Minnesota Legislature
SF 2674
3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to natural resources; clarifying the aquatic 1.3 life that may be raised on aquatic farms; restricting 1.4 motorized use of state forest land; requiring new 1.5 snowmobiles sold in the state to have emergency hazard 1.6 lights; temporarily removing restrictions on the 1.7 production of planting stock; modifying timber permit 1.8 and lease provisions; creating a prairie chicken 1.9 hunting license; providing for the consumption of game 1.10 at fundraising events; restricting the taking of fish 1.11 on certain waters; providing for trapper education 1.12 programs; prohibiting certain motorized decoys; 1.13 modifying provisions for using lights to locate 1.14 animals; modifying requirements for taking turtles; 1.15 modifying requirements for a firearms safety 1.16 certificate; modifying provisions relating to aquatic 1.17 plant control permits; eliminating the maximum fee for 1.18 an aquatic plant control permit; providing for 1.19 enforcement authority and restoration requirements 1.20 related to gathering or destroying aquatic plants; 1.21 eliminating certain experimental trout stream 1.22 restrictions; modifying timber sale provisions for 1.23 tax-forfeited land in St. Louis county; requiring a 1.24 study; providing criminal penalties; appropriating 1.25 money; amending Minnesota Statutes 2000, sections 1.26 17.47, subdivision 7; 84.821, by adding a subdivision; 1.27 89.36, subdivision 1; 90.151, subdivision 1; 90.162; 1.28 97A.475, subdivisions 2, 41; 97B.020; 97B.025; 1.29 97B.081, subdivision 2; 97B.601, subdivision 4; 1.30 97B.811, by adding a subdivision; 97C.025; 97C.605; 1.31 97C.611; 103G.615, subdivisions 2, 3, by adding 1.32 subdivisions; Minnesota Statutes 2001 Supplement, 1.33 section 282.04, subdivision 1; proposing coding for 1.34 new law in Minnesota Statutes, chapters 84; 97A; 97B; 1.35 repealing Minnesota Statutes 2000, sections 90.50; 1.36 97C.003. 1.37 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.38 Section 1. Minnesota Statutes 2000, section 17.47, 1.39 subdivision 7, is amended to read: 1.40 Subd. 7. [PRIVATE AQUATIC LIFE.] "Private aquatic life" 1.41 means fish, shellfish, mollusks, crustaceans, turtles, and any 2.1 other aquatic animals cultured within an aquatic farm. Private 2.2 aquatic life is the property of the aquatic farmer. 2.3 Sec. 2. [84.785] [MOTORIZED USE OF STATE FOREST LANDS 2.4 RESTRICTED.] 2.5 Subdivision 1. [RESTRICTED USE.] (a) Notwithstanding 2.6 sections 84.787 to 84.805 and 84.92 to 84.929, 30 days after the 2.7 commissioner of natural resources designates and posts 2,000 2.8 miles of motorized trails, the use of off-highway motorcycles, 2.9 as defined under section 84.787, off-road vehicles, as defined 2.10 under section 84.797, and all-terrain vehicles, as defined under 2.11 section 84.92, is prohibited on state forest land administered 2.12 by the commissioner of natural resources, except on forest roads 2.13 that are not posted as closed and on forest trails and use areas 2.14 that are specifically designated and posted by the commissioner 2.15 for that use or as provided in rules of the commissioner. 2.16 (b) If the commissioner designates and posts trails for 2.17 travel within a state forest or other forest land area before 2.18 the goal specified in paragraph (a) is achieved, the 2.19 restrictions in paragraph (a) apply to those forest lands 30 2.20 days after designation and posting. 2.21 Subd. 2. [ENVIRONMENTAL REVIEW.] Unless the commissioner 2.22 of natural resources determines that the trail or use area does 2.23 not have the potential for significant environmental effect, 2.24 before developing a trail or use area to be designated for use 2.25 by off-highway motorcycles, off-road vehicles, or all-terrain 2.26 vehicles, or before designating an existing trail for use by 2.27 off-highway motorcycles, off-road vehicles, or all-terrain 2.28 vehicles, the commissioner of natural resources shall complete 2.29 an environmental assessment worksheet and, when necessary, an 2.30 environmental impact statement according to section 116D.04. 2.31 Subd. 3. [EMERGENCY CLOSURE.] The commissioner of natural 2.32 resources shall close a trail or other areas of state forest 2.33 land for use by off-highway motorcycles, off-road vehicles, and 2.34 all-terrain vehicles for up to 30 days when the commissioner 2.35 determines that conditions exist where the operation of the 2.36 vehicles will cause significant environmental effects. 3.1 Sec. 3. Minnesota Statutes 2000, section 84.821, is 3.2 amended by adding a subdivision to read: 3.3 Subd. 3. [EMERGENCY HAZARD LIGHTS.] All snowmobiles sold 3.4 in the state that are manufactured after June 30, 2005, shall be 3.5 equipped with an emergency hazard lighting system. 3.6 Sec. 4. Minnesota Statutes 2000, section 89.36, 3.7 subdivision 1, is amended to read: 3.8 Subdivision 1. [PRODUCTION AT STATE NURSERIES.] The 3.9 commissioner of natural resources may produce tree planting 3.10 stock for the purposes of sections 89.35 to 89.39 upon any lands 3.11 under control of the commissioner which may be deemed suitable 3.12 and available therefor so far as not inconsistent with other 3.13 uses to which such lands may be dedicated by law. The 3.14 commissioner may not produce more than 10,000,000 units of 3.15 planting stock annually, after January 1, 2003. 