensee.
8.21    (c) If the actual license has been issued and received, a receipt for license fees, a
8.22copy of a license, or evidence showing the issuance of a license, including the license
8.23identification number or stamp validation, does not entitle a licensee to exercise the rights
8.24or privileges conferred by a license.
8.25    (d) A license issued electronically and not immediately provided to the licensee
8.26shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
8.27migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to
8.28the licensee after purchase of a stamp validation only if the licensee pays an additional $2
8.29fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey
8.30stamp may be purchased for a $2 fee that covers the costs of producing and mailing the
8.31pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written
8.32order published in the State Register, establish fees for providing the pictorial stamps.
8.33The fees must be set in an amount that does not recover significantly more or less than
8.34the cost of producing and mailing the stamps. The fees are not subject to the rulemaking
8.35provisions of chapter 14, and section 14.386 does not apply.

9.1    Sec. 16. Minnesota Statutes 2008, section 97A.421, subdivision 4a, is amended to read:
9.2    Subd. 4a. Suspension for failure to appear in court or pay a fine or surcharge.
9.3When a court reports to the commissioner that a person (1) has failed to appear in court
9.4under the summons issued in response to a notice to appear or fails to comply with other
9.5orders of the court regarding the appearance or proceedings for a violation of the game
9.6and fish laws or (2) has been convicted of violating a provision of the game and fish
9.7laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
9.8and refused or failed to comply with that sentence or to pay the fine or surcharge, the
9.9commissioner shall suspend the game and fish license and permit privileges of the person
9.10until notified by the court that the person has appeared in court under clause (1) or that any
9.11fine or surcharge due the court has been paid under clause (2).

9.12    Sec. 17. Minnesota Statutes 2008, section 97A.433, is amended by adding a
9.13subdivision to read:
9.14    Subd. 5. Mandatory separate selection. The commissioner must conduct
9.15a separate selection for 20 percent of the elk licenses to be issued each year. Only
9.16individuals who have applied at least ten times for an elk license and who have never
9.17received a license are eligible for this separate selection.

9.18    Sec. 18. Minnesota Statutes 2008, section 97A.435, subdivision 1, is amended to read:
9.19    Subdivision 1. Number of licenses to be issued License issuance. The
9.20commissioner shall include in a rule setting the dates for a turkey season the number of
9.21licenses to be issued rules setting turkey seasons the methods for issuing licenses for
9.22those seasons.

9.23    Sec. 19. Minnesota Statutes 2008, section 97A.435, subdivision 4, is amended to read:
9.24    Subd. 4. Separate selection of eligible licensees. (a) The commissioner may
9.25conduct a separate selection for up to 20 percent of the turkey licenses to be issued for any
9.26area. Only persons who are owners or tenants of and who live on at least 40 acres of land
9.27in the area, and their immediate family members, are eligible applicants for turkey licenses
9.28for the separate selection. The qualifying land may be noncontiguous. Persons who are
9.29unsuccessful in a separate selection must be included in the selection for the remaining
9.30licenses. Persons who obtain a license in a separate selection must allow public turkey
9.31hunting on their land during that turkey season. A license issued under this subdivision is
9.32restricted to the permit area where the qualifying land is located.
10.1(b) The commissioner may by rule establish criteria for determining eligible family
10.2members under this subdivision.

10.3    Sec. 20. Minnesota Statutes 2009 Supplement, section 97A.445, subdivision 1a,
10.4is amended to read:
10.5    Subd. 1a. Angling in a state park. (a) A resident may take fish by angling without
10.6an angling license:
10.7(1) when shore fishing or wading on state-owned land within a state park.; or
10.8(2) when angling from a boat or float, this subdivision applies only to those or
10.9through the ice on water bodies completely encompassed within the statutory boundary of
10.10the state park.
10.11(b) The exemption from an angling license does not apply to waters where a trout
10.12stamp is required.

