HF 3547

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying aquatic farm and invasive species
provisions; authorizing certain fees; modifying horse pass requirements;
modifying report requirements for game and fish fund; providing for wildlife
disease management; modifying disposition of pheasant habitat improvement
account; modifying wild turkey management account; modifying hunting
and fishing licensing and taking provisions; requiring reports; providing for
rulemaking; appropriating money; amending Minnesota Statutes 2006, sections
17.4981; 84.027, subdivision 15; 84D.10, subdivision 2; 84D.13, subdivision 4;
85.46, subdivision 1; 97A.015, by adding a subdivision; 97A.045, subdivision
11; 97A.055, subdivision 4b; 97A.075, subdivisions 4, 5; 97A.311, subdivision
5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434, subdivision 2;
97A.435, subdivision 4; 97A.451, subdivision 4, by adding a subdivision;
97A.475, subdivision 5; 97A.485, subdivision 6; 97A.535, subdivision 1;
97B.015, subdivision 5; 97B.041; 97B.106, subdivision 1; 97B.211, subdivision
1; 97B.301, subdivision 6, by adding a subdivision; 97B.405; 97B.431; 97B.621,
subdivision 3; 97B.711, subdivision 1; 97B.721; 97C.001, subdivision 3;
97C.005, subdivision 3; 97C.205; 97C.315, subdivision 1; 97C.355, subdivisions
4, 7, 7a; 97C.371, subdivision 4, by adding a subdivision; 97C.395, subdivision
1; 97C.865, subdivision 2; Minnesota Statutes 2007 Supplement, sections
17.4984, subdivision 1; 97A.055, subdivision 4; 97A.405, subdivision 2;
97A.441, subdivision 7; 97A.451, subdivision 3; 97A.475, subdivisions 2, 3, 7,
11, 12, 16; 97B.031, subdivision 1; 97B.035, subdivision 1a; 97B.036; 97B.328;
97C.355, subdivisions 2, 8; proposing coding for new law in Minnesota Statutes,
chapter 97C; repealing Minnesota Statutes 2006, section 97A.411, subdivision 2;
Minnesota Rules, parts 6232.0200, subpart 4; 6232.0300, subpart 4; 6234.0100,
subpart 4.

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

Section 1.

Minnesota Statutes 2006, section 17.4981, is amended to read:

17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC
FARMS.

new text begin (a) new text end Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life
is not wildlife. Aquatic farms must be licensed and given classifications to prevent or
minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:

(1) prevent public aquatic life from entering an aquatic farm;

(2) prevent release of nonindigenous or exotic species into public waters without
approval of the commissioner;

(3) protect against release of disease pathogens to public waters;

(4) protect existing natural aquatic habitats and the wildlife dependent on them; and

(5) protect private aquatic life from unauthorized taking or harvest.

new text begin (b) new text end Private aquatic life that is legally acquired and possessed is an article of interstate
commerce and may be restricted only as necessary to protect state fish and water resources.

new text begin (c) The commissioner of natural resources shall report to the legislature, in
odd-numbered years, the proposed license and other fees that would make aquaculture
self-sustaining. The fees shall not cover the costs of other programs. The commissioner
shall encourage fish farming in man-made ponds and develop best management practices
for aquaculture to ensure the long-term sustainability of the program.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 17.4984, subdivision 1, is
amended to read:

Subdivision 1.

License required.

(a) A person or entity may not operate an aquatic
farm without first obtaining an aquatic farm license from the commissioner.

(b) Applications for an aquatic farm license must be made on forms provided by
the commissioner.

(c) Licenses are valid for five years and are transferable upon notification to the
commissioner.

(d) The commissioner shall issue an aquatic farm license on payment of the required
license fee under section 17.4988.

(e) A license issued by the commissioner is not a determination of private property
rights, but is only based on a determination that the licensee does not have a significant
detrimental impact on the public resource.

(f) By January 15, 2008, the commissioner shall report to the senate and house
of representatives committees on natural resource policy and finance on policy
recommendations regarding aquaculture.

new text begin (g) The commissioner shall not issue or renew a license to raise minnows in a natural
water body if the natural water body is the subject of a protective easement or other
interest in land that was acquired with funding from federal waterfowl stamp proceeds
or migratory waterfowl stamp proceeds under section 97A.075, subdivision 2, or if the
natural water body was the subject of any other development, restoration, maintenance, or
preservation project funded under section 97A.075, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 84.027, subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

(a) The commissioner may receive an
application for, sell, and issue any license, stamp, permit, pass, sticker, duplicate safety
training certification, registration, or transfer under the jurisdiction of the commissioner
by electronic means, including by telephone. Notwithstanding section 97A.472, electronic
and telephone transactions may be made outside of the state. The commissioner may:

(1) provide for the electronic transfer of funds generated by electronic transactions,
including by telephone;

(2) assign an identification number to an applicant who purchases a hunting or
fishing license or recreational vehicle registration by electronic means, to serve as
temporary authorization to engage in the activity requiring a license or registration until
the license or registration is received or expires;

(3) charge and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees and an
additional transaction fee not to exceed $3.50;

(4) new text begin charge and permit agents to charge a fee not to exceed $3.50 of individuals who
use electronic bank cards for payment. An electronic licensing system agent charging
a fee of individuals making an electronic card transaction in person must post a sign
informing individuals of the fee. The sign must be near the point of payment, clearly
visible, and include the amount of the fee;
new text end

new text begin (5) new text end establish, by written order, an electronic licensing system commission to be
paid by revenues generated from all sales made through the electronic licensing system.
The commissioner shall establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the electronic licensing
system; and

deleted text begin (5) deleted text end new text begin (6) new text end adopt rules to administer the provisions of this subdivision.

(b) The fees established under paragraph (a), deleted text begin clause deleted text end new text begin clauses new text end (3) new text begin and (4) new text end , and
the commission established under paragraph (a), clause deleted text begin (4) deleted text end new text begin (5) new text end , are not subject to the
rulemaking procedures of chapter 14 and section 14.386 does not apply.

(c) Money received from fees and commissions collected under this subdivision,
including interest earned, is annually appropriated from the game and fish fund and the
natural resources fund to the commissioner for the cost of electronic licensing.

Sec. 4.

Minnesota Statutes 2006, section 84D.10, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

Unless otherwise prohibited by law, a person may place into
the waters of the state a watercraft or trailer with aquatic macrophytes:

(1) that are duckweeds in the family Lemnaceae;

(2) for purposes of shooting or observation blinds new text begin attached in or on watercraft new text end in
amounts sufficient for that purpose, if the aquatic macrophytes are emergent and cut
above the waterline;

(3) that are wild rice harvested under section 84.091; or

(4) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season.

Sec. 5.

Minnesota Statutes 2006, section 84D.13, subdivision 4, is amended to read:

Subd. 4.

Warnings; civil citations.

