HF 1168

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/30/2016 10:23am

A bill for an act
relating to natural resources; establishing requirements for a trail; modifying
requirements governing hunting deer; authorizing a beaver season; modifying
restrictions on using artificial lights to take fish; authorizing rulemaking
relating to spearing and northern pike; authorizing distribution of certain survey
information; amending Minnesota Statutes 2014, sections 85.015, subdivision
6; 97A.465, by adding a subdivision; 97B.041; 97B.063; 97B.301, by adding
a subdivision; 97C.335; proposing coding for new law in Minnesota Statutes,
chapter 97B; repealing Minnesota Rules, part 6264.0400, subparts 27, 28.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 85.015, subdivision 6, is amended to read:

Subd. 6.

Minnesota Valley Trail, Hennepin, Dakota, Scott, Carver, Sibley and
Le Sueur Counties.

(a) The trail shall originate at Fort Snelling State Park and thence
extend generally southwesterly along the Minnesota River Valley through Hennepin,
Dakota, Scott, Carver, Sibley, and Le Sueur Counties to the city of Le Sueur, and there
terminate. The trail shall include the following state waysides: (a) Rice Lake Wayside,
in Scott County; (b) Carver Rapids Wayside, in Scott County; (c) Lawrence wayside, in
Scott county; (d) Belle Plaine Wayside, in Carver, Scott, and Sibley Counties; (e) Blakeley
Wayside, in Scott County; and (f) Rush River Wayside, in Sibley County.

(b) The trail shall be developed primarily for riding and hiking. Motorized vehicles
are prohibited from that portion of the trail on the north side of the Minnesota River, lying
between Fort Snelling State Park and Rice Lake Wayside. new text begin That portion of the trail on the
north side of the Minnesota River, lying between the Bloomington Ferry Bridge pedestrian
crossing and the Cedar Avenue Bridge, shall be an unpaved natural surface single track
trail and shall be developed primarily for hiking and off-road bicycling.
new text end

(c) In establishing, developing, maintaining, and operating the trail the commissioner
shall cooperate with local units of government and private individuals and groups
whenever feasible.

Sec. 2.

Minnesota Statutes 2014, section 97A.465, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Residents of veterans homes. new text end

new text begin (a) A resident from a Minnesota veterans
home may obtain a firearm or muzzleloader deer license during the season and take
antlerless deer without a permit in all areas of the state open during the respective regular
firearms or muzzleloader deer seasons in any permit area. This subdivision does not
authorize the taking of an antlerless deer by another member of a party under section
97B.301, subdivision 3, in an area closed to taking antlerless deer or where the number of
antlerless deer that may be taken is limited by a quota on the number of permits.
new text end

new text begin (b) A person may assist a Minnesota veterans home resident during the firearms or
muzzleloader deer season without having a deer hunting license, but the person may
not shoot a deer.
new text end

Sec. 3.

Minnesota Statutes 2014, section 97B.041, is amended to read:

97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
IN DEER ZONES.

(a) A person may not possess a firearm or ammunition outdoors during the period
beginning the fifth day before the open firearms season and ending the second day after
the close of the season within an area where deer may be taken by a firearm, except:

(1) during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area may be used to take big game
in that area if the person has a valid big game license in possession;

(2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;

(3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
or steel shot;

(4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
including .22 magnum caliber cartridges;

(5) handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and

(6) on a target range operated under a permit from the commissioner.

(b) This section does not apply during an open firearms season in an area where deer
may be taken only by muzzleloader, except that muzzle-loading firearms lawful for the
taking of deer may be possessed only by persons with a valid license to take deer by
muzzleloader during the muzzleloader season. While muzzleloader hunting, a person with
a valid license to take deer by muzzleloader may not possess a firearm other than:

(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision
1; and

(2) a firearm as described in paragraph (a), clauses (2) to (5).

new text begin (c) A first violation of paragraph (a) is punishable by a warning.
new text end

Sec. 4.

Minnesota Statutes 2014, section 97B.063, is amended to read:

97B.063 HUNTER SATISFACTION SURVEY.

The commissioner shall new text begin annually new text end administer the collection of hunter information
related to participation and satisfaction. This may include information on preferences,
values, interests, participation rates and patterns, barriers to participation, or other factors.
The data shall be collected using established social science methods. new text begin The commissioner
shall annually submit a summary of the information gathered under this section to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over environment and natural resources no
later than January 1 for the preceding fiscal year. The commissioner shall also make the
summary information available on the department's Web site.
new text end

Sec. 5.

Minnesota Statutes 2014, section 97B.301, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Residents age 84 or over may take deer of either sex. new text end

new text begin A resident age 84
or over may take a deer of either sex. This subdivision does not authorize the taking of an
antlerless deer by another member of a party under subdivision 3.
new text end

Sec. 6.

new text begin [97B.9251] BEAVER SEASON.
new text end

new text begin The commissioner may establish open seasons and restrictions for taking beaver from
9:00 a.m. on the Saturday nearest October 26 in the North Zone and from 9:00 a.m. on the
Saturday nearest October 30 in the South Zone. The seasons shall be open until May 15.
new text end

Sec. 7.

Minnesota Statutes 2014, section 97C.335, is amended to read:

97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.

(a) A person may not use artificial lights to lure or attract fish or to see fish in the
water while spearing, except that while angling or spearing, a person may:

(1) affix a lighted artificial bait with hooks attached to the end of a fishing line; or

(2) use a lighted decoy for spearing.

(b) A battery that is used in lighted fishing lures must not contain mercury.

(c) The restrictions in paragraph (a) do not apply to new text begin :
new text end

new text begin (1) a person new text end bow fishing new text begin ; or
new text end

new text begin (2) a person owning land adjacent to Rainy Lake, Rainy River, or Lake of the Woods
when taking minnows in accordance with section 97C.505 new text end .

Sec. 8. new text begin RULEMAKING; LIFTING SPEARING BANS AND NORTHERN PIKE
REGULATIONS.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts
6262.0575, subpart 9; and 6264.0400, subparts 70 and 72, to delete the language
prohibiting spearing.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 97C.007, the commissioner of
natural resources shall amend Minnesota Rules, part 6264.0400, subpart 71, to delete the
language prohibiting spearing and modify the northern pike protected slot to 26 to 40 inches.
new text end

new text begin (c) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 9. new text begin REPEALER. new text end

new text begin
Minnesota Rules, part 6264.0400, subparts 27 and 28, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end