SF 2227

as introduced - 88th Legislature (2013 - 2014) Posted on 03/19/2014 11:23am

A bill for an act
relating to natural resources; modifying game and fish laws; modifying use of
vehicles for hunting; modifying oversight committee provisions; modifying
provisions for wildlife management areas; modifying license provisions and
fees; modifying trespass provisions; modifying provisions for taking wild
animals; authorizing nonlethal hazing of Canada geese; updating and eliminating
certain obsolete language; modifying prior appropriations; requiring rulemaking;
providing criminal penalties; amending Minnesota Statutes 2012, sections 84.154,
subdivisions 1, 2, 3; 84.777, subdivision 2; 84.87, by adding a subdivision;
84.944, subdivision 2; 84A.10; 84A.50; 97A.025; 97A.055, subdivision 4b;
97A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision
5, by adding a subdivision; 97A.434, subdivision 1; 97A.473, subdivisions 2a, 2b,
5, 5a; 97A.502; 97B.001, subdivisions 3, 4, 7; 97B.031, subdivision 5; 97B.081,
subdivision 3; 97B.086; 97B.095; 97B.516; 97B.605; 97B.655, subdivision 1;
97B.667, subdivisions 3, 4; 97B.731, subdivision 1; 97C.821; Minnesota Statutes
2013 Supplement, sections 97A.475, subdivisions 2, 3; 97A.485, subdivision 6;
Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; proposing
coding for new law in Minnesota Statutes, chapters 97B; 97C; repealing
Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08;
84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3;
97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1, 4; 97B.625; 97B.631;
97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915;
97B.921; 97B.925; 97C.011; 97C.827; Minnesota Rules, part 6100.5100.

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

Section 1.

Minnesota Statutes 2012, section 84.154, subdivision 1, is amended to read:

Subdivision 1.

Conservation project.

The commissioner is hereby authorized, with
the approval of the Executive Council, and on such terms as may be deemed advantageous
to the state, to sell and convey to the United States the fee title, free from any mineral
reservation, of lands acquired by the state for the Lac qui Parle River water control project
upon which dams and appurtenant structures have been or may be constructed and such
rights-of-way as may be required by the United States to provide access thereto for the
purposes of construction, maintenance and operation, and to grant, sell and convey either
such fee title to, or flowage rights over, all lands acquired for the project on and above Lac
qui Parle Lake which lie below the 935.7 foot elevation on project datum, and to grant,
sell and convey flowage rights only over all lands so acquired on or above Marsh Lake
which lie below the 939.5 foot elevation on project datum and over all of such lands
on and above either of these lakes which lie above such elevations, and to lease to any
appropriate agency of the United States for conservation purposes, subject to such flowage
rights, any of such lands the ownership of which is retained by the state, or to enter into a
cooperative agreement with any such agency for the development and management of
any wild life or other conservation activity thereon; provided, that no such conveyance or
agreement shall waive any claim of the state for reimbursement from the United States
deleted text begin under the Flood Control Act of June 28, 1938, and any amendments thereof deleted text end . Each such
lease for conservation purposes and each such cooperative agreement for the development
and management of wild life or other conservation activity on such lands shall contain
specific conditions reserving to the public during all open seasons for hunting wild
waterfowl at least 40 percent of the area of these lands suitable for hunting waterfowl as
public shooting grounds.

Sec. 2.

Minnesota Statutes 2012, section 84.154, subdivision 2, is amended to read:

Subd. 2.

Commissioner may complete Lac qui Parle and Big Stone Lake
projects.

deleted text begin Inasmuch as the cessation of the work relief program of the federal government
and the entry of the United States into the present war prevented completion of certain
contemplated features of the Lac qui Parle and Big Stone Lake water control projects
heretofore undertaken by the Executive Council, in cooperation with federal agencies,
and it is desirable that such projects be completed in order to secure effective control and
utilization of the waters affected for the purposes of prevention and control of floods,
water conservation, improvement of conditions for game and fish, and other authorized
public uses, deleted text end The commissioner of natural resources is authorized to construct all works
and improvements pertaining or incidental to said projects which the commissioner deems
necessary for such purposes, and to maintain and operate the same so far as not transferred
to the United States pursuant to law.

Sec. 3.

Minnesota Statutes 2012, section 84.154, subdivision 3, is amended to read:

Subd. 3.

Powers of commissioner.