10.13    Sec. 21. Minnesota Statutes 2008, section 97A.502, is amended to read:
10.1497A.502 DEER KILLED BY MOTOR VEHICLES.
10.15(a) Deer killed by a motor vehicle on a public road must be removed by the road
10.16authority, as defined by section 160.02, subdivision 25, unless the driver of the motor
10.17vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural
10.18resources must provide to all road authorities standard forms for statistical purposes and
10.19the tracking of wild animals.
10.20(b) The driver of a motor vehicle that has collided with and killed a deer on a public
10.21road has priority for a possession permit for the entire deer if the facts indicate that the
10.22deer was not taken illegally.

10.23    Sec. 22. Minnesota Statutes 2008, section 97A.535, subdivision 2a, is amended to read:
10.24    Subd. 2a. Quartering of deer allowed. A deer that has been tagged as required
10.25in subdivision 1 may be quartered at the site of the kill. The animal's head or genitalia
10.26must remain attached to one of the quarters for male deer taken in a lottery deer area or
10.27areas with antler point restrictions the animal's head must remain attached to one of the
10.28quarters. The quarters must be presented together for registration under subdivision 2 and
10.29must remain together until the deer is processed for storage.

10.30    Sec. 23. Minnesota Statutes 2008, section 97A.545, subdivision 5, is amended to read:
11.1    Subd. 5. Birds must be in undressed condition; exceptions. (a) Except as
11.2provided in paragraph (b), a person may ship or otherwise transport game birds in an
11.3undressed condition only.
11.4(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
11.5(1) were taken on a shooting preserve and are marked or identified in accordance
11.6with section 97A.121, subdivision 5;
11.7(2) were taken, dressed, and lawfully shipped or otherwise transported in another
11.8state; or
11.9(3) are migratory game birds that were lawfully tagged and packed by a federally
11.10permitted migratory bird preservation facility.; or
11.11(4) are doves shipped or transported in accordance with federal law.

11.12    Sec. 24. Minnesota Statutes 2008, section 97B.022, subdivision 2, is amended to read:
11.13    Subd. 2. Apprentice hunter validation requirements. A resident born after
11.14December 31, 1979, who is age 12 13 or older over and who does not possess a hunter
11.15education firearms safety certificate may be issued an apprentice hunter validation. An
11.16apprentice hunter validation is valid for only one two license year years in a lifetime. An
11.17individual in possession of an apprentice hunter validation may hunt small game and,
11.18deer, and bear only when accompanied by an adult licensed to hunt in Minnesota whose
11.19license was not obtained using an apprentice hunter validation. An apprentice hunter
11.20validation holder must obtain all required licenses and stamps.

11.21    Sec. 25. Minnesota Statutes 2008, section 97B.031, subdivision 5, is amended to read:
11.22    Subd. 5. Scopes; visually impaired hunters. (a) Notwithstanding any other law
11.23to the contrary, the commissioner may issue a special permit, without a fee, to use a
11.24muzzleloader with a scope to take deer during the muzzleloader season to a person who
11.25obtains the required licenses and who has a visual impairment. The scope may not have
11.26magnification capabilities.
11.27(b) The visual impairment must be to the extent that the applicant is unable to
11.28identify targets and the rifle sights at the same time without a scope. The visual impairment
11.29and specific conditions must be established by medical evidence verified in writing by
11.30(1) a licensed physician, or a certified nurse practitioner or certified physician assistant
11.31acting under the direction of a licensed physician; (2) a licensed ophthalmologist,; or (3)
11.32a licensed optometrist. The commissioner may request additional information from the
11.33physician if needed to verify the applicant's eligibility for the permit.
12.1(c) A permit issued under this subdivision may be valid for up to five years, based
12.2on the permanence of the visual impairment as determined by the licensed physician,
12.3ophthalmologist, or optometrist.
12.4(d) The permit must be in the immediate possession of the permittee when hunting
12.5under the special permit.
12.6(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
12.7this subdivision for cause, including a violation of the game and fish laws or rules.
12.8(f) A person who knowingly makes a false application or assists another in making
12.9a false application for a permit under this subdivision is guilty of a misdemeanor. A
12.10physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
12.11optometrist who fraudulently certifies to the commissioner that a person is visually
12.12impaired as described in this subdivision is guilty of a misdemeanor.

