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CHAPTER 277--H.F.No. 2171

An act

relating to natural resources; modifying game and fish license provisions; providing for taking wolf; modifying requirements to take and transport wild animals; modifying department authority and duties; providing for continued operations when biennial appropriations have not been enacted; creating walk-in access program; modifying predator control program; modifying deer baiting restrictions; modifying authority to remove beavers; providing for and modifying disposition of certain receipts; modifying snowmobile registration and trail sticker requirements; modifying snowmobile operation provisions; modifying watercraft license fees; modifying shooting range provisions; modifying temporary drawdown of public waters provisions; modifying certain civil liability provisions; requiring certain hearings; requiring report; requiring rulemaking; providing civil penalties; appropriating money;

amending Minnesota Statutes 2010, sections 84.027, subdivisions 14, 15; 84.085, subdivision 1; 84.82, subdivisions 2, 3, 6; 84.8205, subdivision 1; 84.83, subdivisions 2, 3; 84.8712, subdivision 1; 86B.301, subdivision 2; 86B.415, subdivisions 1, 2, by adding a subdivision; 87A.01, subdivision 4; 87A.02, subdivision 2; 97A.015, subdivisions 3a, 53; 97A.055, by adding a subdivision; 97A.065, subdivision 6; 97A.085, by adding a subdivision; 97A.095, subdivisions 1, 2; 97A.137, subdivision 5; 97A.405, subdivision 4, by adding a subdivision; 97A.411, subdivision 1, by adding a subdivision; 97A.421, subdivision 3; 97A.431, subdivision 3; 97A.433, subdivision 3; 97A.435, subdivisions 2, 3; 97A.441, subdivision 7; 97A.451, subdivisions 3, 4, 5, by adding subdivisions; 97A.473, subdivisions 2, 2b, 3, 4, 5, 5a; 97A.474, subdivision 2; 97A.475, subdivisions 2, 3, 3a, 4, 6, 8, 11, 12, 20, 43, 44, 45; 97A.482; 97A.485, subdivision 7; 97B.001, subdivision 7; 97B.020; 97B.031, subdivisions 1, 2; 97B.035, subdivision 1a; 97B.071; 97B.085, subdivision 3; 97B.328; 97B.401; 97B.601, subdivisions 3a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4; 97B.711, subdivision 1; 97B.715, subdivision 1; 97B.801; 97B.805, subdivision 1; 97B.901; 97C.305, subdivisions 1, 2; 97C.355, subdivision 1, by adding a subdivision; 97C.395, subdivision 1; 97C.515, subdivisions 2, 4, 5; 103G.005, by adding a subdivision; 103G.408; 604A.21, subdivision 5; Minnesota Statutes 2011 Supplement, sections 84D.03, subdivision 3; 97A.075, subdivision 1, by adding a subdivision; 97A.475, subdivision 7; 97B.075; 97B.645, subdivision 9; 97B.667; Laws 2011, First Special Session chapter 2, article 1, section 4, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 87A; 97A; 97B; repealing Minnesota Statutes 2010, sections 17.4993, subdivision 2; 87A.02, subdivision 1; 97A.045, subdivisions 8, 13; 97A.065, subdivision 1; 97A.095, subdivision 3; 97A.331, subdivision 7; 97A.451, subdivisions 3a, 7; 97A.485, subdivision 12; 97A.552; 97B.645, subdivision 2; 97C.031.

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

ARTICLE 1

GAME AND FISH POLICY

Section 1.

Minnesota Statutes 2010, section 84.027, subdivision 14, is amended to read:

Subd. 14.

Mission; efficiency.

It is part of the department's mission that within the department's resources the commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's resources and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve customer service, increase public access to information about government, and increase public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent otherwise required by chapters 43A and 179A;

(6) report to the legislature on the performance of agency operations and the accomplishment of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; deleted text begin anddeleted text end

(7) recommend to the legislature appropriate changes in law necessary to carry out the mission and improve the performance of the departmentnew text begin ; andnew text end

new text begin (8) plan and implement activities designed to recruit new outdoor recreation participants, including youth, women, and minorities, and retain existing participants. This includes but is not limited to anglers, hunters, trappers, and campersnew text end .

Sec. 2.

Minnesota Statutes 2010, section 84.027, subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

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

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

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

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

(4) charge and permit agents to charge a convenience fee not to exceed three percent of the cost of the license to individuals who use electronic bank cards for payment. An electronic licensing system agent charging a fee of individuals making an electronic bank card transaction in person must post a sign informing individuals of the fee. The sign must be near the point of payment, clearly visible, include the amount of the fee, and state: "License agents are allowed by state law to charge a fee not to exceed three percent of the cost of state licenses to persons who use electronic bank cards for payment. The fee is not required by state law.";

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

(6) adopt rules to administer the provisions of this subdivision.

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

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

new text begin (d) Game and fish licenses under chapters 97A, 97B, and 97C shall be available by electronic transaction, regardless of whether all or any part of the biennial appropriation law for the department has been enacted. If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate money to the commissioner of management and budget for central accounting, procurement, payroll, and human resources functions, amounts necessary to operate those functions for the purpose of this paragraph are appropriated from the general fund to the commissioner of management and budget. As necessary, the commissioner may transfer a portion of this appropriation to other state agencies to support carrying out these functions. Any subsequent appropriation to the commissioner of management and budget for a biennium in which this section is applicable supersedes and replaces the funding authorized in this paragraph. new text end

Sec. 3.

Minnesota Statutes 2010, section 84.085, subdivision 1, is amended to read:

Subdivision 1.

Authority.

(a) The commissioner of natural resources may accept for and on behalf of the state any gift, bequest, devise, or grants of lands or interest in lands or personal property of any kind or of money tendered to the state for any purpose pertaining to the activities of the department or any of its divisions. Any money so received is hereby appropriated and dedicated for the purpose for which it is granted. Lands and interests in lands so received may be sold or exchanged as provided in chapter 94.new text begin The deed conveying land or an interest in land to the state under this paragraph must clearly indicate whether the state may resell the donated land or interest in land.new text end

(b) When the commissioner of natural resources accepts lands or interests in land, the commissioner may reimburse the donor for costs incurred to obtain an appraisal needed for tax reporting purposes. If the state pays the donor for a portion of the value of the lands or interests in lands that are donated, the reimbursement for appraisal costs shall not exceed $1,500. If the donor receives no payment from the state for the lands or interests in lands that are donated, the reimbursement for appraisal costs shall not exceed $5,000.

(c) The commissioner of natural resources, on behalf of the state, may accept and use grants of money or property from the United States or other grantors for conservation purposes not inconsistent with the laws of this state. Any money or property so received is hereby appropriated and dedicated for the purposes for which it is granted, and shall be expended or used solely for such purposes in accordance with the federal laws and regulations pertaining thereto, subject to applicable state laws and rules as to manner of expenditure or use providing that the commissioner may make subgrants of any money received to other agencies, units of local government, private individuals, private organizations, and private nonprofit corporations. Appropriate funds and accounts shall be maintained by the commissioner of management and budget to secure compliance with this section.

(d) The commissioner may accept for and on behalf of the permanent school fund a donation of lands, interest in lands, or improvements on lands. A donation so received shall become state property, be classified as school trust land as defined in section 92.025, and be managed consistent with section 127A.31.new text begin When the commissioner proposes to accept a donation of land or an interest in land, the commissioner must notify the landowner of the option to express in the deed whether the state may resell the land.new text end

Sec. 4.

Minnesota Statutes 2010, section 84.82, subdivision 2, is amended to read:

Subd. 2.

Application, issuance, deleted text begin reports, additionaldeleted text end new text begin issuingnew text end 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 deleted text begin as hereinafter provideddeleted text end , 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. Once issued, the registration number must be affixed to the snowmobile in a clearly visible and permanent manner for enforcement purposes as the commissioner of natural resources shall prescribe. 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. deleted text begin The temporary permit must indicate whether a snowmobile state trail sticker under section 84.8205 was purchased.deleted text end

(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 assure efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with these accounting and procedural requirements.

(e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:

(1) each snowmobile registered by the registrar or a deputy registrar and the additional fee shall be disposed of in the manner provided in section 168.33, subdivision 2; or

(2) each snowmobile registered by the commissioner and the additional fee shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund.

Sec. 5.

Minnesota Statutes 2010, section 84.82, subdivision 3, is amended to read:

Subd. 3.

Fees for registration.

(a) The fee for registration of each snowmobile, other than those used for an agricultural purpose, as defined in section 84.92, subdivision 1c, or those registered by a dealer or manufacturer pursuant to paragraph (b) or (c) shall be as follows: deleted text begin $45deleted text end new text begin $75new text end for three years and deleted text begin $4deleted text end new text begin $10new text end for a duplicate or transfer.

(b) The total registration fee for all snowmobiles owned by a dealer and operated for demonstration or testing purposes shall be $50 per year.

(c) The total registration fee for all snowmobiles owned by a manufacturer and operated for research, testing, experimentation, or demonstration purposes shall be $150 per year. Dealer and manufacturer registrations are not transferable.

(d) The onetime fee for registration of an exempt snowmobile under subdivision 6a is $6.

Sec. 6.

Minnesota Statutes 2010, section 84.82, subdivision 6, is amended to read:

Subd. 6.

Exemptions.

Registration is not required under this section for:

(1) a snowmobile owned and used by the United States, an Indian tribal government, another state, or a political subdivision thereof;

(2) a snowmobile registered in a country other than the United States temporarily used within this state;

(3) a snowmobile that is covered by a valid license of another state and has not been within this state for more than 30 consecutive daysnew text begin or that is registered by an Indian tribal government to a tribal member and has not been outside the tribal reservation boundary for more than 30 consecutive daysnew text end ;

(4) a snowmobile used exclusively in organized track racing events;

(5) a snowmobile in transit by a manufacturer, distributor, or dealer;

(6) a snowmobile at least 15 years old in transit by an individual for use only on land owned or leased by the individual; or

(7) a snowmobile while being used to groom a state or grant-in-aid trail.

Sec. 7.

Minnesota Statutes 2010, section 84.8205, subdivision 1, is amended to read:

Subdivision 1.

Sticker required; fee.

(a) deleted text begin Except as provided in paragraph (b), a persondeleted text end new text begin A snowmobile that is not registered in the state or that is registered by a manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c),new text end may not deleted text begin operate a snowmobiledeleted text end new text begin be operatednew text end on a state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker is affixed to the snowmobile.

new text begin (b) new text end The commissioner of natural resources shall issue a sticker upon application and payment of a deleted text begin $15deleted text end fee. The fee deleted text begin for a three-year snowmobile state trail sticker that is purchased at the time of snowmobile registration is $30deleted text end new text begin is:new text end

new text begin (1) $35 for a one-year snowmobile state trail sticker purchased by an individual; and new text end

new text begin (2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or manufacturernew text end .

new text begin (c) new text end In addition to other penalties prescribed by law, deleted text begin a persondeleted text end new text begin an individualnew text end in violation of this subdivision must purchase an annual state trail sticker for a fee of deleted text begin $30deleted text end new text begin $70new text end . The sticker is valid from November 1 through June 30. Fees collected under this section, except for the issuing fee for licensing agents, shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, grooming, and easement acquisition.

deleted text begin (b)deleted text end new text begin (d)new text end A state trail sticker is not required under this section for:

(1) deleted text begin a snowmobile owned by the state or a political subdivision of the state that is registered under section 84.82, subdivision 5;deleted text end

deleted text begin (2)deleted text end a snowmobile that is owned and used by the United States, an Indian tribal government, another state, or a political subdivision thereof that is exempt from registration under section 84.82, subdivision 6;

deleted text begin (3)deleted text end new text begin (2)new text end a collector snowmobile that is operated as provided in a special permit issued for the collector snowmobile under section 84.82, subdivision 7a;

deleted text begin (4)deleted text end new text begin (3)new text end a person operating a snowmobile only on the portion of a trail that is owned by the person or the person's spouse, child, or parent; or

deleted text begin (5)deleted text end new text begin (4)new text end a snowmobile while being used to groom a state or grant-in-aid trail.

deleted text begin (c) A temporary registration permit issued by a dealer under section 84.82, subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is included with the registration application fee. deleted text end

Sec. 8.

Minnesota Statutes 2010, section 84.83, subdivision 2, is amended to read:

Subd. 2.

Money deposited in the account.

Fees from the registration of snowmobilesnew text begin and from the issuance of snowmobile state trail stickersnew text end and the unrefunded gasoline tax attributable to snowmobile use pursuant to section 296A.18 shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account.

Sec. 9.

Minnesota Statutes 2010, section 84.83, subdivision 3, is amended to read:

Subd. 3.

