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HF 2564

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 10:48am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/03/2023

Current Version - as introduced

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A bill for an act
relating to natural resources; modifying provisions for snowmobile registration;
establishing accounts; modifying provisions for state parks and state trails;
modifying eligibility for Minnesota Naturalist Corps; modifying timber provisions;
modifying requirements for water permit applications; modifying requirements
for resident licenses; modifying walk-in access program; modifying use of
motorized vehicles in wildlife management areas; authorizing permits to take wild
animals under federal incidental take permit; modifying hunting and fishing
provisions; modifying elk management provisions; providing for nonlethal control
of deer and elk causing damage; modifying wanton waste provisions; clarifying
dates for certain open seasons; requiring rulemaking; appropriating money;
amending Minnesota Statutes 2022, sections 84.82, subdivision 2, by adding a
subdivision; 84.821, subdivision 2; 84.86, subdivision 1; 84.992, subdivisions 2,
5; 85.015, subdivision 10; 85.052, subdivision 6; 90.181, subdivision 2; 97A.031;
97A.126; 97A.137, subdivision 3; 97A.401, subdivision 1, by adding a subdivision;
97A.405, subdivision 5; 97B.071; 97B.301, subdivisions 2, 6; 97B.318, subdivision
1; 97B.516; 97B.668; 97C.041; 97C.315, subdivision 1; 97C.345, subdivision 1;
97C.371, subdivisions 1, 2, 4; 97C.395, subdivision 1; 97C.601, subdivision 1;
97C.836; 103G.301, subdivisions 6, 7; proposing coding for new law in Minnesota
Statutes, chapters 11A; 97C; repealing Minnesota Statutes 2022, section 97C.055;
Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4.

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

Section 1.

new text begin [11A.236] ACCOUNT TO INVEST FINANCIAL ASSURANCE MONEY
FROM PERMITS TO MINE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; appropriation. new text end

new text begin (a) The State Board of Investment, when
requested by the commissioner of natural resources, may invest money collected by the
commissioner as part of financial assurance provided under a permit to mine issued under
chapter 93. The State Board of Investment may establish one or more accounts into which
money may be deposited for the purposes of this section, subject to the policies and
procedures of the State Board of Investment. Use of any money in the account is restricted
to the financial assurance purposes identified in sections 93.46 to 93.51 and rules adopted
thereunder and as authorized under any trust fund agreement or other conditions established
under a permit to mine.
new text end

new text begin (b) Money in an account established under paragraph (a) is appropriated to the
commissioner for the purposes for which the account is established under this section.
new text end

new text begin Subd. 2. new text end

new text begin Account maintenance and investment. new text end

new text begin (a) The commissioner of natural
resources may deposit money in the appropriate account and may withdraw money from
the appropriate account for the financial assurance purposes identified in sections 93.46 to
93.51 and rules adopted thereunder and as authorized under any trust fund agreement or
other conditions established under the permit to mine for which the financial assurance is
provided, subject to the policies and procedures of the State Board of Investment.
new text end

new text begin (b) Investment strategies related to an account established under this section must be
determined jointly by the commissioner of natural resources and the executive director of
the State Board of Investment. The authorized investments for an account are the investments
authorized under section 11A.24 that are made available for investment by the State Board
of Investment.
new text end

new text begin (c) Investment transactions must be at a time and in a manner determined by the executive
director of the State Board of Investment. Decisions to withdraw money from the account
must be determined by the commissioner of natural resources, subject to the policies and
procedures of the State Board of Investment. Investment earnings must be credited to the
appropriate account for financial assurance under the identified permit to mine.
new text end

new text begin (d) An account may be terminated by the commissioner of natural resources at any time,
so long as the termination is in accordance with applicable statutes and rules and any trust
fund agreement or other conditions established under the permit to mine, subject to the
policies and procedures of the State Board of Investment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 84.82, subdivision 2, is amended to read:


Subd. 2.

Application, issuance, issuing fee.

(a) Application for registration or
reregistration shall be made to the commissioner or an authorized deputy registrar of motor
vehicles in a format prescribed by the commissioner and shall state the legal name and
address of every owner of the snowmobile.

(b) A person who purchases a snowmobile from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
21-day registration permit to each purchaser who applies to the dealer for registration. The
temporary permit must contain the dealer's identification number and phone number. Each
retail dealer shall submit completed registration and fees to the deputy registrar at least once
a week. No fee may be charged by a dealer to a purchaser for providing the temporary
permit.

(c) Upon receipt of the application and the appropriate fee, the commissioner or deputy
registrar shall issue to the applicant, or provide to the dealer, an assigned registration number
or a commissioner or deputy registrar temporary 21-day permit.new text begin The registration number
must be printed on a registration decal issued by the commissioner or a deputy registrar.
new text end
Once issued, the registration deleted text beginnumberdeleted text endnew text begin decalnew text end must be affixed to the snowmobile in a clearly
visible and permanent manner for enforcement purposes deleted text beginas the commissioner of natural
resources shall prescribe
deleted text endnew text begin according to subdivision 3bnew text end. A dealer subject to paragraph (b)
shall provide the registration materials or temporary permit to the purchaser within the
temporary 21-day permit period. The registration is not valid unless signed by at least one
owner.

(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33 shall also
be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the accounting and procedural
requirements necessary to ensure efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting and procedural requirements.

(e) In addition to other fees prescribed by law, an issuing fee of $4.50 is charged for
each snowmobile registration renewal, duplicate or replacement registration card, and
replacement decal, and an issuing fee of $7 is charged for each snowmobile registration and
registration transfer issued by:

(1) a registrar or a deputy registrar and must be deposited in the manner provided in
section 168.33, subdivision 2; or

(2) the commissioner and must be deposited in the state treasury and credited to the
snowmobile trails and enforcement account in the natural resources fund.

Sec. 3.

Minnesota Statutes 2022, section 84.82, is amended by adding a subdivision to
read:


new text begin Subd. 3b. new text end

new text begin Display of registration decal. new text end

new text begin (a) A person must not operate or transport a
snowmobile in the state or allow another to operate the person's snowmobile in the state
unless the snowmobile has its unexpired registration decal affixed to each side of the
snowmobile and the decals are legible.
new text end

new text begin (b) The registration decal must be affixed:
new text end

new text begin (1) for snowmobiles made after June 30, 1972, in the areas provided by the manufacturer
under section 84.821, subdivision 2; and
new text end

new text begin (2) for all other snowmobiles, on each side of the cowling on the upper half of the
snowmobile.
new text end

new text begin (c) When any previously affixed registration decal is destroyed or lost, a duplicate must
be affixed in the same manner as provided in paragraph (b).
new text end

Sec. 4.

Minnesota Statutes 2022, section 84.821, subdivision 2, is amended to read:


Subd. 2.

Area for registration number.

All snowmobiles made after June 30, 1972,
and sold in Minnesota, shall be designed and made to provide an area on which to affix the
registration deleted text beginnumberdeleted text endnew text begin decalnew text end. deleted text beginThis area shall be at a location and of dimensions prescribed by
rule of the commissioner.
deleted text endnew text begin A clear area must be provided on each side of the cowling with
a minimum size of 3-1/2 square inches and at least 12 inches from the ground when the
machine is resting on a hard surface.
new text end

Sec. 5.

Minnesota Statutes 2022, section 84.86, subdivision 1, is amended to read:


Subdivision 1.

Required rulesnew text begin, fees, and reportsnew text end.

new text begin(a) new text endWith a view of achieving maximum
use of snowmobiles consistent with protection of the environment the commissioner of
natural resources shall adopt rules in the manner provided by chapter 14, for the following
purposes:

(1) registration of snowmobiles deleted text beginand display of registration numbers.deleted text endnew text begin;
new text end

(2) use of snowmobiles insofar as game and fish resources are affecteddeleted text begin.deleted text endnew text begin;
new text end

(3) use of snowmobiles on public lands and waters, or on grant-in-aid trailsdeleted text begin.deleted text endnew text begin;
new text end

(4) uniform signs to be used by the state, counties, and cities, which are necessary or
desirable to control, direct, or regulate the operation and use of snowmobilesdeleted text begin.deleted text endnew text begin;
new text end

(5) specifications relating to snowmobile mufflersdeleted text begin.deleted text endnew text begin; and
new text end

(6) a comprehensive snowmobile information and safety education and training programdeleted text begin,
including
deleted text endnew text begin that includesnew text end butnew text begin isnew text end not limited to deleted text beginthe preparation and dissemination ofdeleted text endnew text begin preparing
and disseminating
new text end snowmobile information and safety advice to the public, deleted text beginthedeleted text end training deleted text beginofdeleted text end
snowmobile operators, and deleted text beginthe issuance ofdeleted text endnew text begin issuingnew text end snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile safety education and
training course.

new text begin (b)new text end For the purpose of administering deleted text beginsuchdeleted text endnew text begin thenew text end programnew text begin under paragraph (a), clause (6),new text end
and to defray expenses of training and certifying snowmobile operators, the commissioner
shall collect a fee from each person who receives the youth or adult training. The
commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a
manner that neither significantly overrecovers nor underrecovers costs, including overhead
costs, involved in providing the services. The fees are not subject to the rulemaking provisions
of chapter 14, and section 14.386 does not apply. The fees may be established by the
commissioner notwithstanding section 16A.1283. The fees, except for the issuing fee for
licensing agents under this subdivision, shall be deposited in the snowmobile trails and
enforcement account in the natural resources fund and the amount thereof, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for deleted text beginthe
administration of such
deleted text endnew text begin administering thenew text end programs. In addition to the fee established by the
commissioner, instructors may charge each person any fee paid by the instructor for the
person's online training course and up to the established fee amount for class materials and
expenses. The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the program
established under deleted text beginthisdeleted text endnew text begin paragraph (a),new text end clausenew text begin (6)new text end. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that leads to the certification of
snowmobile operators.

deleted text begin (7)deleted text endnew text begin (c)new text end The operator of any snowmobile involved in an accident resulting in injury
requiring medical attention or hospitalization to or death of any person or total damage to
an extent of $500 or more, shall forward a written report of the accident to the commissioner
on deleted text beginsuchdeleted text endnew text begin anew text end form deleted text beginasdeleted text endnew text begin prescribed bynew text end the commissioner deleted text beginshall prescribedeleted text end. If the operator is killed
or is unable to file a report due to incapacitation, any peace officer investigating the accident
shall file the accident report within ten business days.

Sec. 6.

Minnesota Statutes 2022, section 84.992, subdivision 2, is amended to read:


Subd. 2.

Program.

The commissioner of natural resources shall developnew text begin and implementnew text end
a program for the Minnesota Naturalist Corps that supports state parksnew text begin and trailsnew text end in providing
interpretation of the natural and cultural features of state parksnew text begin and trailsnew text end in order to enhance
visitors' awareness, understanding, and appreciation of those features and encourages the
wise and sustainable use of the environment.

Sec. 7.

Minnesota Statutes 2022, section 84.992, subdivision 5, is amended to read:


Subd. 5.

Eligibility.

A person is eligible to enroll in the Minnesota Naturalist Corps if
the persondeleted text begin:
deleted text end

deleted text begin (1) is a permanent resident of the state;
deleted text end

deleted text begin (2)deleted text end is a participant in an approved college internship program deleted text beginin a field related to natural
resources, cultural history, interpretation, or conservation; and
deleted text end

deleted text begin (3) has completed at least one year of postsecondary educationdeleted text end.

Sec. 8.

Minnesota Statutes 2022, section 85.015, subdivision 10, is amended to read:


Subd. 10.

Luce Line Trail, Hennepin, McLeod, and Meeker Counties.

(a) The trail
shall originate at Gleason Lake in Plymouth Village, Hennepin County, deleted text beginand shalldeleted text end follow
the route of the Chicago Northwestern Railroadnew text begin, and include a connection to Greenleaf Lake
State Recreation Area
new text end.

(b) The trail shall be developed for multiuse wherever feasible. The department shall
cooperate in maintaining its integrity for modes of use consistent with local ordinances.

(c) In establishing, developing, maintaining, and operating the trail, the commissioner
shall cooperate with local units of government and private individuals and groups. Before
acquiring any parcel of land for the trail, the commissioner of natural resources shall develop
a management program for the parcel and conduct a public hearing on the proposed
management program in the vicinity of the parcel to be acquired. The management program
of the commissioner shall include but not be limited to the following:

(1) fencing deleted text beginofdeleted text end portions of the trail where necessary to protect adjoining landowners; and

(2) deleted text beginthe maintenance ofdeleted text endnew text begin maintainingnew text end the trail in a deleted text beginlitter freedeleted text endnew text begin litter-freenew text end condition to the
extent practicable.

(d) The commissioner shall not acquire any of the right-of-way of the Chicago
Northwestern Railway Company until the abandonment of the line described in this
subdivision has been approved by the Surface Transportation Board or the former Interstate
Commerce Commission. Compensation, in addition to the value of the land, shall include
improvements made by the railroad, including but not limited to, bridges, trestles, public
road crossings, or any portion thereof, it being the desire of the railroad that such
improvements be included in the conveyance. The fair market value of the land and
improvements shall be recommended by two independent appraisers mutually agreed upon
by the parties. The fair market value thus recommended shall be reviewed by a review
appraiser agreed to by the parties, and the fair market value thus determined, and supported
by appraisals, may be the purchase price. The commissioner may exchange lands with
landowners abutting the right-of-way described in this section to eliminate diagonally shaped
separate fields.

Sec. 9.

Minnesota Statutes 2022, section 85.052, subdivision 6, is amended to read:


Subd. 6.

State park reservation system.

(a) The commissioner may, by written order,
develop reasonable reservation policies for deleted text begincampsites and otherdeleted text endnew text begin using camping,new text end lodgingnew text begin,
and day-use facilities and for tours, educational programs, seminars, events, and rentals
new text end.
The policies are exempt from the rulemaking provisions under chapter 14, and section
14.386 does not apply.

(b) The revenue collected from the state park reservation fee established under subdivision
5, including interest earned, deleted text beginshalldeleted text endnew text begin mustnew text end be deposited in the state park account in the natural
resources fund and is annually appropriated to the commissioner for the cost of operating
the state park reservation and point-of-sale system.

Sec. 10.

Minnesota Statutes 2022, section 90.181, subdivision 2, is amended to read:


Subd. 2.

Deferred payments.

(a) If the amount of the statement is not paidnew text begin or the payment
is not postmarked
new text end within 30 days of thenew text begin statementnew text end date deleted text beginthereof, it shall beardeleted text endnew text begin, the amount
bears
new text end interest at the rate determined pursuant to section 16A.124, except that the purchaser
deleted text begin shall not bedeleted text endnew text begin is notnew text end required to pay interest that totals $1 or less. If the amount is not paid
within 60 days, the commissioner shall place the account in the hands of the commissioner
of revenue according to chapter 16D, who shall proceed to collect the deleted text beginsamedeleted text endnew text begin amount duenew text end.
When deemed in the best interests of the state, the commissioner shall take possession of
the timber for which an amount is due wherever it may be found and sell the deleted text beginsamedeleted text endnew text begin timbernew text end
informally or at public auction after giving reasonable notice.

(b) The proceeds of the sale deleted text beginshalldeleted text endnew text begin mustnew text end be applied, first, to the payment of the expenses
of seizure and saledeleted text begin;deleted text end and, second, to the payment of the amount due for the timber, with
interestdeleted text begin; anddeleted text endnew text begin.new text end The surplus, if any, deleted text beginshall belongdeleted text endnew text begin belongsnew text end to the statedeleted text begin; and,deleted text endnew text begin.new text end In case a sufficient
amount is not realized to pay these amounts in full, the balance deleted text beginshalldeleted text endnew text begin mustnew text end be collected by
the attorney general. deleted text beginNeitherdeleted text end Payment of the amount, deleted text beginnor thedeleted text end recovery of judgment deleted text begintherefordeleted text endnew text begin
for the amount
new text end, deleted text beginnordeleted text end satisfaction of the judgment, deleted text beginnor thedeleted text endnew text begin ornew text end seizure and sale of timberdeleted text begin, shalldeleted text endnew text begin
does not:
new text end

new text begin (1)new text end release the sureties on any security deposit given pursuant to this chapterdeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (2)new text end preclude the state from afterwards claiming that the timber was cut or removed
contrary to law and recovering damages for the trespass thereby committeddeleted text begin,deleted text endnew text begin;new text end or

new text begin (3) preclude the statenew text end from prosecuting the offender criminally.

Sec. 11.

Minnesota Statutes 2022, section 97A.031, is amended to read:


97A.031 WANTON WASTE.

new text begin (a) new text endUnless expressly allowed, a person may not wantonly waste or destroy a usable part
of a protected wild animal.

new text begin (b) This section does not apply to common carp.
new text end

Sec. 12.

Minnesota Statutes 2022, section 97A.126, is amended to read:


97A.126 WALK-IN ACCESS PROGRAM.

Subdivision 1.

Establishment.

A walk-in access program is established to provide public
access to wildlife habitat on private land for hunting, new text beginbird-watching, nature photography,
and similar compatible uses,
new text endexcluding trapping, as provided under this section. The
commissioner may enter into agreements with other units of government and landowners
to provide private land hunting access.

Subd. 2.

Use of enrolled lands.

(a) From September 1 to May 31, a person must have
a walk-in access deleted text beginhunterdeleted text end validation in possession to huntnew text begin, photograph, and watch wildlifenew text end on
private lands, including agricultural lands, that are posted as being enrolled in the walk-in
access program.

(b) Huntingnew text begin, bird-watching, nature photography, and similar compatible usesnew text end on private
lands that are posted as enrolled in the walk-in access program is allowed from one-half
hour before sunrise to one-half hour after sunset.

(c) deleted text beginHunterdeleted text end Access on private lands that are posted as enrolled in the walk-in access
program is restricted to nonmotorized use, except by deleted text beginhuntersdeleted text endnew text begin personsnew text end with disabilities
operating motor vehicles on established trails or field roads who possess a valid permit to
shoot from a stationary vehicle under section 97B.055, subdivision 3.

(d) The general provisions for use of wildlife management areas adopted under sections
86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of motorboats,
firearms and target shooting, hunting stands, abandonment of trash and property, destruction
or removal of property, introduction of plants or animals, and animal trespass, apply to
deleted text begin hunters ondeleted text endnew text begin use ofnew text end lands enrolled in the walk-in access program.

(e) Any use of enrolled lands other than deleted text beginhunting according todeleted text endnew text begin use authorized undernew text end this
section is prohibited, including:

(1) harvesting bait, including minnows, leeches, and other live bait;

(2) training dogs or using dogs for activities other than hunting; and

(3) constructing or maintaining any building, dock, fence, billboard, sign, hunting blind,
or other structure, unless constructed or maintained by the landowner.

Subd. 3.

Walk-in-access deleted text beginhunterdeleted text end validation; fee.

The fee for a walk-in-access deleted text beginhunterdeleted text end
validation is $3.

Sec. 13.

Minnesota Statutes 2022, section 97A.137, subdivision 3, is amended to read:


Subd. 3.

Use of motorized vehicles by deleted text begindisabled huntersdeleted text endnew text begin people with disabilitiesnew text end.

The
commissioner may deleted text beginissuedeleted text endnew text begin provide an accommodation by issuingnew text end a special permit, without a
fee, authorizing a deleted text beginhunterdeleted text endnew text begin personnew text end with a deleted text beginpermanent physicaldeleted text end disability to use deleted text begina snowmobile,
highway-licensed vehicle, all-terrain vehicle,
deleted text end new text beginan other power-driven mobility device, as
defined under Code of Federal Regulations, title 28, section 35.104,
new text endornew text begin anew text end motor boat in
wildlife management areas. To qualify for a permit under this subdivision, the deleted text begindisableddeleted text end
person must deleted text beginpossess:deleted text endnew text begin provide credible assurance to the commissioner that the device or
motor boat is used because of a disability.
new text end

deleted text begin (1) the required hunting licenses; and
deleted text end

deleted text begin (2) a permit to shoot from a stationary vehicle under section 97B.055, subdivision 3.
deleted text end

Sec. 14.

Minnesota Statutes 2022, section 97A.401, subdivision 1, is amended to read:


Subdivision 1.

Commissioner's authority.

The commissioner may issue special permits
for the activities in this section. A special permit may be issued in the form of a general
permit to a governmental subdivision or to the general public to conduct one or more
activities under subdivisions 2 to deleted text begin8deleted text endnew text begin 9new text end.

Sec. 15.

Minnesota Statutes 2022, section 97A.401, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Taking wild animals with federal incidental take permit. new text end

new text begin The commissioner
must prescribe conditions for and may issue a permit to a person for taking wild animals
during activities covered under a federal incidental take permit issued under section
10(a)(1)(B) of the federal Endangered Species Act, including to a landowner for taking wild
animals during activities covered by a certificate of inclusion issued by the commissioner
under Code of Federal Regulations, title 50, section 13.25(e).
new text end

Sec. 16.

Minnesota Statutes 2022, section 97A.405, subdivision 5, is amended to read:


Subd. 5.

Resident licenses.

new text begin(a) new text endTo obtain a resident license, deleted text begina residentdeleted text endnew text begin an individualnew text end 21
years of age or older mustnew text begin be a resident andnew text end:

(1) possess a current Minnesota driver's licensenew text begin or a valid application receipt for a driver's
license that is at least 60 days past the issuance date
new text end;

(2) possess a current identification card issued by the commissioner of public safetynew text begin or
a valid application receipt for an identification card that is at least 60 days past the issuance
date
new text end; deleted text beginor
deleted text end

(3) present evidence showing proof of residency in cases when clause (1) or (2) would
violate the Religious Freedom Restoration Act of 1993, Public Law 103-141deleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) possess a Tribal identification card as provided in paragraph (b).
new text end

new text begin (b) For purposes of this subdivision, "Tribal identification card" means an unexpired
identification card as provided under section 171.072, paragraphs (b) and (c). The Tribal
identification card:
new text end

new text begin (1) must contain the enrolled Tribal member's Minnesota residence address; and
new text end

new text begin (2) may be used to obtain a resident license under paragraph (a) only if the Tribal member
does not have a current driver's license or state identification card in any state.
new text end

new text begin (c) A person must not have applied for, purchased, or accepted a resident hunting, fishing,
or trapping license issued by another state or foreign country within 60 days before applying
for a resident license under this section.
new text end

Sec. 17.

Minnesota Statutes 2022, section 97B.071, is amended to read:


97B.071 CLOTHING new text beginAND GROUND BLIND new text endREQUIREMENTS; BLAZE
ORANGE OR BLAZE PINK.

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

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

new text begin (c) A person in a fabric or synthetic ground blind on public land must have:
new text end

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

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

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

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

Sec. 18.

Minnesota Statutes 2022, section 97B.301, subdivision 2, is amended to read:


Subd. 2.

Limit of one deer.

A person may obtain one regular firearms season deer
license, one muzzleloader season deer license, and one archery season deer license in the
same license year, but may not deleted text begintagdeleted text endnew text begin takenew text end more than one deer except as provided in subdivisions
3 and 4.

Sec. 19.

Minnesota Statutes 2022, section 97B.301, subdivision 6, is amended to read:


Subd. 6.

Residents or nonresidents under age 18; taking either-sex deer.

A resident
or nonresident 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 or nonresidents under age 18, under the procedures
provided in section 97B.305, and may give preference to residents or nonresidents under
the age of 18 that have not previously been selected. This subdivision does not authorize
the taking of deleted text beginan antlerlessdeleted text endnew text begin anew text end deer by another member of a party under subdivision 3.

Sec. 20.

Minnesota Statutes 2022, section 97B.318, subdivision 1, is amended to read:


Subdivision 1.

Shotgun use area.

During deleted text beginthe regulardeleted text endnew text begin anynew text end firearms season in the shotgun
use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading
long guns, and legal handguns may be used for taking deer. Legal shotguns include those
with rifled barrels. The shotgun use area is that portion of the state lying within the following
described boundary: Beginning on the west boundary of the state at the northern boundary
of Clay County; thence along the northern boundary of Clay County to State Trunk Highway
(STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94
(I-94); thence along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence
along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas
County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to
CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to
CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd
County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH
27; thence along STH 27 to the Mississippi River; thence along the east bank of the
Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to
U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence
along the east, south, and west boundaries of the state to the point of beginning.

Sec. 21.

Minnesota Statutes 2022, section 97B.516, is amended to read:


97B.516 PLAN FOR ELK MANAGEMENT.

deleted text begin (a)deleted text end The commissioner of natural resources must adopt an elk management plan that:

(1) recognizes the value and uniqueness of elk;

(2) provides for integrated management of an elk population in harmony with the
environment; and

(3) affords optimum recreational opportunities.

deleted text begin (b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in
Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size
of the herd, including adoption or implementation of an elk management plan designed to
increase an elk herd, unless the commissioner of agriculture verifies that crop and fence
damages paid under section 3.7371 and attributed to the herd have not increased for at least
two years.
deleted text end

deleted text begin (c) At least 60 days prior to implementing a plan to increase an elk herd, the
commissioners of natural resources and agriculture must hold a joint public meeting in the
county where the elk herd to be increased is located. At the meeting, the commissioners
must present evidence that crop and fence damages have not increased in the prior two years
and must detail the practices that will be used to reduce elk conflicts with area landowners.
deleted text end

Sec. 22.

Minnesota Statutes 2022, section 97B.668, is amended to read:


97B.668 deleted text beginGAME BIRDSdeleted text endnew text begin ANIMALSnew text end CAUSING DAMAGE.

new text begin Subdivision 1. new text end

new text begin Game birds causing damage. new text end

Notwithstanding sections 97B.091 and
97B.805, subdivisions 1 and 2, a person or agent of that person on lands and nonpublic
waters owned or operated by the person may nonlethally scare, haze, chase, or harass game
birds that are causing property damage or to protect a disease risk at any time or place that
a hunting season for the game birds is not open. This section does not apply to public waters
as defined under section 103G.005, subdivision 15. This section does not apply to migratory
waterfowl on nests and other federally protected game birds on nests, except ducks and
geese on nests when a permit is obtained under section 97A.401.

new text begin Subd. 2. new text end

new text begin Deer and elk causing damage. new text end

new text begin (a) Notwithstanding section 97B.091, a property
owner, the property owner's immediate family member, or an agent of the property owner
may nonlethally scare, haze, chase, or harass deer or elk that are causing damage to
agricultural crops that are propagated under generally accepted agricultural practices.
new text end

new text begin (b) Paragraph (a) applies only:
new text end

new text begin (1) in the immediate area of the crop damage; and
new text end

new text begin (2) during the closed season for taking deer or elk.
new text end

new text begin (c) Paragraph (a) does not allow:
new text end

new text begin (1) using poisons;
new text end

new text begin (2) using dogs;
new text end

new text begin (3) conduct that drives a deer or elk to the point of exhaustion;
new text end

new text begin (4) activities that require a permit under section 97A.401; or
new text end

new text begin (5) conduct that causes the death of or that is likely to cause the death of a deer or elk.
new text end

new text begin (d) A property owner or the owner's agent must report the death of a deer or elk to staff
in the Division of Fish and Wildlife within 24 hours of the death if the death resulted from
actions taken under paragraph (a).
new text end

Sec. 23.

Minnesota Statutes 2022, section 97C.041, is amended to read:


97C.041 COMMISSIONER MAY REMOVE ROUGH FISH AND CATFISH.

The commissioner may take rough fishdeleted text begin, lake whitefish,deleted text end and rainbow smelt with seines,
nets, and other devices. deleted text beginThe commissioner may also take catfish with seines, nets, and other
devices on the Minnesota-Wisconsin boundary waters.
deleted text end The commissioner may hire or
contract persons, or issue permits, to take the fish. The commissioner shall prescribe the
manner of taking and disposal. The commissioner may award a contract under this section
without competitive bidding. Before establishing the contractor's compensation, the
commissioner must consider the qualifications of the contractor, including the contractor's
equipment, knowledge of the waters, and ability to perform the work.

Sec. 24.

Minnesota Statutes 2022, section 97C.315, subdivision 1, is amended to read:


Subdivision 1.

Lines.

An angler may not use more than one linenew text begin,new text end exceptnew text begin thatnew text end:

(1) two lines may be used to take fish through the ice; deleted text beginand
deleted text end

(2) the commissioner may, by rule, authorize the use of two lines in areas designated by
the commissioner in Lake Superiordeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) two lines may be used in the Minnesota River downstream of the Granite Falls Dam
and in the Mississippi River downstream of St. Anthony Falls.
new text end

Sec. 25.

Minnesota Statutes 2022, section 97C.345, subdivision 1, is amended to read:


Subdivision 1.

When use prohibited.

Except as specifically authorized, a person may
not take fish with a spear from the third Monday in February to the Friday before the last
Saturday in April and may not take fish with a fish trap, net, dip net, seine, or other device
capable of taking fish from the third Monday in February deleted text begintodeleted text endnew text begin throughnew text end April 30.

Sec. 26.

new text begin [97C.348] FELT-SOLED WADERS.
new text end

new text begin Using felt-soled waders is prohibited in waters of the state. For purposes of this section
"felt-soled waders" means boots or shoes that have water-absorbing material affixed to the
soles or bottoms.
new text end

Sec. 27.

Minnesota Statutes 2022, section 97C.371, subdivision 1, is amended to read:


Subdivision 1.

Species allowed.

Only rough fish, catfish, lake whitefish, new text begincisco (tulibee),
new text end and northern pike may be taken by spearing.

Sec. 28.

Minnesota Statutes 2022, section 97C.371, subdivision 2, is amended to read:


Subd. 2.

Dark houses required for certain species.

Catfish, lake whitefish, new text begincisco
(tulibee),
new text endand northern pike may be speared only from dark houses.

Sec. 29.

Minnesota Statutes 2022, section 97C.371, subdivision 4, is amended to read:


Subd. 4.

Open season.

The open season for spearing through the ice is November 15
deleted text begin todeleted text endnew text begin throughnew text end the last Sunday in February.

Sec. 30.

Minnesota Statutes 2022, 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 deleted text begintodeleted text endnew text begin throughnew text end
the last Sunday in February;

(2) for lake trout, from January 1 deleted text begintodeleted text endnew text begin throughnew text end October 31;

(3) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located outside or partially within the Boundary Waters Canoe Area,
from January 15 deleted text begintodeleted text endnew text begin throughnew text end March 31;

(4) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located entirely within the Boundary Waters Canoe Area, from January
1 deleted text begintodeleted text endnew text begin throughnew text end March 31;

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

(6) 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. 31.

Minnesota Statutes 2022, section 97C.601, subdivision 1, is amended to read:


Subdivision 1.

Season.

The open season for frogs is May 16 deleted text begintodeleted text endnew text begin throughnew text end March 31. The
commissioner may, by rule, establish closed seasons in specified areas.

Sec. 32.

Minnesota Statutes 2022, section 97C.836, is amended to read:


97C.836 LAKE SUPERIOR LAKE TROUT; EXPANDED ASSESSMENT
HARVEST.

The commissioner shall provide for taking of lake trout by licensed commercial operators
in Lake Superior management zones MN-3 and MN-2 for expanded assessment and sale.
The commissioner shall authorize expanded assessment taking and sale of lake trout in Lake
Superior management zone MN-3 beginning annually in 2007 and zone MN-2 beginning
annually in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in zone
MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary to protect
the lake trout population or to manage the effects of invasive species or fish disease. Taking
lake trout for expanded assessment and sale shall be allowed from June 1 deleted text begintodeleted text endnew text begin throughnew text end
September 30, but may end earlier in the respective zones if the quotas are reached. The
quotas must be reassessed at the expiration of the current ten-year Fisheries Management
Plan for the Minnesota Waters of Lake Superior.

Sec. 33.

Minnesota Statutes 2022, section 103G.301, subdivision 6, is amended to read:


Subd. 6.

Filing application.

An application for a permit must be filed with the
commissioner deleted text beginanddeleted text endnew text begin.new text end If the proposed activity for which the permit is requested is within a
municipality, deleted text beginordeleted text end is within or affects a watershed district or a soil and water conservation
district, new text beginor is within the boundaries of a reservation or Tribal community of a federally
recognized Indian Tribe in Minnesota,
new text enda copy of the application with maps, plans, and
specifications must be served on the mayor of the municipality, the secretary of the board
of managers of the watershed district, deleted text beginanddeleted text end the secretary of the board of supervisors of the
soil and water conservation districtdeleted text begin.deleted text endnew text begin, or the Tribal chair of the federally recognized Indian
Tribe, as applicable. For purposes of this section, "federally recognized Indian Tribe" means
the Minnesota Tribal governments listed in section 10.65, subdivision 2.
new text end

Sec. 34.

Minnesota Statutes 2022, section 103G.301, subdivision 7, is amended to read:


Subd. 7.

Recommendation of local units of governmentnew text begin and federally recognized
Indian Tribes
new text end.

(a) If the proposed activity for which the permit is requested is within a
municipality, or is within or affects a watershed district or a soil and water conservation
district, the commissioner may obtain a written recommendation of the managers of the
district and the board of supervisors of the soil and water conservation district or the mayor
of the municipality before issuing or denying the permit.

(b) The managers, supervisors, or mayor must file a recommendation within 30 days
after receiving of a copy of the application for permit.

new text begin (c) If the proposed activity for which the permit is requested is within the boundaries of
a reservation or Tribal community of a federally recognized Indian Tribe in Minnesota, the
federally recognized Indian Tribe may:
new text end

new text begin (1) submit recommendations to the commissioner within 30 days of receiving the
application; or
new text end

new text begin (2) request Tribal consultation according to section 10.65 within 30 days of receiving
the application.
new text end

new text begin (d) If Tribal consultation is requested under paragraph (c), clause (2), a permit application
is not complete until after the consultation occurs or 90 days after the request for consultation
is made, whichever is sooner.
new text end

Sec. 35. new text beginREQUIRED RULEMAKING.
new text end

new text begin Subdivision 1. new text end

new text begin Snowmobile registration. new text end

new text begin (a) The commissioner of natural resources
must amend Minnesota Rules as follows:
new text end

new text begin (1) part 6100.5000, subpart 1, by striking the last sentence and inserting "The registration
number remains the same if renewed by July 1 following the expiration date."; and
new text end

new text begin (2) part 6100.5700, subpart 1, item C, by striking the reference to registration numbers.
new text end

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

new text begin Subd. 2. new text end

new text begin Walk-in access program. new text end

new text begin The commissioner of natural resources must amend
Minnesota Rules, part 6230.0250, subpart 10, item A, subitem (2), to replace the word
"hunter" with "person." The commissioner may use the good cause exempt rulemaking
procedure under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota
Statutes, section 14.386, does not apply.
new text end

Sec. 36. new text beginREGISTRATION DECAL FORMAT TRANSITION.
new text end

new text begin Separately displaying registration numbers is not required when a larger-format
registration decal as provided under section 2 is displayed according to section 3.
Snowmobiles displaying valid but older, smaller-format registration decals must display
the separate registration numbers. Persons may obtain duplicate registration decals in the
new, larger format, when available, without being required to display the separate registration
numbers.
new text end

Sec. 37. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 97C.055, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; and 6100.5700, subpart 4, new text end new text begin
are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-00238

97C.055 REMOVING DEAD FISH.

The commissioner shall remove and dispose of dead fish that accumulate in or upon the shores of public waters in quantities that are a public nuisance or are detrimental to game fish.

Repealed Minnesota Rule: 23-00238

6100.5000 SNOWMOBILE REGISTRATION AND DISPLAY OF NUMBERS.

Subp. 3.

Affixation of number.

The registration number of the snowmobile, shown on the registration certificate, shall be affixed to the snowmobile and maintained in a clear, legible manner. On all machines made after June 30, 1972, and sold in Minnesota, such registration number shall be affixed in the space provided therefor in accordance with part 6100.5700, subpart 4. On all other machines it shall be affixed on each side of the cowling on the upper half of the machine, as follows.

[ Image Not Shown ]

Subp. 4.

Description of decal or number; lost or destroyed number or decal.

All letters and numbers shall be of a color which will contrast with the surface to which applied, and shall be at least three inches high and three-eighths inch stroke. When any previously affixed registration number or decal is destroyed or lost, a duplicate shall be affixed in the manner shown above. The registration number shall remain the same if renewed by July 1 following the expiration date.

Subp. 5.

General prohibition.

No person shall operate or transport, and no person shall permit the operation of, a snowmobile within this state which does not have its registration number and unexpired decal affixed in the form and manner required by this part, unless the owner is exempted from the registration requirements of this state by Minnesota Statutes, section 84.82.

6100.5700 REQUIRED EQUIPMENT.

Subp. 4.

Snowmobile registration number affixation.

All snowmobiles made after June 30, 1972, and sold in Minnesota, shall be designed and made to provide an area on which to affix the snowmobile registration number at the following location and of the following dimensions:

A.

A clear area shall be provided on each side of the cowling or pan with the minimum size of 3-1/2 inches vertical by 11 inches horizontal.

B.

It shall be a minimum of 12 inches from the ground when the machine is resting on a hard surface.