12.13    Sec. 26. Minnesota Statutes 2009 Supplement, section 97B.055, subdivision 3, is
12.14amended to read:
12.15    Subd. 3. Hunting from vehicle by disabled hunters. (a) The commissioner may
12.16issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
12.17stationary motor vehicle to a person who obtains the required licenses and who has a
12.18permanent physical disability that is more substantial than discomfort from walking. The
12.19permit recipient must be:
12.20(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
12.21other mechanical support or prosthetic device; or
12.22(2) unable to walk any distance because of a permanent lung, heart, or other internal
12.23disease that requires the person to use supplemental oxygen to assist breathing.
12.24(b) The permanent physical disability must be established by medical evidence
12.25verified in writing by a licensed physician or, chiropractor, or certified nurse practitioner
12.26or certified physician assistant acting under the direction of a licensed physician. The
12.27commissioner may request additional information from the physician or chiropractor
12.28if needed to verify the applicant's eligibility for the permit. Notwithstanding section
12.2997A.418 , the commissioner may, in consultation with appropriate advocacy groups,
12.30establish reasonable minimum standards for permits to be issued under this section. In
12.31addition to providing the medical evidence of a permanent disability, the applicant must
12.32possess a valid disability parking certificate authorized by section 169.345 or license
12.33plates issued under section 168.021.
12.34(c) A person issued a special permit under this subdivision and hunting deer may
12.35take a deer of either sex, except in those antlerless permit areas and seasons where no
13.1antlerless permits are offered. This subdivision does not authorize another member of a
13.2party to take an antlerless deer under section 97B.301, subdivision 3.
13.3(d) A permit issued under this subdivision is valid for five years.
13.4(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
13.5this section for cause, including a violation of the game and fish laws or rules.
13.6(f) A person who knowingly makes a false application or assists another in making a
13.7false application for a permit under this section is guilty of a misdemeanor. A physician,
13.8certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently
13.9certifies to the commissioner that a person is permanently disabled as described in this
13.10section is guilty of a misdemeanor.
13.11(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
13.12the entire life of the applicant if the commissioner determines that there is no chance
13.13that an applicant will become ineligible for a permit under this section and the applicant
13.14requests a lifetime permit.

13.15    Sec. 27. Minnesota Statutes 2008, section 97B.075, is amended to read:
13.1697B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
13.17    (a) A person may not take protected wild animals, except raccoon and fox, with
13.18a firearm between the evening and morning times established by commissioner's rule,
13.19except as provided in this section.
13.20    (b) Big game may be taken from one-half hour before sunrise until one-half hour
13.21after sunset.
13.22    (c) Except as otherwise prescribed by the commissioner on or before the Saturday
13.23nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
13.24during the entire season prescribed by the commissioner. On the opening day of the
13.25duck season, shooting hours for migratory game birds, except woodcock and doves,
13.26begin at 9:00 a.m.

13.27    Sec. 28. Minnesota Statutes 2008, section 97B.106, subdivision 1, is amended to read:
13.28    Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may
13.29issue a special permit, without a fee, to take big game, small game, or rough fish with a
13.30crossbow to a person that is unable to hunt or take rough fish by archery because of a
13.31permanent or temporary physical disability. A crossbow permit issued under this section
13.32also allows the permittee to use a bow with a mechanical device that draws, releases, or
13.33holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
14.1    (b) To qualify for a crossbow permit under this section, a temporary disability
14.2must render the person unable to hunt or fish by archery for a minimum of two years
14.3after application for the permit is made. The permanent or temporary disability must
14.4be established by medical evidence, and the inability to hunt or fish by archery for the
14.5required period of time must be verified in writing by (1) a licensed physician or a certified
14.6nurse practitioner or certified physician assistant acting under the direction of a licensed
14.7physician; or (2) a licensed chiropractor. A person who has received a special permit
14.8under this section because of a permanent disability is eligible for subsequent special
14.9permits without providing medical evidence and verification of the disability.
14.10    (c) The person must obtain the appropriate license.