Purposes for the accountnew text begin ; allocationnew text end .

new text begin (a) new text end The money deposited in the account and interest earned on that money may be expended only as appropriated by law for the following purposes:

(1) for a grant-in-aid program to counties and municipalities for construction and maintenance of snowmobile trails, including maintenance of trails on lands and waters of Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion; and on the following lakes in Cook County: Devil Track and Hungry Jack;

(2) for acquisition, development, and maintenance of state recreational snowmobile trails;

(3) for snowmobile safety programs; and

(4) for the administration and enforcement of sections 84.81 to 84.91 and appropriated grants to local law enforcement agencies.

new text begin (b) No less than 60 percent of revenue collected from snowmobile registration and snowmobile state trail sticker fees must be expended for grants-in-aid to develop, maintain, and groom trails and acquire easements. new text end

Sec. 10.

Minnesota Statutes 2010, section 84.8712, subdivision 1, is amended to read:

Subdivision 1.

Prohibition.

A person may not use a snowmobile with metal traction devices on a paved public traildeleted text begin , except as otherwise provideddeleted text end new text begin that is designated closed to such use new text end by a local government with jurisdiction over deleted text begin adeleted text end new text begin the new text end trail or new text begin on a paved state trail or new text end any portion of a paved state trailnew text begin that isnew text end designated new text begin closed to such use new text end by the commissioner.

Sec. 11.

Minnesota Statutes 2011 Supplement, section 84D.03, subdivision 3, is amended to read:

Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) and section 97C.341.

(b) In waters that are designated as infested waters, except those designated because they contain prohibited invasive species of fish or certifiable diseases of fish, as defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes according to a permit issued under section 84D.11, subject to rules adopted by the commissioner; deleted text begin anddeleted text end

(2) bait purposes for noncommercial personal use in waters that contain Eurasian water milfoil, when the infested waters are designated solely because they contain Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in lengthnew text begin ; andnew text end

new text begin (3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait from streams or rivers designated as infested waters, by hook and line for noncommercial personal use. Other provisions that apply to this clause are: new text end

new text begin (i) fish taken under this clause must be used on the same body of water where caught and while still on that water body; new text end

new text begin (ii) fish taken under this clause may not be transported live from or off the water body; new text end

new text begin (iii) fish harvested under this clause may only be used in accordance with this section; new text end

new text begin (iv) any other use of wild animals used for bait from infested waters is prohibited; new text end

new text begin (v) fish taken under this clause must meet all other size restrictions and requirements as established in rules; and new text end

new text begin (vi) all species listed under this clause shall be included in the person's daily limit as established in rules, if applicablenew text end .

(c) Equipment authorized for minnow harvest in a designated infested water by permit issued under paragraph (b) may not be transported to, or used in, any waters other than waters specified in the permit.

Sec. 12.

Minnesota Statutes 2010, section 86B.301, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

A watercraft license is not required for:

(1) a watercraft that is covered by a license or number in full force and effect under federal law or a federally approved licensing or numbering system of another state, and has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;

(2) a watercraft from a country other than the United States that has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;

(3) a watercraft owned by the United States, an Indian tribal government, a state, or a political subdivision of a state, except watercraft used for recreational purposes;

(4) a ship's lifeboat;

(5) a watercraft that has been issued a valid marine document by the United States government;

(6) a duck boat during duck hunting season;

(7) a rice boat during the harvest season;

(8) a seaplane; and

(9) a nonmotorized watercraft deleted text begin ninedeleted text end new text begin tennew text end feet in length or less.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013. new text end

Sec. 13.

Minnesota Statutes 2010, section 86B.415, subdivision 1, is amended to read:

Subdivision 1.

Watercraft 19 feet or less.

new text begin (a) Except as provided in paragraph (b) and subdivision 1a, new text end the fee for a watercraft license for watercraft 19 feet or less in length is $27 deleted text begin except:deleted text end new text begin .new text end

new text begin (b) The watercraft license fee: new text end

(1) for watercraft, other than personal watercraft, 19 feet in length or less that is offered for rent or lease, the fee is $9;

(2) for a deleted text begin canoe, kayak,deleted text end sailboat, deleted text begin sailboard, paddle boat, or rowing shelldeleted text end 19 feet in length or less, the fee is $10.50;

(3) for a watercraft 19 feet in length or less used by a nonprofit corporation for teaching boat and water safety, the fee is as provided in subdivision 4;

(4) for a watercraft owned by a dealer under a dealer's license, the fee is as provided in subdivision 5;

(5) for a personal watercraft, the fee is $37.50; and

(6) for a watercraft less than 17 feet in length, other than a watercraft listed in clauses (1) to (5), the fee is $18.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013. new text end

Sec. 14.

Minnesota Statutes 2010, section 86B.415, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Canoes, kayaks, sailboards, paddle boards, paddle boats, or rowing shells. new text end

new text begin The fee for a watercraft license for a canoe, kayak, sailboard, paddle board, paddle boat, or rowing shell over ten feet in length is $10.50. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013. new text end

Sec. 15.

Minnesota Statutes 2010, section 86B.415, subdivision 2, is amended to read:

Subd. 2.

Watercraft over 19 feet.

Except as provided in subdivisions new text begin 1a, new text end 3, 4, and 5, the watercraft license fee:

(1) for a watercraft more than 19 feet but less than 26 feet in length is $45;

(2) for a watercraft 26 feet but less than 40 feet in length is $67.50; and

(3) for a watercraft 40 feet in length or longer is $90.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013. new text end

Sec. 16.

Minnesota Statutes 2010, section 87A.01, subdivision 4, is amended to read:

Subd. 4.

Shooting range performance standards.

"Shooting range performance standards" means deleted text begin those rules adopted by the commissioner of natural resources underdeleted text end new text begin the best practices for shooting range performance standards identified innew text end section 87A.02 deleted text begin for the safe operation of shooting rangesdeleted text end .

Sec. 17.

Minnesota Statutes 2010, section 87A.02, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Interim standardsdeleted text end new text begin Best practicesnew text end .

deleted text begin Until the commissioner of natural resources adopts the shooting range performance standards under subdivision 1, paragraph (a)deleted text end new text begin For purposes of this chapternew text end , the November 1999 revised edition of the National Rifle Association's Range Source Book: A Guide to Planning and Construction shall serve as deleted text begin the interimdeleted text end new text begin best practices fornew text end shooting range performance standardsdeleted text begin , having the full effect of the shooting range performance standards for purposes of this chapter. The interim shooting range performance standards sunset and have no further effect under this chapter upon the effective date of the shooting range performance standards adopted under subdivision 1, paragraph (a)deleted text end .

Sec. 18.

new text begin [87A.09] PUBLIC SHOOTING RANGES; ACCESSIBILITY. new text end

new text begin (a) A publicly owned or managed shooting range located in the seven-county metropolitan area that is funded in whole or part with public funds must be available at least twice during the spring and twice during the summer for use by participants in a Minnesota Department of Natural Resources firearms safety instruction course under section 97B.015. The shooting range must be available during hours reasonable for youth participants. The range operator may charge a fee to cover any costs directly incurred from use required under this section, but may not charge a fee to offset costs for general maintenance and operation of the facility. new text end

new text begin (b) This section does not apply to cities of the first class or a shooting range located on the same premises as a correctional or detention facility that holds or incarcerates offenders. new text end

Sec. 19.

Minnesota Statutes 2010, section 97A.015, subdivision 3a, is amended to read:

Subd. 3a.

Bonus permit.

"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 licensesnew text begin , or a license issued under section 97A.441, subdivision 7new text end .

Sec. 20.

Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to read:

Subd. 53.

Unprotected wild animals.

"Unprotected wild animals" means wild animals that are not protected wild animals including weasel, coyote deleted text begin (brush wolf)deleted text end , gopher, porcupine, striped skunk, and unprotected birds.

Sec. 21.

Minnesota Statutes 2010, section 97A.065, subdivision 6, is amended to read:

Subd. 6.

Deer license donations and surcharges.

(a) The surcharges deleted text begin and donationsdeleted text end collected under section 97A.475, subdivision deleted text begin 3deleted text end new text begin 3anew text end , paragraph (b), deleted text begin and subdivision 3a,deleted text end shall be deposited in an account in the special revenue fund and are appropriated to the commissioner for deer management, including for grants or payments to agencies, organizations, or individuals for assisting with the cost of processing deer taken for population management purposes for venison donation programs. None of the additional license fees shall be transferred to any other agency for administration of programs other than venison donation. If any money transferred by the commissioner is not used for a venison donation program, it shall be returned to the commissioner.

(b) deleted text begin By February 10, 2010, the commissioner shall report to the legislature on the participation in and the effectiveness of the venison donation program.deleted text end new text begin The surcharges and donations under section 97A.475, subdivisions 3, paragraph (b); 3a, paragraph (a); and 4, paragraph (b), shall be deposited in an account in the special revenue fund and are appropriated to the commissioner for the walk-in access program.new text end

Sec. 22.

Minnesota Statutes 2011 Supplement, 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 (5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and (12), and licenses issued under section 97B.301, subdivision 4.

(b) $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, shall be credited to the deer management account and is appropriated to the commissioner for deer habitat improvement or deer management programs.

(c) $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, shall be credited to the deer and bear management account and is appropriated to the commissioner for deer and bear management programs, including a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild cervidae health management account and is 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. deleted text begin 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.deleted text end

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.

Sec. 23.

Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Wolf licenses; account established. new text end

new text begin (a) For purposes of this subdivision, "wolf license" means a license or permit issued under section 97A.475, subdivision 2, clause (16); 3, paragraph (a), clause (13); or 20, paragraph (b). new text end

new text begin (b) A wolf management and monitoring account is created in the game and fish fund. Revenue from wolf licenses must be credited to the wolf management and monitoring account and is appropriated to the commissioner only for wolf management, research, damage control, enforcement, and education. new text end

Sec. 24.

Minnesota Statutes 2010, section 97A.085, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Vacating refuges open to hunting. new text end

new text begin Notwithstanding subdivision 8, the commissioner may vacate a state game refuge by publishing a notice in the State Register if the refuge has been open to trapping and hunting small game including waterfowl, deer or bear by archery, and deer or bear by firearms for at least five years. new text end

Sec. 25.

Minnesota Statutes 2010, section 97A.095, subdivision 1, is amended to read:

Subdivision 1.

Migratory waterfowl sanctuary.

The commissioner may designate by rule any part of a state game refuge or any part of a public water that is designated for management purposes under section 97A.101, subdivision 2, as a migratory waterfowl sanctuary deleted text begin if there is presented to the commissioner a petition signed by ten resident licensed hunters describing an area that is primarily a migratory waterfowl refugedeleted text end . new text begin The commissioner must consider an area for designation upon presentation of a petition signed by at least ten residents demonstrating that the area is primarily a migratory waterfowl refuge. new text end The commissioner shall post the area as a migratory waterfowl sanctuary. A person may not enter a posted migratory waterfowl sanctuary during the open migratory waterfowl season new text begin or during other times prescribed by the commissioner new text end unless accompanied by or under a permit issued by a conservation officer or wildlife manager. Upon a request from a private landowner within a migratory waterfowl sanctuary, an annual permit must be issued to provide access to the property during the waterfowl season. The permit shall include conditions that allow no activity which would disturb waterfowl using the refuge during the waterfowl season.

Sec. 26.

Minnesota Statutes 2010, section 97A.095, subdivision 2, is amended to read:

Subd. 2.

Waterfowl feeding and resting areas.

The commissioner may, by rule, designate any part of a lake as a migratory feeding and resting areanew text begin if there is adequate, free public access to the areanew text end . Before designation, the commissioner must deleted text begin receive a petition signed by at least ten local resident licensed hunters describing the area of a lake that is a substantial feeding or resting area for migratory waterfowl, and find that the statements in the petition are correct, and that adequate, free public access to the lake exists near the designated areadeleted text end new text begin describe the area in a public notice and receive public comments for 30 days. The commissioner must consider an area for designation upon presentation of a petition signed by at least ten residents demonstrating that the area is a substantial feeding or resting area for migratory waterfowlnew text end . The commissioner shall post the area as a migratory waterfowl feeding and resting area. Except as authorized in rules adopted by the commissioner, a person may not enter a posted migratory waterfowl feeding and resting area, during a period when hunting of migratory waterfowl is allowed, with watercraft or aircraft propelled by a motor, other than an electric motor with battery power of 12 volts or less. The commissioner may, by rule, further restrict the use of electric motors in migratory waterfowl feeding and resting areas.

Sec. 27.

new text begin [97A.126] WALK-IN ACCESS PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A walk-in access program is established to provide public access to wildlife habitat on private land for hunting, excluding 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. new text end

new text begin Subd. 2. new text end

new text begin Use of enrolled lands. new text end

new text begin (a) From September 1 to May 31, a person must have a walk-in access hunter validation in possession to hunt on private lands, including agricultural lands, that are posted as being enrolled in the walk-in access program. new text end

new text begin (b) Hunting 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. new text end

new text begin (c) Hunter access on private lands that are posted as enrolled in the walk-in access program is restricted to nonmotorized use, except by hunters 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. new text end

new text begin (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 hunters on lands enrolled in the walk-in access program. new text end

new text begin (e) Any use of enrolled lands other than hunting according to this section is prohibited, including: new text end

new text begin (1) harvesting bait, including minnows, leeches, and other live bait; new text end

new text begin (2) training dogs or using dogs for activities other than hunting; and new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2013. new text end

Sec. 28.

