HF 3116

Conference Committee Report - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to game and fish; modifying critical habitat private sector matching
account provisions; providing definitions; providing for and modifying
disposition of certain revenue; modifying restrictions on motorized watercraft
and recreational vehicles in wildlife management areas; providing for inspection
of equipment used to take wild animals; modifying certain penalty and fee
amounts; modifying certain game and fish license provisions; modifying firearms
possession provisions for persons under 16; providing for collecting antler
sheds; modifying certain provisions for taking and possessing game and fish;
modifying provisions for fishing contests; providing for a moratorium on use
of public waters for aquaculture; amending Minnesota Statutes 2004, sections
84.943, subdivision 3; 97A.015, by adding a subdivision; 97A.055, subdivision
2; 97A.065, subdivision 2; 97A.075, subdivision 1; 97A.101, subdivision 4;
97A.251, subdivision 1; 97A.321; 97A.445, subdivision 3; 97A.475, subdivision
2; 97B.021, subdivision 1, by adding a subdivision; 97B.301, subdivision 7;
97C.081, subdivisions 4, 6, 8, 9; 97C.205; 97C.355, subdivision 7; 97C.371,
subdivision 4; Minnesota Statutes 2005 Supplement, sections 97A.405,
subdivision 4; 97A.475, subdivision 3; 97A.551, subdivision 6; proposing coding
for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes
2004, section 97C.355, subdivision 6.

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

Section 1.

Minnesota Statutes 2004, section 84.943, subdivision 3, is amended to read:

Subd. 3.

Appropriations must be matched by private funds.

Appropriations
transferred to the critical habitat private sector matching account and money credited to
the account under section 168.1296, subdivision 5, may be expended only to the extent
that they are matched equally with contributions deleted text begin to the account deleted text end from private sources
or by funds contributed to the nongame wildlife management account. The private
contributions may be made in cash deleted text begin or in contributions of deleted text end new text begin , property, new text end land or interests in
land deleted text begin that are designated by the commissioner of natural resources as program acquisitions deleted text end .
Appropriations transferred to the account that are not matched within three years from the
date of the appropriation shall cancel to the source of the appropriation. For the purposes
of this section, the private contributions of new text begin property, new text end land new text begin , new text end or interests in land new text begin that are
retained by the commissioner new text end shall be valued in accordance with their appraised value.

Sec. 2.

Minnesota Statutes 2004, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 14a. new text end

new text begin Deer. new text end

new text begin "Deer" means white-tailed or mule deer.
new text end

Sec. 3.

Minnesota Statutes 2004, section 97A.055, subdivision 2, is amended to read:

Subd. 2.

Receipts.

The commissioner of finance shall credit to the game and fish
fund all money received under the game and fish laws new text begin and all income from lands acquired
by the state for game or fish purposes by purchase or gift, new text end including receipts from:

(1) licenses new text begin and permits new text end issued;

(2) fines and forfeited bail;

(3) sales of contraband, wild animals, and other property under the control of the
division;

(4) fees from advanced education courses for hunters and trappers;

(5) reimbursements of expenditures by the division;

(6) contributions to the division; and

(7) revenue credited to the game and fish fund under section 297A.94, paragraph
(e), clause (1).

Sec. 4.

Minnesota Statutes 2004, section 97A.065, subdivision 2, is amended to read:

Subd. 2.

Fines and forfeited bail.

(a) Fines and forfeited bail collected from
prosecutions of violations of: the game and fish laws or rules adopted thereunder; sections
84.091 to 84.15 or rules adopted thereunder; sections 84.81 to 84.91 or rules adopted
thereunder; section 169A.20, when the violation involved an off-road recreational vehicle
as defined in section 169A.03, subdivision 16; chapter 348; and any other law relating
to wild animals or aquatic vegetation, must be paid to the treasurer of the county where
the violation is prosecuted. The county treasurer shall submit one-half of the receipts to
the commissioner and credit the balance to the county general revenue fund except as
provided in paragraphs (b) deleted text begin , deleted text end new text begin and new text end (c) deleted text begin , and (d) deleted text end . In a county in a judicial district under section
480.181, subdivision 1, paragraph (b), the share that would otherwise go to the county
under this paragraph must be submitted to the commissioner of finance for deposit in the
state treasury and credited to the general fund.

