HF 2920

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying certain 
  1.3             definitions; modifying planting stock restrictions; 
  1.4             modifying timber sale, permit, and lease provisions; 
  1.5             modifying certain restrictions on fishing and 
  1.6             motorboat operations; creating a prairie chicken 
  1.7             hunting license; allowing fundraisers to serve game; 
  1.8             modifying trapper education provisions; modifying the 
  1.9             all season buck license; modifying requirements for 
  1.10            taking turtles; modifying lifetime deer hunting 
  1.11            license provisions; modifying big game ammunition 
  1.12            provisions; modifying provisions for fishing contest 
  1.13            permits; eliminating certain experimental trout stream 
  1.14            restrictions; requiring a study and report; 
  1.15            appropriating money; amending Minnesota Statutes 2000, 
  1.16            sections 17.47, subdivision 7; 89.36, subdivision 1; 
  1.17            90.151, subdivision 1; 90.162; 97A.421, subdivision 4; 
  1.18            97A.473, subdivisions 1, 4; 97A.4742, subdivision 1; 
  1.19            97A.475, subdivisions 2, 41; 97B.025; 97B.031, 
  1.20            subdivision 1; 97B.301, subdivision 7; 97B.601, 
  1.21            subdivision 4; 97C.025; 97C.081, by adding a 
  1.22            subdivision; 97C.605; 97C.611; Minnesota Statutes 2001 
  1.23            Supplement, sections 282.04, subdivision 1; proposing 
  1.24            coding for new law in Minnesota Statutes, chapters 
  1.25            97A; 97B; repealing Minnesota Statutes 2000, sections 
  1.26            90.50; 97C.003; 97C.605, subdivision 4. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28     Section 1.  Minnesota Statutes 2000, section 17.47, 
  1.29  subdivision 7, is amended to read: 
  1.30     Subd. 7.  [PRIVATE AQUATIC LIFE.] "Private aquatic life" 
  1.31  means fish, shellfish, mollusks, crustaceans, turtles, and any 
  1.32  other aquatic animals cultured within an aquatic farm.  Private 
  1.33  aquatic life is the property of the aquatic farmer. 
  1.34     Sec. 2.  Minnesota Statutes 2000, section 89.36, 
  1.35  subdivision 1, is amended to read: 
  1.36     Subdivision 1.  [PRODUCTION AT STATE NURSERIES.] The 
  2.1   commissioner of natural resources may produce tree planting 
  2.2   stock for the purposes of sections 89.35 to 89.39 upon any lands 
  2.3   under control of the commissioner which may be deemed suitable 
  2.4   and available therefor so far as not inconsistent with other 
  2.5   uses to which such lands may be dedicated by law.  The 
  2.6   commissioner may not produce more than 10,000,000 units of 
  2.7   planting stock annually, after January 1, 2003. 
  2.8      Sec. 3.  Minnesota Statutes 2000, section 90.151, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [ISSUANCE; EXPIRATION.] (a) Following 
  2.11  receipt of the down payment for state timber sold at public 
  2.12  auction, the commissioner shall issue a numbered permit to the 
  2.13  purchaser, in a form approved by the attorney general, by the 
  2.14  terms of which the purchaser shall be authorized to enter upon 
  2.15  the land, and to cut and remove the timber therein described, 
  2.16  according to the provisions of this chapter.  The permit shall 
  2.17  be correctly dated and executed by the commissioner or agent and 
  2.18  signed by the purchaser.  If a permit is not signed by the 
  2.19  purchaser within 60 days from the date of purchase, the permit 
  2.20  cancels and the down payment for timber forfeits to the state. 
  2.21     (b) The permit shall expire no later than five years after 
  2.22  the date of sale as the commissioner shall specify, and the 
  2.23  timber shall be cut within the time specified therein.  All cut 
  2.24  timber, equipment, and buildings not removed from the land 
  2.25  within 90 days after expiration of the permit shall become the 
  2.26  property of the state.  
  2.27     (c) The commissioner may grant an additional period of time 
  2.28  not to exceed 120 days for the removal of cut timber, equipment, 
  2.29  and buildings upon receipt of such request by the permit holder 
  2.30  for good and sufficient reasons.  The commissioner may grant a 
  2.31  second period of time not to exceed 120 days for the removal of 
  2.32  cut timber, equipment, and buildings upon receipt of a request 
  2.33  by the permit holder for hardship reasons only. 
  2.34     (d) No permit shall be issued to any person other than the 
  2.35  purchaser in whose name the bid was made.  
  2.36     Sec. 4.  Minnesota Statutes 2000, section 90.162, is 
  3.1   amended to read: 
  3.2      90.162 [ALTERNATIVE TO BOND OR DEPOSIT REQUIREMENTS.] 