14.11    Sec. 29. Minnesota Statutes 2008, section 97B.325, is amended to read:
14.1297B.325 DEER STAND RESTRICTIONS.
14.13A person may not take deer from a constructed platform or other structure that is
14.14located within the right-of-way of an improved public highway or is higher than 16 feet
14.15above the ground. The height restriction does not apply to a portable stand that is chained,
14.16belted, clamped, or tied with rope.

14.17    Sec. 30. Minnesota Statutes 2008, section 97B.405, is amended to read:
14.1897B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
14.19    (a) The commissioner may limit the number of persons that may hunt bear in an
14.20area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
14.21The commissioner may establish, by rule, a method, including a drawing, to impartially
14.22select the hunters for an area. The commissioner shall give preference to hunters that have
14.23previously applied and have not been selected.
14.24    (b) In the case of a drawing, the commissioner shall allow a person to apply for a
14.25permit in more than one area at the same time and rank the person's choice of area.
14.26(c) A person selected through a drawing must purchase a license by the Friday
14.27closest to July 31. Any remaining available licenses not purchased shall be issued
14.28beginning the following Wednesday to those who applied unsuccessfully. Any remaining
14.29available licenses not purchased by unsuccessful applicants may then be issued the
14.30following week beginning on Wednesday to any eligible person as prescribed by the
14.31commissioner on a first-come, first-served basis.

14.32    Sec. 31. [97B.4251] BAITING BEAR; USE OF DRUM.
15.1Notwithstanding section 97B.425, a private landowner or person authorized by the
15.2private landowner may use a drum to bait bear on the person's private land. The drum
15.3must be securely chained or cabled to a tree so that it cannot be moved from the site by a
15.4bear and the drum may not include a mechanical device for dispensing feed. The drum
15.5must be marked with the name and address of the person who registered the bait site. For
15.6purposes of this section, "drum" means a 30 gallon or larger drum.

15.7    Sec. 32. Minnesota Statutes 2008, section 97B.515, is amended by adding a
15.8subdivision to read:
15.9    Subd. 4. Taking elk causing damage or nuisance. The commissioner may
15.10authorize the taking of elk that are causing damage or nuisance by licensed hunters from
15.11September 1 to March 1 under rules prescribed by the commissioner. The commissioner
15.12may select and issue licenses to hunters from lists of license applicants based on their
15.13interest, proximity, and availability to quickly respond to the damage or nuisance situation.
15.14A person receiving a license to hunt elk under this subdivision is not subject to the
15.15requirements of section 97A.433, subdivision 2, clause (2), and does not lose eligibility
15.16for future elk hunts.

15.17    Sec. 33. Minnesota Statutes 2009 Supplement, section 97B.811, subdivision 3, is
15.18amended to read:
15.19    Subd. 3. Restrictions on leaving decoys unattended. During the open season for
15.20waterfowl, a person may not leave decoys in public waters between sunset and two hours
15.21before lawful shooting hours or leave decoys unattended during other times for more than
15.22three consecutive hours unless:
15.23(1) the decoys are in waters adjacent to completely surrounded by private land
15.24under the control of the hunter; and
15.25(2) there is not natural vegetation growing in water sufficient to partially conceal a
15.26hunter and there is no public access to the water.

15.27    Sec. 34. Minnesota Statutes 2008, section 97B.911, is amended to read:
15.2897B.911 MUSKRAT SEASONS.
15.29(a) Except as provided in paragraph (b), the commissioner may establish open
15.30seasons and restrictions for taking muskrat.
15.31(b) The fall open season for muskrat shall begin the third Saturday in October in
15.32the forest trapping zone.