3.16 Sec. 5. Minnesota Statutes 2000, section 90.151, 3.17 subdivision 1, is amended to read: 3.18 Subdivision 1. [ISSUANCE; EXPIRATION.] (a) Following 3.19 receipt of the down payment for state timber sold at public 3.20 auction, the commissioner shall issue a numbered permit to the 3.21 purchaser, in a form approved by the attorney general, by the 3.22 terms of which the purchaser shall be authorized to enter upon 3.23 the land, and to cut and remove the timber therein described, 3.24 according to the provisions of this chapter. The permit shall 3.25 be correctly dated and executed by the commissioner or agent and 3.26 signed by the purchaser. If a permit is not signed by the 3.27 purchaser within 60 days from the date of purchase, the permit 3.28 cancels and the down payment for timber forfeits to the state. 3.29 (b) The permit shall expire no later than five years after 3.30 the date of sale as the commissioner shall specify, and the 3.31 timber shall be cut within the time specified therein. All cut 3.32 timber, equipment, and buildings not removed from the land 3.33 within 90 days after expiration of the permit shall become the 3.34 property of the state. 3.35 (c) The commissioner may grant an additional period of time 3.36 not to exceed 120 days for the removal of cut timber, equipment, 4.1 and buildings upon receipt of such request by the permit holder 4.2 for good and sufficient reasons. The commissioner may grant a 4.3 second period of time not to exceed 120 days for the removal of 4.4 cut timber, equipment, and buildings upon receipt of a request 4.5 by the permit holder for hardship reasons only. 4.6 (d) No permit shall be issued to any person other than the 4.7 purchaser in whose name the bid was made. 4.8 Sec. 6. Minnesota Statutes 2000, section 90.162, is 4.9 amended to read: 4.10 90.162 [ALTERNATIVE TO BOND OR DEPOSIT REQUIREMENTS.] 4.11 In lieu of the bond or cash deposit equal to the value of 4.12 all timber covered by the permit required by section 90.161 or 4.13 90.173, a purchaser of state timber may, at the time of the bid4.14approval and upon payment by the purchaser to the commissioner4.15of 15 percent of the appraised value under section 90.14,elect 4.16 in writing on a form prescribed by the attorney general 4.17 toprepaygive good and valid surety to the state of Minnesota 4.18 equal to the purchase price for any designated cutting block 4.19 identified on the permit before the date the purchaser enters 4.20 upon the land to begin harvesting the timber on the designated 4.21 cutting block. 4.22 Sec. 7. [97A.434] [PRAIRIE CHICKEN LICENSES.] 4.23 Subdivision 1. [NUMBER OF LICENSES TO BE ISSUED.] If the 4.24 commissioner establishes an open season for prairie chickens 4.25 under section 97B.711, the commissioner shall also determine, by 4.26 rule, the number of licenses to be issued. 4.27 Subd. 2. [ELIGIBILITY.] Eligibility for a prairie chicken 4.28 license shall be determined by this section and by rule adopted 4.29 by the commissioner. A person is eligible for a prairie chicken 4.30 license only if the person: 4.31 (1) is a resident; and 4.32 (2) was born before January 1, 1980, or possesses a 4.33 firearms safety certificate. 4.34 Subd. 3. [APPLICATION FOR LICENSE.] An application for a 4.35 prairie chicken license must be made in a manner provided by the 4.36 commissioner and accompanied by a $4 application fee. The $4 5.1 application fee is appropriated as prescribed in Minnesota 5.2 Statutes, section 84.027, subdivision 15, paragraph (d), to pay 5.3 for costs associated with conducting the prairie chicken license 5.4 drawing. A person may not make more than one application for 5.5 each season. If a person makes more than one application, the 5.6 person is ineligible for a license for that season after 5.7 determination by the commissioner, without a hearing. 5.8 Subd. 4. [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 5.9 The commissioner may conduct a separate selection for up to 20 5.10 percent of the prairie chicken licenses to be issued for any 5.11 area. Only persons who are owners or tenants of at least 40 5.12 acres of prairie or grassland in the area, and their family 5.13 members, are eligible applicants for prairie chicken licenses 5.14 for the separate selection. The qualifying prairie or grassland 5.15 may be noncontiguous. Persons who are unsuccessful in a 5.16 separate selection must be included in the selection for the 5.17 remaining licenses. Persons who obtain a license in a separate 5.18 selection must allow public prairie chicken hunting on their 5.19 land during that prairie chicken season. 5.20 (b) The commissioner may by rule establish criteria for 5.21 determining eligible family members under this subdivision. 5.22 Sec. 8. Minnesota Statutes 2000, section 97A.475, 5.23 subdivision 2, is amended to read: 5.24 Subd. 2. [RESIDENT HUNTING.] Fees for the following 5.25 licenses, to be issued to residents only, are: 5.26 (1) for persons under age 65 to take small game, $12; 5.27 (2) for persons age 65 or over, $6; 5.28 (3) to take turkey, $18; 5.29 (4) to take deer with firearms, $25; 5.30 (5) to take deer by archery, $25; 5.31 (6) to take moose, for a party of not more than six 5.32 persons, $310; 5.33 (7) to take bear, $38; 5.34 (8) to take elk, for a party of not more than two persons, 5.35 $250; 5.36 (9) to take antlered deer in more than one zone, $50; 6.1 (10) to take Canada geese during a special season, $4;and6.2 (11) to take an antlered buck throughout the state in any 6.3 open deer season, except as restricted under section 97B.305, 6.4 $66; and 6.5 (12) to take prairie chickens, $20. 6.6 Sec. 9. Minnesota Statutes 2000, section 97A.475, 6.7 subdivision 41, is amended to read: 6.8 Subd. 41. [TURTLESELLERSLICENSES.] (a) The fee for a 6.9 turtle seller's license to sell turtles and to take, transport, 6.10purchasebuy, and possess turtles for sale is $70. 6.11 (b) The fee for a recreational turtle license to take, 6.12 transport, and possess turtles for personal use is $25. 6.13 (c) The fee for a turtle seller's apprentice license is $25. 6.14 Sec. 10. [97A.510] [GAME FOR CONSUMPTION AT FUNDRAISING 6.15 EVENTS.] 