  3.3      In lieu of the bond or cash deposit equal to the value of 
  3.4   all timber covered by the permit required by section 90.161 or 
  3.5   90.173, a purchaser of state timber may, at the time of the bid 
  3.6   approval and upon payment by the purchaser to the commissioner 
  3.7   of 15 percent of the appraised value under section 90.14, elect 
  3.8   in writing on a form prescribed by the attorney general 
  3.9   to prepay give good and valid surety to the state of Minnesota 
  3.10  equal to the purchase price for any designated cutting block 
  3.11  identified on the permit before the date the purchaser enters 
  3.12  upon the land to begin harvesting the timber on the designated 
  3.13  cutting block. 
  3.14     Sec. 5.  Minnesota Statutes 2000, section 97A.421, 
  3.15  subdivision 4, is amended to read: 
  3.16     Subd. 4.  [ISSUANCE AFTER INTOXICATION OR NARCOTICS 
  3.17  CONVICTION.] A person convicted of a violation under section 
  3.18  97B.065, relating to hunting while intoxicated or using 
  3.19  narcotics, may not obtain a license to hunt with a firearm or by 
  3.20  archery or hunt with a firearm or by archery under a lifetime 
  3.21  license, issued under section 97A.473 or 97A.474, for five years 
  3.22  after conviction.  
  3.23     Sec. 6.  [97A.434] [PRAIRIE CHICKEN LICENSES.] 
  3.24     Subdivision 1.  [NUMBER OF LICENSES TO BE ISSUED.] If the 
  3.25  commissioner establishes an open season for prairie chickens 
  3.26  under section 97B.711, the commissioner shall also determine, by 
  3.27  rule, the number of licenses to be issued.  
  3.28     Subd. 2.  [ELIGIBILITY.] Eligibility for a prairie chicken 
  3.29  license shall be determined by this section and by rule adopted 
  3.30  by the commissioner.  A person is eligible for a prairie chicken 
  3.31  license only if the person: 
  3.32     (1) is a resident; and 
  3.33     (2) was born before January 1, 1980, or possesses a 
  3.34  firearms safety certificate. 
  3.35     Subd. 3.  [APPLICATION FOR LICENSE.] An application for a 
  3.36  prairie chicken license must be made in a manner provided by the 
  4.1   commissioner and accompanied by a $3 application fee.  The $3 
  4.2   application fee is appropriated as prescribed in Minnesota 
  4.3   Statutes, section 84.027, subdivision 15, paragraph (d), to pay 
  4.4   for costs associated with conducting the prairie chicken license 
  4.5   drawing.  A person may not make more than one application for 
  4.6   each season.  If a person makes more than one application, the 
  4.7   person is ineligible for a license for that season after 
  4.8   determination by the commissioner, without a hearing.  
  4.9      Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  4.10  The commissioner may conduct a separate selection for up to 20 
  4.11  percent of the prairie chicken licenses to be issued for any 
  4.12  area.  Only persons who are owners or tenants of at least 40 
  4.13  acres of prairie or grassland in the area, and their family 
  4.14  members, are eligible applicants for prairie chicken licenses 
  4.15  for the separate selection.  The qualifying prairie or grassland 
  4.16  may be noncontiguous.  Persons who are unsuccessful in a 
  4.17  separate selection must be included in the selection for the 
  4.18  remaining licenses.  Persons who obtain a license in a separate 
  4.19  selection must allow public prairie chicken hunting on their 
  4.20  land during that prairie chicken season. 
  4.21     (b) The commissioner may by rule establish criteria for 
  4.22  determining eligible family members under this subdivision. 
  4.23     Sec. 7.  Minnesota Statutes 2000, section 97A.473, 
  4.24  subdivision 1, is amended to read: 
  4.25     Subdivision 1.  [RESIDENT LIFETIME LICENSES AUTHORIZED.] 
  4.26  (a) The commissioner may issue a lifetime angling license, a 
  4.27  lifetime small game hunting license, a lifetime firearms firearm 
  4.28  or archery deer hunting license, or a lifetime sporting license 
  4.29  to a person who is a resident of the state for at least one year 
  4.30  or who is under age 21 and the child of a person who is a 
  4.31  resident of the state for at least one year.  The license fees 
  4.32  paid for a lifetime license are nonrefundable. 
  4.33     (b) The commissioner may require the holder of a lifetime 
  4.34  license issued under this section to notify the department each 
  4.35  year that the license is used, by: 
  4.36     (1) telephone or Internet notification, as specified by the 
  5.1   commissioner; 
  5.2      (2) the purchase of stamps for the license; or 
  5.3      (3) registration and tag issuance, in the case of the 
  5.4   resident lifetime deer license. 
  5.5      Sec. 8.  Minnesota Statutes 2000, section 97A.473, 
  5.6   subdivision 4, is amended to read: 
  5.7      Subd. 4.  [LIFETIME FIREARM DEER HUNTING LICENSE; FEE.] (a) 
  5.8   A resident lifetime firearm deer hunting license authorizes a 
  5.9   person to take deer with firearms or by archery in the state.  
