HF 1562

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/15/2021 04:41pm

A bill for an act
relating to natural resources; modifying certain submission deadline; modifying
provisions for state park permits; prohibiting shooting at decoys from motor
vehicles; prohibiting certain insecticides on state lands; modifying blaze
requirements for clothing and ground blinds; imposing small game shot restrictions;
modifying restrictions on motorized decoys; modifying provisions for taking
turtles; appropriating money; amending Minnesota Statutes 2020, sections 84.946,
subdivision 4; 85.054, subdivision 1; 97A.475, subdivision 41; 97B.055, subdivision
2; 97B.071; 97B.207, subdivision 2; 97B.811, subdivision 4a; 97C.605,
subdivisions 1, 2c, 3; 97C.611; proposing coding for new law in Minnesota Statutes,
chapters 84; 97B; repealing Minnesota Statutes 2020, section 97C.605, subdivisions
2, 2a, 2b, 5; Minnesota Rules, part 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, 8.

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

Section 1.

Minnesota Statutes 2020, section 84.946, subdivision 4, is amended to read:

Subd. 4.

Priorities; report.

The commissioner of natural resources must establish
priorities for natural resource asset preservation and replacement projects. By deleted text begin January 15 deleted text end new text begin
March 1 new text end each year, the commissioner must submit to the commissioner of management and
budget a list of the projects that have been paid for with money from a natural resource
asset preservation and replacement appropriation during the preceding calendar year.

Sec. 2.

new text begin [84.9735] INSECTICIDES ON STATE LANDS.
new text end

new text begin A person may not use a product containing an insecticide in a wildlife management area,
state park, state forest, aquatic management area, or scientific and natural area if the
insecticide is from the neonicotinoid class of insecticides or contains chlorpyrifos.
new text end

Sec. 3.

Minnesota Statutes 2020, section 85.054, subdivision 1, is amended to read:

Subdivision 1.

State Park Open House Days.

(a) A state park permit is not required
for a motor vehicle to enter a state park, state monument, state recreation area, or state
wayside, on four days each calendar year at each park, which the commissioner shall
designate as State Park Open House Days. The commissioner may designate two consecutive
days as State Park Open House Days, if the open house is held in conjunction with a special
pageant described in section 85.052, subdivision 2.

(b) The commissioner shall announce the date of each State Park Open House Day at
least 30 days in advance of the date it occurs.

(c) The purpose of State Park Open House Days is to acquaint the public with state
parks, recreation areas, and waysides.

new text begin (d) On State Park Open House Days, registered overnight guests in state parks and state
recreation areas are exempt from the requirements for a state park permit under section
85.053 until after the camping or lodging check-out time of the following day in the park
where the overnight stay occurred.
new text end

Sec. 4.

Minnesota Statutes 2020, section 97A.475, subdivision 41, is amended to read:

Subd. 41.

Turtle deleted text begin licenses deleted text end new text begin license new text end .

deleted text begin (a) The fee for a turtle seller's license to sell turtles
and to take, transport, buy, and possess turtles for sale is $250.
deleted text end

deleted text begin (b) deleted text end The fee for a recreational turtle license to take, transport, and possess turtles for
personal use is $25.

deleted text begin (c) The fee for a turtle seller's apprentice license is $100.
deleted text end

Sec. 5.

Minnesota Statutes 2020, section 97B.055, subdivision 2, is amended to read:

Subd. 2.

Restrictions related to motor vehicles.

new text begin (a) new text end A person may not take a wild
animal with a firearm or by archery from a motor vehicle except as permitted in this section.

new text begin (b) A person may not shoot at a decoy of a wild animal that is placed by a licensed peace
officer by:
new text end

new text begin (1) discharging a firearm from a motor vehicle; or
new text end

new text begin (2) discharging an arrow from a bow from a motor vehicle.
new text end

new text begin (c) new text end Notwithstanding section 97B.091, a person may transport a bow uncased while in a
motorized watercraft and may take rough fish while in the boat as provided in section
97C.376, subdivision 3.