6.16 (a) Nonprofit organizations may charge a fee for admission 6.17 to fundraising events when lawfully taken and possessed game, 6.18 excluding migratory game birds, as defined in the Code of 6.19 Federal Regulations, title 50, section 20.11, that cannot be 6.20 sold under federal law, is donated to the organization and is 6.21 served for consumption on the premises where the fundraising 6.22 event is held. 6.23 (b) Game donated to the nonprofit organization must be 6.24 marked as provided in section 97A.505, subdivision 4. The game 6.25 donated to a nonprofit organization and stored by the 6.26 organization is considered to be in the possession of the person 6.27 making the donation, and is subject to inspection as provided in 6.28 section 97A.215, subdivision 1. As provided in section 97A.505, 6.29 subdivision 5, a license is not required for the nonprofit 6.30 organization to possess or transport the donated game. 6.31 (c) The nonprofit organization must keep records of the 6.32 game donated to the organization, and the records must be 6.33 available for inspection for two years from the date of the 6.34 fundraising event. The records must show: 6.35 (1) the names and addresses of persons donating the game; 6.36 (2) the license number or possession permit number under 7.1 which the game was lawfully taken or possessed; and 7.2 (3) the date, location, and purpose of the fundraising 7.3 event that utilized the donation. 7.4 Sec. 11. Minnesota Statutes 2000, section 97B.020, is 7.5 amended to read: 7.6 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 7.7 (a) Except as provided in this section, a person born after 7.8 December 31, 1979, may not obtain an annual license to take wild 7.9 animals by firearms unless the person has a firearms safety 7.10 certificate or equivalent certificate, driver's license or 7.11 identification card with a valid firearms safety qualification 7.12 indicator issued under section 171.07, subdivision 13,previous7.13hunting license,or other evidence indicating that the person 7.14 has completed in this state or in another state a hunter safety 7.15 course recognized by the department under a reciprocity 7.16 agreement. A person who is on active duty and has successfully 7.17 completed basic training in the United States armed forces, 7.18 reserve component, or national guard may obtain a hunting 7.19 license or approval authorizing hunting regardless of whether 7.20 the person is issued a firearms safety certificate. 7.21 (b) A person born after December 31, 1979, may not use a 7.22 lifetime license to take wild animals by firearms, unless the 7.23 person meets the requirements for obtaining an annual license 7.24 under paragraph (a). 7.25 Sec. 12. Minnesota Statutes 2000, section 97B.025, is 7.26 amended to read: 7.27 97B.025 [HUNTER AND TRAPPER EDUCATION.] 7.28 (a) The commissioner may establish education courses for 7.29 hunters and trappers. The commissioner shall collect a fee from 7.30 each person attending a course. The commissioner shall 7.31 establish a fee that neither significantly over recovers nor 7.32 under recovers costs, including overhead costs, involved in 7.33 providing the services. The fee is not subject to the 7.34 rulemaking provisions of chapter 14 and section 14.386 does not 7.35 apply. The fees shall be deposited in the game and fish fund 7.36 and the amount thereof is appropriated annually to the 8.1 enforcement division of the department of natural resources for 8.2 the administration of the program. In addition to the fee 8.3 established by the commissioner, instructors may charge each 8.4 person up to the established fee amount for class materials and 8.5 expenses. School districts may cooperate with the commissioner 8.6 and volunteer instructors to provide space for the classroom 8.7 portion of the training. 8.8 (b) The commissioner shall enter into an agreement with a 8.9 statewide nonprofit trappers association to conduct a trapper 8.10 education program. At a minimum, the program must include at 8.11 least six hours of classroom and in the field training. The 8.12 program must include a review of state trapping laws and 8.13 regulations, trapping ethics, the setting and tending of traps 8.14 and snares, tagging and registration requirements, and the 8.15 preparation of pelts. The association shall be responsible for 8.16 all costs of conducting the education program, and shall not 8.17 charge any fee for attending the course. After March 1, 2005, 8.18 all persons under the age of 18 and all persons who have not 8.19 previously obtained a trapping license must complete a trapper 8.20 education program before they may obtain a trapping license. 8.21 Sec. 13. Minnesota Statutes 2000, section 97B.081, 8.22 subdivision 2, is amended to read: 8.23 Subd. 2. [WITHOUT FIREARMS.] (a) Between the hours of 8.24 10:00 p.m. and 6:00 a.m. from September 1 to December 31, a 8.25 person may not cast the rays of a spotlight, headlight, or other 8.26 artificial light in a field, woodland, or forest to spot, 8.27 locate, or take a wild animal except to take raccoons under 8.28 section 97B.621, subdivision 3, or to tend traps under section 8.29 97B.931. 8.30 (b) Between one-half hour after sunset until sunrise, a 8.31 person may not cast the rays of a spotlight, headlight, or other 8.32 artificial light to spot, locate, or take a wild animal on 8.33 fenced, agricultural land containing cattle that is marked with 8.34 signs prohibiting the shining of lights. The signs must: 8.35 (1) display reflectorized letters that are at least two 8.36 inches in height and state "no shining" or similar terms; and 9.1 (2) be placed at intervals of 1,000 feet or less along the 9.2 boundary of the area. 9.3 (c) It is not a violation ofthis subdivisionparagraph (a) 9.4 or (b) for a person to carry out any agricultural, occupational, 9.5 or recreational practice, including snowmobiling that is not 9.6 related to spotting, locating, or taking a wild animal. 