  5.10  The license authorizes those activities authorized by the annual 
  5.11  resident firearm deer hunting license or the annual resident 
  5.12  archery deer hunting license.  The licensee must register and 
  5.13  receive tags each year that the license is used.  The tags shall 
  5.14  be issued at no charge to the licensee. 
  5.15     (b) The fees for a resident lifetime firearm or archery 
  5.16  deer hunting license are: 
  5.17     (1) age 3 and under, $337; 
  5.18     (2) age 4 to age 15, $450; 
  5.19     (3) age 16 to age 50, $573; and 
  5.20     (4) age 51 and over, $383. 
  5.21     Sec. 9.  Minnesota Statutes 2000, section 97A.4742, 
  5.22  subdivision 1, is amended to read: 
  5.23     Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The lifetime fish 
  5.24  and wildlife trust fund is established as a fund in the state 
  5.25  treasury.  All money received from the issuance of lifetime 
  5.26  angling, small game hunting, firearm deer hunting, and sporting 
  5.27  licenses and earnings on the fund shall be credited to the 
  5.28  lifetime fish and wildlife trust fund. 
  5.29     Sec. 10.  Minnesota Statutes 2000, section 97A.475, 
  5.30  subdivision 2, is amended to read: 
  5.31     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
  5.32  licenses, to be issued to residents only, are: 
  5.33     (1) for persons under age 65 to take small game, $12; 
  5.34     (2) for persons age 65 or over, $6; 
  5.35     (3) to take turkey, $18; 
  5.36     (4) to take deer with firearms, $25; 
  6.1      (5) to take deer by archery, $25; 
  6.2      (6) to take moose, for a party of not more than six 
  6.3   persons, $310; 
  6.4      (7) to take bear, $38; 
  6.5      (8) to take elk, for a party of not more than two persons, 
  6.6   $250; 
  6.7      (9) to take antlered deer in more than one zone, $50; 
  6.8      (10) to take Canada geese during a special season, $4; and 
  6.9      (11) to take an antlered buck two deer throughout the state 
  6.10  in any open deer season, except as restricted under section 
  6.11  97B.305, $66; and 
  6.12     (12) to take prairie chickens, $20. 
  6.13     Sec. 11.  Minnesota Statutes 2000, section 97A.475, 
  6.14  subdivision 41, is amended to read: 
  6.15     Subd. 41.  [TURTLE SELLERS LICENSES.] (a) The fee for a 
  6.16  turtle seller's license to sell turtles and to take, transport, 
  6.17  purchase buy, and possess turtles for sale is $70 $250.  
  6.18     (b) The fee for a recreational turtle license to take, 
  6.19  transport, and possess turtles for personal use is $25. 
  6.20     (c) The fee for a turtle seller's apprentice license is 
  6.21  $100. 
  6.22     Sec. 12.  [97A.510] [GAME FOR CONSUMPTION AT FUNDRAISING 
  6.23  EVENTS.] 
  6.24     (a) Nonprofit organizations may charge a fee for admission 
  6.25  to fundraising events when lawfully taken and possessed game, 
  6.26  excluding migratory game birds that cannot be sold under federal 
  6.27  law, donated to the organization is served for consumption on 
  6.28  the premises where the fundraising event is held. 
  6.29     (b) Game donated to the nonprofit organization must be 
  6.30  marked as provided in section 97A.505, subdivision 4.  Game 
  6.31  donated to a nonprofit organization and stored by the 
  6.32  organization is considered to be in the possession of the person 
  6.33  making the donation and is subject to inspection as provided in 
  6.34  section 97A.215, subdivision 1.  As provided in section 97A.505, 
  6.35  subdivision 5, a license is not required for the nonprofit 
  6.36  organization to possess or transport the donated game. 
  7.1      (c) The nonprofit organization must keep records of the 
  7.2   game donated to the organization and the records must be 
  7.3   available for inspection for two years from the date of the 
  7.4   fundraising event.  The records must show: 
  7.5      (1) the names and addresses of persons donating the game; 
  7.6      (2) the license number or possession permit number under 
  7.7   which the game was lawfully taken or possessed; and 
  7.8      (3) the date, location, and purpose of the fundraising 
  7.9   event that utilized the donation. 
  7.10     Sec. 13.  Minnesota Statutes 2000, section 97B.025, is 
  7.11  amended to read: 
  7.12     97B.025 [HUNTER AND TRAPPER EDUCATION.] 