The commissioner of natural resources may
use for any project herein authorized any land of the state under the commissioner's
jurisdiction or control so far as is not inconsistent with the laws governing the same,
may acquire by purchase, gift, or condemnation any additional lands or interests in lands
required for such projects, including lands or interests in adjacent states if authorized by
the laws thereof, may accept gifts or grants of money or property from the United States or
any other source for such projects, may use and apply any money or property so received
in accordance with the terms of the gift or grant so far as is not inconsistent with the
provisions of this section or other laws, may act in behalf of the state as sponsor for any
such project undertaken or authorized by the United States, may make any sponsor's
contributions required for any such project deleted text begin out of money appropriated by Laws 1943,
chapter 476, or otherwise made available therefor, deleted text end and may cooperate with the United
States or any adjacent state or any authorized agency of either in constructing, maintaining
and operating any such project upon such terms and conditions as the commissioner may
deem proper not inconsistent with the laws of this state.

Sec. 4.

Minnesota Statutes 2012, section 84.777, subdivision 2, is amended to read:

Subd. 2.

Off-highway vehicle new text begin and snowmobile new text end seasonal restrictions.

(a)
Except for designated forest roads, a person must not operate an off-highway vehicle new text begin or
snowmobile new text end on state forest lands during the firearms deer hunting season in areas of the
state where deer may be taken by rifle. This paragraph does not apply to a person in
possession of a valid deer hunting license operating an off-highway vehicle new text begin or snowmobile
new text end before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.

(b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.

(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.

Sec. 5.

Minnesota Statutes 2012, section 84.87, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Snowmobile operation during the firearms deer season. new text end

new text begin Snowmobile
operation during the firearms deer hunting season is restricted as provided in section
84.777, subdivision 2, and rules adopted by the commissioner.
new text end

Sec. 6.

Minnesota Statutes 2012, section 84.944, subdivision 2, is amended to read:

Subd. 2.

Designation of acquired sites.

The critical natural habitat acquired in fee
title by the commissioner under this section shall be designated by the commissioner as:
(1) an outdoor recreation unit pursuant to section 86A.07, subdivision 3, or (2) as provided
in sections 89.018, subdivision 2, paragraph (a), 97A.101, 97A.125, new text begin and new text end 97C.001 deleted text begin , and
97C.011 deleted text end . The commissioner may so designate any critical natural habitat acquired in
less than fee title.

Sec. 7.

Minnesota Statutes 2012, section 84A.10, is amended to read:

84A.10 EMINENT DOMAIN.

The department has the power of eminent domain in chapter 117. The department
may acquire, by eminent domain or by purchase, lands or interests in lands in the preserve
that the department considers necessary for state ownership, use, or development for the
purposes of sections 84A.01 to deleted text begin 84A.11 deleted text end new text begin 84A.101 new text end . deleted text begin No money shall be used to acquire the
lands or interests until the department determines that the money will not be required to
meet the requisitions of the counties authorized under section 84A.04, or for payment of
certificates of indebtedness and their interest.
deleted text end

Sec. 8.

Minnesota Statutes 2012, section 84A.50, is amended to read:

84A.50 CERTAIN CERTIFICATES ACCEPTED AND VALIDATED.

Certificates relating to bonds issued to finance or refinance public drainage ditches,
the principal and interest of the bonds, the amount of money collected from drainage
assessments and credited to ditches, and the amount of the deficit in the ditch fund made
by a county auditor under section deleted text begin 84A.04, deleted text end 84A.23 deleted text begin , deleted text end or 84A.33 to the commissioner of
management and budget on which payment has been made by the state are accepted as
correct and are validated.

Sec. 9.

Minnesota Statutes 2012, section 97A.025, is amended to read:

97A.025 OWNERSHIP OF WILD ANIMALS.

The ownership of wild animals of the state is in the state, in its sovereign capacity
for the benefit of all the people of the state. A person may not acquire a property right in
wild animals, or destroy them, unless authorized under the game and fish laws deleted text begin , sections
84.091 to 84.15, deleted text end or sections 17.47 to 17.498.

Sec. 10.

Minnesota Statutes 2012, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight committees.

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

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

(1) a Fisheries Oversight Committee to review fisheries funding and expenditures,
including activities related to trout and salmon stamps and walleye stamps; and

(2) a Wildlife Oversight Committee to review wildlife funding and expenditures,
including activities related to migratory waterfowl, pheasant, and wild turkey management
and deer and big game management.

(c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee, and four additional members from each committee, shall form a Budgetary
Oversight Committee to coordinate the integration of the fisheries and wildlife oversight
committee reports into an annual report to the legislature; recommend changes on a broad
level in policies, activities, and revenue enhancements or reductions; and provide a forum
to address issues that transcend the fisheries and wildlife oversight committees.

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

(e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee shall be chosen by their respective committees. The chair of the Budgetary
Oversight Committee shall be appointed by the commissioner and may not be the chair of
either of the other oversight committees.

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

(g) deleted text begin Notwithstanding section 15.059, subdivision 5, or other law to the contrary, deleted text end new text begin The
committees authorized under this subdivision are not advisory councils or committees
governed by section 15.059 and are not subject to section 15.059. Committee members
appointed by the commissioner may request reimbursement for mileage expenses in
the same manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2. Committee members must not receive daily compensation
for oversight activities. new text end The Fisheries Oversight Committee, the Wildlife Oversight
Committee, and the Budgetary Oversight Committee deleted text begin do not deleted text end expire deleted text begin until deleted text end June 30, 2015.

Sec. 11.

Minnesota Statutes 2012, section 97A.131, is amended to read:

97A.131 deleted text begin GAME FARMS AND deleted text end HATCHERIES.

The commissioner may acquire property by gift, lease, purchase, or condemnation
and may construct, maintain, operate, and alter facilities for deleted text begin game farms and deleted text end hatcheries.

Sec. 12.

Minnesota Statutes 2012, section 97A.137, subdivision 3, is amended to read:

Subd. 3.

Use of motorized vehicles by disabled hunters.

The commissioner may
issue a special permit, without a fee, authorizing a hunter with a permanent physical
disability to use a snowmobile deleted text begin or deleted text end new text begin , highway-licensed vehicle, new text end all-terrain vehicle new text begin , or motor
boat new text end in wildlife management areas. To qualify for a permit under this subdivision, the
disabled person must possess:

(1) the required hunting licenses; and

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

Sec. 13.

Minnesota Statutes 2012, section 97A.137, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Crossing state lands. new text end

new text begin (a) The commissioner may grant a permit to cross
state lands within wildlife management areas for temporary right-of-way access to federal,
county-managed, or privately owned lands for resource management purposes. A permit
for crossing state lands within wildlife management areas is revocable at any time subject
to conditions identified in the permit.
new text end

new text begin (b) The commissioner may grant a permit to a private landowner or leaseholder to
cross state lands within wildlife management areas by motorized vehicle for temporary
right-of-way access to a permit applicant's land, when it is the only reasonable access and
is consistent with the maintenance and management of wildlife lands.
new text end

Sec. 14.

Minnesota Statutes 2012, section 97A.311, subdivision 5, is amended to read:

Subd. 5.

Refunds.

(a) The commissioner may issue a refund on a license, not
including any issuing fees paid under section 97A.485, subdivision 6, if the request is
received within 90 days of the original license purchase and:

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

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

(3) the licensee purchased two licenses for the same license season in error; deleted text begin or
deleted text end

(4) the licensee was not legally required to purchase the license to participate in
the activity new text begin ; or
new text end

new text begin (5) evidence is provided to the commissioner that demonstrates the license was
issued incorrectly by the department or license agent new text end .

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

Sec. 15.

Minnesota Statutes 2012, section 97A.311, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin License corrections. new text end

new text begin The commissioner may correct a license or license
type and refund the difference or charge the difference of the corrected license fee if:
new text end

new text begin (1) the licensee provides evidence that the license was issued incorrectly by the
department or license agent;
new text end

new text begin (2) the request is made within 30 days of the original license purchase;
new text end

new text begin (3) the season or license activities for the original license have not yet started at the
time of the request; and
new text end

new text begin (4) the licensee is entitled to the corrected license.
new text end

Sec. 16.

Minnesota Statutes 2012, section 97A.434, subdivision 1, is amended to read:

Subdivision 1.

Number of licenses to be issued.

If the commissioner establishes
an open season for prairie chickens deleted text begin under section 97B.711 deleted text end , the commissioner shall also
determine, by rule, the number of licenses to be issued.

Sec. 17.

Minnesota Statutes 2012, section 97A.473, subdivision 2a, is amended to read:

Subd. 2a.

Lifetime spearing license; fee.

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

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

(1) age 3 and under, deleted text begin $258 deleted text end new text begin $77 new text end ;

(2) age 4 to age 15, deleted text begin $320 deleted text end new text begin $106 new text end ;

(3) age 16 to age 50, deleted text begin $372 deleted text end new text begin $100 new text end ; and

(4) age 51 and over, deleted text begin $173 deleted text end new text begin $52 new text end .

Sec. 18.

Minnesota Statutes 2012, 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, $380;

(2) age 4 to age 15, $509;

(3) age 16 to age 50, deleted text begin $617 deleted text end new text begin $596 new text end ; and

(4) age 51 and over, $386.

Sec. 19.

Minnesota Statutes 2012, 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, other than
wolves, in the state. The license authorizes those activities authorized by the annual
resident angling and resident small game hunting licenses and the resident trapping license
for fur-bearing animals other than wolves. 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 $528 deleted text end new text begin $485 new text end ;

(2) age 4 to age 15, deleted text begin $728 deleted text end new text begin $659 new text end ;

(3) age 16 to age 50, $861; and

(4) age 51 and over, deleted text begin $602 deleted text end new text begin $560 new text end .

Sec. 20.

Minnesota Statutes 2012, 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 game, other than wolves, in the state. The license
authorizes those activities authorized by the annual resident angling, spearing, and resident
small game hunting licenses and the resident trapping license for fur-bearing animals other
than wolves. 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, deleted text begin $615 deleted text end new text begin $562 new text end ;

(2) age 4 to age 15, deleted text begin $800 deleted text end new text begin $765 new text end ;

(3) age 16 to age 50, deleted text begin $985 deleted text end new text begin $961 new text end ; and

(4) age 51 and over, deleted text begin $586 deleted text end new text begin $612 new text end .

Sec. 21.

Minnesota Statutes 2013 Supplement, section 97A.475, subdivision 2, is
amended to read:

Subd. 2.

Resident hunting.

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

(1) for persons age 18 or over and under age 65 to take small game, $15.50;

(2) for persons age 65 or over, $7 to take small game;

(3) for persons age 18 or over to take turkey, $26;

(4) for persons age 13 or over and under age 18 to take turkey, $5;

(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $30;

(6) for persons age 18 or over to take deer by archery, $30;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $30;

(8) to take moose, for a party of not more than six persons, $356;

(9) new text begin for persons age 18 or over new text end to take bear, $44;

(10) to take elk, for a party of not more than two persons, $287;

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

(12) to take prairie chickens, $23;

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

(14) for persons age 13 or over and under age 18 to take deer by archery, $5;

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

new text begin (16) for persons age 10, 11, or 12 to take bear, no fee;
new text end

new text begin (17) for persons age 13 or over and under age 18 to take bear, $5;
new text end

deleted text begin (16) deleted text end new text begin (18) new text end 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;

deleted text begin (17) deleted text end new text begin (19) new text end for persons age 16 or over and under age 18 to take small game, $5;

deleted text begin (18) deleted text end new text begin (20) new text end to take wolf, $30;

deleted text begin (19) deleted text end new text begin (21) new text end for persons age 12 and under to take turkey, no fee;

deleted text begin (20) deleted text end new text begin (22) new text end for persons age 10, 11, or 12 to take deer by firearm, no fee;

deleted text begin (21) deleted text end new text begin (23) new text end for persons age 10, 11, or 12 to take deer by archery, no fee; and

deleted text begin (22) deleted text end new text begin (24) new text end for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.

Sec. 22.

Minnesota Statutes 2013 Supplement, section 97A.475, subdivision 3, is
amended to read:

Subd. 3.

Nonresident hunting.

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

(1) for persons age 18 or over to take small game, $90.50;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $160;

(3) for persons age 18 or over to take deer by archery, $160;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $160;

(5) new text begin for persons age 18 or over new text end to take bear, $225;

(6) for persons age 18 or over to take turkey, $91;

(7) for persons age 13 or over and under age 18 to take turkey, $5;

(8) to take raccoon or bobcat, $178;

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

(10) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season in any open season option or time period, $5;

(11) for persons age 13 or over and under age 18 to take deer by archery, $5;

(12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
season, $5;

(13) new text begin for persons age 13 or over and under 18 to take bear, $5;
new text end

new text begin (14) new text end 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;

deleted text begin (14) deleted text end new text begin (15) new text end for persons age 16 or 17 to take small game, $5;

deleted text begin (15) deleted text end new text begin (16) new text end to take wolf, $250;

deleted text begin (16) deleted text end new text begin (17) new text end for persons age 12 and under to take turkey, no fee;

deleted text begin (17) deleted text end new text begin (18) new text end for persons age ten, 11, or 12 to take deer by firearm, no fee;

deleted text begin (18) deleted text end new text begin (19) new text end for persons age ten, 11, or 12 to take deer by archery, no fee; deleted text begin and
deleted text end

deleted text begin (19) deleted text end new text begin (20) new text end for persons age ten, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee new text begin ; and
new text end

new text begin (21) for person age 10, 11, or 12 to take bear, no fee new text end .

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

Sec. 23.

Minnesota Statutes 2013 Supplement, section 97A.485, subdivision 6, is
amended to read:

Subd. 6.

Licenses to be sold and issuing fees.

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

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

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

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

(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
requires a license purchase at the time of application and the license purchase requires
an application fee;

(5) for a prairie chicken license, the issuing fee is $1;

(6) for a turkey license, the issuing fee is $1;

(7) for an elk license, the issuing fee is $1;

(8) for a moose license, the issuing fee is $1;

(9) for a wolf license, the issuing fee is $1;

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

(11) for stamp validations issued simultaneously with a license, there is no fee;

(12) for licenses, seals, tags, or coupons issued without a fee under section 97A.441 new text begin ,
subdivisions 1 to 6a, new text end or 97A.465, deleted text begin the issuing deleted text end new text begin there is no new text end fee deleted text begin is $1 deleted text end ;

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

(14) for all other licenses, permits, renewals, or applications or any other transaction
through the electronic licensing system under this chapter or any other chapter when
an issuing fee is not specified, an issuing fee of $1 may be charged at the discretion of
the authorized seller.

(b) Only one issuing fee may be collected when selling more than one stamp in the
same transaction after the end of the season for which the stamp was issued.

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

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

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

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

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

(2) for other licenses, 50 cents.

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

Sec. 24.

Minnesota Statutes 2012, section 97A.502, is amended to read:

97A.502 DEER KILLED BY MOTOR VEHICLES.

(a) Deer killed by a motor vehicle on a public road must be removed by the road
authority, as defined by section 160.02, subdivision 25, unless the driver of the motor
vehicle is allowed to possess the deer under paragraph (b). deleted text begin The commissioner of natural
resources must provide to all road authorities standard forms for statistical purposes and
the tracking of wild animals.
deleted text end

(b) The driver of a motor vehicle that has collided with and killed a deer on a public
road has priority for a possession permit for the entire deer if the facts indicate that the
deer was not taken illegally.

Sec. 25.

Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:

Subd. 3.

Remaining on land prohibited after notice.

Except as provided in
subdivision 6, a person may not remain on new text begin or return within one year to new text end any land for
outdoor recreation purposes after being deleted text begin orally told deleted text end new text begin personally notified new text end not to do so by
the owner, occupant, or lessee.

Sec. 26.

Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:

Subd. 4.

Entering posted land prohibited; signs.

(a) Except as provided in
subdivision 6, a person may not new text begin :
new text end

new text begin (1) new text end enter, for outdoor recreation purposes, any land that is posted under this
subdivision without first obtaining permission of the owner, occupant, or lessee deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) knowingly enter, for outdoor recreation purposes, any land that is posted under
this subdivision without first obtaining permission of the owner, occupant, or lessee. A
person who violates this clause is subject to the penalty provided in section 97A.315,
subdivision 1, paragraph (b).
new text end

(b) The owner, occupant, or lessee of private land, or an authorized manager of public
land may prohibit outdoor recreation on the land by posting signs once each year that:

(1) state "no trespassing" or similar terms;

(2) display letters at least two inches high;

(3) either:

(i) are signed by the owner, occupant, lessee, or authorized manager; or

(ii) include the legible name and telephone number of the owner, occupant, lessee,
or authorized manager; and

(4) either:

(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded
area where boundary lines are not clear, at intervals of 500 feet or less; or

(ii) mark the primary corners of each parcel of land and access roads and trails at
the point of entrance to each parcel of land except that corners only accessible through
agricultural land need not be posted.

(c) A person may not erect a sign that prohibits outdoor recreation or trespassing
where the person does not have a property right, title, or interest to use the land.

Sec. 27.

Minnesota Statutes 2012, section 97B.001, subdivision 7, is amended to read:

Subd. 7.

Use of firearms and taking 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 land, if the land is not a licensed shooting preserve; or

(2) on a public new text begin road new text end right-of-way.

(b) No person may deleted text begin shoot deleted text end new text begin discharge new text end a firearm within 500 feet of a stockade or corral
deleted text begin containing deleted text end new text begin confining new text end livestock new text begin for the purpose of normal commercial livestock holding
and sorting operations new text end without the permission of the owner, occupant, or lessee. For the
purposes of this paragraph, a "stockade or corral" means a fenced enclosure for deleted text begin containing
deleted text end new text begin confining new text end livestock that does not enclose an area greater than one acre.

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

Sec. 28.

Minnesota Statutes 2012, section 97B.031, subdivision 5, is amended to read:

Subd. 5.

Scopes; visually impaired hunters.

(a) Notwithstanding any other law
to the contrary, the commissioner may issue a special permit, without a fee, to use a
muzzleloader with a scope to take deer during the muzzleloader season to a person who
obtains the required licenses and who has a visual impairment. The scope may not have
magnification capabilities.

(b) The visual impairment must be to the extent that the applicant is unable
to identify targets and the rifle sights at the same time without a scope. The visual
impairment and specific conditions must be established by medical evidence verified in
writing by (1) a licensed physician or a certified nurse practitioner or certified physician
assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist;
or (3) a licensed optometrist. The commissioner may request additional information from
the physician if needed to verify the applicant's eligibility for the permit.

(c) A permit issued under this subdivision may be valid for up to five years, based
on the permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.

(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this subdivision for cause, including a violation of the game and fish laws or rules.

(f) A person who knowingly makes a false application or assists another in making
a false application for a permit under this subdivision is guilty of a misdemeanor. A
physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
optometrist who fraudulently certifies to the commissioner that a person is visually
impaired as described in this subdivision is guilty of a misdemeanor.

new text begin (g) A permit is not required under this subdivision to use an electronic range finder
according to section 97B.081, subdivision 3, paragraph (c).
new text end

Sec. 29.

Minnesota Statutes 2012, section 97B.081, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) It is not a violation of this section for a person to:

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial
light, provided that the person is:

(i) on foot;

(ii) using a shotgun;

(iii) not within a public road right-of-way;

(iv) using a handheld or electronic calling device; and

(v) not within 200 feet of a motor vehicle; or

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:

(i) on foot; and

(ii) not in possession of a firearm or bow.

(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:

(1) carry out any agricultural, safety, emergency response, normal vehicle operation,
or occupation-related activities that do not involve taking wild animals; or

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.

new text begin (c) Except as otherwise provided by the game and fish laws, it is not a violation of
this section for a person to use an electronic range finder device from one-half hour before
sunrise until sunset while lawfully hunting wild animals.
new text end

Sec. 30.

Minnesota Statutes 2012, section 97B.086, is amended to read:

97B.086 POSSESSION OF NIGHT VISION new text begin OR THERMAL IMAGING
new text end EQUIPMENT.

(a) A person may not possess night vision new text begin or thermal imaging new text end equipment while
taking wild animals or while having in possession, either individually or as one of a group
of persons, a firearm, bow, or other implement that could be used to take wild animals.

(b) This section does not apply to a firearm that is:

(1) unloaded;

(2) in a gun case expressly made to contain a firearm that fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and

(3) in the closed trunk of a motor vehicle.

(c) This section does not apply to a bow that is:

(1) completely encased or unstrung; and

(2) in the closed trunk of a motor vehicle.

(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
or bow must be placed in the rearmost location of the vehicle.

(e) This section does not apply to night vision new text begin or thermal imaging new text end equipment
possessed by peace officers or military personnel while exercising their duties.

Sec. 31.

Minnesota Statutes 2012, section 97B.095, is amended to read:

97B.095 DISTURBING new text begin AND TAKING FROM new text end BURROWS AND DENS.

new text begin Subdivision 1. new text end

new text begin Disturbing burrows or dens. new text end

A person may not disturb the burrow
or den of a wild animal between November 1 and April 1 without a permit.

new text begin Subd. 2. new text end

new text begin Fox dens. new text end

new text begin A person may not remove a fox from a den or trap fox within
300 feet of a fox den from April 1 to August 31.
new text end

new text begin Subd. 3. new text end

new text begin Raccoon dens. new text end

new text begin A person may not take a raccoon in a den or hollow tree.
new text end

Sec. 32.

new text begin [97B.099] PROHIBITED HUNTING METHODS.
new text end

new text begin Subdivision 1. new text end

new text begin Open fire or smoke. new text end

new text begin A person may not take a protected wild animal
with the aid of an open fire or smoke.
new text end

new text begin Subd. 2. new text end

new text begin Cutting trees. new text end

new text begin A person may not take a protected wild animal by cutting
down a tree occupied by a protected wild animal.
new text end

Sec. 33.

Minnesota Statutes 2012, section 97B.516, is amended to read:

97B.516 ELK MANAGEMENT PLAN.

The commissioner of natural resources must adopt an elk management plan that:

(1) recognizes the value and uniqueness of elk;

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

(3) affords optimum recreational opportunities deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (4) restricts elk to nonagricultural land in the state.
deleted text end

Sec. 34.

Minnesota Statutes 2012, section 97B.605, is amended to read:

97B.605 COMMISSIONER MAY RESTRICT TAKING OF deleted text begin CERTAIN
deleted text end SMALL GAME ANIMALS.

The commissioner may new text begin by rule set open seasons for, new text end prescribe new text begin limits and new text end restrictions
on new text begin , new text end and designate areas where deleted text begin gray and fox squirrels, cottontail and jack rabbits, snowshoe
hare, raccoon, bobcat, red fox and gray fox, fisher, pine marten, opossum, wolves, and
badger deleted text end new text begin small game as defined in section 97A.015 new text end may be taken and possessed.

Sec. 35.

Minnesota Statutes 2012, section 97B.655, subdivision 1, is amended to read:

Subdivision 1.

Owners and occupants may take certain animals.

A person may
take mink, squirrel, rabbit, hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on
land owned or occupied by the person where the animal is causing damage. The person
may take the animal without a license and in any manner except by poison, or artificial
lights in the closed season. Raccoons may be taken under this subdivision with artificial
lights during open season. A person that kills mink, raccoon, bobcat, fox, opossum,
muskrat, or beaver under this subdivision must notify a conservation officer or employee
of the new text begin Fish and new text end Wildlife Division within 24 hours after the animal is killed.

Sec. 36.

Minnesota Statutes 2012, section 97B.667, subdivision 3, is amended to read:

Subd. 3.

Permits and notice; requirements.

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

(b) A road authority or local government unit that kills or arranges to have killed a
beaver under this section must notify a conservation officer or employee of the new text begin Fish and
new text end Wildlife Division within ten days after the animal is killed.

Sec. 37.

Minnesota Statutes 2012, section 97B.667, subdivision 4, is amended to read:

Subd. 4.

Local beaver control programs.

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

(1) interfering with or damaging a public road; or

(2) causing damage, including damage to silvicultural projects and drainage ditches,
on property owned or managed by the local government unit.

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

Sec. 38.

new text begin [97B.668] CANADA GEESE CAUSING DAMAGE.
new text end

new text begin Notwithstanding sections 97B.091 and 97B.805, subdivisions 1 and 2, a person or
agent of that person on lands and nonpublic waters owned or operated by the person may
nonlethally scare, haze, chase, or harass Canada geese that are causing property damage
from March 11 to August 31. This section does not apply to public waters as defined
under section 103G.005, subdivision 15, or geese on nests unless a permit is obtained
under section 97A.401.
new text end

Sec. 39.

Minnesota Statutes 2012, section 97B.731, subdivision 1, is amended to read:

Subdivision 1.

Migratory game birds.

(a) Migratory game birds may be taken and
possessed. A person may not take, buy, sell, possess, transport, or ship migratory game
birds in violation of federal law.

(b) The commissioner shall prescribe seasons deleted text begin and deleted text end new text begin , new text end limits new text begin , and areas new text end for migratory
birds in accordance with federal law.

Sec. 40.

new text begin [97C.502] MINNOWS AND LEECHES; INVASIVE SPECIES
TRAINING REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Minnows; invasive species training required. new text end

new text begin A minnow dealer,
and each person working under the minnow dealer's license, must annually satisfactorily
complete aquatic invasive species-related training provided by the commissioner before
taking, selling, or transporting minnows within the state.
new text end

new text begin Subd. 2. new text end

new text begin Training certification required. new text end

new text begin Minnow dealers, and each person
working under the minnow dealer's license, must have a valid invasive species training
certification in possession while taking, selling, or transporting minnows within the state.
A person who only sells minnows for the licensed minnow dealer at a retail location is not
required to have a training certification.
new text end

new text begin Subd. 3. new text end

new text begin Leeches; invasive species training required. new text end

new text begin A resident under age 18
must annually satisfactorily complete aquatic invasive species-related training provided
by the commissioner before taking, selling, or transporting leeches within the state.
A resident under age 18 must have a valid invasive species training certification in
possession while taking, selling, or transporting leeches within the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2015.
new text end

Sec. 41.

Minnesota Statutes 2012, section 97C.821, is amended to read:

97C.821 POSSESSION, SALE, AND TRANSPORTATION OF
COMMERCIAL FISH.

new text begin Subdivision 1. new text end

new text begin Transporting and holding commercial fish. new text end

Subject to the
applicable provisions of the game and fish laws, fish taken under commercial fishing
licenses may be possessed in any quantity, bought, sold, and transported at any time.
Commercial fishing licensees may transport their catch live to holding facilities, if the
licensee has exclusive control of the facilities. new text begin Licensees must annually provide the legal
description and verification of exclusive control on forms provided by the commissioner
with the license application. new text end Commercial fishing licensees may harvest fish from their
holding facilities at any time with their licensed gear. The commissioner may prohibit the
transport of live fish taken under a commercial fishing license from waters that contain
nonnative species, are designated as infested waters, or are infected with any certifiable
disease.

new text begin Subd. 2. new text end

new text begin Invasive species permit certification. new text end

new text begin (a) A commercial fishing licensee,
and each apprentice working under the licensee's commercial fishing license, must
annually complete invasive species training provided by the commissioner and pass an
examination to qualify to take, sell, or transport commercial fish within the state.
new text end

new text begin (b) A commercial fishing licensee, and each apprentice working under the licensee's
commercial fishing license, must have a valid invasive species training certification in
possession while taking, selling, or transporting commercial fish within the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2015.
new text end

Sec. 42.

Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended by
Laws 2009, chapter 37, article 1, section 61, is amended to read:

Subd. 7. Fish and Wildlife Management

123,000

119,000

Appropriations by Fund
General	-0-	(427,000)
Game and Fish	123,000	546,000

$329,000 in 2009 is a reduction for fish and
wildlife management.

$46,000 in 2009 is a reduction in the
appropriation for the Minnesota Shooting
Sports Education Center.

$52,000 in 2009 is a reduction for licensing.

$123,000 in 2008 and $246,000 in 2009 are
from the game and fish fund to implement
fish virus surveillance, prepare infrastructure
to handle possible outbreaks, and implement
control procedures for highest risk waters
and fish production operations. This is a
onetime appropriation.

Notwithstanding Minnesota Statutes, section
297A.94, paragraph (e), $300,000 in 2009
is from the second year appropriation in
Laws 2007, chapter 57, article 1, section 4,
subdivision 7, from the heritage enhancement
account in the game and fish fund to deleted text begin study,
deleted text end new text begin complete new text end predesign deleted text begin , deleted text end and design deleted text begin a deleted text end new text begin of
new text end shooting sports deleted text begin facility in the seven-county
metropolitan area deleted text end new text begin facilities new text end . new text begin Funding may
also be used to establish basic hunter
education/firearms safety ranges and archery
ranges on public properties. new text end This is available
onetime only and is available until expended.

$300,000 in 2009 is appropriated from the
game and fish fund for only activities that
improve, enhance, or protect fish and wildlife
resources. This is a onetime appropriation.

Sec. 43. new text begin REFUNDS; LIFETIME LICENSES.
new text end

new text begin On or after the effective date of sections 17 to 20, the commissioner of natural
resources may issue refunds for the difference of the price of lifetime licenses purchased
between March 1, 2013, and the effective date of sections 17 to 20.
new text end

Sec. 44. new text begin GRAY PARTRIDGE BAG LIMIT; RULEMAKING.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6234.0500, by adding a new subpart to read: "A person may not take more than five gray
partridge per day or possess more than ten gray partridge at a time."
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 in Minnesota Statutes, section
14.388.
new text end

Sec. 45. new text begin RULEMAKING; SNOWMOBILE OPERATION DURING FIREARMS
DEER SEASON.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6232.0300, subpart 7, item C, by deleting "Legal use of snowmobiles during the open deer
season is governed by part 6100.5100."
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. 46. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall delete the terms "conibear-type" and "'conibear' type"
wherever they appear in Minnesota Statutes and Minnesota Rules and make conforming
grammatical changes.
new text end

new text begin (b) The revisor of statutes shall delete the range reference "84A.01 to 84A.11" and
insert "84A.01 to 84A.101" wherever it appears in Minnesota Statutes.
new text end

Sec. 47. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11;
97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611;
97B.615; 97B.621, subdivisions 1 and 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715,
subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; and 97C.827,
new text end new text begin and new text end new text begin Minnesota Rules, part 6100.5100, new text end new text begin are repealed.
new text end