9.7 (d) Between the hours of 6:00 p.m. and 6:00 a.m., a person 9.8 may not project a spotlight or other hand-held light from a 9.9 moving motor vehicle being operated on land, except for the 9.10 following purposes: 9.11 (1) safety; 9.12 (2) emergency response; 9.13 (3) normal vehicle operations; or 9.14 (4) performing an occupational duty. 9.15 Sec. 14. Minnesota Statutes 2000, section 97B.601, 9.16 subdivision 4, is amended to read: 9.17 Subd. 4. [EXCEPTION TO LICENSE REQUIREMENTS.] (a) A 9.18 resident under age 16 may take small game without a small game 9.19 license, and a resident under age 13 may trap without a trapping 9.20 license, as provided in section 97A.451, subdivision 3. 9.21 (b) A person may take small game without a small game 9.22 license on land occupied by the person as a principal residence. 9.23 (c) An owner or occupant may take certain small game 9.24 causing damage without a small game or trapping license as 9.25 provided in section 97B.655. 9.26 (d) A person may use dogs to pursue and tree raccoons under 9.27 section 97B.621, subdivision 2, during the closed season without 9.28 a license. 9.29 (e) A person may take a turkey or a prairie chicken without 9.30 a small game license. 9.31 Sec. 15. [97B.716] [PRAIRIE CHICKENS.] 9.32 Subdivision 1. [LICENSE REQUIRED.] A person may not take a 9.33 prairie chicken without a prairie chicken license. 9.34 Subd. 2. [TAGGING AND REGISTRATION.] The commissioner may 9.35 by rule prescribe requirements for the tagging and registration 9.36 of prairie chickens. 10.1 Subd. 3. [LIMITED NUMBER OF PRAIRIE CHICKEN HUNTERS.] The 10.2 commissioner may establish a method, including a drawing, to 10.3 impartially select persons eligible to take prairie chickens in 10.4 an area. Preference must be given to persons who have 10.5 previously applied in the general selection but have not been 10.6 selected. 10.7 Sec. 16. Minnesota Statutes 2000, section 97B.811, is 10.8 amended by adding a subdivision to read: 10.9 Subd. 4a. [PROHIBITION ON CERTAIN MOTORIZED DECOYS.] A 10.10 person may not use a motorized decoy on public waters with 10.11 visible, moving parts that are above the water surface to take 10.12 migratory waterfowl, other than geese. 10.13 Sec. 17. Minnesota Statutes 2000, section 97C.025, is 10.14 amended to read: 10.15 97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 10.16 AREAS.] 10.17 (a) The commissioner may prohibitfishingor restrict the 10.18 taking of fish or the operation of motorboats by posting waters 10.19 that: 10.20 (1) are designated as spawning beds or fish preserves;or10.21 (2) are being used by the commissioner for fisheries 10.22 research or management activities; or 10.23 (3) are licensed by the commissioner as a private fish 10.24 hatchery or aquatic farm under section 97C.211, subdivision 1, 10.25 or 17.4984, subdivision 1. 10.26 An area may be posted under this paragraph if necessary to 10.27 prevent excessive depletion of fish or interference with 10.28 fisheries research or management activities or private fish 10.29 hatchery or aquatic farm operations. 10.30 (b) The commissioner will consider the following criteria 10.31 in determining if waters licensed under a private fish hatchery 10.32 or aquatic farm should be posted under paragraph (a): 10.33 (1) the waters contain game fish brood stock that are vital 10.34 to the private fish hatchery or aquatic farm operation; 10.35 (2) game fish are present in the licensed waters only as a 10.36 result of aquaculture activities by the licensee; and 11.1 (3) no public access to the waters existed when the waters 11.2 were first licensed. 11.3 A private fish hatchery or aquatic farm licensee may not take 11.4 fish or authorize others to take fish in licensed waters that 11.5 are posted under paragraph (a), except as provided in section 11.6 17.4983, subdivision 3, and except that if waters are posted to 11.7 allow the taking of fish under special restrictions, licensees 11.8 and others who can legally access the waters may take fish under 11.9 those special restrictions. 11.10(b)(c) Except as provided inparagraph (c)paragraphs (b) 11.11 and (d), a person may not take fish or operate a motorboat if 11.12 prohibited by posting under paragraph (a). 11.13(c)(d) An owner of riparian land adjacent to an area 11.14 posted under paragraph (a) may operate a motorboat through the 11.15 area by the shortest direct route at a speed of not more than 11.16 five miles per hour. 11.17 Sec. 18. Minnesota Statutes 2000, section 97C.605, is 11.18 amended to read: 11.19 97C.605 [TURTLES.] 11.20 Subdivision 1. [RESIDENT ANGLING LICENSE REQUIRED.] In 11.21 addition to any other license required in this section, a person 11.22 may not take, possess, or transport turtles withoutana 11.23 resident angling license, except as provided in subdivision22c. 11.24 Subd. 2. [TURTLE SELLER'S LICENSE.] (a) A person may not 11.25 take, possess, buy, or transport, or purchaseturtles for sale; 11.26 sell turtles; or take turtles for sale using commercial 11.27 equipment without a turtle seller's license, except as provided 11.28 inthissubdivision 2c. 11.29 (b) Except for renewals, no new turtle seller's licenses 11.30 may be issued after August 1, 2002. 11.31 Subd. 2a. [RECREATIONAL TURTLE LICENSE.] A person who does 11.32 not possess a turtle seller's license must obtain a recreational 11.33 turtle license to take turtles for personal use with commercial 11.34 equipment. 11.35 Subd. 2b. [TURTLE SELLER'S APPRENTICE LICENSE.] (a) A 11.36 person with a turtle seller's license may list one person as an 12.1 apprentice on the license. A person acting as an apprentice for 12.2 a turtle seller licensee must have an apprentice license and may 12.3 assist the turtle licensee in all licensed activities. 