  7.13     (a) The commissioner may establish education courses for 
  7.14  hunters and trappers.  The commissioner shall collect a fee from 
  7.15  each person attending a course.  The commissioner shall 
  7.16  establish a fee that neither significantly over recovers nor 
  7.17  under recovers costs, including overhead costs, involved in 
  7.18  providing the services.  The fee is not subject to the 
  7.19  rulemaking provisions of chapter 14 and section 14.386 does not 
  7.20  apply.  The fees shall be deposited in the game and fish fund 
  7.21  and the amount thereof is appropriated annually to the 
  7.22  enforcement division of the department of natural resources for 
  7.23  the administration of the program.  In addition to the fee 
  7.24  established by the commissioner, instructors may charge each 
  7.25  person up to the established fee amount for class materials and 
  7.26  expenses.  School districts may cooperate with the commissioner 
  7.27  and volunteer instructors to provide space for the classroom 
  7.28  portion of the training. 
  7.29     (b) The commissioner shall enter into an agreement with a 
  7.30  statewide nonprofit trappers association to conduct a trapper 
  7.31  education program.  At a minimum, the program must include at 
  7.32  least six hours of classroom and in the field training.  The 
  7.33  program must include a review of state trapping laws and 
  7.34  regulations, trapping ethics, the setting and tending of traps 
  7.35  and snares, tagging and registration requirements, and the 
  7.36  preparation of pelts.  The association shall be responsible for 
  8.1   all costs of conducting the education program, and shall not 
  8.2   charge any fee for attending the course. 
  8.3      Sec. 14.  Minnesota Statutes 2000, section 97B.031, 
  8.4   subdivision 1, is amended to read: 
  8.5      Subdivision 1.  [FIREARMS AND AMMUNITION THAT MAY BE USED 
  8.6   TO TAKE BIG GAME.] (a) A person may take big game with a firearm 
  8.7   only if:  
  8.8      (1) the rifle, shotgun, and handgun used is a caliber of at 
  8.9   least .23 inches; 
  8.10     (2) the firearm is loaded only with single projectile 
  8.11  ammunition; 
  8.12     (3) a projectile used is a caliber of at least .23 inches 
  8.13  and has a soft point or is an expanding bullet type; 
  8.14     (4) the ammunition has a case length of at least 1.285 
  8.15  inches; 
  8.16     (5) the muzzle-loader used is incapable of being loaded at 
  8.17  the breech; 
  8.18     (6) the smooth-bore muzzle-loader used is a caliber of at 
  8.19  least .45 inches; and 
  8.20     (7) the rifled muzzle-loader used is a caliber of at least 
  8.21  .40 inches. 
  8.22     (b) A person may not take big game with a .30 caliber M-1 
  8.23  carbine cartridge.  
  8.24     (c) Notwithstanding paragraph (a), clause (4), a person may 
  8.25  take big game with a ten millimeter cartridge that is at least 
  8.26  0.95 inches in length and may take big game with, a .45 
  8.27  Winchester Magnum cartridge, or a .50 A. E. Action Express 
  8.28  handgun cartridge.  
  8.29     Sec. 15.  Minnesota Statutes 2000, section 97B.301, 
  8.30  subdivision 7, is amended to read: 
  8.31     Subd. 7.  [ALL SEASON BUCK DEER LICENSE.] A resident may 
  8.32  obtain an all season buck deer license to take one buck by 
  8.33  firearm or archery and one doe by firearm or archery during any 
  8.34  season statewide.  A person obtaining an all season buck deer 
  8.35  license does not qualify for hunting under subdivision 3 or 
  8.36  4.  The commissioner shall issue one tag for a buck and one tag 
  9.1   for a doe when issuing a license under this subdivision. 
  9.2      Sec. 16.  Minnesota Statutes 2000, section 97B.601, 
  9.3   subdivision 4, is amended to read: 
  9.4      Subd. 4.  [EXCEPTION TO LICENSE REQUIREMENTS.] (a) A 
  9.5   resident under age 16 may take small game without a small game 
  9.6   license, and a resident under age 13 may trap without a trapping 
  9.7   license, as provided in section 97A.451, subdivision 3. 
  9.8      (b) A person may take small game without a small game 
  9.9   license on land occupied by the person as a principal residence. 
  9.10     (c) An owner or occupant may take certain small game 
  9.11  causing damage without a small game or trapping license as 
  9.12  provided in section 97B.655.  
  9.13     (d) A person may use dogs to pursue and tree raccoons under 
  9.14  section 97B.621, subdivision 2, during the closed season without 
  9.15  a license.  
  9.16     (e) A person may take a turkey or a prairie chicken without 
  9.17  a small game license.  
  9.18     Sec. 17.  [97B.716] [PRAIRIE CHICKENS.] 
  9.19     Subdivision 1.  [LICENSE REQUIRED.] A person may not take a 
  9.20  prairie chicken without a prairie chicken license. 
  9.21     Subd. 2.  [TAGGING AND REGISTRATION.] The commissioner may 
  9.22  by rule prescribe requirements for the tagging and registration 
  9.23  of prairie chickens. 