Minnesota Statutes 2010, section 97A.137, subdivision 5, is amended to read:

Subd. 5.

Portable stands.

Prior to the Saturday on or nearest September 16, a portable stand may be left overnight in a wildlife management area by a person with a valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged and registered as prescribed under section 97B.425. Any person leaving a portable stand overnight under this subdivision must affix new text begin a tag with: (1) new text end the person's name and addressnew text begin ; (2) the licensee's driver's license number; or (3) the "MDNR#" license identification number issued to the licensee. The tag must be affixednew text end to the stand in deleted text begin suchdeleted text end a manner that it can be read from the ground.

Sec. 29.

Minnesota Statutes 2010, section 97A.405, subdivision 4, is amended to read:

Subd. 4.

Replacement new text begin deer new text end licenses.

(a) The commissioner may permit licensed deer hunters to change zone, license, or season options. The commissioner may issue a replacement new text begin deer new text end 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 new text begin deer new text end license. A refund of the difference in fees may be issued when a person changes from a regular deer license to a youth deer license.

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

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

(1) when the season for the new text begin deer new text end license being surrendered has not yet opened; or

(2) when the person is changing from a regular deer license to a youth deer license.

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

Sec. 30.

Minnesota Statutes 2010, section 97A.405, is amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Replacement turkey licenses. new text end

new text begin (a) The commissioner may permit licensed turkey hunters to change permit areas or time periods within the fall turkey season, or within the spring turkey season. The commissioner may issue a replacement turkey license if the applicant submits the original turkey license and unused tags that are being replaced, and the applicant pays the fee for a replacement license under section 97A.475, subdivision 44. new text end

new text begin (b) A replacement turkey license may be issued only if the applicant has not used the tag from the original turkey license and meets the requirements of paragraph (c). The original turkey licenses and all unused tags for the turkey licenses being replaced must be submitted to the issuing agent at the time the replacement turkey license is issued. new text end

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

new text begin (1) when the permit area or time period for the turkey license being surrendered has not yet opened; and new text end

new text begin (2) licenses are available for the replacement turkey license permit area or time period for (i) areas that are not lottery areas, (ii) lottery areas that have remaining licenses, or (iii) the applicant is a youth hunter age 17 or younger. new text end

Sec. 31.

Minnesota Statutes 2010, section 97A.421, subdivision 3, is amended to read:

Subd. 3.

Issuance of a big game license after conviction.

new text begin (a) new text end A person may not obtain any big game license or take big game under a lifetime license, issued under section 97A.473, for three years after the person is convicted of:

(1) a gross misdemeanor violation under the game and fish laws relating to big game;

(2) doing an act without a required big game license; or

(3) the second violation within three years under the game and fish laws relating to big game.

new text begin (b) A person may not obtain any deer license or take deer under a lifetime license issued under section 97A.473 for one year after the person is convicted of hunting deer with the aid or use of bait under section 97B.328. new text end

new text begin (c) The revocation period under paragraphs (a) and (b) doubles if the conviction is for a deer that is a trophy deer scoring higher than 170 using the scoring method established for wildlife restitution values adopted under section 97A.345. new text end

Sec. 32.

Minnesota Statutes 2010, section 97A.431, subdivision 3, is amended to read:

Subd. 3.

Application for license.

An application for a moose license must be on a form provided by the commissioner and accompanied by a deleted text begin $3deleted text end new text begin $4new text end nonrefundable application fee per person. A person may not make more than one application for each season. If a person makes more than one application, the person is ineligible for a license for that season after determination by the commissioner, without a hearing.

Sec. 33.

Minnesota Statutes 2010, section 97A.433, subdivision 3, is amended to read:

Subd. 3.

Application for license.

An application for an elk license must be on a form provided by the commissioner and accompanied by a deleted text begin $10deleted text end new text begin $4new text end nonrefundable application fee per person. A person may not make more than one application for each season. If a person makes more than one application, the person is ineligible for a license for that season after determination by the commissioner, without a hearing.

Sec. 34.

Minnesota Statutes 2010, section 97A.435, subdivision 3, is amended to read:

Subd. 3.

Application for license.

An application for a turkey license must be on a form provided by the commissioner and accompanied by a deleted text begin $3deleted text end new text begin $4new text end application fee. A person may not make more than one application for each season. If a person makes more than one application the person is ineligible for a license for that season after determination by the commissioner, without a hearing.

Sec. 35.

Minnesota Statutes 2010, section 97A.441, subdivision 7, is amended to read:

Subd. 7.

Owners or tenants of agricultural land.

(a) The commissioner may issue, without a fee, a license to take an antlerless deer to a resident who is an owner or tenant, or a nonresident who is an owner, of at least 80 acres of agricultural land, as defined in section 97B.001, in deer permit areas that deleted text begin have deer archery licenses to take additional deer under section 97B.301, subdivision 4deleted text end new text begin allow the taking of antlerless deer without a lottery applicationnew text end . A person may receive only one license per year under this subdivision. For properties with co-owners or cotenants, only one co-owner or cotenant may receive a license under this subdivision per year. The license issued under this subdivision is restricted to land leased for agricultural purposes or owned by the holder of the license within the permit area where the qualifying land is located. The holder of the license may transfer the license to the holder's spouse or dependent.new text begin Deer taken under this subdivision do not count towards the total bag limit for the permit area.new text end Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 2, the holder of the license may purchase deleted text begin andeleted text end additional deleted text begin licensedeleted text end new text begin licenses or permitsnew text end for taking deer and may take deleted text begin andeleted text end additional deer under deleted text begin that licensedeleted text end new text begin those licenses or permits, provided the holder adheres to the bag limits established for that permit areanew text end .

(b) A person who obtains a license under paragraph (a) must allow public deer hunting on their land during that deer hunting season, with the exception of the first Saturday and Sunday during the deer hunting season applicable to the license issued under section 97A.475, subdivision 2, clause (5).

Sec. 36.

Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 must obtain a small game license in order to take small game by firearms or bow and arrow without paying the applicable fees under section 97A.475, subdivisions 2, 4, and 5, if the resident is:

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

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

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

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

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

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

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

Sec. 37.

Minnesota Statutes 2010, section 97A.451, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Personsdeleted text end new text begin Residentsnew text end under age 16; big game.

(a) A deleted text begin persondeleted text end new text begin residentnew text end age 12, 13, 14, or 15 may not obtain a license to take big game unless the person possesses a firearms safety certificate. A deleted text begin persondeleted text end new text begin residentnew text end age 12 or 13 must be accompanied by a parent or guardian to hunt big game.

(b) A deleted text begin persondeleted text end new text begin residentnew text end age 10 or 11 may take big game provided the person is under the direct supervision of a parent or guardian where the parent or guardian is within immediate reach. deleted text begin Until March 1, 2009, a person age 10 or 11 may take big game under a parent or guardian's license. Beginning March 1, 2009,deleted text end A deleted text begin persondeleted text end new text begin residentnew text end age 10 or 11 must obtain a license deleted text begin in orderdeleted text end to take big game and may obtain the license without paying the fee required under section 97A.475, subdivision 2.

Sec. 38.

Minnesota Statutes 2010, section 97A.451, is amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

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

new text begin (a) A nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless the person possesses a firearms safety certificate. A nonresident age 12 or 13 must be accompanied by a parent or guardian to hunt big game. new text end

new text begin (b) A nonresident age 10 or 11 may take big game provided the person is under the direct supervision of a parent or guardian where the parent or guardian is within immediate reach. A nonresident age 10 or 11 must obtain a license to take big game and must pay the fee required under section 97A.475, subdivision 3. new text end

Sec. 39.

Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:

Subd. 3.

Lifetime small game hunting license; fee.

(a) A resident lifetime small game hunting license authorizes a person to hunt and trap small gamenew text begin , other than wolves,new text end in the state. The license authorizes those hunting and trapping activities authorized by the annual resident small game hunting deleted text begin and trapping licensesdeleted text end new text begin license and the trapping license for fur-bearing animals other than wolvesnew text end . The license does not include a turkey stamp validation or any other hunting stamps required by law.

(b) The fees for a resident lifetime small game hunting license are:

(1) age 3 and under, $217;

(2) age 4 to age 15, $290;

(3) age 16 to age 50, $363; and

(4) age 51 and over, $213.

Sec. 40.

Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:

Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license authorizes a person to take fish by angling and hunt and trap small gamenew text begin , other than wolves,new text end in the state. The license authorizes those activities authorized by the annual resident anglingdeleted text begin ,deleted text end new text begin andnew text end resident small game huntingdeleted text begin ,deleted text end new text begin licensesnew text end andnew text begin thenew text end resident trapping deleted text begin licensesdeleted text end new text begin license for fur-bearing animals other than wolvesnew text end . The license does not include a trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, $357;

(2) age 4 to age 15, $480;

(3) age 16 to age 50, $613; and

(4) age 51 and over, $413.

Sec. 41.

Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:

Subd. 5a.

Lifetime sporting with spearing option license; fee.

(a) A resident lifetime sporting with spearing option license authorizes a person to take fish by angling or spearing and hunt and trap small gamenew text begin , other than wolves,new text end in the state. The license authorizes those activities authorized by the annual resident angling, spearing,new text begin andnew text end resident small game huntingdeleted text begin , and resident trappingdeleted text end licensesnew text begin and the resident trapping license for fur-bearing animals other than wolvesnew text end . The license does not include a trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting with spearing option license are:

(1) age 3 and under, $615;

(2) age 4 to age 15, $800;

(3) age 16 to age 50, $985; and

(4) age 51 and over, $586.

Sec. 42.

Minnesota Statutes 2010, 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) for persons age 18 or over to take turkey, $23;

(4) for persons under age 18 to take turkey, $12;

(5) for persons age 18 or over to take deer with firearms during the regular firearms season, $26;

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

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $26;

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

(9) to take bear, $38;

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

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

(12) to take prairie chickens, $20;

(13) for persons under age 18 to take deer with firearms during the regular firearms season, $13;

(14) for persons under age 18 to take deer by archery, $13; deleted text begin anddeleted text end

(15) for persons under age 18 to take deer by muzzleloader during the muzzleloader season, $13new text begin ; andnew text end

new text begin (16) to take wolf, $30new text end .

Sec. 43.

Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:

Subd. 3.

Nonresident hunting.

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

(1) for persons age 18 or over to take small game, $73;

(2) for persons age 18 or over to take deer with firearms during the regular firearms season, $135;

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

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $135;

(5) to take bear, $195;

(6) for persons age 18 and older to take turkey, $78;

(7) for persons under age 18 to take turkey, $12;

(8) to take raccoon or bobcat, $155;

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

(10) for persons under age 18 to take deer with firearms during the regular firearms season in any open season option or time period, $13;

(11) for persons under age 18 to take deer by archery, $13; deleted text begin anddeleted text end

(12) for persons under age 18 to take deer during the muzzleloader season, $13new text begin ; andnew text end

new text begin (13) to take wolf, $250new text end .

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

Sec. 44.

Minnesota Statutes 2010, section 97A.475, subdivision 3a, is amended to read:

Subd. 3a.

Deer license new text begin donation and new text end surcharge.

new text begin (a) new text end A person may agree to add a donation of $1, $3, or $5 to the fees for annual resident and nonresident licenses to take deer by firearms or archery established under subdivisions 2, clauses (5), (6), (7), (11), and (13), and 3, new text begin paragraph (a), new text end clauses (2), (3), (4), and (9).

new text begin (b)new text end Beginning March 1, 2008, fees for bonus licenses to take deer by firearms or archery established under section 97B.301, subdivision 4, must be increased by a surcharge of $1.

new text begin (c)new text end An additional commission may not be assessed on the donation or surcharge deleted text begin and the following statement must be included in the annual deer hunting regulations: "The deer license donations and surcharges are being paid by hunters for deer management, including assisting with the costs of processing deer donated for charitable purposes."deleted text end new text begin .new text end

Sec. 45.

Minnesota Statutes 2010, section 97A.475, subdivision 4, is amended to read:

Subd. 4.

Small game surchargenew text begin and donationnew text end .

new text begin (a) new text end Fees for annual licenses to take small game must be increased by a surcharge of $6.50. An additional commission may not be assessed on the surcharge and the following statement must be included in the annual small game hunting regulations: "This $6.50 surcharge is being paid by hunters for the acquisition and development of wildlife lands."

new text begin (b) A person may agree to add a donation of $1, $3, or $5 to the fees for annual resident and nonresident licenses to take small game. An additional commission may not be assessed on the donation. The following statement must be included in the annual small game hunting regulations: "The small game license donations are being paid by hunters for administration of the walk-in access program." new text end

Sec. 46.

Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:

Subd. 20.

Trapping deleted text begin licensedeleted text end new text begin licensesnew text end .

new text begin (a) new text end The fee for a license to trap fur-bearing animalsnew text begin , other than wolves,new text end is:

(1) for residents over age 13 and under age 18, $6;

(2) for residents age 18 or over and under age 65, $20;

(3) for residents age 65 or over, $10; and

(4) for nonresidents, $73.

new text begin (b) The fee for a license to trap wolves is $30, to be issued to residents only. new text end

Sec. 47.