Sec. 6.

Minnesota Statutes 2020, section 97B.071, is amended to read:

97B.071 CLOTHING new text begin AND GROUND BLIND new text end REQUIREMENTS; BLAZE
ORANGE deleted text begin OR BLAZE PINK deleted text end .

(a) Except as provided in rules adopted under paragraph deleted text begin (c) deleted text end new text begin (d) new text end , a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange deleted text begin or blaze pink deleted text end . Blaze orange deleted text begin or blaze
pink deleted text end includes a camouflage pattern of at least 50 percent blaze orange deleted text begin or blaze pink deleted text end within
each foot square. This section does not apply to migratory-waterfowl hunters on waters of
this state or in a stationary shooting location or to trappers on waters of this state.

new text begin (b) Except as provided in rules adopted under paragraph (d) and in addition to the
requirements under paragraph (a), during the open season where deer may be taken by
firearms under applicable laws and ordinances, a person in a fabric or synthetic ground
blind on public land must have:
new text end

new text begin (1) a blaze orange safety covering on the top of the blind visible for 360 degrees around
the blind; or
new text end

new text begin (2) at least 144 square inches of blaze orange material on each side of the blind.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Except as provided in rules adopted under paragraph deleted text begin (c) deleted text end new text begin (d) new text end , and in addition to
the deleted text begin requirement deleted text end new text begin requirements new text end in deleted text begin paragraph deleted text end new text begin paragraphs new text end (a) new text begin and (b) new text end , a person may not take
small game other than turkey, migratory birds, raccoons, and predators, except while trapping,
unless a visible portion of at least one article of the person's clothing above the waist is
blaze orange deleted text begin or blaze pink deleted text end . This paragraph does not apply to a person when in a stationary
location while hunting deer by archery or when hunting small game by falconry.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner may, by rule, prescribe an alternative color in cases where
deleted text begin paragraph deleted text end new text begin paragraphs new text end (a) deleted text begin or (b) deleted text end new text begin to (c) new text end would violate the Religious Freedom Restoration Act
of 1993, Public Law 103-141.

deleted text begin (d) deleted text end new text begin (e) new text end A violation of paragraph deleted text begin (b) shall deleted text end new text begin (c) does new text end not result in a penalty, but is punishable
only by a safety warning.

Sec. 7.

Minnesota Statutes 2020, section 97B.207, subdivision 2, is amended to read:

Subd. 2.

Requirements for hunters and handlers.

(a) A person attempting to locate
and retrieve a wounded deer or bear using a dog must have a valid license to take the deer
or bear and have the license in possession. If the person is a dog handler that does not have
a valid hunting license, the person must be accompanied by a licensed hunter with the license
in possession.

(b) The licensed hunter, and any accompanying dog handler, must be on foot and must
wear blaze orange deleted text begin or blaze pink deleted text end as provided in section 97B.071, paragraph (a).

(c) Any light used must be a handheld artificial light, as defined under section 97B.081,
subdivision 3, paragraph (f).

Sec. 8.

new text begin [97B.673] NONTOXIC SHOT REQUIRED FOR TAKING SMALL GAME
IN CERTAIN AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Nontoxic shot on wildlife management areas in farmland zone. new text end

new text begin After
July 1, 2022, a person may not take small game, rails, or common snipe on any wildlife
management area within the farmland zone with shot other than:
new text end

new text begin (1) steel shot;
new text end

new text begin (2) copper-plated, nickel-plated, or zinc-plated steel shot; or
new text end

new text begin (3) shot made of other nontoxic material approved by the director of the United States
Fish and Wildlife Service.
new text end

new text begin Subd. 2. new text end

new text begin Farmland zone. new text end

new text begin For the purposes of this section, the farmland zone is the
portion of the state that falls south and west of Minnesota Highway 70 westward from the
Wisconsin border to Minnesota Highway 65 to Minnesota Highway 23 to U.S. Highway
169 at Milaca to Minnesota Highway 18 at Garrison to Minnesota Highway 210 at Brainerd
to U.S. Highway 10 at Motley to U.S. Highway 59 at Detroit Lakes northward to the
Canadian border.
new text end

Sec. 9.

Minnesota Statutes 2020, section 97B.811, subdivision 4a, is amended to read:

Subd. 4a.

Restrictions on certain motorized decoys.

deleted text begin From the opening day of the duck
season through the Saturday nearest October 8, a person may not use a motorized decoy,
or other motorized device designed to attract migratory waterfowl. deleted text end During the deleted text begin remainder
of the deleted text end duck season, the commissioner may, by rule, designate all or any portion of a wetland
or lake closed to the use of motorized decoys or motorized devices designed to attract
migratory waterfowl. deleted text begin On water bodies and lands fully contained within wildlife management
area boundaries, a person may not use motorized decoys or motorized devices designed to
attract migratory waterfowl at any time during the duck season.
deleted text end

Sec. 10.

Minnesota Statutes 2020, section 97C.605, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Resident angling license required deleted text end new text begin Taking turtles; requirements new text end .

deleted text begin In
addition to any other license required in this section, deleted text end new text begin (a) new text end A person may not take, possess,
or transport turtles without a resident angling license deleted text begin , except as provided in subdivision 2c deleted text end new text begin
and a recreational turtle license new text end .

new text begin (b) Turtles taken from the wild are for personal use only and may not be resold.
new text end

Sec. 11.

Minnesota Statutes 2020, section 97C.605, subdivision 2c, is amended to read:

Subd. 2c.

License exemptions.

new text begin (a) new text end A person does not need deleted text begin a turtle seller's license or an
angling license deleted text end new text begin the licenses specified under subdivision 1 new text end :

deleted text begin (1) when buying turtles for resale at a retail outlet;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end when buying a turtle at a retail outlet; new text begin or
new text end

deleted text begin (3) if the person is a nonresident buying a turtle from a licensed turtle seller for export
out of state. Shipping documents provided by the turtle seller must accompany each shipment
exported out of state by a nonresident. Shipping documents must include: name, address,
city, state, and zip code of the buyer; number of each species of turtle; and name and license
number of the turtle seller; or
deleted text end

deleted text begin (4) deleted text end new text begin (2) new text end to take, possess, and rent deleted text begin or sell deleted text end up to 25 turtles greater than four inches in length
for the purpose of providing the turtles to participants at a nonprofit turtle race, if the person
is a resident under age 18. The person is responsible for the well-being of the turtles.

new text begin (b) A person with an aquatic farm license with a turtle endorsement or a private fish
hatchery license with a turtle endorsement may sell, obtain, possess, transport, and propagate
turtles and turtle eggs according to Minnesota Rules, part 6256.0900, without the licenses
specified under subdivision 1.
new text end

Sec. 12.

Minnesota Statutes 2020, section 97C.605, subdivision 3, is amended to read:

Subd. 3.

Taking; methods prohibited.

deleted text begin (a) deleted text end A person may new text begin not new text end take turtles deleted text begin in any manner,
except deleted text end by deleted text begin the use of deleted text end new text begin using new text end :

(1) explosives, drugs, poisons, lime, and other harmful substances;

(2) traps deleted text begin , except as provided in paragraph (b) and rules adopted under this section deleted text end ;

(3) nets other than anglers' fish landing nets; deleted text begin or
deleted text end

(4) commercial equipment deleted text begin , except as provided in rules adopted under this section. deleted text end new text begin ;
new text end

new text begin (5) firearms and ammunition;
new text end

new text begin (6) bow and arrow or crossbow; or
new text end

new text begin (7) spears, harpoons, or any other implements that impale turtles.
new text end

deleted text begin (b) Until new rules are adopted under this section, a person with a turtle seller's license
may take turtles with a floating turtle trap that:
deleted text end

deleted text begin (1) has one or more openings above the water surface that measure at least ten inches
by four inches; and
deleted text end

deleted text begin (2) has a mesh size of not less than one-half inch, bar measure.
deleted text end

Sec. 13.

Minnesota Statutes 2020, section 97C.611, is amended to read:

97C.611 deleted text begin SNAPPING TURTLES deleted text end new text begin TURTLE SPECIES new text end ; LIMITS.

new text begin Subdivision 1. new text end

new text begin Snapping turtles. new text end

A person may not possess more than three snapping
turtles of the species Chelydra serpentina deleted text begin without a turtle seller's license deleted text end . Until new rules
are adopted under section 97C.605, a person may not take snapping turtles of a size less
than ten inches wide including curvature, measured from side to side across the shell at
midpoint. After new rules are adopted under section 97C.605, a person may only take
snapping turtles of a size specified in the adopted rules.

new text begin Subd. 2. new text end

new text begin Western painted turtles. new text end

new text begin (a) A person may not possess more than three Western
painted turtles of the species Chrysemys picta. Western painted turtles must be between 4
and 5-1/2 inches in shell length.
new text end

new text begin (b) This subdivision does not apply to persons acting under section 97C.605, subdivision
2c, clause (4).
new text end

new text begin Subd. 3. new text end

new text begin Spiny softshell. new text end

new text begin A person may not possess spiny softshell turtles of the species
Apalone spinifera after December 1, 2021, without an aquatic farm or private fish hatchery
license with a turtle endorsement.
new text end

new text begin Subd. 4. new text end

new text begin Other species. new text end

new text begin A person may not possess any other species of turtle without
an aquatic farm or private fish hatchery license with a turtle endorsement or as specified
under section 97C.605, subdivision 2c.
new text end

Sec. 14. new text begin TURTLE SELLER'S LICENSES; TRANSFER AND RENEWAL.
new text end

new text begin The commissioner of natural resources must not renew or transfer a turtle seller's license
after the effective date of this section.
new text end

Sec. 15. new text begin APPROPRIATION; NONTOXIC SHOT.
new text end

new text begin Notwithstanding Minnesota Statutes, section 297A.94, $10,000 in fiscal year 2022 is
appropriated from the heritage enhancement account in the game and fish fund to the
commissioner of natural resources for implementing nontoxic shot requirements under
Minnesota Statutes, section 97B.673.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 97C.605, subdivisions 2, 2a, 2b, and 5, new text end new text begin and new text end new text begin Minnesota
Rules, part 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, and 8, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1562-1

97C.605 TURTLES.

Subd. 2.

Turtle seller's license.

(a) A person may not take, possess, buy, or transport turtles for sale; sell turtles; or take turtles for sale using commercial equipment without a turtle seller's license, except as provided in subdivision 2c.

(b) Except for renewals, no new turtle seller's licenses may be issued after August 1, 2002.

(c) A turtle seller's license is transferable by the turtle seller licensee by making application to the commissioner. A turtle seller's license may be transferred only once under this paragraph and the transfer must be to a child of the person holding the turtle seller's license.

Subd. 2a.

Recreational turtle license.

A person who does not possess a turtle seller's license must obtain a recreational turtle license to take turtles for personal use with commercial equipment.

Subd. 2b.

Turtle seller's apprentice license.

(a) A person with a turtle seller's license may list one person as an apprentice on the license. A person acting as an apprentice for a turtle seller licensee must have an apprentice license and may assist the turtle licensee in all licensed activities.

(b) The turtle seller licensee or turtle seller's apprentice licensee must be present at all turtle operations conducted under the turtle seller's license. Turtle operations include going to and from turtle harvest locations; setting, lifting, and removing commercial turtle equipment; taking turtles out of equipment; and transporting turtles from harvest locations.

(c) A turtle seller's apprentice license is transferable by the turtle seller licensee by making application to the commissioner. A person listed as an apprentice by a turtle seller licensee must not be listed as an apprentice by another turtle seller licensee nor may an apprentice possess a turtle seller's license or a recreational turtle license.

Subd. 5.

Interfering with commercial or recreational turtle operations.

A person may not:

(1) knowingly place or maintain an obstruction that will hinder, prevent, or interfere with a licensed turtle operation;

(2) remove turtles, other wild animals, or fish from a floating or submerged trap licensed under the game and fish laws; or

(3) knowingly damage, disturb, or interfere with a licensed turtle operation.

Repealed Minnesota Rule: H1562-1

6256.0500 TAKING TURTLES.

Subp. 2.

Equipment.

Turtles may be taken by a person possessing a turtle seller's, turtle seller's apprentice, or recreational turtle license by means of floating or submerged turtle traps, turtle hooks, and other commercial fishing gear authorized by the commissioner. Traps must not exceed five feet in width, four feet in height, and eight feet in length.

Subp. 2a.

Submerged turtle traps.

Submerged traps must be constructed of either flexible webbing or wire. Flexible webbing traps must be of mesh size not less than 3-1/2 inches bar measure or seven inches stretch measure. Wire traps must be of mesh size not less than two inches by four inches bar measure and must have at least one square opening in the top panel measuring at least four inches on a side and two of the same dimension on each of the side panels near the top of the trap. A trap must be set in water shallow enough so that the top of the trap is at least level with the water surface.

Subp. 2b.

Floating turtle traps.

Floating traps must have: (1) one or more openings above the water surface that measure at least ten inches by four inches; and (2) a mesh size of not less than one-half inch bar measure.

Subp. 4.

Operation of turtle trap.

Each submerged trap must be checked and emptied at intervals not exceeding 48 hours and each floating trap must be checked and emptied at intervals not exceeding 120 hours. A turtle seller licensee or turtle seller's apprentice operating under a turtle seller's license may not operate more than 40 submerged turtle traps. A turtle seller's apprentice is not entitled to any traps in addition to those of the turtle seller. A recreational turtle licensee may not operate more than three turtle traps.

Subp. 5.

Required marking of turtle traps.

A.

When in use, each turtle trap must have affixed on it a tag of permanent material visible from above, legibly bearing the name, address, and license number of the operator. This information must be recorded in an indelible manner on the tag. The tag must be of dimensions not less than 2-1/2 inches in length by five-eighths inch in width.

B.

The commissioner shall issue 40 submerged turtle trap identification tags to a turtle seller licensee and three recreational turtle trap identification tags to a recreational turtle licensee. Tags must be attached to submerged and recreational traps at all times. Lost tags must be reported within 48 hours to the local conservation officer or the commercial fisheries program consultant. The commissioner may reissue tags upon request.

Subp. 6.

Turtles taken incidental to other operations.

Turtles listed in subpart 1 that are taken incidental to other commercial fishing operations may be possessed, transported, and sold, provided the operator is a holder of a turtle seller's license.

Subp. 7.

Required reporting by turtle seller; record keeping.

A.

A holder of a turtle seller's license must submit reports, on forms provided by the commissioner, to the address identified on the form by the tenth day of each month for the preceding month for the months of March through November, whether or not any equipment was used to take turtles.

B.

In the report required in item A, the licensee must record daily operations, including separate entries for each water body. The records must include water body location, equipment used, numbers and pounds of each species of turtles taken, numbers of each species of turtles released at that water body, and other information about the operation as specified on the form provided by the commissioner. The records must be kept current within 48 hours of the last daily operation.

C.

A license shall not be renewed until all of the licensee's monthly reports for the previous calendar year are submitted and received at the address identified on the form.

Subp. 8.

Report on buying turtles for resale.

A licensee who buys turtles for resale or for processing and resale must keep a correct and complete book record of all transactions and activities covered in the license, not inconsistent with Minnesota Statutes, section 97A.425. Copies of the shipping documents for turtles being sent out of state must be part of and included with the monthly reports required under subpart 7.