deleted text begin (b) The commissioner may reimburse a county, from the game and fish fund, for the
cost of keeping prisoners prosecuted for violations of the game and fish laws under this
section if the county board, by resolution, directs: (1) the county treasurer to submit all
game and fish fines and forfeited bail to the commissioner; and (2) the county auditor to
certify and submit monthly itemized statements to the commissioner.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The county treasurer shall submit one-half of the receipts collected under
paragraph (a) from prosecutions of violations of sections 84.81 to 84.91 or rules adopted
thereunder, and 169A.20, except receipts that are surcharges imposed under section
357.021, subdivision 6, to the commissioner and credit the balance to the county
general fund. The commissioner shall credit these receipts to the snowmobile trails and
enforcement account in the natural resources fund.

deleted text begin (d) deleted text end new text begin (c) new text end The county treasurer shall indicate the amount of the receipts that are
surcharges imposed under section 357.021, subdivision 6, and shall submit all of those
receipts to the commissioner of finance.

Sec. 5.

Minnesota Statutes 2004, section 97A.075, subdivision 1, is amended to read:

Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions
2, clauses (4), (5), (9), (11), (13), and (14), and 3, clauses (2), (3), and (7), and licenses
issued under section 97B.301, subdivision 4.

(b) deleted text begin At least deleted text end $2 from each annual deer license and $2 annually from the lifetime fish
and wildlife trust fund, established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, new text begin shall be credited to the deer management account and
new text end shall be used for deer habitat improvement or deer management programs.

(c) deleted text begin At least deleted text end $1 from each annual deer license and each bear license and $1 annually
from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each
license issued under section 97A.473, subdivision 4, new text begin shall be credited to the deer and bear
management account and new text end shall be used for deer and bear management programs, including
a computerized licensing system.

new text begin (d) new text end Fifty cents from each deer license is new text begin credited to the emergency deer feeding
and wild cervidae health management account and is new text end appropriated for emergency deer
feeding and wild cervidae health management. Money appropriated for emergency
deer feeding and wild cervidae health management is available until expended. When
the unencumbered balance in the appropriation for emergency deer feeding and wild
cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first
time, $750,000 is canceled to the unappropriated balance of the game and fish fund.
The commissioner must inform the legislative chairs of the natural resources finance
committees every two years on how the money for emergency deer feeding and wild
cervidae health management has been spent.

Thereafter, when the unencumbered balance in the appropriation for emergency deer
feeding and wild cervidae health management exceeds $2,500,000 at the end of a fiscal
year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer
and bear management programs and computerized licensing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2004, section 97A.101, subdivision 4, is amended to read:

Subd. 4.

Restrictions on airboats, watercraft, and recreational vehicles.

(a) The
use of airboats is prohibited at all times on lakes designated for wildlife management
purposes under this section unless otherwise authorized by the commissioner.

(b) The commissioner may restrict the use of motorized watercraft and recreational
vehicles on lakes designated for wildlife management purposes by posting all public
access points on the designated lake. new text begin Restrictions may include prohibitions or limitations
on the type of allowable motorized watercraft or recreational vehicle, horsepower or
thrust of motor, speed of operation, season or area of use, or other restrictions that the
commissioner determines are necessary to minimize disturbances to wildlife or to protect
wildlife habitat. Designation of areas, times, and types of restrictions to be posted shall be
by written order published in the State Register. Posting of the restrictions is not subject to
the rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 7.

Minnesota Statutes 2004, section 97A.251, subdivision 1, is amended to read:

Subdivision 1.

Unlawful conduct.

A person may not:

(1) intentionally hinder, resist, or obstruct an enforcement officer, agent, or employee
of the division in the performance of official duties;

(2) refuse to submit to inspection of deleted text begin firearms deleted text end new text begin licenses, wild animals, or equipment
used to take wild animals new text end while in the field deleted text begin , licenses, or wild animals deleted text end ; or

(3) refuse to allow inspection of a motor vehicle, boat, or other conveyance used
while taking or transporting wild animals.