After appropriate training, conservation
officers, other licensed peace officers, and other department personnel designated by the
commissioner may issue warnings or citations to a person who:

(1) unlawfully transports prohibited invasive species or aquatic macrophytes;

(2) unlawfully places or attempts to place into waters of the state a trailer, a
watercraft, or plant harvesting equipment that has new text begin aquatic macrophytes or new text end prohibited
invasive species attached;

(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian water milfoil;

(4) fails to drain water, as required by rule, from watercraft and equipment before
leaving designated zebra mussel, spiny water flea, or other invasive plankton infested
waters; or

(5) transports infested water, in violation of rule, off riparian property.

Sec. 6.

Minnesota Statutes 2006, section 85.46, subdivision 1, is amended to read:

Subdivision 1.

Pass in possession.

new text begin (a) Except as provided in paragraph (b), new text end while
riding, leading, or driving a horse on horse trails and associated day use areas on state
trails, in state parks, in state recreation areas, and in state forests, a person 16 years of age
or over shall carry in immediate possession deleted text begin and visibly display on person or horse tack, deleted text end
a valid horse trail pass. The pass must be available for inspection by a peace officer, a
conservation officer, or an employee designated under section 84.0835.

new text begin (b) A valid horse pass is not required under this section for a person riding, leading,
or driving a horse only on the portion of a horse trail that is owned by the person or the
person's spouse, child, or parent.
new text end

Sec. 7.

Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 44a. new text end

new text begin Shelter. new text end

new text begin "Shelter" means any structure set on the ice of state waters
to provide shelter.
new text end

Sec. 8.

Minnesota Statutes 2006, section 97A.045, subdivision 11, is amended to read:

Subd. 11.

Power to prevent or control wildlife disease.

(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.

(b) The commissioner shall restrict wildlife feeding new text begin in, and new text end within a deleted text begin 15-mile radius
of a cattle herd that is infected with bovine deleted text end new text begin 30-mile radius of, a new text end tuberculosis new text begin management
zone, as identified by the commissioner new text end .

(c) The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision 13.

Sec. 9.

Minnesota Statutes 2007 Supplement, section 97A.055, subdivision 4, is
amended to read:

Subd. 4.

Game and fish annual reports.

(a) By December 15 each year,
the commissioner shall submit to the legislative committees having jurisdiction over
appropriations and the environment and natural resources reports on each of the following:

(1) the amount of revenue from the following and purposes for which expenditures
were made:

(i) the small game license surcharge under section 97A.475, subdivision 4;

(ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision
5, clause (1);

(iii) the trout and salmon stamp under section 97A.475, subdivision 10;

(iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2);

(v) the deleted text begin turkey stamp deleted text end new text begin wild turkey management account new text end under section deleted text begin 97A.475,
subdivision 5, clause (3) deleted text end new text begin 97A.075, subdivision 5 new text end ; and

(vi) the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a;

(2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;

(3) money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;

(4) outcome goals for the expenditures from the game and fish fund; and

(5) summary and comments of citizen oversight committee reviews under
subdivision 4b.

(b) The report must include the commissioner's recommendations, if any, for
changes in the laws relating to the stamps and surcharge referenced in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 10.

Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight subcommittees.

(a) The commissioner shall appoint
subcommittees of affected persons to review the reports prepared under subdivision 4;
review the proposed work plans and budgets for the coming year; propose changes
in policies, activities, and revenue enhancements or reductions; review other relevant
information; and make recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following subcommittees, each comprised
of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp funding;

(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and turkey stamp funding and
excluding review of the amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);

(4) an Ecological Services Operations Subcommittee to review ecological services
funding;

(5) a subcommittee to review game and fish fund funding of enforcement, support
services, and Department of Natural Resources administration;

(6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;

(8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants; and

(9) a subcommittee to review the report on the deleted text begin turkey stamp deleted text end new text begin wild turkey management
account new text end and address funding issues related to wild turkeys.

(c) The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an annual
report to the legislature; recommend changes on a broad level in policies, activities, and
revenue enhancements or reductions; provide a forum to address issues that transcend the
subcommittees; and submit a report for any subcommittee that fails to submit its report
in a timely manner.

(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house committees with jurisdiction over natural
resources finance.

(e) Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may not
be the chair of any of the subcommittees.

(f) The Budgetary Oversight Committee must make recommendations to the
commissioner and to the senate and house committees with jurisdiction over natural
resources finance for outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 11.

Minnesota Statutes 2006, section 97A.075, subdivision 4, is amended to read:

Subd. 4.

Pheasant stamp.

(a) Ninety percent of the revenue from pheasant stamps
must be credited to the pheasant habitat improvement account. Money in the account
may be used only for:

(1) the development, restoration, and maintenance of suitable habitat for ringnecked
pheasants on public and private land including the establishment of nesting cover, winter
cover, and reliable food sources;

(2) reimbursement of landowners for setting aside lands for pheasant habitat;

(3) reimbursement of expenditures to provide pheasant habitat on public and private
land;

(4) the promotion of pheasant habitat development and maintenance, including
promotion and evaluation of government farm program benefits for pheasant habitat; and

(5) the acquisition of lands suitable for pheasant habitat management and public
hunting.

(b) Money in the account may not be used for:

(1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
paragraph (a), clause (4); or

(2) any personnel costs, except that prior to July 1, deleted text begin 2009 deleted text end new text begin 2019 new text end , personnel may be
hired to provide technical and promotional assistance for private landowners to implement
conservation provisions of state and federal programs.

Sec. 12.

Minnesota Statutes 2006, section 97A.075, subdivision 5, is amended to read:

Subd. 5.

Turkey deleted text begin stamps deleted text end new text begin account new text end .

(a) deleted text begin Ninety percent of the revenue from
turkey stamps deleted text end new text begin $4.50 from each turkey license sold new text end must be credited to the wild turkey
management account. Money in the account may be used only for:

(1) the development, restoration, and maintenance of suitable habitat for wild
turkeys on public and private land including forest stand improvement and establishment
of nesting cover, winter roost area, and reliable food sources;

(2) acquisitions of, or easements on, critical wild turkey habitat;

(3) reimbursement of expenditures to provide wild turkey habitat on public and
private land;

(4) trapping and transplantation of wild turkeys; and

(5) the promotion of turkey habitat development and maintenance, population
surveys and monitoring, and research.

(b) Money in the account may not be used for:

(1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
or to specific promotional or evaluative activities under paragraph (a), clause (5); or

(2) any permanent personnel costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 13.

Minnesota Statutes 2006, section 97A.311, subdivision 5, is amended to read:

Subd. 5.

Refunds.

(a) The commissioner may issue a refund on a license, not
including any issuing fees paid under section 97A.485, subdivision 6, if:

(1) the licensee dies before the opening of the licensed season. The original license
and a copy of the death certificate must be provided to the commissioner; deleted text begin or
deleted text end

(2) the licensee is unable to participate in the licensed activity because the licensee is
called to active military duty or military leave is canceled during the entire open season of
the licensed activity. The original license and a copy of the military orders or notice of
cancellation of leave must be provided to the commissioner new text begin ; or
new text end

new text begin (3) the licensee purchased two identical licenses for the same license season in error new text end .

(b) This subdivision does not apply to lifetime licenses.