16.1    Sec. 35. Minnesota Statutes 2008, section 97B.915, is amended to read:
16.297B.915 MINK SEASONS.
16.3(a) Except as provided in paragraph (b), the commissioner may establish open
16.4seasons and restrictions for taking mink.
16.5(b) The fall open season for mink shall begin the third Saturday in October in the
16.6forest trapping zone.

16.7    Sec. 36. Minnesota Statutes 2008, section 97B.921, is amended to read:
16.897B.921 OTTER SEASONS.
16.9(a) Except as provided in paragraph (b), the commissioner may establish open
16.10seasons and restrictions for taking otter.
16.11(b) The fall open season for otter shall begin the third Saturday in October in the
16.12forest trapping zone.

16.13    Sec. 37. Minnesota Statutes 2008, section 97B.925, is amended to read:
16.1497B.925 BEAVER SEASONS.
16.15(a) Except as provided in paragraph (b), the commissioner may establish open
16.16seasons and restrictions for taking beaver.
16.17(b) The fall open season for beaver shall begin the third Saturday in October in
16.18the forest trapping zone.

16.19    Sec. 38. [97B.927] INCIDENTAL TAKINGS.
16.20A person who incidentally takes a muskrat or otter in a beaver trap during the beaver
16.21season shall tag the animal with the person's name, license number, and the date, time,
16.22and place where the animal was taken. The person must notify a conservation officer no
16.23later than 24 hours after the taking. The person shall give the pelt of the animal to the
16.24Minnesota Trappers Association. All proceeds from the sale of the pelts must be used to
16.25support the association's education efforts.

16.26    Sec. 39. Minnesota Statutes 2008, section 97C.005, subdivision 3, is amended to read:
16.27    Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance
16.28with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
16.29establish open seasons, limits, methods, and other requirements for taking fish on special
16.30management waters. The commissioner may, by written order published in the State
16.31Register, amend daily, possession, or size limits to make midseason adjustments that are
17.1necessary based on available harvest, angling pressure, and population data to manage the
17.2fisheries in the 1837 Ceded Territory in compliance with the court orders in Mille Lacs
17.3Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in
17.4daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14
17.5and section 14.386 does not apply.

17.6    Sec. 40. Minnesota Statutes 2008, section 97C.087, subdivision 2, is amended to read:
17.7    Subd. 2. Application for tag. Application for special fish management tags must
17.8be accompanied by a $5, nonrefundable application fee for each tag. A person may not
17.9make more than one tag application each calendar year. If a person makes more than one
17.10application, the person is ineligible for a special fish management tag for that season
17.11calendar year after determination by the commissioner, without a hearing.