Minnesota Statutes 2010, section 97A.475, subdivision 44, is amended to read:

Subd. 44.

Replacement licenses.

The fee for a replacement deleted text begin firearmsdeleted text end deer new text begin or turkey new text end license is $5.

Sec. 48.

Minnesota Statutes 2010, section 97A.482, is amended to read:

97A.482 LICENSE APPLICATIONS; COLLECTION OF SOCIAL SECURITY NUMBERS.

(a) All applicants for individual noncommercial game and fish licenses under this chapter and chapters 97B and 97C must include the applicant's Social Security number on the license application. If an applicant does not have a Social Security number, the applicant must certify that the applicant does not have a Social Security number.

(b) The Social Security numbers collected by the commissioner on game and fish license applications are private data under section 13.355, subdivision 1, and must be provided by the commissioner to the commissioner of human services for child support enforcement purposes. Title IV-D of the Social Security Act, United States Code, title 42, section 666(a)(13), requires the collection of Social Security numbers on game and fish license applications for child support enforcement purposes.

deleted text begin (c) The commissioners of human services and natural resources shall request a waiver from the secretary of health and human services to exclude any applicant under the age of 16 from the requirement under this section and under cross-country ski licensing sections to provide the applicant's Social Security number. If a waiver is granted, this section will be so amended effective January 1, 2006, or upon the effective date of the waiver, whichever is later. deleted text end

Sec. 49.

Minnesota Statutes 2010, section 97B.001, subdivision 7, is amended to read:

Subd. 7.

Taking with firearms in certain areas.

(a) A person may not take a wild animal with a firearm within 500 feet of a building occupied by a human or livestock without the written permission of the owner, occupant, or lessee:

(1) on another person's private landnew text begin , if the land is not a licensed shooting preservenew text end ; or

(2) on a public right-of-way.

(b) deleted text begin Adeleted text end new text begin Nonew text end person may deleted text begin not take a wild animal withdeleted text end new text begin shootnew text end a firearm deleted text begin without the permission of the owner, occupant, or lessee,deleted text end within 500 feet of a stockade or corral containing livestocknew text begin without the permission of the owner, occupant, or lessee. For the purposes of this paragraph, a "stockade or corral" means a fenced enclosure for containing livestock that does not enclose an area greater than one acrenew text end .

(c) A person may not take a wild animal on any land where the person is prohibited from entering by this section.

Sec. 50.

Minnesota Statutes 2010, section 97B.031, subdivision 1, is amended to read:

Subdivision 1.

Firearms and ammunition that may be used to take big gamenew text begin and wolvesnew text end .

A person may take big gamenew text begin and wolvesnew text end with a firearm only if:

(1) the rifle, shotgun, and handgun used is a caliber of at least .22 inches and with centerfire ignition;

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

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

(4) the muzzleloader used is incapable of being loaded at the breech;

(5) the smooth-bore muzzleloader used is a caliber of at least .45 inches; and

(6) the rifled muzzleloader used is a caliber of at least .40 inches.

Sec. 51.

Minnesota Statutes 2010, section 97B.031, subdivision 2, is amended to read:

Subd. 2.

Handguns for small game.

A person may take small game with a handgun of any caliber in a manner prescribed by the commissionernew text begin , except that wolves may only be taken by hunting with the calibers specified in subdivision 1new text end .

Sec. 52.

Minnesota Statutes 2010, section 97B.035, subdivision 1a, is amended to read:

Subd. 1a.

Minimum draw weight.

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

Sec. 53.

new text begin [97B.063] HUNTER SATISFACTION SURVEY. new text end

new text begin The commissioner shall administer the collection of hunter information related to participation and satisfaction. This may include information on preferences, values, interests, participation rates and patterns, barriers to participation, or other factors. The data shall be collected using established social science methods. new text end

Sec. 54.

Minnesota Statutes 2010, section 97B.071, is amended to read:

97B.071 BLAZE ORANGE REQUIREMENTS.

(a) Except as provided in rules adopted under paragraph (c), 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. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange 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 (c), 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. This paragraph does not apply to a personnew text begin when in a stationary location while hunting deer by archery or whennew text end huntingnew text begin small gamenew text end by falconry.

(c) 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.

(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by a safety warning.

Sec. 55.

Minnesota Statutes 2011 Supplement, section 97B.075, is amended to read:

97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.

(a) A person may not take protected wild animals, except raccoon and fox, with a firearm between the evening and morning times established by commissioner's rule, except as provided in this section.

(b) Big gamenew text begin and wolvesnew text end may be taken from one-half hour before sunrise until one-half hour after sunset.

(c) Except as otherwise prescribed by the commissioner on or before the Saturday nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset during the entire season prescribed by the commissioner.

Sec. 56.

Minnesota Statutes 2010, section 97B.085, subdivision 3, is amended to read:

Subd. 3.

Communication excepted.

This section does not prohibit the use of:

(1) deleted text begin one-waydeleted text end radio communication between a handler and a dog; deleted text begin ordeleted text end

(2) a remote-controlled animal noise caller for taking crows, fur-bearing animals, and unprotected animalsnew text begin ; ornew text end

new text begin (3) a remote-controlled motorized decoy used for taking migratory waterfowl under section 97B.811, subdivision 4a, or for taking mourning dovesnew text end .

Sec. 57.

new text begin [97B.1115] USE OF MECHANICAL OR ELECTRONIC ASSISTANCE TO HOLD AND DISCHARGE FIREARMS OR BOWS BY PHYSICALLY DISABLED. new text end

new text begin Notwithstanding sections 97B.035, subdivision 1, 97B.321, and 97B.701, subdivision 2, the commissioner may authorize a physically disabled hunter who has a verified statement of the disability from a licensed physician or a certified nurse practitioner or certified physician assistant acting under the direction of a licensed physician to use a swivel or otherwise mounted firearm or bow or any electronic or mechanical device to discharge a firearm or bow as long as the participant is physically present at the site. new text end

Sec. 58.

Minnesota Statutes 2010, section 97B.328, is amended to read:

97B.328 BAITING PROHIBITED.

Subdivision 1.

Hunting with aid of bait deleted text begin or feeddeleted text end prohibited.

A person may not deleted text begin huntdeleted text end new text begin takenew text end deerdeleted text begin :deleted text end

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

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

Subd. 2.

Removal of bait.

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

Subd. 3.

Definition.

new text begin (a) new text end For purposes of this section, "bait deleted text begin or feeddeleted text end " includes grains, fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer and that has been placed by a person.new text begin "Baiting" means placing, exposing, depositing, distributing, or scattering bait that is capable of attracting or enticing deer.new text end

new text begin (b) new text end Liquid scents, salt, and minerals are not bait deleted text begin or feeddeleted text end new text begin if they do not contain liquid or solid food ingredientsnew text end .

deleted text begin Food that has not been placed by a person and resultingdeleted text end new text begin (c) Agricultural cropsnew text end from normal or accepted farming, forest management, wildlife food plantings, orchard management, or other similar land management activities deleted text begin isdeleted text end new text begin arenew text end not bait deleted text begin or feeddeleted text end .new text begin This exclusion does not apply to agricultural crops that have been reintroduced and concentrated where a person is hunting.new text end

Subd. 4.

Exception for bait or feed on adjacent land.

A person otherwise in compliance with this section who is hunting on private or public property that is adjacent to property where bait or deleted text begin feeddeleted text end new text begin foodnew text end is present is not in violation of this section if the person has not participated in, been involved with, or agreed to baiting or feeding wildlife on the adjacent property.

Sec. 59.

Minnesota Statutes 2010, section 97B.401, is amended to read:

97B.401 BEAR LICENSE REQUIREDnew text begin ; APPLICATIONnew text end .

(a) A person may not take bear without a bear license except as provided in section 97B.415 to protect property.

(b) A person may not place bait for bears on or after the Friday nearest August 14 unless the person has a bear license or is operating under the direction of a person with a valid bear license.

new text begin (c) An application for a bear license must be on a form provided by the commissioner and accompanied by a $4 application fee. A person may not make more than one application for each season. If a person makes more than one application, the person is ineligible for a license for that season after determination by the commissioner, without a hearing. new text end

Sec. 60.

Minnesota Statutes 2010, section 97B.601, subdivision 3a, is amended to read:

Subd. 3a.

Nonresidents; trapping small game.

A nonresident may take small gamenew text begin , except wolves,new text end by trapping only on land owned by the nonresident, if the nonresident possesses a trapping licensenew text begin for fur-bearing animals other than wolvesnew text end and a small game license.

Sec. 61.

Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:

Subd. 4.

Exception to license requirements.

(a) A resident under age 16 may take small gamenew text begin , other than wolves,new text end without a small game license, and a resident under age 13 may trapnew text begin small game and fur-bearing animals, other than wolves,new text end without a trapping license, as provided in section 97A.451, subdivision 3.

(b) A person may take small gamenew text begin , other than wolves,new text end without a small game license on land occupied by the person as a principal residence.

(c) An owner or occupant may take certain small game causing damage without a small game or trapping license as provided in section 97B.655.

(d) A person may use dogs to pursue and tree raccoons under section 97B.621, subdivision 2, during the closed season without a license.

(e) A person may take a new text begin wolf, new text end turkeynew text begin ,new text end or deleted text begin adeleted text end prairie chicken without a small game license.

Sec. 62.

Minnesota Statutes 2010, section 97B.603, is amended to read:

97B.603 TAKING SMALL GAME AS A PARTY.

new text begin (a) new text end While two or more persons are taking small game as a party and maintaining unaided visual and vocal contact, a member of the party may take and possess more than one limit of small game, but the total number of small game taken and possessed by the party may not exceed the limit of the number of persons in the party that may take and possess small game.

new text begin (b) new text end This section does not apply to deleted text begin thedeleted text end hunting deleted text begin ofdeleted text end new text begin wolves,new text end migratory game birdsnew text begin ,new text end or turkeys, except that a licensed turkey hunter may assist another licensed turkey hunternew text begin and a licensed wolf hunter may assist another licensed wolf hunternew text end for the same zone and time period as long as the hunter does not shoot or tag a turkeynew text begin or wolfnew text end for the other hunter.

Sec. 63.

Minnesota Statutes 2010, section 97B.605, is amended to read:

97B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN SMALL GAME ANIMALS.

The commissioner may prescribe restrictions on and designate areas where gray and fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray fox, fisher, pine marten, opossum,new text begin wolves,new text end and badger may be taken and possessed.

Sec. 64.

Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is amended to read:

Subd. 9.

Open season.

There shall be no open season for deleted text begin graydeleted text end wolves until after the deleted text begin graydeleted text end wolf is delisted under the federal Endangered Species Act of 1973. After that time, the commissioner may prescribe open seasons and restrictions for taking deleted text begin graydeleted text end wolves but must provide opportunity for public comment.

Sec. 65.

new text begin [97B.647] TAKING WOLVES. new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin Except as provided under section 97B.645 or 97B.671, a person may not take a wolf without a wolf hunting or wolf trapping license. new text end

new text begin Subd. 2. new text end

new text begin Open seasons. new text end

new text begin Wolves may be taken with legal firearms, with bow and arrow, and by trapping. The open season to take wolves with firearms begins each year on the same day as the opening of the firearms deer hunting season. The commissioner may by rule prescribe the open seasons for wolves according to this subdivision. new text end

new text begin Subd. 3. new text end

new text begin Open areas. new text end

new text begin The commissioner may by rule designate areas where wolves may be taken. new text end

new text begin Subd. 4. new text end

new text begin Daily and possession limits. new text end

new text begin The commissioner may establish by rule the daily and possession limits for wolves. new text end

new text begin Subd. 5. new text end

new text begin Limit on number of hunters and trappers. new text end

new text begin The commissioner may by rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary to prevent an overharvest or improve the distribution of hunters and trappers. The commissioner shall establish a method, including a drawing, to impartially select the hunters and trappers for an area. new text end

new text begin Subd. 6. new text end

new text begin Application for license. new text end

new text begin An application for a wolf hunting or wolf trapping license must be made in a manner provided by the commissioner and accompanied by a $4 application fee and proof that the applicant holds a current or previous year hunting license. The $4 application fee shall be credited to the wolf management and monitoring account and appropriated to the commissioner to pay for costs associated with conducting the wolf license drawing and wolf management. A person may not make more than one application for each season as prescribed by the commissioner. If a person makes more than one application, the person is ineligible for a license for that season after determination by the commissioner, without a hearing. new text end

new text begin Subd. 7. new text end

new text begin Quotas. new text end

new text begin The commissioner may by rule set an annual quota for the number of wolves that can be taken by hunting and trapping. The commissioner may establish a method to monitor harvest and close the season when the quota is reached. The commissioner shall reserve a portion of the annual quota for the trapping season. new text end

Sec. 66.