12.4 (b) Except as provided in subdivision 2d, the turtle seller 12.5 licensee or turtle seller's apprentice licensee must be present 12.6 at all turtle operations conducted under the turtle seller's 12.7 license. Turtle operations include going to and from turtle 12.8 harvest locations; setting, lifting, and removing commercial 12.9 turtle equipment; taking turtles out of equipment; and 12.10 transporting turtles from harvest locations. 12.11 (c) A turtle seller's apprentice license is transferable by 12.12 the turtle seller licensee by making application to the 12.13 commissioner. A person listed as an apprentice by a turtle 12.14 seller licensee must not be listed as an apprentice by another 12.15 turtle seller licensee nor may an apprentice possess a turtle 12.16 seller's license or a recreational turtle license. 12.17 Subd. 2c. [LICENSE EXEMPTIONS.] A person does not need a 12.18 turtle seller's license or an angling license: 12.19 (1) when buying turtles for resale at a retail outlet; 12.20 (2) when buying a turtle at a retail outlet; or 12.21 (3) if the person is a nonresident buying a turtle from a 12.22 licensed turtle seller for export out of state. Shipping 12.23 documents provided by the turtle seller must accompany each 12.24 shipment exported out of state by a nonresident. Shipping 12.25 documents must include: name, address, city, state, and zip 12.26 code of the buyer; number of each species of turtle; and name 12.27 and license number of the turtle seller. 12.28 Subd. 2d. [LICENSED SPOUSE; AUTHORIZATION.] A person 12.29 holding a turtle seller's license may tend the commercial turtle 12.30 equipment of the person's spouse, without the spouse being 12.31 present, provided the spouse holds a separate license under 12.32 section 97A.475, subdivision 41, paragraph (a). 12.33 Subd. 3. [TAKING; METHODS PROHIBITED.] (a)Except as12.34allowed in paragraph (b),A person may take turtles in any 12.35 manner, except by the use of: 12.36 (1) explosives, drugs, poisons, lime, and other harmful 13.1 substances; 13.2 (2) traps, except as provided in paragraph (b) and rules 13.3 adopted under this section;or13.4 (3) nets other than anglers' fish landing nets; or 13.5 (4) commercial equipment, except as provided in rules 13.6 adopted under this section. 13.7 (b) Until new rules are adopted under this section, a 13.8 person with a turtle seller's license may take turtles with a 13.9 floating turtle trap that: 13.10 (1) has one or more openings above the water surface that 13.11 measure at least ten inches by four inches; and 13.12 (2) has a mesh size of not less than one-half inch, bar 13.13 measure. 13.14The commissioner may prescribe additional regulations for taking13.15turtles for sale.13.16Subd. 4. [ARTIFICIAL LIGHTS.] The commissioner may issue13.17permits to take turtles with the use of artificial lights in13.18designated waters.13.19 Subd. 5. [INTERFERENCE WITH COMMERCIAL OR RECREATIONAL 13.20 TURTLE OPERATIONS.] A person may not: 13.21 (1) knowingly place or maintain an obstruction that will 13.22 hinder, prevent, or interfere with a licensed turtle operation; 13.23 (2) remove turtles, other wild animals, or fish from a 13.24 floating or submerged trap licensed under the game and fish 13.25 laws; or 13.26 (3) knowingly damage, disturb, or interfere with a licensed 13.27 turtle operation. 13.28 Subd. 6. [RULES.] The commissioner may adopt rules for 13.29 taking turtles. The commissioner may prescribe seasons, limits, 13.30 closed areas, and other restrictions and requirements the 13.31 commissioner deems necessary for the conservation of turtles. 13.32 Rules adopted under this section may not contain a requirement 13.33 for a person holding a turtle seller's license to maintain a 13.34 daily log on the location of commercial turtle equipment. 13.35 Sec. 19. Minnesota Statutes 2000, section 97C.611, is 13.36 amended to read: 14.1 97C.611 [SNAPPING TURTLES; LIMITS.] 14.2 A person may not possess more than three snapping turtles 14.3 of the species Chelydra serpentina without a turtle seller's 14.4 license. Until new rules are adopted under section 97C.605, a 14.5 person may not take snapping turtles of a size less than ten 14.6 inches wide including curvature, measured from side to side 14.7 across the shell at midpoint. After new rules are adopted under 14.8 section 97C.605, a person may only take snapping turtles of a 14.9 size specified in the adopted rules. 14.10 Sec. 20. Minnesota Statutes 2000, section 103G.615, 14.11 subdivision 2, is amended to read: 14.12 Subd. 2. [FEES.] (a) The commissioner shall establish a 14.13 fee schedule for permits toharvestcontrol aquatic plants other 14.14 than wild rice,byorder, after holding a public hearingrule. 14.15 The feesmay not exceed $200 per permitmust be based upon the 14.16 cost of receiving, processing, analyzing, and issuing the 14.17 permit, and additional costs incurred after the application to 14.18 inspect and monitor the activities authorized by the permit. 14.19 (b) The fee for a permit for chemical treatment of rooted 14.20 aquatic vegetation may not exceed $20 for each contiguous parcel 14.21 of shoreline owned by an owner.This fee may not be charged for14.22permits issued in connection with lakewide Eurasian water14.23milfoil control programs.For off-shore chemical treatments, 14.24 whole lake treatments, or chemical treatments adjacent to 14.25 publicly owned shoreline the permit fee is $20. 14.26 (c) A fee may not be charged to the state or a federal 14.27 governmental agency applying for a permit. 