Sec. 8.

Minnesota Statutes 2004, section 97A.321, is amended to read:

97A.321 DOGS PURSUING OR KILLING BIG GAME.

The owner of a dog that kills or pursues a big game animal is guilty of a petty
misdemeanor and is subject to a civil penalty of deleted text begin up to deleted text end $500 for each violation.

Sec. 9.

Minnesota Statutes 2005 Supplement, section 97A.405, subdivision 4, is
amended to read:

Subd. 4.

Replacement licenses.

(a) The commissioner may permit licensed deer
hunters to change zone, license, or season options. The commissioner may issue a
replacement license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the original and
the replacement license. When a person submits both an archery and a firearms license
for replacement, the commissioner may apply the value of both licenses towards the
replacement license fee.

(b) A replacement license may be issued only if the applicant has not used any tag
from the original license and meets the conditions of paragraph (c). The original license
and all unused tags for that license must be submitted to the issuing agent at the time
the replacement license is issued.

(c) A replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:

(1) when the season for the license being surrendered has not yet opened; or

(2) when the person is upgrading from a regular firearms or archery deer license to a
new text begin multizone or all season new text end deer license deleted text begin that is valid in multiple zones deleted text end .

(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid
immediately upon issuance if the license being surrendered is valid at that time.

Sec. 10.

Minnesota Statutes 2004, section 97A.445, subdivision 3, is amended to read:

Subd. 3.

Angling and spearing; disabled railroad and postal retirees.

A license
is not required to take fish by angling or spearing for a resident that is:

(1) new text begin a former railroad employee new text end receiving deleted text begin aid deleted text end new text begin disability pay new text end under deleted text begin the federal Railroad
Retirement Act of 1937, deleted text end United States Code, title 45, section deleted text begin 228b(a)5 deleted text end new text begin 231a(a)(1)(v) new text end ; or

(2) a former employee of the United States Postal Service receiving disability pay
under United States Code, title 5, section 8337.

Sec. 11.

Minnesota Statutes 2004, 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) to take turkey, $18;

(4) for persons age 18 or over to take deer with firearms, $26;

(5) for persons age 18 or over to take deer by archery, $26;

(6) to take moose, for a party of not more than six persons, $310;

(7) to take bear, $38;

(8) to take elk, for a party of not more than two persons, $250;

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

(10) to take Canada geese during a special season, $4;

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

(12) to take prairie chickens, $20;

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

(14) for persons at least age 12 and under age 18 to take deer by archery, $13.

Sec. 12.

Minnesota Statutes 2005 Supplement, section 97A.475, subdivision 3, is
amended to read:

Subd. 3.

Nonresident hunting.

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

(1) to take small game, $73;

(2) to take deer with firearms, $135;

(3) to take deer by archery, the greater of:

(i) an amount equal to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or province of residence; or

(ii) $135;

(4) to take bear, $195;

(5) to take turkey, $73;

(6) to take raccoon, bobcat, fox, or coyote, $155;

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

(8) to take Canada geese during a special season, $4.

Sec. 13.

Minnesota Statutes 2005 Supplement, section 97A.551, subdivision 6, is
amended to read:

Subd. 6.

Tagging and registration.

The commissioner may, by rule, require
persons taking, possessing, and transporting certain species of fish to tag the fish with
a special fish management tag and may require registration of tagged fish. A person
may not possess or transport a fish species taken in the state for which a special fish
management tag is required unless a tag is attached to the fish in a manner prescribed by
the commissioner. The commissioner shall prescribe the manner of issuance and the
type of tag as authorized under section 97C.087. The tag must be attached to the fish as
prescribed by the commissioner immediately upon reducing the fish to possession and
must remain attached to the fish until the fish is processed or consumed. Species for
which a special fish management tag is required must be transported undressed new text begin , except as
otherwise prescribed by the commissioner new text end .

Sec. 14.

new text begin [97B.0001] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The terms defined in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Bonus permit. new text end

new text begin "Bonus permit" means a license to take and tag deer by
archery or firearms, in addition to deer authorized to be taken under regular firearms
or archery licenses.
new text end

new text begin Subd. 3. new text end

new text begin Intensive deer area. new text end

new text begin "Intensive deer area" means an area of the state where
taking a deer of either sex is allowed and where multiple bonus permits are authorized.
new text end

new text begin Subd. 4. new text end

new text begin Lottery deer area. new text end

new text begin "Lottery deer area" means an area of the state where
taking antlerless deer is allowed only by either-sex permit and no bonus permits are
authorized.
new text end

new text begin Subd. 5. new text end

new text begin Managed deer area. new text end

new text begin "Managed deer area" means an area of the state
where taking a deer of either sex is allowed and where one bonus permit is authorized.
new text end

new text begin Subd. 6. new text end

new text begin Muzzleloader season. new text end

new text begin "Muzzleloader season" means the firearms
deer season option open only for legal muzzleloading firearms, as prescribed by the
commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Regular firearms season. new text end

new text begin "Regular firearms season" means any of the
firearms deer season options prescribed by the commissioner that begin in November,
exclusive of the muzzleloader season.
new text end

Sec. 15.

Minnesota Statutes 2004, section 97B.021, subdivision 1, is amended to read:

Subdivision 1.

Restrictions.

(a) Except as provided in this subdivision, a person
under the age of 16 may not possess a firearm deleted text begin , unless accompanied by deleted text end new text begin without maintaining
unaided visual and vocal contact with new text end a parent or guardian.

(b) A person under age 16 may possess a firearm without deleted text begin being accompanied by deleted text end new text begin
maintaining unaided visual and vocal contact with new text end a parent or guardian:

(1) on land owned by, or occupied as the principal residence of, the person or the
person's parent or guardian;

(2) while participating in an organized target shooting program with adult
supervision;

(3) while the person is participating in a firearms safety program or traveling to
and from class; or

(4) if the person is age 14 or 15 and has a firearms safety certificate.

Sec. 16.

Minnesota Statutes 2004, section 97B.021, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Parent or guardian duties. new text end

new text begin A parent or guardian may not knowingly
direct, allow, or permit a person under the age of 16 to possess a firearm in violation
of this section.
new text end

Sec. 17.

new text begin [97B.22] COLLECTING ANTLER SHEDS.
new text end

new text begin (a) A person may take and possess naturally shed antlers without a license.
new text end

new text begin (b) A person may not use equipment intended to artificially pull, sever, or otherwise
cause antlers of live deer, moose, elk, or caribou to be shed or removed.
new text end

Sec. 18.

Minnesota Statutes 2004, section 97B.301, subdivision 7, is amended to read:

Subd. 7.

All season deer license.

(a) A resident may obtain an all season deer
license deleted text begin . This license deleted text end new text begin that new text end authorizes the resident to deleted text begin take one buck by firearm or archery deleted text end new text begin
hunt new text end during deleted text begin any season statewide. In addition, a resident obtaining this license may take
one antlerless deer: deleted text end new text begin the archery, regular firearms, and muzzleloader seasons. The all
season license is valid for taking two deer, no more than one of which may be a legal buck.
new text end

deleted text begin (1) by firearms in the regular firearms season if the resident first obtains an antlerless
deer permit or if the resident takes the antlerless deer in an area where the commissioner
has authorized taking a deer of either sex without an antlerless permit;
deleted text end

deleted text begin (2) by archery in the archery season; or
deleted text end

deleted text begin (3) by muzzleloader in the muzzleloader season.
deleted text end

(b) new text begin The all season deer license is valid for taking antlerless deer as follows:
new text end

new text begin (1) up to two antlerless deer may be taken during the archery or muzzleloader
seasons in any open area or during the regular firearms season in managed or intensive
deer areas; and
new text end

new text begin (2) one antlerless deer may be taken during the regular firearms season in a lottery
deer area, only with an either-sex permit or statutory exemption from an either-sex permit.
new text end

new text begin (c) new text end The commissioner shall issue deleted text begin one tag for a buck and one tag for an antlerless
deer deleted text end new text begin two tags new text end when issuing a license under this subdivision.

Sec. 19.

Minnesota Statutes 2004, section 97C.081, subdivision 4, is amended to read:

Subd. 4.

Restrictions.

The commissioner may by rule establish restrictions on
fishing contests to protect fish and fish habitat new text begin , to minimize user conflicts, new text end and for the
safety of contest participants.

Sec. 20.

Minnesota Statutes 2004, section 97C.081, subdivision 6, is amended to read:

Subd. 6.

Permit application process.

(a) Beginning deleted text begin September deleted text end new text begin August new text end 1 each
year, the commissioner shall accept permit applications for fishing contests to be held in
the following year.

(b) If the number of permit applications received by the commissioner from
deleted text begin September deleted text end new text begin August new text end 1 through the last Friday in deleted text begin October deleted text end new text begin September new text end exceeds the limits
specified in subdivisions 7 and 8, the commissioner shall notify the affected applicants
that their requested locations and time period are subject to a drawing. After notification,
the commissioner shall allow the affected applicants a minimum of seven days to change
the location or time period requested on their applications, provided that the change is
not to a location or time period for which applications are already at or above the limits
specified in subdivisions 7 and 8.

(c) After the applicants have been given at least seven days to change their
applications, the commissioner shall conduct a drawing for all locations and time periods
for which applications exceed limits. First preference in the drawings shall be given
to applicants for established or traditional fishing contests, and second preference to
applicants for contests that are not established as traditional fishing contests based on the
number of times they have been unsuccessful in previous drawings. Except for applicants
of established or traditional fishing contests, an applicant who is successful in a drawing
loses all accumulated preference. new text begin "Established or traditional fishing contest" means a
fishing contest that was issued permits in 1999 and 2000 or was issued permits four out of
five years from 1996 to 2000 for the same lake and time period. Beginning with 2001,
established or traditional fishing contests must continue to be conducted at least four out
of five years for the same lake and time period to remain established or traditional.
new text end

(d) The commissioner has until deleted text begin December deleted text end new text begin November new text end 7 to approve or deny permit
applications that are submitted by 4:30 p.m. on the last Friday in deleted text begin October deleted text end new text begin September new text end . The
commissioner may approve a permit application that is received after 4:30 p.m. on the last
Friday in deleted text begin October deleted text end new text begin September new text end if approving the application would not result in exceeding
the limits in subdivisions 7 and 8.

Sec. 21.

Minnesota Statutes 2004, section 97C.081, subdivision 8, is amended to read:

Subd. 8.

Limits on number of fishing contests.

deleted text begin (a) deleted text end The number of permitted
fishing contests allowed each month on a water body shall not exceed the following limits:

new text begin (1) Lakes:
new text end

	Maximum number of permitted fishing contests	Maximum number of large permitted fishing contests	Maximum number of permitted fishing contest days
Size/acres
less than 2,000	2	0	4
2,000-4,999	3	1	6
5,000-14,999	4	2	8
15,000-55,000	5	3	10
more than 55,000	no limit	no limit	no limit

deleted text begin (b) deleted text end For boundary deleted text begin waters deleted text end new text begin water lakes new text end , the limits on the number of permitted fishing
contests shall be determined based on the Minnesota acreage.

new text begin (2) Rivers:
new text end

	new text begin Maximum number of permitted fishing contests new text end	new text begin Maximum number of large permitted fishing contests new text end	new text begin Maximum number of permitted fishing contest days new text end
new text begin Mississippi River: Pool 1, 2, 3, 5, 5A, 6, 7, 8, 9 new text end	new text begin 4 (each pool) new text end	new text begin 2 (each pool) new text end	new text begin 8 (each pool) new text end
new text begin Pool 4 new text end	new text begin 5 new text end	new text begin 3 new text end	new text begin 10 new text end

new text begin St. Croix River new text end	new text begin 2 new text end	new text begin 1 new text end	new text begin 4 new text end
new text begin Lake St. Croix new text end	new text begin 4 new text end	new text begin 2 new text end	new text begin 8 new text end

new text begin Contest waters identified in the permit for Mississippi River pools are limited to
no more than one lockage upstream and one lockage downstream from the pool where
the contest access and weigh-in is located.
new text end

new text begin Contest waters for Lake St. Croix are bounded by the U.S. Highway 10 bridge at
Prescott upstream to the Arcola Bar. Contest waters for the St. Croix River are bounded
by the Arcola Bar upstream to the Wisconsin state line.
new text end

new text begin For all other rivers, no more than two contest permits, not to exceed four days
combined, may be issued for any continuous segment of a river per month. Of the two
contests permitted, only one shall be a large permitted fishing contest. Permits issued by
the commissioner shall not exceed 60 continuous river miles.
new text end

Sec. 22.

Minnesota Statutes 2004, section 97C.081, subdivision 9, is amended to read:

Subd. 9.

Permit restrictions.

(a) The commissioner may require fishing contest
permittees to limit prefishing to week days only as a condition of a fishing contest permit.
The commissioner may require proof from permittees that prefishing restrictions on the
permit are communicated to fishing contest participants and enforced.

(b) The commissioner may require permit restrictions on the hours that a permitted
fishing contest is conducted, including, but not limited to, starting and ending times.

(c) The commissioner may require permit restrictions on the number of parking
spaces that may be used on a state-owned public water access site. The commissioner may
require proof from permittees that parking restrictions on the permit are communicated to
fishing contest participants and enforced.

(d) To prevent undue deleted text begin loss deleted text end new text begin mortality new text end of new text begin released new text end fish, the commissioner may require
restrictions for off-site weigh-ins new text begin and live releases new text end on a fishing contest permit or may deny
permits requesting an off-site weigh-in new text begin or live release new text end .

(e) A person may not transfer a fishing contest permit to another person.

(f) Failure to comply with fishing contest permit restrictions may be considered
grounds for denial of future permit applications.

Sec. 23.

Minnesota Statutes 2004, section 97C.205, is amended to read:

97C.205 deleted text begin RULES FOR deleted text end TRANSPORTING AND STOCKING FISH.

(a) new text begin 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:
new text end

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

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

new text begin (3) is a minnow being transported under section 97C.515;
new text end

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

new text begin (5) is being transported as otherwise authorized in this section.
new text end

new text begin (b) new text end The commissioner may adopt rules to new text begin allow and new text end regulate:

(1) the transportation of fish and fish eggs deleted text begin from one body of water to another deleted text end ; and

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

deleted text begin (b) deleted text end new text begin (c) new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end 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. 24.

Minnesota Statutes 2004, section 97C.355, subdivision 7, is amended to read:

Subd. 7.

Dates and times houses may remain on ice.

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

(1) the last day of February, 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) March 15, for other state waters.

A new text begin shelter, including a new text end fish house or dark house new text begin , new text end 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 deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end in
violation of paragraph (a). The officer may remove, burn, or destroy the house new text begin or shelter new text end .
The officer shall seize the contents of the house new text begin or shelter new text end 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.

(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 new text begin shelter, including a new text end fish house or
dark house new text begin , new text end may be on the ice between 12:00 a.m. and one hour before sunrise until
12:00 a.m. the following Monday.

(d) A person may have a new text begin shelter, including a new text end fish house or dark house new text begin , new text end 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 new text begin or shelter new text end may not be unattended during those
hours.

Sec. 25.

Minnesota Statutes 2004, section 97C.371, subdivision 4, is amended to read:

Subd. 4.

Open season.

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

Sec. 26. new text begin MORATORIUM ON LICENSING OR USE OF NEW PUBLIC WATERS
FOR AQUACULTURE.
new text end

new text begin (a) The commissioner of natural resources may not license or use public waters, as
defined in Minnesota Statutes, section 103G.005, subdivision 15, for aquaculture or the
raising of fish that were not licensed by the commissioner of natural resources or used for
that purpose by the commissioner of natural resources during the five-year period prior to
April 1, 2006, except as provided in paragraph (b).
new text end

new text begin (b) The commissioner of natural resources may annually authorize fish rearing in
new public waters prior to December 31, 2007, if the fish rearing is conducted as part of a
wetland improvement plan approved by the commissioner.
new text end

new text begin (c) This section expires December 31, 2007.
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 97C.355, subdivision 6, new text end new text begin is repealed.
new text end