Minnesota Statutes 2011 Supplement, section 97B.667, is amended to read:

97B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY ROAD AUTHORITIESnew text begin AND LOCAL GOVERNMENT UNITSnew text end .

new text begin Subdivision 1. new text end

new text begin Road authorities. new text end

new text begin (a) new text end When a drainage watercourse is impaired by a beaver dam and the water damages or threatens to damage a public road, the road authority, as defined in section 160.02, subdivision 25, may remove the impairment and any associated beaver lodge within 300 feet of the road. deleted text begin Notwithstanding any law to the contrary,deleted text end

new text begin (b)new text end The road authority may kill deleted text begin ordeleted text end new text begin beaver associated with the lodge or damage in any manner, except by poison or artificial lights.new text end

new text begin (c) The road authority maynew text end arrange to have killed deleted text begin bydeleted text end any deleted text begin lawful means adeleted text end beaver associated with the lodgenew text begin by trapping through a third-party contract or under subdivision 4new text end .

new text begin Subd. 2. new text end

new text begin Local government units. new text end

new text begin (a) Local government units may, as provided in this section, kill or arrange to have killed beaver that are causing damage, including damage to silvicultural projects and drainage ditches, on property owned or managed by the local government unit. Removal or destruction of any associated beaver lodge is subject to section 97A.401, subdivision 5. new text end

new text begin (b) The local government unit may kill beaver associated with the lodge or damage in any manner, except by poison or artificial lights. new text end

new text begin (c) The local government unit may arrange to have killed any beaver associated with the lodge or damage by trapping through a third-party contract or under subdivision 4. new text end

new text begin Subd. 3. new text end

new text begin Permits and notice; requirements. new text end

new text begin (a) new text end Before killing or arranging to kill a beaver under this section, the road authority new text begin or local government unit new text end must contact a conservation officer for a special beaver permit. The conservation officer must issue the permit for any beaver subject to this section.

new text begin (b) new text end A road authority new text begin or local government unit new text end that kills or arranges to have killed a beaver under this section must notify a conservation officer or deleted text begin the officer's designee as specified in the permitdeleted text end new text begin employee of the Wildlife Divisionnew text end within ten days after the animal is killed.

new text begin Subd. 4. new text end

new text begin Local beaver control programs. new text end

A road authority new text begin or local government unit new text end may, after consultation with the Wildlife Division deleted text begin and the Board of Water and Soil Resourcesdeleted text end , implement a local beaver control program designed to reduce the number of incidents of beavernew text begin :new text end

new text begin (1)new text end interfering with or damaging a public roadnew text begin ; ornew text end

new text begin (2) causing damage, including damage to silvicultural projects and drainage ditches, on property owned or managed by the local government unitnew text end .

The local control program may include the offering of a bounty for the lawful taking of beaver.

Sec. 67.

Minnesota Statutes 2010, section 97B.671, subdivision 3, is amended to read:

Subd. 3.

Predator control payments.

The commissioner shall pay a predator controller the amount the commissioner deleted text begin prescribesdeleted text end new text begin determines by written order published in the State Registernew text end for each deleted text begin predatordeleted text end new text begin coyote and foxnew text end taken. deleted text begin The commissioner shall pay at least $25 but not more than $60 for each coyote taken.deleted text end The commissioner may require the predator controller to submit proof of the taking and a signed statement concerning the predators taken.new text begin The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.new text end

Sec. 68.

Minnesota Statutes 2010, section 97B.671, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Graydeleted text end Wolf control.

(a) The commissioner shall provide a deleted text begin graydeleted text end wolf control training program for certified predator controllers participating in deleted text begin graydeleted text end wolf control.

(b) After the deleted text begin graydeleted text end wolf is delisted under the federal Endangered Species Act of 1973, in zone B, as defined under section 97B.645, subdivision 12, if the commissioner, after considering recommendations from an extension agent or conservation officer, has verified that livestock, domestic animals, or pets were destroyed by a deleted text begin graydeleted text end wolf within the previous five years, and if the livestock, domestic animal, or pet owner requests deleted text begin graydeleted text end wolf control, the commissioner shall open a predator control area for deleted text begin graydeleted text end wolves.

(c) After the deleted text begin graydeleted text end wolf is delisted under the federal Endangered Species Act of 1973, in zone A, as defined under paragraph (g), if the commissioner, after considering recommendations from an extension agent or conservation officer, verifies that livestock, domestic animals, or pets were destroyed by a deleted text begin graydeleted text end wolf, and if the livestock, domestic animal, or pet owner requests deleted text begin graydeleted text end wolf control, the commissioner shall open a predator control area for deleted text begin graydeleted text end wolves for up to 60 days.

(d) A predator control area opened for deleted text begin graydeleted text end wolves may not exceed a one-mile radius surrounding the damage site.

(e) The commissioner shall pay a certified deleted text begin graydeleted text end wolf predator controller deleted text begin $150deleted text end new text begin the amount the commissioner determines by written order published in the State Registernew text end for each wolf taken. The certified deleted text begin graydeleted text end wolf predator controller must dispose of unsalvageable remains as directed by the commissioner. All salvageable deleted text begin graydeleted text end wolf remains must be surrendered to the commissioner.new text begin The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.new text end

(f) The commissioner may, in consultation with the commissioner of agriculture, develop a cooperative agreement for deleted text begin graydeleted text end wolf control activities with the United States Department of Agriculture. The cooperative agreement activities may include, but not be limited to, deleted text begin graydeleted text end wolf control, training for state predator controllers, and control monitoring and record keeping.

(g) For the purposes of this subdivision, "zone A" means that portion of the state lying outside of zone B, as defined under section 97B.645, subdivision 12.

Sec. 69.

Minnesota Statutes 2010, section 97B.711, subdivision 1, is amended to read:

Subdivision 1.

Seasons for certain upland game birds.

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

(1) pheasant;

(2) ruffed grouse;

(3) sharp tailed grouse;

(4) Canada spruce grouse;

(5) prairie chicken;

(6) gray partridge;

(7) bobwhite quail; and

(8) turkey.

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

deleted text begin (c) The commissioner shall allow a four-week fall season for turkey in the area designated as turkey permit area 601 as of the 2008 season. All applicable local and state regulations apply. deleted text end

Sec. 70.

Minnesota Statutes 2010, section 97B.805, subdivision 1, is amended to read:

Subdivision 1.

Hunter must be concealed.

(a) A person may not take migratory waterfowl, coots, or rails in open water unless the person is:

(1) within a natural growth of vegetation sufficient to partially conceal the person or boat;

(2) on a river or stream that is not more than 100 yards in width; deleted text begin ordeleted text end

(3) pursuing or shooting wounded birdsnew text begin ; ornew text end

new text begin (4) in areas specifically designated for such taking by the commissioner by rulenew text end .

(b) A person may not take migratory waterfowl, coots, or rails in public waters from a permanent artificial blind or sink box.

Sec. 71.

Minnesota Statutes 2010, section 97B.901, is amended to read:

97B.901 REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.

(a) The commissioner may, by rule, require persons taking, possessing, and transporting fur-bearing animals to tag the animals. The commissioner shall prescribe the manner of issuance and the type of tag, which must show the year of issuance. The commissioner shall issue the tag, without a fee, upon request.

(b) The pelt of each bobcat, fisher, pine marten, deleted text begin anddeleted text end otternew text begin , and wolfnew text end must be presented, by the person taking it, to a state wildlife manager designee for registration before the pelt is sold and before the pelt is transported out of the state, but in no event more than 48 hours after the season closes for the species.

new text begin (c) The whole carcass of each wolf, with the pelt removed, must be presented by the person taking it to a state wildlife manager designee for registration before the pelt is sold and before the pelt is transported out of the state, but in no event more than 48 hours after the season closes. The commissioner may require that the entire carcass or samples from the carcass be surrendered to the state wildlife manager designee. new text end

Sec. 72.

new text begin [97B.903] USE OF BODY-GRIPPING TRAPS. new text end

new text begin A person may not set, place, or operate, except as a waterset, a body-gripping or conibear-type trap on public lands and waters that has a maximum jaw opening when set greater than 6-1/2 inches and less than 7-1/2 inches measured from the inside edges of the body-gripping portions of the jaws, unless: new text end

new text begin (1) the trap is in a baited or unbaited enclosure and the trap trigger is recessed seven inches or more from the top and frontmost portion of the open end of the enclosure; new text end

new text begin (2) no bait, lure, or other attractant is placed within 20 feet of the trap; or new text end

new text begin (3) the trap is elevated at least three feet above the surface of the ground or snowpack. new text end

Sec. 73.

Minnesota Statutes 2010, section 97C.355, subdivision 1, is amended to read:

Subdivision 1.

Identification required.

All shelters on the ice of state waters, new text begin except portable shelters under subdivision 2a but new text end including dark houses and fish houses, must have: (1) the owner's name and address, (2) the owner's driver's license number, or (3) the "MDNR#" license identification number issued to the owner legibly displayed on the exterior with characters at least two inches high.

Sec. 74.

Minnesota Statutes 2010, section 97C.355, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Portable shelters. new text end

new text begin A person using a portable shelter that is not identified under subdivision 1 must remain within 200 feet of the shelter while the shelter is on the ice of state waters. new text end

Sec. 75.

Minnesota Statutes 2010, section 97C.395, subdivision 1, is amended to read:

Subdivision 1.

Dates for certain species.

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

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

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

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

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

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

deleted text begin (6) for the winter season for brown trout, brook trout, rainbow trout, and splake on all lakes, from January 15 to March 31; and deleted text end

deleted text begin (7)deleted text end new text begin (6)new text end for salmon, as prescribed by the commissioner by rule.

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

Sec. 76.

Minnesota Statutes 2010, section 97C.515, subdivision 2, is amended to read:

Subd. 2.

Permit for transportation.

(a) A person may transportnew text begin livenew text end minnows through the state with a permit from the commissioner. The permit must state the name and address of the person, the number and species of minnows, the point of entry into the state, the destination, and the route through the state. The permit is not valid for more than 12 hours after it is issued.

new text begin (b) Minnows transported under this subdivision must be in a tagged container. The tag number must correspond with tag numbers listed on the minnow transportation permit. new text end

deleted text begin (b)deleted text end new text begin (c)new text end The commissioner may require the person transporting minnow species found on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, to provide health certification for viral hemorrhagic septicemia deleted text begin or other certifiable diseasesdeleted text end . deleted text begin For certifiable diseases not currently documented in Minnesota,deleted text end The certificationnew text begin must disclose any incidentally isolated replicating viruses, andnew text end must be dated within the 12 months preceding transport.

Sec. 77.

Minnesota Statutes 2010, section 97C.515, subdivision 4, is amended to read:

Subd. 4.

Private fish hatchery or aquatic farm.

deleted text begin (a) A person with a private fish hatchery or aquatic farm license may transport minnows with a transportation permit from contiguous states to the private fish hatchery or aquatic farm, provided the minnows are used for processing or feeding hatchery fish. deleted text end

deleted text begin (b) The commissioner may require inspection of minnows and disease certification for species on the official list of viral hemorrhagic septicemia susceptible species published by the United States Department of Agriculture, Animal and Plant Health Inspection Services, that are being transported from outside the state. deleted text end

deleted text begin (c) The commissioner may approve the import of minnows into areas or waters where certifiable diseases have been identified as being present. deleted text end

new text begin Live minnows used for feeding fish at a licensed private fish hatchery or aquatic farm must be obtained within the state. Dead minnows may be imported for feeding hatchery or aquatic farm fish according to section 97C.341, paragraph (d). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013. new text end

Sec. 78.

Minnesota Statutes 2010, section 97C.515, subdivision 5, is amended to read:

Subd. 5.

Special permits.

(a) The commissioner may issue a special permit, without a fee, to allow a person with a private fish hatchery licensenew text begin , which private fish hatchery has been designated as a containment facility under section 17.4982, subdivision 8,new text end to importnew text begin livenew text end minnows from other states for export. deleted text begin A permit under this subdivision is not required for importation authorized under subdivision 4.deleted text end new text begin A containment facility for the purposes of this section applies to live minnows imported for later export and does not need to comply with section 17.4982, subdivision 8, clause (4). The permit shall include conditions necessary to avoid spreading aquatic invasive species and fish pathogens. Permits shall not be issued to containment facilities located within a 25-year floodplain.new text end

(b) An applicant for a permit under this subdivision shall submit to the commissioner sufficient information to identify potential threats to native plant and animal species and an evaluation of the feasibility of the proposal. The permit may include reasonable restrictions on importation, transportation, possession, containment, disease certification, and disposal of minnows to ensure that native species are protected. The permit may have a term of up to two years and may be modified, suspended, or revoked by the commissioner for cause, including violation of a condition of the permit.

new text begin (c) The premises, property, vehicles, private aquatic life, and equipment that are part of a containment facility permitted under this subdivision are subject to reasonable and necessary inspections at reasonable times by a fish health specialist delegated by the commissioner. The owner, operator, or designee may be present when inspections are conducted. During the inspection, a representative sample of imported minnows may be collected for the purpose of fish pathogen or invasive species screening. new text end

new text begin (d) The commissioner may require the applicant to furnish evidence of financial responsibility at the time of application for a permit under this section, as prescribed by the commissioner. new text end

Sec. 79.