14.28 (d) The money received for the permits under this 14.29 subdivision shall be deposited in the treasury and credited to 14.30 the game and fish fund. 14.31 Sec. 21. Minnesota Statutes 2000, section 103G.615, 14.32 subdivision 3, is amended to read: 14.33 Subd. 3. [PERMIT STANDARDS.] (a) The commissioner shall, 14.34 by rule, prescribe standards to issue and deny permits under 14.35 this section. The standards must ensure that aquatic plant 14.36 control is consistent with shoreland conservation ordinances, 15.1 lake management plans and programs, and wild and scenic river 15.2 plans. 15.3 (b) The commissioner shall not issue a new permit for the 15.4 use of pesticides for aquatic plant control below the ordinary 15.5 high-water level of public waters, unless the commissioner 15.6 determines that control of the aquatic plants is consistent with 15.7 subdivision 1, paragraph (a), clause (3), and rules adopted 15.8 under paragraph (a), and that: 15.9 (1) nonpesticide options will not be effective in 15.10 controlling the aquatic plants and the permittee will minimize 15.11 the environmental impact from the pesticide application; 15.12 (2) effective nonpesticide options for control will be more 15.13 harmful to the environment; or 15.14 (3) the application of pesticides under the permit will be 15.15 more cost effective in control of the aquatic plants and will 15.16 result in minimal environmental harm. 15.17 Sec. 22. Minnesota Statutes 2000, section 103G.615, is 15.18 amended by adding a subdivision to read: 15.19 Subd. 4. [ENFORCEMENT AUTHORITY AND RESTORATION 15.20 REQUIREMENTS.] (a) The commissioner may make findings and issue 15.21 an order to a person to stop gathering, harvesting, planting or 15.22 transplanting, or destroying aquatic vegetation or organisms in 15.23 public waters without a permit issued under this section or in 15.24 violation of the terms of an issued permit. 15.25 (b) In the same or a separate findings and order, the 15.26 commissioner may require restoration or replacement of the 15.27 aquatic vegetation lost as a result of the unauthorized 15.28 activities, to the condition existing before the unlawful 15.29 activities were undertaken. An order for restoration or 15.30 replacement must state with specificity the work that is 15.31 necessary to comply with the order and must specify a date by 15.32 which the work must be completed. 15.33 (c) The person or entity to whom the order is issued may 15.34 request a review of the order by the commissioner within 30 days 15.35 of receipt of written notice by filing a written request for 15.36 review. If the written request is not submitted within 30 days, 16.1 the restoration or replacement order becomes final. The 16.2 commissioner shall review the request and supporting evidence 16.3 and render a decision within 60 days of the request for review. 16.4 (d) If the person or entity wishes to appeal the decision 16.5 of the commissioner after review under paragraph (c), a written 16.6 request must be filed with the commissioner within 30 days for a 16.7 contested case hearing under chapter 14. A bond, as provided in 16.8 subdivision 5, must accompany the demand for a hearing. The 16.9 bond and demand for hearing must be filed 30 days after the 16.10 person is served with a copy of the decision of the commissioner 16.11 on review. 16.12 (e) If the person or entity to whom the decision of the 16.13 commissioner on review is addressed does not demand a contested 16.14 case hearing under chapter 14 or demands a hearing but fails to 16.15 file the required bond: 16.16 (1) the commissioner's order becomes final at the end of 30 16.17 days after the person is served with the decision of the 16.18 commissioner on review; and 16.19 (2) the person may not appeal the order. 16.20 Sec. 23. Minnesota Statutes 2000, section 103G.615, is 16.21 amended by adding a subdivision to read: 16.22 Subd. 5. [BOND FOR DEMANDING PUBLIC HEARING.] (a) A person 16.23 or entity filing a demand for a public hearing, under 16.24 subdivision 4, must execute and file a corporate surety bond or 16.25 equivalent security to the state of Minnesota, to be approved by 16.26 the commissioner and in an amount and form determined by the 16.27 commissioner. The bond or security must be conditioned to pay 16.28 the costs of the hearing to the extent described in subdivision 16.29 6 if the commissioner's findings and order are affirmed without 16.30 material modification. 16.31 (b) A bond or security is not required of a public 16.32 authority that demands a public hearing. 16.33 (c) The commissioner may waive the requirement for a bond 16.34 or other security. 16.35 Sec. 24. Minnesota Statutes 2000, section 103G.615, is 16.36 amended by adding a subdivision to read: 17.1 Subd. 6. [HEARING COSTS.] (a) Except as provided in 17.2 paragraph (b), the costs of a hearing must be paid as prescribed 17.3 by chapter 14 and the chief administrative law judge. 17.4 (b) If the commissioner's order is affirmed without 17.5 material modification, the appellant must pay the following 17.6 costs, up to $750: 17.7 (1) costs of the stenographic record and transcript; and 17.8 (2) rental costs, if any, of the place where the hearing is 17.9 held. 17.10 Sec. 25. Minnesota Statutes 2000, section 103G.615, is 17.11 amended by adding a subdivision to read: 17.12 Subd. 7. [MISDEMEANOR.] A violation of an order issued 17.13 under this section is a misdemeanor. 17.14 Sec. 26. Minnesota Statutes 2001 Supplement, section 17.15 282.04, subdivision 1, is amended to read: 17.16 Subdivision 1. [TIMBER SALES; LAND LEASES AND USES.] (a) 17.17 The county auditor may sell timber upon any tract that may be 17.18 approved by the natural resources commissioner. Such sale of 17.19 timber shall be made for cash at not less than the appraised 17.20 value determined by the county board to the highest bidder after 17.21 not less than one week's published notice in an official paper 17.22 within the county. Any timber offered at such public sale and 17.23 not sold may thereafter be sold at private sale by the county 17.24 auditor at not less than the appraised value thereof, until such 17.25 time as the county board may withdraw such timber from sale. 17.26 The appraised value of the timber and the forestry practices to 17.27 be followed in the cutting of said timber shall be approved by 17.28 the commissioner of natural resources. 17.29 (b) Payment of the full sale price of all timber sold on 17.30 tax-forfeited lands shall be made in cash at the time of the 17.31 timber sale, except in the case of oral or sealed bid auction 17.32 sales, the down payment shall be no less than 15 percent of the 17.33 appraised value, and the balance shall be paid prior to entry. 17.34 In the case of auction sales that are partitioned and sold as a 17.35 single sale with predetermined cutting blocks, the down payment 17.36 shall be no less than 15 percent of the appraised price of the 18.1 entire timber sale which may be held until the satisfactory 18.2 completion of the sale or applied in whole or in part to the 18.3 final cutting block. The value of each separate block must be 18.4 paid in full before any cutting may begin in that block. With 18.5 the permission of the county administrator the purchaser may 18.6 enter unpaid blocks and cut necessary timber incidental to 18.7 developing logging roads as may be needed to log other blocks 18.8 provided that no timber may be removed from an unpaid block 18.9 until separately scaled and paid for. 18.10 (c) The county board may require final settlement on the 18.11 basis of a scale of cut products. Any parcels of land from 18.12 which timber is to be sold by scale of cut products shall be so 18.13 designated in the published notice of sale above mentioned, in 18.14 which case the notice shall contain a description of such 18.15 parcels, a statement of the estimated quantity of each species 18.16 of timber thereon and the appraised price of each specie of 18.17 timber for 1,000 feet, per cord or per piece, as the case may 18.18 be. In such cases any bids offered over and above the appraised 18.19 prices shall be by percentage, the percent bid to be added to 18.20 the appraised price of each of the different species of timber 18.21 advertised on the land. The purchaser of timber from such 18.22 parcels shall pay in cash at the time of sale at the rate bid 18.23 for all of the timber shown in the notice of sale as estimated 18.24 to be standing on the land, and in addition shall pay at the 18.25 same rate for any additional amounts which the final scale shows 18.26 to have been cut or was available for cutting on the land at the 18.27 time of sale under the terms of such sale. Where the final 18.28 scale of cut products shows that less timber was cut or was 18.29 available for cutting under terms of such sale than was 18.30 originally paid for, the excess payment shall be refunded from 18.31 the forfeited tax sale fund upon the claim of the purchaser, to 18.32 be audited and allowed by the county board as in case of other 18.33 claims against the county. No timber, except hardwood pulpwood, 18.34 may be removed from such parcels of land or other designated 18.35 landings until scaled by a person or persons designated by the 18.36 county board and approved by the commissioner of natural 19.1 resources. Landings other than the parcel of land from which 19.2 timber is cut may be designated for scaling by the county board 19.3 by written agreement with the purchaser of the timber. The 19.4 county board may, by written agreement with the purchaser and 19.5 with a consumer designated by the purchaser when the timber is 19.6 sold by the county auditor, and with the approval of the 19.7 commissioner of natural resources, accept the consumer's scale 19.8 of cut products delivered at the consumer's landing. No timber 19.9 shall be removed until fully paid for in cash. Small amounts of 19.10 timber not exceeding $3,000 in appraised valuation may be sold 19.11 for not less than the full appraised value at private sale to 19.12 individual persons without first publishing notice of sale or 19.13 calling for bids, provided that in case of such sale involving a 19.14 total appraised value of more than $200 the sale shall be made 19.15 subject to final settlement on the basis of a scale of cut 19.16 products in the manner above provided and not more than two such 19.17 sales, directly or indirectly to any individual shall be in 19.18 effect at one time. 19.19 (d) As directed by the county board, the county auditor may 19.20 lease tax-forfeited land to individuals, corporations or 19.21 organized subdivisions of the state at public or private vendue, 19.22 and at such prices and under such terms as the county board may 19.23 prescribe, for use as cottage and camp sites and for 19.24 agricultural purposes and for the purpose of taking and removing 19.25 of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt 19.26 therefrom, and for garden sites and other temporary uses 19.27 provided that no leases shall be for a period to exceed ten 19.28 years; provided, further that any leases involving a 19.29 consideration of more than $12,000 per year, except to an 19.30 organized subdivision of the state shall first be offered at 19.31 public sale in the manner provided herein for sale of timber. 19.32 Upon the sale of any such leased land, it shall remain subject 19.33 to the lease for not to exceed one year from the beginning of 19.34 the term of the lease. Any rent paid by the lessee for the 19.35 portion of the term cut off by such cancellation shall be 19.36 refunded from the forfeited tax sale fund upon the claim of the 20.1 lessee, to be audited and allowed by the county board as in case 20.2 of other claims against the county. 