  9.24     Subd. 3.  [LIMITED NUMBER OF PRAIRIE CHICKEN HUNTERS.] The 
  9.25  commissioner may establish a method, including a drawing, to 
  9.26  impartially select persons eligible to take prairie chickens in 
  9.27  an area.  Preference must be given to persons who have 
  9.28  previously applied in the general selection but have not been 
  9.29  selected. 
  9.30     Sec. 18.  Minnesota Statutes 2000, section 97C.025, is 
  9.31  amended to read: 
  9.32     97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 
  9.33  AREAS.] 
  9.34     (a) The commissioner may prohibit fishing or restrict the 
  9.35  taking of fish or the operation of motorboats by posting waters 
  9.36  that: 
 10.1      (1) are designated as spawning beds or fish preserves; or 
 10.2      (2) are being used by the commissioner for fisheries 
 10.3   research or management activities; or 
 10.4      (3) are licensed by the commissioner as a private fish 
 10.5   hatchery or aquatic farm under section 97C.211, subdivision 1, 
 10.6   or 17.4984, subdivision 1. 
 10.7   An area may be posted under this paragraph if necessary to 
 10.8   prevent excessive depletion of fish or interference with 
 10.9   fisheries research or management activities or private fish 
 10.10  hatchery or aquatic farm operations.  The commissioner will 
 10.11  consider the following criteria in determining if waters 
 10.12  licensed under a private fish hatchery or aquatic farm should be 
 10.13  posted under this paragraph: 
 10.14     (i) the waters contain game fish brood stock that are vital 
 10.15  to the private fish hatchery or aquatic farm operation; 
 10.16     (ii) game fish are present in the licensed waters only as a 
 10.17  result of aquaculture activities by the licensee; and 
 10.18     (iii) no public access to the waters existed when the 
 10.19  waters were first licensed. 
 10.20  A private fish hatchery or aquatic farm licensee may not take 
 10.21  fish or authorize others to take fish in licensed waters that 
 10.22  are posted under this paragraph, except as provided in section 
 10.23  17.4983, subdivision 3, and except that if waters are posted to 
 10.24  allow the taking of fish under special restrictions, licensees 
 10.25  and others who can legally access the waters may take fish under 
 10.26  those special restrictions. 
 10.27     (b) Except as provided in paragraph paragraphs (a) and (c), 
 10.28  a person may not take fish or operate a motorboat if prohibited 
 10.29  by posting under paragraph (a). 
 10.30     (c) An owner of riparian land adjacent to an area posted 
 10.31  under paragraph (a) may operate a motorboat through the area by 
 10.32  the shortest direct route at a speed of not more than five miles 
 10.33  per hour. 
 10.34     Sec. 19.  Minnesota Statutes 2000, section 97C.081, is 
 10.35  amended by adding a subdivision to read: 
 10.36     Subd. 8a.  [ADDITIONAL CONTEST PERMITS.] (a) The 
 11.1   commissioner may allow up to ten additional permits annually for 
 11.2   fishing contests throughout the state on lakes 10,000 acres in 
 11.3   size or over.  No lake may be permitted for more than two 
 11.4   additional contests annually. 
 11.5      (b) Permitted fishing contests under this subdivision must 
 11.6   demonstrate to the commissioner economic benefits to the local 
 11.7   area, and promote public awareness of fishing and state 
 11.8   resources.  
 11.9      Sec. 20.  Minnesota Statutes 2000, section 97C.605, is 
 11.10  amended to read: 
 11.11     97C.605 [TURTLES.] 
 11.12     Subdivision 1.  [RESIDENT ANGLING LICENSE REQUIRED.] In 
 11.13  addition to any other license required in this section, a person 
 11.14  may not take, possess, or transport turtles without an a 
 11.15  resident angling license, except as provided in subdivision 2 2c.
 11.16     Subd. 2.  [TURTLE SELLER'S LICENSE.] (a) A person may not 
 11.17  take, possess, buy, or transport, or purchase turtles for sale; 
 11.18  sell turtles; or take turtles for sale using commercial 
 11.19  equipment without a turtle seller's license, except as provided 
 11.20  in this subdivision 2c. 
 11.21     (b) Except for renewals, no new turtle seller's licenses 
 11.22  may be issued after March 1, 2003. 
 11.23     Subd. 2a.  [RECREATIONAL TURTLE LICENSE.] A person who does 
 11.24  not possess a turtle seller's license must obtain a recreational 
 11.25  turtle license to take turtles for personal use with commercial 
 11.26  equipment, but may not take them for commercial resale. 
 11.27     Subd. 2b.  [TURTLE SELLER'S APPRENTICE LICENSE.] (a) A 
 11.28  person with a turtle seller's license may list one person as an 
 11.29  apprentice on the license.  A person acting as an apprentice for 
 11.30  a turtle seller licensee must have an apprentice license and may 
 11.31  assist the turtle licensee in all licensed activities. 
 11.32     (b) The turtle seller licensee or turtle seller's 
 11.33  apprentice licensee must be present at all turtle operations 
 11.34  conducted under the turtle seller's license.  Turtle operations 
 11.35  include going to and from turtle harvest locations; setting, 
 11.36  lifting, and removing commercial turtle equipment; taking 
 12.1   turtles out of equipment; and transporting turtles from harvest 
 12.2   locations. 
 12.3      (c) A turtle seller's apprentice license is transferable by 
 12.4   the turtle seller licensee by making application to the 
 12.5   commissioner.  A person listed as an apprentice by a turtle 
 12.6   seller licensee must not be listed as an apprentice by another 
 12.7   turtle seller licensee nor may an apprentice possess a turtle 
 12.8   seller's license or a recreational turtle license. 
 12.9      Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need a 
 12.10  turtle seller's license or an angling license: 
 12.11     (1) when buying turtles for resale at a retail outlet; 
 12.12     (2) when buying a turtle at a retail outlet; or 
 12.13     (3) if the person is a nonresident buying a turtle from a 
 12.14  licensed turtle seller for export out of state.  Shipping 
 12.15  documents provided by the turtle seller must accompany each 
 12.16  shipment exported out of state by a nonresident.  Shipping 
 12.17  documents must include:  name, address, city, state, and zip 
 12.18  code of the buyer; number of each species of turtle; and name 
 12.19  and license number of the turtle seller.  
 12.20     Subd. 3.  [TAKING; METHODS PROHIBITED.] (a) Except as 
 12.21  allowed in paragraph (b), A person may take turtles in any 
 12.22  manner, except by the use of: 
 12.23     (1) explosives, drugs, poisons, lime, and other harmful 
 12.24  substances; 
 12.25     (2) traps, except as provided by rules adopted under 
 12.26  subdivision 6; or 
 12.27     (3) nets other than anglers' fish landing nets. 
 12.28     (b) A person with a turtle seller's license may take 
 12.29  turtles with a floating turtle trap that: 
 12.30     (1) has one or more openings above the water surface that 
 12.31  measure at least ten inches by four inches; and 
 12.32     (2) has a mesh size of not less than one-half inch, bar 
 12.33  measure. 
 12.34  The commissioner may prescribe additional regulations for taking 
 12.35  turtles for sale; or 
 12.36     (4) commercial equipment, except as provided by rules 
 13.1   adopted under subdivision 6.  
 13.2      Subd. 4.  [ARTIFICIAL LIGHTS.] The commissioner may issue 
 13.3   permits to take turtles with the use of artificial lights in 
 13.4   designated waters.  
 13.5      Subd. 5.  [INTERFERENCE WITH COMMERCIAL OR RECREATIONAL 
 13.6   TURTLE OPERATIONS.] A person may not: 
 13.7      (1) knowingly place or maintain an obstruction that will 
 13.8   hinder, prevent, or interfere with a licensed turtle operation; 
 13.9      (2) remove turtles, other wild animals, or fish from a 
 13.10  floating or submerged trap licensed under the game and fish 
 13.11  laws; or 
 13.12     (3) knowingly damage, disturb, or interfere with a licensed 
 13.13  turtle operation. 
 13.14     Subd. 6.  [RULES.] The commissioner may adopt rules for 
 13.15  taking turtles.  The commissioner may prescribe seasons, limits, 
 13.16  closed areas, and other restrictions and requirements the 
 13.17  commissioner deems necessary for the conservation of turtles. 
 13.18     Sec. 21.  Minnesota Statutes 2000, section 97C.611, is 
 13.19  amended to read: 
 13.20     97C.611 [SNAPPING TURTLES; LIMITS.] 
 13.21     A person may not possess more than three snapping turtles 
 13.22  of the species Chelydra serpentina without a turtle seller's 
 13.23  license.  A person may not take snapping turtles of a size less 
 13.24  than ten inches wide including curvature, measured from side to 
 13.25  side across the shell at midpoint only take snapping turtles of 
 13.26  a size defined by rules adopted under section 97C.605, 
 13.27  subdivision 6. 
 13.28     Sec. 22.  Minnesota Statutes 2001 Supplement, section 
 13.29  282.04, subdivision 1, is amended to read: 
 13.30     Subdivision 1.  [TIMBER SALES; LAND LEASES AND USES.] (a) 
 13.31  The county auditor may sell timber upon any tract that may be 
 13.32  approved by the natural resources commissioner.  Such sale of 
 13.33  timber shall be made for cash at not less than the appraised 
 13.34  value determined by the county board to the highest bidder after 
 13.35  not less than one week's published notice in an official paper 
 13.36  within the county.  Any timber offered at such public sale and 
 14.1   not sold may thereafter be sold at private sale by the county 
 14.2   auditor at not less than the appraised value thereof, until such 
 14.3   time as the county board may withdraw such timber from sale.  
 14.4   The appraised value of the timber and the forestry practices to 
 14.5   be followed in the cutting of said timber shall be approved by 
 14.6   the commissioner of natural resources.  
 14.7      (b) Payment of the full sale price of all timber sold on 
 14.8   tax-forfeited lands shall be made in cash at the time of the 
 14.9   timber sale, except in the case of oral or sealed bid auction 
 14.10  sales, the down payment shall be no less than 15 percent of the 
 14.11  appraised value, and the balance shall be paid prior to entry.  
 14.12  In the case of auction sales that are partitioned and sold as a 
 14.13  single sale with predetermined cutting blocks, the down payment 
 14.14  shall be no less than 15 percent of the appraised price of the 
 14.15  entire timber sale which may be held until the satisfactory 
 14.16  completion of the sale or applied in whole or in part to the 
 14.17  final cutting block.  The value of each separate block must be 
 14.18  paid in full before any cutting may begin in that block.  With 
 14.19  the permission of the county administrator the purchaser may 
 14.20  enter unpaid blocks and cut necessary timber incidental to 
 14.21  developing logging roads as may be needed to log other blocks 
 14.22  provided that no timber may be removed from an unpaid block 
 14.23  until separately scaled and paid for.  
 14.24     (c) The county board may require final settlement on the 
 14.25  basis of a scale of cut products.  Any parcels of land from 
 14.26  which timber is to be sold by scale of cut products shall be so 
 14.27  designated in the published notice of sale above mentioned, in 
 14.28  which case the notice shall contain a description of such 
 14.29  parcels, a statement of the estimated quantity of each species 
 14.30  of timber thereon and the appraised price of each specie of 
 14.31  timber for 1,000 feet, per cord or per piece, as the case may 
 14.32  be.  In such cases any bids offered over and above the appraised 
 14.33  prices shall be by percentage, the percent bid to be added to 
 14.34  the appraised price of each of the different species of timber 
 14.35  advertised on the land.  The purchaser of timber from such 
 14.36  parcels shall pay in cash at the time of sale at the rate bid 
 15.1   for all of the timber shown in the notice of sale as estimated 
 15.2   to be standing on the land, and in addition shall pay at the 
 15.3   same rate for any additional amounts which the final scale shows 
 15.4   to have been cut or was available for cutting on the land at the 
 15.5   time of sale under the terms of such sale.  Where the final 
 15.6   scale of cut products shows that less timber was cut or was 
 15.7   available for cutting under terms of such sale than was 
 15.8   originally paid for, the excess payment shall be refunded from 
 15.9   the forfeited tax sale fund upon the claim of the purchaser, to 
 15.10  be audited and allowed by the county board as in case of other 
 15.11  claims against the county.  No timber, except hardwood pulpwood, 
 15.12  may be removed from such parcels of land or other designated 
 15.13  landings until scaled by a person or persons designated by the 
 15.14  county board and approved by the commissioner of natural 
 15.15  resources.  Landings other than the parcel of land from which 
 15.16  timber is cut may be designated for scaling by the county board 
 15.17  by written agreement with the purchaser of the timber.  The 
 15.18  county board may, by written agreement with the purchaser and 
 15.19  with a consumer designated by the purchaser when the timber is 
 15.20  sold by the county auditor, and with the approval of the 
 15.21  commissioner of natural resources, accept the consumer's scale 
 15.22  of cut products delivered at the consumer's landing.  No timber 
 15.23  shall be removed until fully paid for in cash.  Small amounts of 
 15.24  timber not exceeding $3,000 in appraised valuation may be sold 
 15.25  for not less than the full appraised value at private sale to 
 15.26  individual persons without first publishing notice of sale or 
 15.27  calling for bids, provided that in case of such sale involving a 
 15.28  total appraised value of more than $200 the sale shall be made 
 15.29  subject to final settlement on the basis of a scale of cut 
 15.30  products in the manner above provided and not more than two such 
 15.31  sales, directly or indirectly to any individual shall be in 
 15.32  effect at one time. 
 15.33     (d) As directed by the county board, the county auditor may 
 15.34  lease tax-forfeited land to individuals, corporations or 
 15.35  organized subdivisions of the state at public or private vendue, 
 15.36  and at such prices and under such terms as the county board may 
 16.1   prescribe, for use as cottage and camp sites and for 
 16.2   agricultural purposes and for the purpose of taking and removing 
 16.3   of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt 
 16.4   therefrom, and for garden sites and other temporary uses 
 16.5   provided that no leases shall be for a period to exceed ten 
 16.6   years; provided, further that any leases involving a 
 16.7   consideration of more than $12,000 per year, except to an 
 16.8   organized subdivision of the state shall first be offered at 
 16.9   public sale in the manner provided herein for sale of timber.  
 16.10  Upon the sale of any such leased land, it shall remain subject 
 16.11  to the lease for not to exceed one year from the beginning of 
 16.12  the term of the lease.  Any rent paid by the lessee for the 
 16.13  portion of the term cut off by such cancellation shall be 
 16.14  refunded from the forfeited tax sale fund upon the claim of the 
 16.15  lessee, to be audited and allowed by the county board as in case 
 16.16  of other claims against the county. 
 16.17     (e) As directed by the county board, the county auditor may 
 16.18  lease tax-forfeited land to individuals, corporations, or 
 16.19  organized subdivisions of the state at public or private vendue, 
 16.20  at such prices and under such terms as the county board may 
 16.21  prescribe, for the purpose of taking and removing for use for 
 16.22  road construction and other purposes tax-forfeited stockpiled 
 16.23  iron-bearing material.  The county auditor must determine that 
 16.24  the material is needed and suitable for use in the construction 
 16.25  or maintenance of a road, tailings basin, settling basin, dike, 
 16.26  dam, bank fill, or other works on public or private property, 
 16.27  and that the use would be in the best interests of the public.  
 16.28  No lease shall exceed ten years.  The use of a stockpile for 
 16.29  these purposes must first be approved by the commissioner of 
 16.30  natural resources.  The request shall be deemed approved unless 
 16.31  the requesting county is notified to the contrary by the 
 16.32  commissioner of natural resources within six months after 
 16.33  receipt of a request for approval for use of a stockpile.  Once 
 16.34  use of a stockpile has been approved, the county may continue to 
 16.35  lease it for these purposes until approval is withdrawn by the 
 16.36  commissioner of natural resources. 
 17.1      (f) The county auditor, with the approval of the county 
 17.2   board is authorized to grant permits, licenses, and leases to 
 17.3   tax-forfeited lands for the depositing of stripping, lean ores, 
 17.4   tailings, or waste products from mines or ore milling plants, 
 17.5   upon such conditions and for such consideration and for such 
 17.6   period of time, not exceeding 15 years, as the county board may 
 17.7   determine; said permits, licenses, or leases to be subject to 
 17.8   approval by the commissioner of natural resources. 
 17.9      (g) Any person who removes any timber from tax-forfeited 
 17.10  land before said timber has been scaled and fully paid for as 
 17.11  provided in this subdivision is guilty of a misdemeanor. 
 17.12     (h) The county auditor may, with the approval of the county 
 17.13  board, and without first offering at public sale, grant leases, 
 17.14  for a term not exceeding 25 years, for the removal of peat from 
 17.15  tax-forfeited lands upon such terms and conditions as the county 
 17.16  board may prescribe.  Any lease for the removal of peat from 
 17.17  tax-forfeited lands must first be reviewed and approved by the 
 17.18  commissioner of natural resources if the lease covers 320 or 
 17.19  more acres.  No lease for the removal of peat shall be made by 
 17.20  the county auditor pursuant to this section without first 
 17.21  holding a public hearing on the auditor's intention to lease.  
 17.22  One printed notice in a legal newspaper in the county at least 
 17.23  ten days before the hearing, and posted notice in the courthouse 
 17.24  at least 20 days before the hearing shall be given of the 
 17.25  hearing. 
 17.26     (i) Notwithstanding any provision of paragraph (c) to the 
 17.27  contrary, the St. Louis county auditor may, at the discretion of 
 17.28  the county board, sell timber to the party who bids the highest 
 17.29  price for all the several kinds of timber, as provided for sales 
 17.30  by the commissioner of natural resources under section 90.14.  
 17.31  Bids offered over and above the appraised price need not be 
 17.32  applied proportionately to the appraised price of each of the 
 17.33  different species of timber. 
 17.34     Sec. 23.  [STUDY AND REPORT.] 
 17.35     The commissioner of natural resources must review Minnesota 
 17.36  Statutes 2000, sections 84.029, 84A.55, and 85.04, and the 
 18.1   February 2002 operational order on natural resources officers, 
 18.2   and analyze the citation authority for nonconservation officers 
 18.3   and how that differs from conservation officer authority 
 18.4   generally under the jurisdiction of the commissioner.  Included 
 18.5   in the review must be an analysis of citations given and 
 18.6   proposed to be given by any employee under the commissioner.  A 
 18.7   report on the study's findings must be given to the house and 
 18.8   senate chairs of the environmental and natural resources policy 
 18.9   and the crime prevention committees by January 15, 2003. 
 18.10     Sec. 24.  [REPEALER.] 
 18.11     Minnesota Statutes 2000, sections 90.50; 97C.003; and 
 18.12  97C.605, subdivision 4, are repealed. 
 18.13     Sec. 25.  [EFFECTIVE DATE.] 
 18.14     Sections 6, 10, 16, 17, and 18 are effective the day 
 18.15  following final enactment.