Minnesota Statutes 2010, section 103G.005, is amended by adding a subdivision to read:

new text begin Subd. 11a. new text end

new text begin Shallow lake. new text end

new text begin "Shallow lake" means a body of water, excluding a stream, that is greater than or equal to 50 acres in size and less than or equal to 15 feet in maximum depth. new text end

Sec. 80.

Minnesota Statutes 2010, section 103G.408, is amended to read:

103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.

(a) The commissioner, upon consideration of recommendations and objections as provided in clause deleted text begin (4)deleted text end new text begin (2), item (iii),new text end and paragraph (c), may issue a public waters work permit for the temporary drawdown of a public water when:

new text begin (1) the public water is a shallow lake to be managed for fish, wildlife, or ecological purposes by the commissioner and the commissioner has conducted a public hearing presenting a comprehensive management plan outlining how and when temporary drawdowns under this section will be conducted; or new text end

deleted text begin (1)deleted text end new text begin (2)new text end the permit applicant is a public entitydeleted text begin ;deleted text end new text begin and:new text end

deleted text begin (2)deleted text end new text begin (i) new text end the commissioner deems the project to be beneficial and makes findings of fact that the drawdown is in the public interest;

deleted text begin (3)deleted text end new text begin (ii) new text end the permit applicant has obtained permission from at least 75 percent of the riparian landowners; and

deleted text begin (4)deleted text end new text begin (iii)new text end the permit applicant has conducted a public hearing according to paragraph (d).

(b) In addition to the requirements in section 103G.301, subdivision 6, the permit applicant shall serve a copy of the application on each county, municipality, and watershed management organization, if one exists, within which any portion of the public water is located and on the lake improvement district, if one exists.

(c) A county, municipality, watershed district, watershed management organization, or lake improvement district required to be served under paragraph (b) or section 103G.301, subdivision 6, may file a written recommendation for the issuance of a permit or an objection to the issuance of a permit with the commissioner within 30 days after receiving a copy of the application.

(d) The hearing notice for a public hearing under paragraph (a), clause deleted text begin (4)deleted text end new text begin (2), item (iii)new text end , must:

(1) include the date, place, and time for the hearing;

(2) include the waters affected and a description of the proposed project;

(3) be mailed to the director, the county auditor, the clerk or mayor of a municipality, the lake improvement district if one exists, the watershed district or water management organization, the soil and water conservation district, and all riparian owners of record affected by the application; and

(4) be published in a newspaper of general circulation in the affected area.

new text begin (e) Periodic temporary drawdowns conducted under paragraph (a) shall not be considered takings from riparian landowners. new text end

deleted text begin (e)deleted text end new text begin (f)new text end This section does not apply to public waters that have been designated for wildlife management under section 97A.101.

Sec. 81.

Minnesota Statutes 2010, section 604A.21, subdivision 5, is amended to read:

Subd. 5.

Recreational purpose.

"Recreational purpose" includes, but is not limited to, hunting; trapping; fishing; swimming; boating; camping; picnicking; hiking; rock climbing; cave exploring; bicycling; horseback riding; firewood gathering; pleasure driving, including snowmobiling and the operation of any motorized vehicle or conveyance upon a road or upon or across land in any manner, including recreational trail use; nature study; water skiing; winter sports; new text begin noncommercial aviation activities; new text end and viewing or enjoying historical, archaeological, scenic, or scientific sites. "Rock climbing" means the climbing of a naturally exposed rock face. "Cave exploring" means the planned exploration of naturally occurring cavities in rock, including passage through any structures placed for the purpose of safe access, access control, or conservation, but does not include the exploration of other man-made cavities such as tunnels, mines, and sewers.new text begin "Noncommercial aviation activities" means the use of private, nonstaffed airstrips for takeoffs and landings related to other recreational purposes under this subdivision that are not commercial operations under section 360.013, subdivision 45.new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 82.

Laws 2011, First Special Session chapter 2, article 1, section 4, subdivision 6, is amended to read:

Subd. 6.

Fish and Wildlife Management

60,761,000 60,161,000
Appropriations by Fund
2012 2013
General 199,000 199,000
Natural Resources 1,899,000 1,899,000
Game and Fish 58,663,000 58,063,000

$100,000 the first year and $100,000 the second year are from the nongame wildlife account in the natural resources fund for gray wolf research.

$120,000 the first year and $120,000 the second year are from the game and fish fund for gray wolf management.

$8,167,000 the first year and $8,167,000 the second year are from the heritage enhancement account in the game and fish fund only for activities specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1). Notwithstanding Minnesota Statutes, section 297A.94, deleted text begin fivedeleted text end new text begin up to tennew text end percent of this appropriation may be used for expanding hunter and angler recruitment and retentionnew text begin , including grants to organizations for programs that promote Minnesota's outdoor heritage to children and adults and securing public shooting range availability in the seven-county metropolitan area for use by participants in a Minnesota Department of Natural Resources firearms safety instruction course under Minnesota Statutes, section 97B.015new text end .

Notwithstanding Minnesota Statutes, section 84.943, $13,000 the first year and $13,000 the second year from the critical habitat private sector matching account may be used to publicize the critical habitat license plate match program.

$199,000 the first year and $199,000 the second year are for preserving, restoring, and enhancing grassland and wetland complexes on public or private lands.

$600,000 the first year is from the game and fish fund for land acquisition.

Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered under contract on or before June 30, 2013, for aquatic restoration grants and wildlife habitat grants are available until June 30, 2014.

Sec. 83.

new text begin RULEMAKING; TROUT SEASONS. new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part 6262.0200, to make seasons for brown trout, brook trout, rainbow trout, and splake in lakes inside and outside the Boundary Waters Canoe Area consistent with section 75. The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, 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

Sec. 84.

new text begin RULEMAKING; RESTITUTION VALUE FOR WOLVES. new text end

new text begin (a) The commissioner of natural resources shall amend the restitution value for gray wolves in Minnesota Rules, part 6133.0075, to be $500 and shall change the term "gray wolves" to "wolves." 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

Sec. 85.

new text begin RULEMAKING; USE OF SNARES. new text end

new text begin (a) The commissioner of natural resources shall add a definition of a wolf snare to Minnesota Rules, part 6234.0900, to read: "'Wolf snare' means any snare set that: new text end

new text begin A. has a maximum loop diameter greater than ten inches, but less than or equal to 18 inches; new text end

new text begin B. has a cable diameter of at least 7/64 inches; new text end

new text begin C. includes stops affixed to the cable to ensure that the portion of the snare that makes up the noose loop may not be less than three inches in diameter when fully closed; new text end

new text begin D. includes a breakaway device that would cause the snare loop to break when pulled by a moose; and new text end

new text begin E. includes a diverter wire that extends 27 inches in both directions, measured perpendicular to and from the top of the snare loop. The diverter wires must be positioned at an angle no more than 20 degrees from the horizontal plane of the top of the snare, and the snare must be set within 20 yards of bait." new text end

new text begin (b) The commissioner of natural resources shall amend Minnesota Rules, part 6234.2300, to include a subpart to read: "Wolves may be taken with snares or wolf snares as defined in part 6234.0900." new text end

new text begin (c) The commissioner of natural resources shall amend Minnesota Rules, part 6234.2400, subpart 7, to read: "A snare may not be set so that the top of the loop is more than 20 inches above the first surface beneath the bottom of the set snare loop. During the wolf season, licensed wolf trappers may use wolf snares but a wolf snare may not be set so that the bottom of the loop is more than 18 inches above the first surface beneath the bottom of the set snare loop." new text end

new text begin (d) The commissioner of natural resources shall amend Minnesota Rules, part 6234.2400, subpart 5, to read: "Snares, including wolf snares, may not be set in deer, elk, or moose trails." new text end

new text begin (e) The commissioner of natural resources shall amend Minnesota Rules, part 6234.2400, to include a subpart to read: "Licensed wolf trappers shall set wolf snares for wolves no closer than 500 feet to another wolf snare set by the same licensed wolf trapper." new text end

new text begin (f) 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

Sec. 86.

new text begin TRANSITION; SNOWMOBILE REGISTRATION. new text end

new text begin An individual who, on the effective date of sections 4, 5, 7, 8, and 9, possesses an unexpired snowmobile registration that was issued before the effective date of sections 4, 5, 7, 8, and 9 and who was required to display a valid snowmobile state trail sticker before the effective date of sections 4, 5, 7, 8, and 9 must continue to display a valid snowmobile state trail sticker according to Minnesota Statutes 2010, section 84.8205, until such time as the snowmobile registration is renewed under the terms of sections 4, 5, 7, 8, and 9. new text end

Sec. 87.

new text begin PUBLIC HEARINGS; TWIN LAKES SCIENTIFIC AND NATURAL AREA. new text end

new text begin The commissioner of natural resources shall, by September 1, 2012, hold public hearings utilizing the process provided under Minnesota Statutes, section 86A.05, subdivision 5, paragraph (d), on the issue of whether hunting should be allowed in Twin Lakes Scientific and Natural Area. Any costs associated with conducting the public hearings required under this section are the responsibility of the department. new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 88.

new text begin RECORDS MANAGEMENT; LEGISLATIVE REPORT. new text end

new text begin By January 15, 2015, the commissioner of natural resources shall prepare and submit a report to the chairs and ranking minority members of the house of representatives and senate legislative committees with jurisdiction over environment and natural resources policy and finance for developing a records management system in the Division of Enforcement. The report must include projected costs for planning, implementing, maintaining, and administering a comprehensive records management system, associated technology and equipment improvements, and an assessment of long-term funding needs to fully implement, maintain, and administer the records management system. new text end

Sec. 89.

new text begin REPORT TO LEGISLATURE. new text end

new text begin By February 15, 2013, the commissioner of natural resources, after consultation with the aquaculture industry and other affected parties, shall report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over environment and natural resources on the risks of introducing invasive carp through transportation of fish between water bodies and shall include recommendations for any necessary changes in statutes, rules, or permitting procedures. new text end

Sec. 90.

new text begin REVISOR'S INSTRUCTION. new text end

new text begin (a) The revisor of statutes shall change the term "gray wolf" or "gray wolves" wherever the term appears in Minnesota Statutes and Minnesota Rules to "wolf" or "wolves." new text end

new text begin (b) The revisor of statutes shall change the range reference "parts 6234.0900 to 6234.2300" to "parts 6234.0900 to 6234.2400" in Minnesota Rules, part 6234.0900. new text end

Sec. 91.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 87A.02, subdivision 1; 97A.045, subdivisions 8 and 13; 97A.065, subdivision 1; 97A.095, subdivision 3; 97A.331, subdivision 7; 97A.485, subdivision 12; 97A.552; 97B.645, subdivision 2; and 97C.031, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2010, section 17.4993, subdivision 2, new text end new text begin is repealed on July 1, 2013. new text end

ARTICLE 2

GAME AND FISH LICENSE FEES

Section 1.

Minnesota Statutes 2010, section 97A.055, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Land acquisition restriction. new text end

new text begin Except as provided in section 97A.475, subdivision 4, revenue from the sale of game and fish licenses and permits, excluding revenue from hunting and fishing stamps, shall not be used to acquire land in fee or easement. new text end

Sec. 2.

Minnesota Statutes 2011 Supplement, 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 (5), (6), (7), (13), (14), and (15)deleted text begin , anddeleted text end new text begin ;new text end 3, new text begin paragraph (a), new text end clauses (2), (3), (4), (10), (11), and (12)deleted text begin ,deleted text end new text begin ; and 8, paragraph (b),new text end and licenses issued under section 97B.301, subdivision 4.

(b) $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, shall be credited to the deer management account and is appropriated to the commissioner for deer habitat improvement or deer management programs.

(c) $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, shall be credited to the deer and bear management account and is appropriated to the commissioner for deer and bear management programs, including a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild cervidae health management account and is 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. 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.

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 (e) Fifty cents from each annual deer license and 50 cents annually from the lifetime fish and wildlife trust fund established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring account under subdivision 7. new text end

Sec. 3.

Minnesota Statutes 2010, section 97A.411, subdivision 1, is amended to read:

Subdivision 1.

License period.

(a) Except as provided in paragraphs (b), (d), deleted text begin anddeleted text end (e), new text begin and (f), new text end a license is valid during the lawful time within the license year that the licensed activity may be performed. Except as provided in deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (c)new text begin and (f)new text end , a license year begins on the first day of March and ends on the last day of February.

(b) A new text begin short-term new text end license issued under section 97A.475deleted text begin , subdivision 6, clause (5), 97A.475, subdivision 7, clause (2), (3), (5), or (6), or 97A.475, subdivision 12, clause (2), deleted text end new text begin that is limited by the number of days or hours under section 97A.475, new text end is valid for the full license period even if this period extends into the next license year, provided that the license period selected by the licensee begins at the time of issuance.

(c) The license year for deleted text begin resident fishing, the angling portion of a sporting license, nonresident fishing,deleted text end resident fish house, resident dark house, and nonresident fish house begins on March 1 and ends on April 30 of the following year.