20.3 (e) As directed by the county board, the county auditor may 20.4 lease tax-forfeited land to individuals, corporations, or 20.5 organized subdivisions of the state at public or private vendue, 20.6 at such prices and under such terms as the county board may 20.7 prescribe, for the purpose of taking and removing for use for 20.8 road construction and other purposes tax-forfeited stockpiled 20.9 iron-bearing material. The county auditor must determine that 20.10 the material is needed and suitable for use in the construction 20.11 or maintenance of a road, tailings basin, settling basin, dike, 20.12 dam, bank fill, or other works on public or private property, 20.13 and that the use would be in the best interests of the public. 20.14 No lease shall exceed ten years. The use of a stockpile for 20.15 these purposes must first be approved by the commissioner of 20.16 natural resources. The request shall be deemed approved unless 20.17 the requesting county is notified to the contrary by the 20.18 commissioner of natural resources within six months after 20.19 receipt of a request for approval for use of a stockpile. Once 20.20 use of a stockpile has been approved, the county may continue to 20.21 lease it for these purposes until approval is withdrawn by the 20.22 commissioner of natural resources. 20.23 (f) The county auditor, with the approval of the county 20.24 board is authorized to grant permits, licenses, and leases to 20.25 tax-forfeited lands for the depositing of stripping, lean ores, 20.26 tailings, or waste products from mines or ore milling plants, 20.27 upon such conditions and for such consideration and for such 20.28 period of time, not exceeding 15 years, as the county board may 20.29 determine; said permits, licenses, or leases to be subject to 20.30 approval by the commissioner of natural resources. 20.31 (g) Any person who removes any timber from tax-forfeited 20.32 land before said timber has been scaled and fully paid for as 20.33 provided in this subdivision is guilty of a misdemeanor. 20.34 (h) The county auditor may, with the approval of the county 20.35 board, and without first offering at public sale, grant leases, 20.36 for a term not exceeding 25 years, for the removal of peat from 21.1 tax-forfeited lands upon such terms and conditions as the county 21.2 board may prescribe. Any lease for the removal of peat from 21.3 tax-forfeited lands must first be reviewed and approved by the 21.4 commissioner of natural resources if the lease covers 320 or 21.5 more acres. No lease for the removal of peat shall be made by 21.6 the county auditor pursuant to this section without first 21.7 holding a public hearing on the auditor's intention to lease. 21.8 One printed notice in a legal newspaper in the county at least 21.9 ten days before the hearing, and posted notice in the courthouse 21.10 at least 20 days before the hearing shall be given of the 21.11 hearing. 21.12 (i) Notwithstanding any provision of paragraph (c) to the 21.13 contrary, the St. Louis county auditor may, at the discretion of 21.14 the county board, sell timber to the party who bids the highest 21.15 price for all the several kinds of timber, as provided for sales 21.16 by the commissioner of natural resources under section 90.14. 21.17 Bids offered over and above the appraised price need not be 21.18 applied proportionately to the appraised price of each of the 21.19 different species of timber. 21.20 Sec. 27. [EFFECT ON ADMINISTRATIVE RULES.] 21.21 Notwithstanding Minnesota Statutes, section 14.05, 21.22 subdivision 1, the repeal by amendment of the rule authorization 21.23 in Minnesota Statutes, section 97C.605, subdivision 3, in this 21.24 act does not repeal existing rules authorized under that 21.25 subdivision. The existing rules remain in effect under the new 21.26 subdivision 6 of Minnesota Statutes, section 97C.605, until 21.27 modified by the commissioner of natural resources. 21.28 Sec. 28. [PERMIT FEE CHANGES.] 21.29 Notwithstanding Minnesota Statutes, section 16A.1283, by 21.30 March 1, 2003, the commissioner of natural resources shall amend 21.31 the fee schedule authorized in section 20 to remove the maximum 21.32 permit fee of $200. The fee changes shall apply to all permits 21.33 issued after February 28, 2003. 21.34 Sec. 29. [AQUATIC PLANT CONTROL PERMIT PROGRAM REVIEW 21.35 PROPOSAL.] 21.36 By October 15, 2002, the commissioner of natural resources 22.1 must submit a proposal to the governor and members of the 22.2 legislative fiscal and policy committees with jurisdiction over 22.3 natural resources to review the aquatic plant control permit 22.4 program, under Minnesota Statutes, section 103G.615. 22.5 Sec. 30. [STUDY AND REPORT.] 22.6 The commissioner of natural resources must review Minnesota 22.7 Statutes 2000, sections 84.029, 84A.55, and 85.04, and the 22.8 February 2002 operational order on natural resources officers, 22.9 and analyze the citation authority for nonconservation officers 22.10 and how that differs from conservation officer authority 22.11 generally under the jurisdiction of the commissioner. Included 22.12 in the review must be an analysis of citations given and 22.13 proposed to be given by any employee under the commissioner. A 22.14 report on the study's findings must be given to the house of 22.15 representatives and senate chairs of the environmental and 22.16 natural resources policy and the crime prevention committees by 22.17 January 15, 2003. 22.18 Sec. 31. [REPEALER.] 22.19 Minnesota Statutes 2000, sections 90.50; and 97C.003, are 22.20 repealed. 22.21 Sec. 32. [EFFECTIVE DATE.] 22.22 Sections 7, 8, 14, and 15 are effective March 1, 2003. 22.23 Sections 4, 17, and 26 are effective the day following final 22.24 enactment.