Sec. 14.

Minnesota Statutes 2007 Supplement, section 97A.405, subdivision 2, is
amended to read:

Subd. 2.

Personal possession.

(a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.

(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license, state
identification card, or other form of identification provided by the commissioner, if the
license has been sold to the person by electronic means but the actual license has not been
issued and received. A person charged with violating the license possession requirement
shall not be convicted if the person produces in court or the office of the arresting officer,
the actual license previously issued to that person, which was valid at the time of arrest,
or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
request of a conservation officer or peace officer, a licensee shall write the licensee's name
in the presence of the officer to determine the identity of the licensee.

(c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.

(d) A license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
deleted text begin turkey, deleted text end migratory waterfowl, pheasant, or trout and salmon stamp shall be provided to the
licensee after purchase of a stamp validation only if the licensee pays an additional $2
fee. new text begin A pictorial turkey stamp may be purchased for a $2 fee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 15.

Minnesota Statutes 2006, section 97A.431, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

Persons eligible for a moose license shall be determined
under this section and commissioner's rule. A person is eligible for a moose license only
if the person:

(1) is a resident; new text begin and
new text end

deleted text begin (2) is at least age 16 before the season opens; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end has not been issued a moose license deleted text begin for any of the last five seasons or deleted text end after
January 1, 1991.

Sec. 16.

Minnesota Statutes 2006, section 97A.433, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

Persons eligible for an elk license shall be determined under this
section and commissioner's rule. A person is eligible for an elk license only if the person:

(1) is a resident; new text begin and
new text end

deleted text begin (2) is at least age 16 before the season opens; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end has never been issued an elk license.

Sec. 17.

Minnesota Statutes 2006, section 97A.434, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

Eligibility for a prairie chicken license shall be determined by
this section and by rule adopted by the commissioner. A person is eligible for a prairie
chicken license only if the person deleted text begin :
deleted text end

deleted text begin (1) deleted text end is a resident deleted text begin ; and
deleted text end

deleted text begin (2) was born before January 1, 1980, or possesses a firearms safety certificate deleted text end .

Sec. 18.

Minnesota Statutes 2006, section 97A.435, subdivision 4, is amended to read:

Subd. 4.

Separate selection of eligible licensees.

(a) The commissioner may
conduct a separate selection for up to 20 percent of the turkey licenses to be issued for
any area. Only persons who are owners or tenants of and who live on at least 40 acres
of land in the area, and their family members, are eligible applicants for turkey licenses
for the separate selection. The qualifying land may be noncontiguous. Persons who are
unsuccessful in a separate selection must be included in the selection for the remaining
licenses. Persons who obtain a license in a separate selection must allow public turkey
hunting on their land during that turkey season. A license issued under this subdivision is
restricted to the permit area where the qualifying land is located.

(b) The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.

new text begin (c) The commissioner shall presume that an applicant under this subdivision is
eligible in order to ensure the timely processing of applications. An applicant that
knowingly makes a false statement or a license agent that knowingly issues a license to an
ineligible person is subject to the penalty provisions under section 97A.311.
new text end

Sec. 19.

Minnesota Statutes 2007 Supplement, section 97A.441, subdivision 7, is
amended to read:

Subd. 7.

Owners or tenants of agricultural land.

(a) The commissioner may issue,
without a fee, a license to take an antlerless deer to a deleted text begin person deleted text end new text begin resident new text end who is an owner or
tenant of at least 80 acres of agricultural land, as defined in section 97B.001, in deer
permit areas that have deer archery licenses to take additional deer under section 97B.301,
subdivision 4. A person may receive only one license per year under this subdivision.
For properties with co-owners or cotenants, only one co-owner or cotenant may receive
a license under this subdivision per year. The license issued under this subdivision is
restricted to land leased for agricultural purposes or owned by the holder of the license
within the permit area where the qualifying land is located. The holder of the license may
transfer the license to the holder's spouse or dependent. Notwithstanding sections 97A.415,
subdivision 1, and 97B.301, subdivision 2, the holder of the license may purchase an
additional license for taking deer and may take an additional deer under that license.

(b) A person who obtains a license under paragraph (a) must allow public deer
hunting on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license issued under
section 97A.475, subdivision 2, clauses (4) and (13).

Sec. 20.

Minnesota Statutes 2007 Supplement, section 97A.451, subdivision 3, is
amended to read:

Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 deleted text begin may
not deleted text end new text begin must new text end obtain a small game license deleted text begin but may deleted text end new text begin in order to new text end take small game by firearms
or bow and arrow without deleted text begin a license deleted text end new text begin paying the applicable fees under section 97A.475,
subdivisions 2, 4, and 5, new text end if the resident is:

(1) age 14 or 15 and possesses a firearms safety certificate;

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;

(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or

(4) age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping license. A resident
under age 13 may trap without a trapping license, but may not register fisher, otter,
bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat,
or pine marten taken by a resident under age five must be included in the limit of the
accompanying parent or guardian.

(c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.

Sec. 21.

Minnesota Statutes 2006, section 97A.451, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Persons deleted text end new text begin Residents new text end under age 16; big game.

A deleted text begin person deleted text end new text begin resident new text end under the
age of 16 may deleted text begin not obtain a license to deleted text end take big game deleted text begin unless the person possesses a firearms
safety certificate. A person under the age of 14 must be accompanied by a parent or
guardian to hunt big game. deleted text end new text begin by firearms or bow and arrow if the resident obtains a license
to take big game and is:
new text end

new text begin (1) age 14 or 15 and possesses a firearms safety certificate;
new text end

new text begin (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;
new text end

new text begin (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a big game license that was not obtained using
an apprentice hunter validation;
new text end

new text begin (4) age 12 and is accompanied by a parent or guardian. A resident age 12 or under
is not required to possess a firearms safety certificate under section 97B.020 to take big
game; or
new text end

new text begin (5) age 10 or 11 and is under the direct supervision of a parent or guardian where the
parent is within immediate reach and the youth obtains a license without paying the fee.
new text end

Sec. 22.

Minnesota Statutes 2006, section 97A.451, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Nonresidents under age 16; big game. new text end

new text begin (a) A nonresident under age
16 may obtain a big game license at the applicable resident fee under section 97A.475,
subdivision 2, if the nonresident is:
new text end

new text begin (1) age 14 or 15 and possesses a firearms safety certificate;
new text end

new text begin (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;
new text end

new text begin (3) age 12 and is accompanied by a parent or guardian. A nonresident age 12
or under is not required to possess a firearms safety certificate under section 97B.020
to take big game; or
new text end

new text begin (4) age 10 or 11 and is under the direct supervision of a parent or guardian where the
parent is within immediate reach.
new text end

Sec. 23.

Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 2, is
amended to read:

Subd. 2.

Resident hunting.