(d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the lawful time within the license year that the licensed activity may be performed for the lifetime of the licensee.

(e) A three-year fish house or dark house license is valid during the license year that it is purchased and the two succeeding license years.

new text begin (f) A three-year individual angling license is valid during the license year in which it is purchased and the two succeeding license years. new text end

Sec. 4.

Minnesota Statutes 2010, section 97A.411, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Validity of license when age or residency status changes. new text end

new text begin A license to take wild animals that was lawfully obtained continues to be valid for the balance of the license period if the licensee's age, residency, or student qualification status changes. new text end

Sec. 5.

Minnesota Statutes 2010, section 97A.435, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

Persons eligible for a turkey license shall be determined by this section and commissioner's rule. deleted text begin A person is eligible for a turkey license only if the person is at least age 16 before the season opens, possesses a firearms safety certificate, or, if under age 12, is accompanied by a parent or guardian.deleted text end

Sec. 6.

Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 deleted text begin mustdeleted text end new text begin may notnew text end obtain a small game license deleted text begin in order todeleted text end new text begin but maynew text end take small game by firearms or bow and arrow without deleted text begin paying the applicable fees under section 97A.475, subdivisions 2, 4, and 5,deleted text end new text begin a licensenew text end if the resident is:

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

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

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

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

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

(c) A resident under age deleted text begin 12 may apply for a turkey licensedeleted text end new text begin 13 must obtain a free turkey license to take turkeynew text end and may take a turkey without a firearms safety certificate if the resident is accompanied by an adult parent or guardian who has a firearms safety certificate.

(d) A resident under age deleted text begin 12deleted text end new text begin 13new text end may apply for a prairie chicken license and may take a prairie chicken without a firearms safety certificate if the resident is accompanied by an adult parent or guardian who has a firearms safety certificate.

Sec. 7.

Minnesota Statutes 2010, section 97A.451, is amended by adding a subdivision to read:

new text begin Subd. 3b. new text end

new text begin Nonresidents under age 18; small game. new text end

new text begin (a) A nonresident age 16 or over and under age 18 may take small game by firearms or archery and may obtain a small game license at the youth fee under section 97A.475, subdivision 3, paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate. new text end

new text begin (b) A nonresident under age 16 may take small game by firearms or archery and may obtain a small game license without paying the applicable fees under section 97A.475, subdivisions 3, 4, and 5, if the nonresident is: new text end

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

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

new text begin (3) age 12 or under and is accompanied by a parent or guardian. new text end

Sec. 8.

Minnesota Statutes 2010, section 97A.451, subdivision 4, is amended to read:

Subd. 4.

Persons under age deleted text begin 16deleted text end new text begin 13new text end ; big game.

deleted text begin (a) A person age 12, 13, 14, or 15 may not obtain a license to take big game unless the person possesses a firearms safety certificate. A person age 12 or 13 must be accompanied by a parent or guardian to hunt big game. deleted text end

deleted text begin (b)deleted text end A person age deleted text begin 10 or 11deleted text end new text begin ten or over and under age 13new text end may take big gamenew text begin ,new text end provided the person is under the direct supervision of a parent or guardian where the parent or guardian is within immediate reach. deleted text begin Until March 1, 2009, a person age 10 or 11 may take big game under a parent or guardian's license. Beginning March 1, 2009,deleted text end A person age deleted text begin 10 or 11deleted text end new text begin ten or over and under age 13new text end must obtain a license deleted text begin in orderdeleted text end to take big game and may obtain the license without paying the fee required under section 97A.475, subdivision 2.

Sec. 9.

Minnesota Statutes 2010, section 97A.451, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Nonresidents under age 16deleted text end new text begin Nonresident youth; anglingnew text end .

(a) A nonresident under deleted text begin thedeleted text end age deleted text begin ofdeleted text end 16 maynew text begin :new text end

new text begin (1)new text end take fish by angling without a license if a parent or guardian has a fishing license. Fish taken by a nonresident under deleted text begin thedeleted text end age deleted text begin ofdeleted text end 16 without a license must be included in the limit of the parent or guardiandeleted text begin .deleted text end new text begin ;new text end

deleted text begin (b) A nonresident under age 16 maydeleted text end new text begin (2)new text end purchase a new text begin youth new text end fishing license deleted text begin at the resident feedeleted text end new text begin under section 97A.475, subdivision 7, paragraph (a), clause (8), and possess a limit of fish;new text end or

new text begin (3)new text end be included under a nonresident family new text begin angling new text end licensedeleted text begin , take fish by angling,deleted text end and possess a limit of fish.

new text begin (b) A nonresident age 16 or over and under age 18 must purchase a youth license to angle under section 97A.475, subdivision 7, paragraph (a), clause (8). new text end

Sec. 10.

Minnesota Statutes 2010, section 97A.473, subdivision 2, is amended to read:

Subd. 2.

Lifetime angling license; fee.

(a) A resident lifetime angling license authorizes a person to take fish by angling in the state. The license authorizes those activities authorized by the annual resident angling license. The license does not include a trout and salmon stamp validation, a walleye stamp validation, or other stamps required by law.

(b) The fees for a resident lifetime angling license are:

(1) age 3 and under, deleted text begin $227deleted text end new text begin $304new text end ;

(2) age 4 to age 15, deleted text begin $300deleted text end new text begin $415new text end ;

(3) age 16 to age 50, deleted text begin $383deleted text end new text begin $508new text end ; and

(4) age 51 and over, deleted text begin $203deleted text end new text begin $335new text end .

Sec. 11.

Minnesota Statutes 2010, section 97A.473, subdivision 2b, is amended to read:

Subd. 2b.

Lifetime angling and spearing license; fee.

(a) A resident lifetime angling and spearing license authorizes a person to take fish by angling or spearing in the state. The license authorizes those activities authorized by the annual resident angling and spearing licenses.

(b) The fees for a resident lifetime angling and spearing license are:

(1) age 3 and under, deleted text begin $485deleted text end new text begin $380new text end ;

(2) age 4 to age 15, deleted text begin $620deleted text end new text begin $509new text end ;

(3) age 16 to age 50, deleted text begin $755deleted text end new text begin $617new text end ; and

(4) age 51 and over, deleted text begin $376deleted text end new text begin $386new text end .

Sec. 12.

Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:

Subd. 3.

Lifetime small game hunting license; fee.

(a) A resident lifetime small game hunting license authorizes a person to hunt and trap small game in the state. The license authorizes those hunting and trapping activities authorized by the annual resident small game hunting and trapping licenses. The license does not include a turkey stamp validation or any other hunting stamps required by law.

(b) The fees for a resident lifetime small game hunting license are:

(1) age 3 and under, deleted text begin $217deleted text end new text begin $223new text end ;

(2) age 4 to age 15, deleted text begin $290deleted text end new text begin $301new text end ;

(3) age 16 to age 50, deleted text begin $363deleted text end new text begin $430new text end ; and

(4) age 51 and over, deleted text begin $213deleted text end new text begin $274new text end .

Sec. 13.

Minnesota Statutes 2010, section 97A.473, subdivision 4, is amended to read:

Subd. 4.

Lifetime deer hunting license; fee.

(a) A resident lifetime deer hunting license authorizes a person to take deer with firearms or by archery in the state. The license authorizes those activities authorized by the annual resident firearm deer hunting license or the annual resident archery deer hunting license. The licensee must register and receive tags each year that the license is used. The tags shall be issued at no charge to the licensee.

(b) The fees for a resident lifetime firearm or archery deer hunting license are:

(1) age 3 and under, deleted text begin $337deleted text end new text begin $406new text end ;

(2) age 4 to age 15, deleted text begin $450deleted text end new text begin $538new text end ;

(3) age 16 to age 50, deleted text begin $573deleted text end new text begin $656new text end ; and

(4) age 51 and over, deleted text begin $383deleted text end new text begin $468new text end .

Sec. 14.

Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:

Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license authorizes a person to take fish by angling and hunt and trap small game in the state. The license authorizes those activities authorized by the annual resident angling, resident small game hunting, and resident trapping licenses. The license does not include a trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, deleted text begin $357deleted text end new text begin $528new text end ;

(2) age 4 to age 15, deleted text begin $480deleted text end new text begin $728new text end ;

(3) age 16 to age 50, deleted text begin $613deleted text end new text begin $861new text end ; and

(4) age 51 and over, deleted text begin $413deleted text end new text begin $602new text end .

Sec. 15.

Minnesota Statutes 2010, section 97A.474, subdivision 2, is amended to read:

Subd. 2.

Nonresident lifetime angling license; fee.

(a) A nonresident lifetime angling license authorizes a person to take fish by angling in the state. The license authorizes those activities authorized by the annual nonresident angling license. The license does not include a trout and salmon stamp validation, a walleye stamp validation, or other stamps required by law.

(b) The fees for a nonresident lifetime angling license are:

(1) age 3 and under, deleted text begin $447deleted text end new text begin $726new text end ;

(2) age 4 to age 15, deleted text begin $600deleted text end new text begin $925new text end ;

(3) age 16 to age 50, deleted text begin $773deleted text end new text begin $1,054new text end ; and

(4) age 51 and over, deleted text begin $513deleted text end new text begin $702new text end .

Sec. 16.

Minnesota Statutes 2010, 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, deleted text begin $12.50deleted text end new text begin $15.50new text end ;

(2) for persons deleted text begin ages 16 and 17 anddeleted text end age 65 or over, deleted text begin $6deleted text end new text begin $7new text end to take small game;

(3) for persons age 18 or over to take turkey, deleted text begin $23deleted text end new text begin $26new text end ;

(4) for persons deleted text begin underdeleted text end age new text begin 13 or over and under age new text end 18 to take turkey, deleted text begin $12deleted text end new text begin $5new text end ;

(5) for persons age 18 or over to take deer with firearms during the regular firearms season, deleted text begin $26deleted text end new text begin $30new text end ;

(6) for persons age 18 or over to take deer by archery, deleted text begin $26deleted text end new text begin $30new text end ;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, deleted text begin $26deleted text end new text begin $30new text end ;

(8) to take moose, for a party of not more than six persons, deleted text begin $310deleted text end new text begin $356new text end ;

(9) to take bear, deleted text begin $38deleted text end new text begin $44new text end ;

(10) to take elk, for a party of not more than two persons, deleted text begin $250deleted text end new text begin $287new text end ;

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

(12) to take prairie chickens, deleted text begin $20deleted text end new text begin $23new text end ;

(13) for persons new text begin age 13 or over and new text end under age 18 to take deer with firearms during the regular firearms season, deleted text begin $13deleted text end new text begin $5new text end ;

(14) for persons new text begin age 13 or over and new text end under age 18 to take deer by archery, deleted text begin $13; anddeleted text end new text begin $5;new text end

(15) for persons new text begin age 13 or over and new text end under age 18 to take deer by muzzleloader during the muzzleloader season, deleted text begin $13.deleted text end new text begin $5;new text end

new text begin (16) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $19, of which an amount equal to: one-half of the fee for the migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small game surcharge under subdivision 4, shall be deposited in the wildlife acquisition account; and new text end

new text begin (17) for persons age 16 or over and under age 18 to take small game, $5. new text end

Sec. 17.

Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:

Subd. 3.

Nonresident hunting.

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

(1) for persons age 18 or over to take small game, deleted text begin $73deleted text end new text begin $90.50new text end ;

(2) for persons age 18 or over to take deer with firearms during the regular firearms season, deleted text begin $135deleted text end new text begin $160new text end ;

(3) for persons age 18 or over to take deer by archery, deleted text begin $135deleted text end new text begin $160new text end ;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, deleted text begin $135deleted text end new text begin $160new text end ;

(5) to take bear, deleted text begin $195deleted text end new text begin $225new text end ;

(6) for persons age 18 deleted text begin and olderdeleted text end new text begin or over new text end to take turkey, deleted text begin $78deleted text end new text begin $91new text end ;

(7) for persons new text begin age 13 or over and new text end under age 18 to take turkey, deleted text begin $12deleted text end new text begin $13new text end ;

(8) to take raccoon or bobcat, deleted text begin $155deleted text end new text begin $178new text end ;

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

(10) for persons new text begin age 13 or over and new text end under age 18 to take deer with firearms during the regular firearms season in any open season option or time period, deleted text begin $13deleted text end new text begin $15new text end ;

(11) for persons new text begin age 13 or over and new text end under age 18 to take deer by archery, deleted text begin $13; anddeleted text end new text begin $15;new text end

(12) for persons new text begin age 13 or over and new text end under age 18 to take deer during the muzzleloader season, deleted text begin $13.deleted text end new text begin $15;new text end

new text begin (13) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $75, of which an amount equal to: one-half of the fee for the migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small game surcharge under subdivision 4, shall be deposited into the wildlife acquisition account; and new text end

new text begin (14) for persons age 16 and over and under age 18 to take small game, $15. new text end

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph (a), clauses (1) to new text begin (6) and new text end (8). An additional commission may not be assessed on this surcharge.

Sec. 18.