17.12    Sec. 41. Minnesota Statutes 2008, section 97C.205, is amended to read:
17.1397C.205 TRANSPORTING AND STOCKING FISH.
17.14    (a) Except on the water body where taken, a person may not transport a live fish in a
17.15quantity of water sufficient to keep the fish alive, unless the fish:
17.16    (1) is being transported under an aquaculture license as authorized under sections
17.1717.4985 and 17.4986;
17.18    (2) is being transported for a fishing contest weigh-in under section 97C.081;
17.19    (3) is a minnow being transported under section 97C.505 or 97C.515;
17.20    (4) is being transported by a commercial fishing license holder under section
17.2197C.821 ; or
17.22    (5) is being transported as otherwise authorized in this section or as prescribed for
17.23certifiable diseases under sections 17.46 to 17.4999.
17.24    (b) The commissioner may adopt rules to allow and regulate:
17.25    (1) the transportation of fish and fish eggs; and
17.26    (2) the stocking of waters with fish or fish eggs.
17.27    (c) The commissioner must allow the possession of fish on special management or
17.28experimental waters to be prepared as a meal on the ice or on the shore of that water
17.29body if the fish:
17.30    (1) were lawfully taken;
17.31    (2) have been packaged by a licensed fish packer; and
17.32    (3) do not otherwise exceed the statewide possession limits.
17.33    (d) The commissioner shall prescribe rules designed to encourage local sporting
17.34organizations to propagate game fish by using rearing ponds. The rules must:
18.1    (1) prescribe methods to acquire brood stock for the ponds by seining public waters;
18.2    (2) allow the sporting organizations to own and use seines and other necessary
18.3equipment; and
18.4    (3) prescribe methods for stocking the fish in public waters that give priority to the
18.5needs of the community where the fish are reared and the desires of the organization
18.6operating the rearing pond.
18.7    (e) A person age 16 or under may, for purposes of display in a home aquarium,
18.8transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
18.9crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
18.10and brown bullheads taken by angling, except as otherwise ordered by the commissioner
18.11upon documentation of an emergency fish disease in Minnesota waters, as defined in
18.12section 17.4982, subdivision 9. No more than four of each species may be transported at
18.13any one time, and any individual fish can be no longer than ten inches in total length. The
18.14commissioner may, by written order published in the State Register, prohibit transportation
18.15of live fish under this paragraph to help prevent spread of an emergency fish disease
18.16documented to occur in Minnesota waters. The order is exempt from the rulemaking
18.17provisions of chapter 14 and section 14.386 does not apply.

18.18    Sec. 42. Minnesota Statutes 2008, section 97C.315, subdivision 1, is amended to read:
18.19    Subdivision 1. Lines. An angler may not use more than one line except two lines
18.20may be used to take fish:
18.21(1) two lines may be used to take fish through the ice; and or
18.22(2) the commissioner may, by rule, authorize the use of two lines in areas designated
18.23by the commissioner in Lake Superior if the angler purchases a second line endorsement
18.24for $10.

18.25    Sec. 43. Minnesota Statutes 2008, section 97C.341, is amended to read:
18.2697C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
18.27(a) A person may not use live minnows imported from outside of the state, game
18.28fish, goldfish, or carp for bait. The commissioner may authorize use of game fish eggs as
18.29bait and prescribe restrictions on their use.
18.30(b) A person may not import or possess live, frozen, or processed bait from known
18.31waters where viral hemorrhagic septicemia has been identified as being present, except as
18.32provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic
18.33worms, amphibians, invertebrates, and insects used for angling taking wild animals.
19.1    (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
19.2be used as:
19.3    (1) fresh or frozen bait on Lake Superior; or
19.4    (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
19.5manner prescribed by rules adopted by the commissioner.

19.6    Sec. 44. [348.125] COYOTE CONFLICT MANAGEMENT OPTION.
19.7A county board may, by resolution, offer a bounty for the taking of coyotes (Canis
19.8latrans) by all legal methods. The resolution may be made applicable to the whole or any
19.9part of the county. The bounty must apply during the months specified in the resolution
19.10and be in an amount determined by the board.
19.11EFFECTIVE DATE.This section is effective the day following final enactment.

19.12    Sec. 45. LAKE FLORIDA FISHING RESTRICTIONS.
19.13The commissioner shall prohibit fishing on Lake Florida in the area surrounding
19.14the outlet and carp trap one month prior to the open season for walleye, sauger, northern
19.15pike, muskellunge, largemouth bass, and smallmouth bass, as provided under Minnesota
19.16Statutes, section 97C.395, subdivision 1, paragraph (a), clause (1).

19.17    Sec. 46. RULEMAKING; SPEARING ON CASS LAKE.
19.18The commissioner of natural resources shall amend Minnesota Rules, part
19.196264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The
19.20commissioner may use the good cause exemption under Minnesota Statutes, section
19.2114.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
19.22apply except as provided under Minnesota Statutes, section 14.388.

19.23    Sec. 47. REPEALER.
19.24Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435,
19.25subdivision 5; 97B.511; 97B.515, subdivision 3; and 97B.811, subdivision 4, are repealed.