Fees for the following licenses, to be issued to residents
only, are:

(1) for persons age 18 or over and under age 65 to take small game, $12.50;

(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;

(3) new text begin for persons age 18 or over new text end to take turkey, deleted text begin $18 deleted text end new text begin $23 new text end ;

new text begin (4) for persons under age 18 to take turkey, $12;
new text end

deleted text begin (4) deleted text end new text begin (5) new text end for persons age 18 or over to take deer with firearms, $26;

deleted text begin (5) deleted text end new text begin (6) new text end for persons age 18 or over to take deer by archery, $26;

deleted text begin (6) deleted text end new text begin (7) new text end to take moose, for a party of not more than six persons, $310;

deleted text begin (7) deleted text end new text begin (8) new text end to take bear, $38;

deleted text begin (8) deleted text end new text begin (9) new text end to take elk, for a party of not more than two persons, $250;

deleted text begin (9) deleted text end new text begin (10) new text end multizone license to take antlered deer in more than one zone, $52;

deleted text begin (10) deleted text end new text begin (11) new text end to take Canada geese during a special season, $4;

deleted text begin (11) deleted text end new text begin (12) new text end all season license to take three deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;

deleted text begin (12) deleted text end new text begin (13) all-firearm season license to take two deer throughout the state in any open
firearms deer season, except as restricted under section 97B.305, $52; new text end

new text begin (14) new text end to take prairie chickens, $20;

deleted text begin (13) deleted text end new text begin (15) new text end for persons at least age 12 and under age 18 to take deer with firearms
during the new text begin muzzle-loader season or during the new text end regular firearms season in any open zone
or time period, $13; and

deleted text begin (14) deleted text end new text begin (16) new text end for persons at least age 12 and under age 18 to take deer by archery, $13.

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to clause (3) is effective March 1, 2009.
new text end

Sec. 24.

Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 3, is
amended to read:

Subd. 3.

Nonresident hunting.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) for persons age 18 and older to take small game, $73;

(2) for persons age 18 and older to take deer with firearms, $135;

(3) for persons age 18 and older to take deer by archery, $135;

(4) to take bear, $195;

(5) new text begin for persons age 18 and older new text end to take turkey, deleted text begin $73 deleted text end new text begin $78 new text end ;

new text begin (6) for persons under age 18 to take turkey, $12;
new text end

deleted text begin (6) deleted text end new text begin (7) new text end to take raccoon or bobcat, $155;

deleted text begin (7) deleted text end new text begin (8) new text end multizone license to take antlered deer in more than one zone, $270;

deleted text begin (8) deleted text end new text begin (9) new text end to take Canada geese during a special season, $4;

deleted text begin (9) deleted text end new text begin (10) new text end for persons at least age 12 and under age 18 to take deer with firearms
during the new text begin muzzle-loader season or during the new text end regular firearms season in any open zone
or time period, $13; and

deleted text begin (10) deleted text end new text begin (11) new text end for persons at least age 12 and under age 18 to take deer by archery, $13.

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to deleted text begin (7) deleted text end new text begin (5), (7), and (8) new text end . An additional commission may not be
assessed on this surcharge.

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to paragraph (a), clause (5), is effective
March 1, 2009.
new text end

Sec. 25.

Minnesota Statutes 2006, section 97A.475, subdivision 5, is amended to read:

Subd. 5.

Hunting stamps.

Fees for the following stamps and stamp validations are:

(1) migratory waterfowl stamp, $7.50; new text begin and
new text end

(2) pheasant stamp, $7.50 deleted text begin ; and
deleted text end

deleted text begin (3) turkey stamp validation, $5 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 26.

Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 7, is
amended to read:

Subd. 7.

Nonresident fishing.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) to take fish by angling, $37.50;

(2) to take fish by angling limited to seven consecutive days selected by the licensee,
$26.50;

(3) to take fish by angling for a 72-hour period selected by the licensee, $22;

(4) to take fish by angling for a combined license for a family for one or both parents
and dependent children under the age of 16, $50.50;

(5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; deleted text begin and
deleted text end

(6) to take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, $38.50 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) to take fish by spearing from a dark house, $37.50.
new text end

(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clause (5). An additional commission may not be assessed
on this surcharge.

Sec. 27.

Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 11,
is amended to read:

Subd. 11.

Fish houses deleted text begin and deleted text end new text begin , new text end dark houses new text begin , or shelters new text end ; residents.

Fees for the
following licenses new text begin for a resident new text end are:

(1) annual for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $11.50;

(2) annual for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is rented, $26;

(3) three-year for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $34.50; and

(4) three-year for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is rented, $78.

Sec. 28.

Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 12,
is amended to read:

Subd. 12.

Fish houses new text begin , dark houses, or shelters new text end ; nonresident.

Fees for fish house new text begin ,
dark house, or shelter new text end licenses for a nonresident are:

(1) annual, $33;

(2) seven consecutive days, $19; and

(3) three-year, $99.

Sec. 29.

Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 16,
is amended to read:

Subd. 16.

Resident new text begin bear new text end hunting deleted text begin guides deleted text end new text begin outfitters new text end .

new text begin (a) new text end The fee for a resident new text begin
bear hunting outfitter new text end license deleted text begin to guide bear hunters deleted text end is $82.50 and is available only to
a Minnesota resident individual.

new text begin (b) The fee for a resident master bear hunting outfitter license is $165. The fee to
add an additional person under the license is $82.50 per person.
new text end

Sec. 30.

Minnesota Statutes 2006, section 97A.485, subdivision 6, is amended to read:

Subd. 6.

Licenses to be sold and issuing fees.

(a) Persons authorized to sell
licenses under this section must issue the following licenses for the license fee and the
following issuing fees:

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

(2) Minnesota sporting, the issuing fee is $1; and

(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;

(4) for a stamp new text begin validation new text end that is not issued simultaneously with a license, an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;

(5) for deleted text begin stamps deleted text end new text begin stamp validations new text end issued simultaneously with a license, there is no fee;

(6) for licenses, seals, tags, or coupons issued without a fee under section 97A.441
or 97A.465, an issuing fee of 50 cents may be charged at the discretion of the authorized
seller;

(7) for lifetime licenses, there is no fee; and

(8) for all other licenses, permits, renewals, or applications or any other transaction
through the electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of 50 cents may be charged at the discretion
of the authorized seller.

(b) deleted text begin An issuing fee may not be collected for issuance of a trout and salmon stamp if
a stamp validation is issued simultaneously with the related angling or sporting license. deleted text end
Only one issuing fee may be collected when selling more than one deleted text begin trout and salmon deleted text end stamp
in the same transaction after the end of the season for which the stamp was issued.

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

(d) The commissioner shall collect the issuing fee on licenses sold by the
commissioner.

(e) A license, except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the licenses.

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The commissioner may issue one-day angling licenses in books of ten licenses
each to fishing guides operating charter boats upon receipt of payment of all license
fees, excluding the issuing fee required under this section. Copies of sold and unsold
licenses shall be returned to the commissioner. The commissioner shall refund the charter
boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
maintained by the commissioner for one year.

Sec. 31.

Minnesota Statutes 2006, section 97A.535, subdivision 1, is amended to read:

Subdivision 1.

Tags required.

(a) A person may not possess or transport deer,
bear, elk, or moose taken in the state unless a tag is attached to the carcass in a manner
prescribed by the commissioner. The commissioner must prescribe the type of tag that has
the license number of the owner, the year of its issue, and other information prescribed by
the commissioner.

(b) The tag deleted text begin and the license deleted text end must be validated at the site of the kill as prescribed by
the commissioner.

(c) Except as otherwise provided in this section, the tag must be attached to the
deer, bear, elk, or moose at the site of the kill before the animal is removed from the
site of the kill.

(d) The tag must remain attached to the animal until the animal is processed for
storage.

(e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the
kill without attaching the validated tag to the animal only while in the act of manually
or mechanically dragging, carrying, or carting the animal across the ground and while
possessing the validated tag on their person. A motor vehicle may be used to drag the
animal across the ground. At all other times, the validated tag must be attached to the
deer, bear, elk, or moose:

(1) as otherwise provided in this section; and

(2) prior to the animal being placed onto and transported on a motor vehicle, being
hung from a tree or other structure or device, or being brought into a camp or yard or
other place of habitation.

Sec. 32.

Minnesota Statutes 2006, section 97B.015, subdivision 5, is amended to read:

Subd. 5.

Firearms safety certificate.

The commissioner shall issue a firearms
safety certificate to a person that satisfactorily completes the required course of instruction.
A person must be at least age 11 to take the firearms safety course and may receive a
firearms safety certificate, but the certificate is not valid for hunting until the new text begin year the
new text end person reaches age 12. A person who is age 11 and has a firearms safety certificate may
purchase a deleted text begin deer, bear, turkey, or prairie chicken deleted text end license new text begin to take big game new text end that will deleted text begin become deleted text end
new text begin be new text end valid deleted text begin when deleted text end new text begin for hunting during the entire regular season for which the license is valid if
new text end the person deleted text begin reaches deleted text end new text begin will reach new text end age 12 new text begin during that calendar year new text end . A firearms safety certificate
issued to a person under age 12 by another state as provided in section 97B.020 is not
valid for hunting in Minnesota until the person reaches age 12. The form and content of
the firearms safety certificate shall be prescribed by the commissioner.

Sec. 33.

Minnesota Statutes 2007 Supplement, section 97B.031, subdivision 1, is
amended to read:

Subdivision 1.

Firearms and ammunition that may be used to take big game.

deleted text begin (a) deleted text end
A person may take big game with a firearm only if:

(1) the rifle, shotgun, and handgun used is a caliber of at least deleted text begin .23 deleted text end new text begin .22 new text end inches new text begin and
with centerfire ignition new text end ;

(2) the firearm is loaded only with single projectile ammunition;

(3) a projectile used is a caliber of at least deleted text begin .23 deleted text end new text begin .22 new text end inches and has a soft point or is
an expanding bullet type;

deleted text begin (4) the ammunition has a case length of at least 1.285 inches;
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end the deleted text begin muzzle-loader deleted text end new text begin muzzleloader new text end used is incapable of being loaded at the
breech;

deleted text begin (6) deleted text end new text begin (5) new text end the smooth-bore deleted text begin muzzle-loader deleted text end new text begin muzzleloader new text end used is a caliber of at least
.45 inches; and

deleted text begin (7) deleted text end new text begin (6) new text end the rifled deleted text begin muzzle-loader deleted text end new text begin muzzleloader new text end used is a caliber of at least .40 inches.

deleted text begin (b) Notwithstanding paragraph (a), clause (4), a person may take big game with a
ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum
cartridge, a .50 A. E. (Action Express) handgun cartridge, or a 56-46 Spencer, 56-50
Spencer, or 56-56 Spencer cartridge.
deleted text end

Sec. 34.

Minnesota Statutes 2007 Supplement, section 97B.035, subdivision 1a,
is amended to read:

Subd. 1a.

Minimum draw weight.

A bow used to take big game new text begin or turkey new text end must
have a pull that meets or exceeds 30 pounds at or before full draw.

Sec. 35.

Minnesota Statutes 2007 Supplement, section 97B.036, is amended to read:

97B.036 CROSSBOW HUNTING DURING FIREARMS deleted text begin DEER deleted text end SEASON.

Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer new text begin ,
bear, or turkey new text end by crossbow during the new text begin respective new text end regular firearms deleted text begin deer season deleted text end new text begin seasons new text end .
The transportation requirements of section 97B.051 apply to crossbows during the regular
firearms deer new text begin , bear, or turkey new text end season. Crossbows must meet the requirements of section
97B.106, subdivision 2. A person taking deer new text begin , bear, or turkey new text end by crossbow under this
section must have a valid firearms deleted text begin deer deleted text end license new text begin to take the respective game new text end .

Sec. 36.

Minnesota Statutes 2006, section 97B.041, is amended to read:

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

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 deleted text begin and only short, long, and long rifle cartridges that are caliber
of .22 inches deleted text end new text begin containing only .17 caliber rimfire cartridges, .22 short, long, or long rifle
cartridges, or .22 magnum caliber cartridges new text end ;

(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.

This section does not apply during an open firearms season in an area where deer
may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
taking of deer may be possessed only by persons with a valid license to take deer by
muzzleloader during that season.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end

Sec. 37.

Minnesota Statutes 2006, section 97B.106, subdivision 1, is amended to read:

Subdivision 1.

Qualifications for crossbow permits.

(a) The commissioner may
issue a special permit, without a fee, to take big game, small game, or rough fish with a
crossbow to a person that is unable to hunt or take rough fish by archery because of a
permanent or temporary physical disability. new text begin A crossbow permit issued under this section
also allows the permittee to use a bow with a mechanical device that draws, releases, or
holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
new text end

(b) To qualify for a crossbow permit under this section, a temporary disability
must render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made. The permanent or temporary disability must
be established by medical evidence, and the inability to hunt or fish by archery for the
required period of time must be verified in writing by a licensed physician or chiropractor.

(c) The person must obtain the appropriate license.

Sec. 38.

Minnesota Statutes 2006, section 97B.211, subdivision 1, is amended to read:

Subdivision 1.

Possession of firearms prohibited.

deleted text begin Except when hunting bear, deleted text end A
person may not take deleted text begin big game deleted text end new text begin deer new text end by archery while in possession of a firearm.

Sec. 39.

Minnesota Statutes 2006, section 97B.301, subdivision 6, is amended to read:

Subd. 6.

Residents new text begin or nonresidents new text end under age 18 may take deer of either sex.

A resident new text begin or nonresident new text end under the age of 18 may take a deer of either sex except in
those antlerless permit areas and seasons where no antlerless permits are offered. In
antlerless permit areas where no antlerless permits are offered, the commissioner may
provide a limited number of youth either sex permits to residents new text begin or nonresidents new text end under
age 18, under the procedures provided in section 97B.305, and may give preference to
residents new text begin or nonresidents new text end under the age of 18 that have not previously been selected.
This subdivision does not authorize the taking of an antlerless deer by another member
of a party under subdivision 3.

Sec. 40.

Minnesota Statutes 2006, section 97B.301, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin All-firearm season deer license. new text end

new text begin (a) A resident may obtain an all-firearm
season deer license that authorizes the resident to hunt during the regular firearms and
muzzle-loader seasons. The all-firearm season license is valid for taking two deer, no
more than one of which may be a legal buck.
new text end

new text begin (b) The all-firearm season deer license is valid for taking antlerless deer as prescribed
by the commissioner.
new text end

new text begin (c) The commissioner shall issue two tags when issuing a license under this
subdivision.
new text end

Sec. 41.

Minnesota Statutes 2007 Supplement, section 97B.328, is amended to read:

97B.328 BAITING PROHIBITED.

new text begin Subdivision 1. new text end

new text begin Hunting with aid of bait or feed prohibited. new text end

deleted text begin (a) deleted text end A person may
not hunt deer:

(1) with the aid or use of bait new text begin or feed new text end ; new text begin or
new text end

(2) in the vicinity of bait new text begin or feed new text end if the person knows or has reason to know that
bait new text begin or feed new text end is present deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) in the vicinity of where the person has placed bait or caused bait to be placed
within the previous ten days.
deleted text end

deleted text begin (b) This restriction does not apply to:
deleted text end

new text begin Subd. 2. new text end

new text begin Removal of bait. new text end

new text begin An area is considered baited for ten days after the
complete removal of all bait or feed.
new text end

new text begin Subd. 3. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "bait or feed" includes grains,
fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer and
that has been placed by a person. Liquid scents, salt, and minerals are not bait or feed.
new text end

deleted text begin (1) deleted text end Food resulting from normal or accepted farming, forest management, wildlife
food plantings, orchard management, or other similar land management activities deleted text begin ; or deleted text end new text begin is
not bait or feed unless it has been placed by a person.
new text end

new text begin Subd. 4. new text end

new text begin Exception for bait or feed on adjacent land. new text end

deleted text begin (2) deleted text end A person new text begin otherwise
in compliance with this section who is new text end hunting on deleted text begin the person's own deleted text end new text begin private or public
new text end property deleted text begin , when deleted text end new text begin that is adjacent to property where bait or feed is present is not in violation
of this section if new text end the person has not participated in, been involved with, or agreed to
new text begin baiting or new text end feeding wildlife on new text begin the new text end adjacent deleted text begin land owned by another person deleted text end new text begin property new text end .

Sec. 42.

Minnesota Statutes 2006, section 97B.405, is amended to read:

97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.

new text begin (a) new text end The commissioner may limit the number of persons that may hunt bear in an
area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
The commissioner may establish, by rule, a method, including a drawing, to impartially
select the hunters for an area. The commissioner shall give preference to hunters that have
previously applied and have not been selected.

new text begin (b) In the case of a drawing, the commissioner shall allow a person to apply for a
permit in more than one area at the same time and rank the person's choice of area. A
person applying for a permit shall submit the applicable license fee under section 97A.475
with the application. If a person is not selected for a bear hunting permit, the person may
elect to have the license fee refunded or held and applied to a future license or permit.
new text end

Sec. 43.

Minnesota Statutes 2006, section 97B.431, is amended to read:

97B.431 BEAR HUNTING deleted text begin GUIDES deleted text end new text begin OUTFITTERS new text end .

new text begin (a) new text end A person may not place bait for bear, or guide hunters to take bear, for
compensation without a bear hunting deleted text begin guide deleted text end new text begin outfitter new text end license. A bear hunting deleted text begin guide deleted text end new text begin outfitter new text end
is not required to have a license to take bear unless the deleted text begin guide deleted text end new text begin outfitter new text end is attempting
to shoot a bear. The commissioner shall adopt rules for qualifications for issuance and
administration of the licenses.

new text begin (b) The commissioner shall establish a resident master bear hunting outfitter license
under which one person serves as the bear hunting outfitter and one other person is eligible
to guide and bait bear. Additional persons may be added to the license and are eligible to
guide and bait bear under the license, provided the additional fee under section 97A.475,
subdivision 16, is paid for each person added. The commissioner shall adopt rules for
qualifications for issuance and administration of the licenses.
new text end

Sec. 44.

Minnesota Statutes 2006, section 97B.621, subdivision 3, is amended to read:

Subd. 3.

Nighttime hunting restrictions.

To take raccoons between new text begin one-half hour
after new text end sunset and new text begin one-half hour before new text end sunrise, a person:

(1) must be on foot;

(2) may use an artificial light only if hunting with dogs;

(3) may not use a rifle other than one of a .22 inch caliber with .22 short, long, or
long rifle deleted text begin , deleted text end rimfire ammunition; and

(4) may not use shotgun shells with larger than No. 4 shot.

Sec. 45.

Minnesota Statutes 2006, section 97B.711, subdivision 1, is amended to read:

Subdivision 1.

Seasons for certain upland game birds.

(a) The commissioner
may, by rule, prescribe an open season in designated areas between September 16 and
January 3 for:

(1) pheasant;

(2) ruffed grouse;

(3) sharp tailed grouse;

(4) Canada spruce grouse;

(5) prairie chicken;

(6) gray partridge;

(7) bob-white quail; and

(8) turkey.

(b) The commissioner may by rule prescribe an open season for turkey in the spring.

new text begin (c) The commissioner shall allow a four-week open season for turkey in the fall for
the area designated as turkey permit area 601 as of the 2008 season.
new text end

Sec. 46.

Minnesota Statutes 2006, section 97B.721, is amended to read:

97B.721 LICENSE deleted text begin AND STAMP VALIDATION deleted text end REQUIRED TO TAKE
TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.

(a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person
may not take a turkey without possessing a turkey license deleted text begin and a turkey stamp validation deleted text end .

(b) deleted text begin The requirement in paragraph (a) to have a turkey stamp validation does not
apply to persons under age 18. deleted text end An unlicensed adult age 18 or older may assist a licensed
wild turkey hunter. The unlicensed adult may not shoot or possess a firearm or bow while
assisting a hunter under this paragraph and may not charge a fee for the assistance.

(c) The commissioner may by rule prescribe requirements for the tagging and
registration of turkeys.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 47.

Minnesota Statutes 2006, section 97C.001, subdivision 3, is amended to read:

Subd. 3.

Seasons, limits, and other requirements.

The commissioner may, in
accordance with the procedures in subdivision 2 or by rule under chapter 14, establish
open seasons, limits, methods, and other requirements for taking fish on experimental
waters. new text begin Notwithstanding the limits on seasons in section 97C.395, subdivision 1, the
commissioner may extend the end of a season for up to two weeks to take a fish species in
an experimental water when the harvest level for the species in that season is less than the
harvest goal of the experimental regulations.
new text end

Sec. 48.

Minnesota Statutes 2006, section 97C.005, subdivision 3, is amended to read:

Subd. 3.

Seasons, limits, and other rules.

The commissioner may, in accordance
with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter
14, establish open seasons, limits, methods, and other requirements for taking fish on
special management waters. new text begin Notwithstanding the limits on seasons in section 97C.395,
subdivision 1, the commissioner may extend the end of a season for up to two weeks to
take a fish species in a special management water when the harvest level for the species in
that season is less than the harvest goal of the special management regulations.
new text end

Sec. 49.

Minnesota Statutes 2006, section 97C.205, is amended to read:

97C.205 TRANSPORTING AND STOCKING FISH.

(a) Except on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:

(1) is being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;

(2) is being transported for a fishing contest weigh-in under section 97C.081;

(3) is a minnow being transported under section 97C.505 or 97C.515;

(4) is being transported by a commercial fishing license holder under section
97C.821; or

(5) is being transported as otherwise authorized in this section.

(b) The commissioner may adopt rules to allow and regulate:

(1) the transportation of fish and fish eggs; and

(2) the stocking of waters with fish or fish eggs.

new text begin The commissioner must allow the possession of fish on special management or
experimental waters to be prepared as a meal on the ice or on the shore of that water
body if the fish:
new text end

new text begin (1) were lawfully taken;
new text end

new text begin (2) have been packaged by a licensed fish packer; and
new text end

new text begin (3) do not otherwise exceed the daily possession limits.
new text end

(c) The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:

(1) prescribe methods to acquire brood stock for the ponds by seining public waters;

(2) allow the sporting organizations to own and use seines and other necessary
equipment; and

(3) prescribe methods for stocking the fish in public waters that give priority to the
needs of the community where the fish are reared and the desires of the organization
operating the rearing pond.

(d) A person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie,
white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black,
yellow, and brown bullheads taken by angling. No more than four of each species may
be transported at any one time, and any individual fish can be no longer than ten inches
in total length.

Sec. 50.

new text begin [97C.303] CONSERVATION ANGLING LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Availability. new text end

new text begin The commissioner shall make available a conservation
angling license according to this section. Conservation angling licenses shall be offered
for resident and nonresident individuals, resident married couples, nonresident married
couples valid for 14 consecutive days, and nonresident families.
new text end

new text begin Subd. 2. new text end

new text begin Daily and possession limits. new text end

new text begin Daily and possession limits for fish taken
under a conservation angling license are one-half the daily and possession limits for the
corresponding fish taken under a standard angling license, rounded down to the next
whole number if necessary.
new text end

new text begin Subd. 3. new text end

new text begin License fee. new text end

new text begin The fee for a conservation angling license issued under this
section is two-thirds of the corresponding standard angling license fee under section
97A.475, subdivision 6 or 7, rounded to the nearest whole dollar.
new text end

Sec. 51.

Minnesota Statutes 2006, section 97C.315, subdivision 1, is amended to read:

Subdivision 1.

Lines.

An angler may not use more than one line except new text begin two lines
may be used to take fish new text end :

deleted text begin (1) deleted text end deleted text begin two lines deleted text end deleted text begin may be used deleted text end deleted text begin to take fish deleted text end deleted text begin through the ice; and deleted text end new text begin (1) through the ice; or
new text end

deleted text begin (2) the commissioner may, by rule, authorize the use of two lines in areas
designated by the commissioner in Lake Superior deleted text end new text begin (2) if the angler purchases a second
line endorsement for $5 new text end .

Sec. 52.

Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 2, is
amended to read:

Subd. 2.

License required.

A person may not deleted text begin take fish from deleted text end new text begin leave new text end a dark house
deleted text begin or deleted text end new text begin , new text end fish house deleted text begin that is left deleted text end new text begin , or shelter new text end unattended on the ice deleted text begin overnight deleted text end new text begin at any time between
midnight and one hour before sunrise new text end unless the house is licensed and has a license tag
attached to the exterior in a readily visible location, except as provided in this subdivision.
The commissioner must issue a tag with a dark house or fish house license, marked with a
number to correspond with the license and the year of issue. A dark house or fish house
license is not required of a resident on boundary waters where the adjacent state does not
charge a fee for the same activity.

Sec. 53.

Minnesota Statutes 2006, section 97C.355, subdivision 4, is amended to read:

Subd. 4.

Distance between houses.

A person may not erect a dark house deleted text begin or deleted text end new text begin , new text end fish
house new text begin , or shelter new text end within ten feet of an existing dark house deleted text begin or deleted text end new text begin , new text end fish house new text begin , or shelter new text end .

Sec. 54.

Minnesota Statutes 2006, section 97C.355, subdivision 7, is amended to read:

Subd. 7.

Dates and times houses may remain on ice.

(a) deleted text begin Except as provided in
paragraph (d), deleted text end A shelter, including a fish house or dark house, may not be on the ice
new text begin unattended new text end between deleted text begin 12:00 a.m. deleted text end new text begin midnight new text end and one hour before sunrise after deleted text begin the following
dates deleted text end :

(1) the deleted text begin last day of February deleted text end new text begin first Monday in March new text end , for state waters south of a line
starting at the Minnesota-North Dakota border and formed by rights-of-way of U.S. Route
No. 10, then east along U.S. Route No. 10 to Trunk Highway No. 34, then east along
Trunk Highway No. 34 to Trunk Highway No. 200, then east along Trunk Highway No.
200 to U.S. Route No. 2, then east along U.S. Route No. 2 to the Minnesota-Wisconsin
border; and

(2) new text begin the third Monday in new text end March deleted text begin 15 deleted text end , for other state waters.

A shelter, including a fish house or dark house, on the ice in violation of this
subdivision is subject to the enforcement provisions of paragraph (b). The commissioner
may, by rule, change the dates in this paragraph for any part of state waters. Copies of
the rule must be conspicuously posted on the shores of the waters as prescribed by the
commissioner.

(b) A conservation officer must confiscate a fish house, dark house, or shelter in
violation of paragraph (a). The officer may remove, burn, or destroy the house or shelter.
The officer shall seize the contents of the house or shelter and hold them for 60 days. If the
seized articles have not been claimed by the owner, they may be retained for the use of the
division or sold at the highest price obtainable in a manner prescribed by the commissioner.

deleted text begin (c) When the last day of February, under paragraph (a), clause (1), or March 15,
under paragraph (a), clause (2), falls on a Saturday, a shelter, including a fish house or
dark house, may be on the ice between 12:00 a.m. and one hour before sunrise until
12:00 a.m. the following Monday.
deleted text end

deleted text begin (d) A person may have a shelter, including a fish house or dark house, on the ice
between 12:00 a.m. and one hour before sunrise on waters within the area prescribed in
paragraph (a), clause (2), but the house or shelter may not be unattended during those
hours.
deleted text end

Sec. 55.

Minnesota Statutes 2006, section 97C.355, subdivision 7a, is amended to read:

Subd. 7a.

Houses left overnight.

A fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end left on the
ice overnight must be marked with reflective material on each side of the deleted text begin house deleted text end new text begin structure new text end .
The reflective material must measure a total area of no less than two square inches on each
side of the deleted text begin house deleted text end new text begin structure new text end . deleted text begin Violation of this subdivision is not subject to subdivision 8
or section 97A.301. deleted text end

Sec. 56.

Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 8, is
amended to read:

Subd. 8.

Confiscation of unlawful structures; civil penalty.

(a) Structures on the
ice in violation of this section may be confiscated and disposed of, retained by the division,
or sold at the highest price obtainable, in a manner prescribed by the commissioner.

(b) In addition to other penalties provided by law, the owner of a structure left on the
ice in violation of this section is subject to a civil penalty under section 115A.99.

new text begin (c) This subdivision also applies to structures left on state public access sites for
more than 48 hours past the deadlines specified in subdivision 7.
new text end

Sec. 57.

Minnesota Statutes 2006, section 97C.371, subdivision 4, is amended to read:

Subd. 4.

Open season.

The open season for spearing through the ice is deleted text begin December 1 deleted text end new text begin
November 15 new text end to the deleted text begin last deleted text end new text begin second new text end Sunday in deleted text begin February deleted text end new text begin March new text end .

Sec. 58.

Minnesota Statutes 2006, section 97C.371, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Nonresidents. new text end

new text begin Nonresidents may spear from a fish house or dark house.
new text end

Sec. 59.

Minnesota Statutes 2006, section 97C.395, subdivision 1, is amended to read:

Subdivision 1.

Dates for certain species.

(a) The open seasons to take fish by
angling are as follows:

(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and
smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend
to the last Sunday in February;

(2) for lake trout, from January 1 to October 31;

(3) new text begin for the winter season for lake trout on all lakes and streams, from January 15
to March 31;
new text end

new text begin (4) new text end for brown trout, brook trout, rainbow trout, and splake, between January 1 to
October 31 as prescribed by the commissioner by rule except as provided in section
97C.415, subdivision 2; and

deleted text begin (4) deleted text end new text begin (5) new text end for salmon, as prescribed by the commissioner by rule.

(b) The commissioner shall close the season in areas of the state where fish are
spawning and closing the season will protect the resource.

Sec. 60.

Minnesota Statutes 2006, section 97C.865, subdivision 2, is amended to read:

Subd. 2.

Rules.

The commissioner may adopt rules establishing requirements for
labeling and packing fish under a fish packer's license. new text begin The commissioner shall require
only the license number of the fish packer, the name and license number of the angler or
person who lawfully possesses the fish, the name of the lake the fish were caught on, the
species of fish, and the number of fish to appear on a label. The commissioner must
not allow sauger to be labeled as walleye.
new text end

Sec. 61. new text begin UNCASED FIREARMS REPORT.
new text end

new text begin (a) The commissioner of natural resources shall submit a report to the legislature by
January 1, 2009, on uncased firearms that answers the questions listed below.
new text end

new text begin (1) How many other states have laws like Minnesota's governing uncased firearms?
new text end

new text begin (2) Are there any studies that prove that uncased firearms laws like Minnesota's
reduce firearm-related accidents?
new text end

new text begin (3) Is there evidence that more accidents occur loading and unloading firearms and
putting firearms in and out of cases than would occur if the firearms were not required to
be cased?
new text end

new text begin (4) Are there any studies to prove that having a cased gun law reduces other criminal
violations? For example, there are thousands of tickets written for uncased guns every
year; is this the activity the state is trying to stop or is the state trying to reduce other
crimes? Is there any proof that by issuing tickets Minnesota is stopping other crimes?
new text end

new text begin (5) If the state cannot verify that it is reducing accidents or reducing other criminal
violations by writing uncased gun tickets, why is the state writing them?
new text end

new text begin (6) If the state is reducing other wildlife crimes such as shooting from the roadway,
how is it doing this?
new text end

new text begin (b) The report must comply with Minnesota Statutes, sections 3.195 and 3.197, and
be submitted to the chairs of the house and senate committees with jurisdiction over the
environment and natural resources. The commissioner may include additional information
that the commissioner feels is important to this issue.
new text end

Sec. 62. new text begin COCK PHEASANT BAG LIMIT; RULEMAKING.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part
6234.0400, subpart 2, to allow a person to take up to three cock pheasants per day after the
16th day of the pheasant season. The commissioner may use the good cause exemption
under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt the rule and
Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota
Statutes, section 14.388.
new text end

Sec. 63. new text begin BEAR HUNTING PERMIT DRAWING; RULEMAKING.
new text end

new text begin The commissioner of natural resources shall adopt rules to comply with the changes
made to Minnesota Statutes, section 97B.405. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt
the rules. Minnesota Statutes, section 14.386, does not apply except as provided in
Minnesota Statutes, section 14.388.
new text end

Sec. 64. new text begin NONRESIDENT SPEAR FISHING; RULEMAKING.
new text end

new text begin The commissioner of natural resources shall adopt rules, including amending
Minnesota Rules, part 6262.0600, to allow taking fish by spear by nonresidents. The
commissioner may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 14.386,
does not apply except as provided under Minnesota Statutes, section 14.388.
new text end

Sec. 65. new text begin WILD TURKEY HUNTING MANAGEMENT RECOMMENDATIONS.
new text end

new text begin The commissioner of natural resources, in consultation with the National
Wild Turkey Federation, shall, by January 15, 2009, provide the legislature with
recommendations for future management of hunting wild turkeys in Minnesota.
new text end

Sec. 66. new text begin WALLEYE STOCKING ON LEECH LAKE.
new text end

new text begin While continuing to study the effects of cormorant control on Leech Lake and the
lack of natural reproduction of the walleye, the commissioner of natural resources shall
stock Leech Lake with 25,000,000 walleye fry in calendar year 2009 and with 25,000,000
walleye fry in calendar year 2010 unless the commissioner can show evidence that the
stocking is harmful to the lake's natural walleye population or that the fishery has fully
recovered.
new text end

Sec. 67. new text begin RULES.
new text end

new text begin The commissioner of natural resources shall adopt rules in compliance with the
changes to Minnesota Statutes, sections 97C.205 and 97C.865, subdivision 2. The rules
required by this section are exempt from the rulemaking provisions of Minnesota Statutes,
chapter 14. The rules are subject to Minnesota Statutes, section 14.386, except that
notwithstanding Minnesota Statutes, section 14.386, paragraph (b), the rules continue
in effect until repealed or superseded by other law or rule. As part of this rulemaking,
the commissioner shall:
new text end

new text begin (1) amend Minnesota Rules, part 6262.3250, by deleting item A and amending the
part so that labels required under item D are consistent with the new requirements in
Minnesota Statutes, section 97C.865, subdivision 2; and
new text end

new text begin (2) amend Minnesota Rules, part 6262.0100, to allow the possession of fish on
special management or experimental waters for a meal, as provided in Minnesota Statutes,
section 97C.205.
new text end

Sec. 68. new text begin APPROPRIATION.
new text end

new text begin $102,000 in fiscal year 2009 is appropriated from the game and fish fund to the
commissioner of natural resources for the development of aquaculture best management
practices. The base in fiscal year 2010 is $150,000. The base for fiscal year 2011 is $0.
new text end

Sec. 69. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 97A.411, subdivision 2, new text end new text begin and new text end new text begin Minnesota Rules,
parts 6232.0200, subpart 4; 6232.0300, subpart 4; and 6234.0100, subpart 4, new text end new text begin are repealed.
new text end