Minnesota Statutes 2010, section 97A.475, subdivision 4, is amended to read:

Subd. 4.

Small game surcharge.

Fees for annual licenses to take small game must be increased by a surcharge of $6.50new text begin , except licenses under subdivisions 2, clauses (16) and (17); and 3, paragraph (a), clause (13)new text end . An additional commission may not be assessed on the surcharge and the following statement must be included in the annual small game hunting regulations: "This $6.50 surcharge is being paid by hunters for the acquisition and development of wildlife lands."

Sec. 19.

Minnesota Statutes 2010, section 97A.475, subdivision 6, is amended to read:

Subd. 6.

Resident fishing.

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

(1) new text begin for persons age 18 or over new text end to take fish by angling, deleted text begin $17deleted text end new text begin $22new text end ;

(2) new text begin for persons age 18 or over new text end to take fish by angling, for a combined license for a married couple, deleted text begin $25deleted text end new text begin $35new text end ;

(3) new text begin for persons age 18 or over new text end to take fish by spearing from a dark house, deleted text begin $17; anddeleted text end new text begin $5, and the person must possess an angling license;new text end

(4) new text begin for persons age 18 or over new text end to take fish by angling for a 24-hour period selected by the licensee, deleted text begin $8.50.deleted text end new text begin $10;new text end

new text begin (5) for persons age 18 or over to take fish by angling for a consecutive 72-hour period selected by the licensee, $12; new text end

new text begin (6) for persons age 18 or over to take fish by angling for three consecutive years, $63; and new text end

new text begin (7) for persons age 16 or over and under age 18 to take fish by angling, $5. new text end

Sec. 20.

Minnesota Statutes 2011 Supplement, section 97A.475, subdivision 7, is amended to read:

Subd. 7.

Nonresident fishing.

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

(1) new text begin for persons age 18 or over new text end to take fish by angling, deleted text begin $37.50deleted text end new text begin $40new text end ;

(2) new text begin for persons age 18 or over new text end to take fish by angling limited to seven consecutive days selected by the licensee, deleted text begin $26.50deleted text end new text begin $33new text end ;

(3) new text begin for persons age 18 or over new text end to take fish by angling for a new text begin consecutive new text end 72-hour period selected by the licensee, deleted text begin $22deleted text end new text begin $27new text end ;

(4) new text begin for persons age 18 or over new text end to take fish by angling for a combined license for a family for one or both parents and dependent children under the age of 16, deleted text begin $50.50deleted text end new text begin $55new text end ;

(5) new text begin for persons age 18 or over new text end to take fish by angling for a 24-hour period selected by the licensee, deleted text begin $8.50deleted text end new text begin $12new text end ;

(6) to take fish by angling for a combined license for a married couple, limited to 14 consecutive days selected by one of the licensees, deleted text begin $38.50; anddeleted text end new text begin $43;new text end

(7) new text begin for persons age 18 or over new text end to take fish by spearing from a dark house, deleted text begin $37.50.deleted text end new text begin $10, and the person must possess an angling license; andnew text end

new text begin (8) for persons age 16 or over and under age 18 to take fish by angling, $5. new text end

(b) A deleted text begin $2deleted text end new text begin $5new text end surcharge shall be added to all nonresident fishing licenses, except licenses issued under paragraph (a), deleted text begin clausedeleted text end new text begin clausesnew text end (5)deleted text begin , and licenses purchased at the resident fee by nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b)deleted text end new text begin and (8)new text end . An additional commission may not be assessed on this surcharge.

Sec. 21.

Minnesota Statutes 2010, section 97A.475, subdivision 8, is amended to read:

Subd. 8.

Minnesota sportingnew text begin ; super sportsnew text end .

new text begin (a) new text end The commissioner shall issue Minnesota sporting licenses to residents only. The licensee may take fish by angling and small game. The fee for the license is:

(1) for an individual, deleted text begin $23deleted text end new text begin $31.50new text end ; and

(2) for a combined license for a married couple to take fish and for one spouse to take small game, deleted text begin $32deleted text end new text begin $45.50new text end .

new text begin (b) The commissioner shall issue Minnesota super sports licenses to residents only. The licensee may take fish by angling, including trout; small game, including pheasant and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super sports license, including all required stamp validations is: new text end

new text begin (1) for an individual age 18 or over, $92.50; and new text end

new text begin (2) for a combined license for a married couple to take fish, including the trout and salmon stamp validation, and for one spouse to take small game, including pheasant and waterfowl, and deer, $118.50. new text end

new text begin (c) Revenue for the stamp endorsements under paragraph (b) shall be deposited according to section 97A.075, subdivisions 2, 3, and 4. new text end

new text begin (d) Revenue for the deer license endorsement under paragraph (b) shall be deposited according to section 97A.075, subdivision 1. new text end

Sec. 22.

Minnesota Statutes 2010, section 97A.475, subdivision 11, is amended to read:

Subd. 11.

Fish houses, dark houses, and shelters; residents.

Fees for the following licenses are:

(1) annual for a fish house, dark house, or shelter that is not rented, deleted text begin $11.50deleted text end new text begin $15new text end ;

(2) annual for a fish house, dark house, or shelter that is rented, deleted text begin $26deleted text end new text begin $30new text end ;

(3) three-year for a fish house, dark house, or shelter that is not rented, deleted text begin $34.50deleted text end new text begin $42new text end ; and

(4) three-year for a fish house, dark house, or shelter that is rented, deleted text begin $78deleted text end new text begin $87new text end .

Sec. 23.

Minnesota Statutes 2010, section 97A.475, subdivision 12, is amended to read:

Subd. 12.

Fish houses, dark houses, and shelters; nonresident.

Fees for fish house, dark house, and shelter licenses for a nonresident are:

(1) annual, deleted text begin $33deleted text end new text begin $37new text end ;

(2) seven consecutive daysnew text begin selected by the licenseenew text end , deleted text begin $19deleted text end new text begin $21new text end ; and

(3) three-year, deleted text begin $99deleted text end new text begin $111new text end .

Sec. 24.

Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:

Subd. 20.

Trapping license.

The fee for a license to trap fur-bearing animals is:

(1) for residents over age 13 and under age 18, deleted text begin $6deleted text end new text begin $5new text end ;

(2) for residents age 18 or over and under age 65, deleted text begin $20deleted text end new text begin $23new text end ;

(3) for residents age 65 or over, deleted text begin $10deleted text end new text begin $11.50new text end ; and

(4) for nonresidents, deleted text begin $73deleted text end new text begin $84new text end .

Sec. 25.

Minnesota Statutes 2010, section 97A.475, subdivision 43, is amended to read:

Subd. 43.

Duplicate licenses.

The fees for duplicate licenses are:

(1) for licenses to take big game, $5new text begin , except licenses issued under subdivision 8, paragraph (b)new text end ; and

(2) for other licenses, $2.

Sec. 26.

Minnesota Statutes 2010, section 97A.475, subdivision 44, is amended to read:

Subd. 44.

Replacement licenses.

The fee for a replacement firearms deer license is $5new text begin , except there is no fee for replacing a deer license issued under subdivision 8, paragraph (b)new text end .

Sec. 27.

Minnesota Statutes 2010, section 97A.475, subdivision 45, is amended to read:

Subd. 45.

Camp Ripley archery deer hunt.

The application fee for the Camp Ripley archery deer hunt is deleted text begin $8deleted text end new text begin $12new text end .

Sec. 28.

Minnesota Statutes 2010, section 97A.485, subdivision 7, is amended to read:

Subd. 7.

Electronic licensing system commission.

The commissioner shall retain for the operation of the electronic licensing system the commission established under section 84.027, subdivision 15, and issuing fees collected by the commissioner on all license fees deleted text begin collected, excluding:deleted text end new text begin .new text end

deleted text begin (1) the small game surcharge; deleted text end

deleted text begin (2) the deer license surcharges or donations under section 97A.475, subdivisions 3, paragraph (b), and 3a; and deleted text end

deleted text begin (3) $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, and 13. deleted text end

Sec. 29.

Minnesota Statutes 2010, section 97B.020, is amended to read:

97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.

(a) Except as provided in this section and section 97A.451, deleted text begin subdivision 3adeleted text end new text begin subdivisions 3 and 3bnew text end , a person born after December 31, 1979, may not obtain an annual license to take wild animals by firearms unless the person has:

(1) a firearms safety certificate or equivalent certificate;

(2) a driver's license or identification card with a valid firearms safety qualification indicator issued under section 171.07, subdivision 13;

(3) a previous hunting license with a valid firearms safety qualification indicator;

(4) an apprentice hunter validation issued under section 97B.022; or

(5) other evidence indicating that the person has completed in this state or in another state a hunter safety course recognized by the department under a reciprocity agreement or certified by the department as substantially similar.

(b) A person who is on active duty and has successfully completed basic training in the United States armed forces, reserve component, or National Guard may obtain a hunting license or approval authorizing hunting regardless of whether the person is issued a firearms safety certificate.

(c) A person born after December 31, 1979, may not use a lifetime license to take wild animals by firearms, unless the person meets the requirements for obtaining an annual license under paragraph (a) or (b).

Sec. 30.

Minnesota Statutes 2010, section 97B.715, subdivision 1, is amended to read:

Subdivision 1.

Stamp required.

(a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person required to possess a small game license may not hunt pheasants without a pheasant stamp validation.

(b) The following persons are exempt from this subdivision:

(1) residents new text begin and nonresidents new text end under age 18 deleted text begin ordeleted text end new text begin and residents new text end over age 65;

(2) persons hunting on licensed commercial shooting preserves; deleted text begin anddeleted text end

(3) resident disabled veterans with a license issued under section 97A.441, subdivision 6adeleted text begin .deleted text end new text begin ; andnew text end

new text begin (4) residents and nonresidents hunting on licenses issued under section 97A.475, subdivision 2, clause (16); or 3, paragraph (a), clause (13). new text end

Sec. 31.

Minnesota Statutes 2010, section 97B.801, is amended to read:

97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.

(a) Except as provided in this section or section 97A.405, subdivision 2, a person required to possess a small game license may not take migratory waterfowl without a migratory waterfowl stamp validation.

(b) Residents under age 18 or over age 65; resident disabled veterans with a license issued under section 97A.441, subdivision 6a; and persons hunting on their own property are not required to possess a stamp validation under this section.

new text begin (c) Residents and nonresidents with licenses issued under section 97A.475, subdivision 2, clause (16); or 3, paragraph (a), clause (13), are not required to possess a stamp validation under this section. new text end

Sec. 32.

Minnesota Statutes 2010, section 97C.305, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

Except as provided in subdivision 2 or section 97A.405, subdivision 2, a person over age deleted text begin 16deleted text end new text begin 18new text end and under age 65 required to possess an angling license must have a trout and salmon stamp validation to:

(1) take fish by angling in:

(i) a stream designated by the commissioner as a trout stream;

(ii) a lake designated by the commissioner as a trout lake; or

(iii) Lake Superior; or

(2) possess trout or salmon taken in the state by angling.

Sec. 33.

Minnesota Statutes 2010, section 97C.305, subdivision 2, is amended to read:

Subd. 2.

Exception.

A trout and salmon stamp validation is not required to take fish by angling or to possess trout and salmon if:

(1) the person:

(i) possesses a license to take fish by angling for a period of 24 hours new text begin or 72 hours new text end from the time of issuance under section 97A.475, subdivision 6, clause new text begin (4) or new text end (5)deleted text begin ,deleted text end new text begin ;new text end or deleted text begin subdivisiondeleted text end 7, new text begin paragraph (a), new text end clause new text begin (3) or new text end (5), and

(ii) is taking fish by angling, or the trout or salmon were taken by the person, during the period the license is valid;

(2) the person is taking fish, or the trout or salmon were taken by the person, as authorized under section 97C.035; or

(3) the person has a valid license issued under section 97A.441, subdivision 1, 2, 3, 4, or 5.

Sec. 34.

new text begin TRANSFER; INVASIVE SPECIES ACCOUNT. new text end

new text begin In fiscal year 2013, the commissioner of management and budget shall transfer $500,000 from the game and fish fund to the invasive species account created in Minnesota Statutes, section 84D.15. This is in addition to the transfer specified in Minnesota Statutes, section 84D.15, subdivision 2. new text end

Sec. 35.

new text begin TRANSFER; WALK-IN ACCESS ACCOUNT. new text end

new text begin The commissioner of natural resources shall transfer $616,000 from the venison donation account in the special revenue fund to the walk-in access account in the special revenue fund. This transfer is available until spent. new text end

Sec. 36.

new text begin APPROPRIATION. new text end

new text begin $1,000,000 in fiscal year 2013 from the invasive species account is added to the appropriation in Laws 2011, First Special Session chapter 2, article 1, section 4, subdivision 3, for invasive species activities. This is a onetime appropriation. new text end

Sec. 37.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2010, section 97A.451, subdivisions 3a and 7, new text end new text begin are repealed. new text end

Sec. 38.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 2 to 33, and 37, are effective March 1, 2013. new text end

Presented to the governor April 30, 2012

Signed by the governor May 3, 2012, 3:17 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes