HF 928

1st Unofficial Engrossment - 81st Legislature (1999 - 2000)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to natural resources; exempting trappers from 
  1.3             blaze orange requirements; providing that for certain 
  1.4             turkey license applicants qualifying land may be 
  1.5             noncontiguous; increasing hunting and fishing license 
  1.6             fees; allowing elk shooting preserves; establishing 
  1.7             special deer license for agricultural landowners; 
  1.8             establishing a new license category for taking one 
  1.9             deer by archery and one by firearm; allowing a 45 
  1.10            magnum for taking big game; modifying archery bow 
  1.11            transportation requirements; extending the special 
  1.12            two-deer season in certain counties; appropriating 
  1.13            money; amending Minnesota Statutes 1998, sections 
  1.14            17.452, subdivisions 5 and 8; 97A.435, subdivision 4; 
  1.15            97A.441, by adding a subdivision; 97A.475, 
  1.16            subdivisions 2, 3, 6, 7, 8, 11, 12, 13, and 20; 
  1.17            97A.485, subdivision 12; 97B.031, subdivision 1; 
  1.18            97B.051; and 97B.071; Laws 1993, chapter 273, section 
  1.19            1, as amended; proposing coding for new law in 
  1.20            Minnesota Statutes, chapter 17. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1998, section 17.452, 
  1.23  subdivision 5, is amended to read: 
  1.24     Subd. 5.  [RAISING FARMED CERVIDAE IS AN AGRICULTURAL 
  1.25  PURSUIT.] Raising farmed cervidae is agricultural production and 
  1.26  an agricultural pursuit, which may include the sale of farmed 
  1.27  cervidae to a person for personal consumption.  Personal 
  1.28  consumption may include the harvesting of farmed elk by firearms 
  1.29  or archery on a licensed shooting preserve. 
  1.30     Sec. 2.  Minnesota Statutes 1998, section 17.452, 
  1.31  subdivision 8, is amended to read: 
  1.32     Subd. 8.  [SLAUGHTER.] Farmed cervidae that are to be sold 
  1.33  for commercial meat purposes must be slaughtered and inspected 
  2.1   in accordance with the United States Department of Agriculture 
  2.2   voluntary program for exotic animals, Code of Federal 
  2.3   Regulations, title 9, part 352. 
  2.4      Sec. 3.  [17.4521] [ELK SHOOTING PRESERVES.] 
  2.5      Subdivision 1.  [FEES FOR SHOOTING PRESERVES.] (a) The fee 
  2.6   for an elk shooting preserve license is $900 annually and will 
  2.7   be deposited in the game and fish fund. 
  2.8      (b) Shooting preserve licenses issued under this 
  2.9   subdivision expire on the last day of March. 
  2.10     Subd. 2.  [SHOOTING PRESERVE APPLICATION.] The commissioner 
  2.11  may license up to ten elk shooting preserves in the state.  An 
  2.12  application for an elk shooting preserve license must be filed 
  2.13  with the commissioner.  The application must include a legal 
  2.14  description of the shooting preserve land, number of acres, 
  2.15  species to be harvested, and other necessary information 
  2.16  prescribed by the commissioner. 
  2.17     Subd. 3.  [GAME AVAILABLE.] Game that may be released and 
  2.18  harvested in a licensed elk shooting preserve must be specified 
  2.19  in the license and are limited to species raised as farmed elk 
  2.20  under sections 17.451 and 17.452.  Only farmed elk from herds in 
  2.21  the accredited program of the board of animal health may be 
  2.22  transported to and released in a licensed elk shooting preserve. 
  2.23     Subd. 4.  [LOCATION; SIZE OF PRESERVE.] A shooting preserve 
  2.24  must be separated from any farmed elk breeding pens or 
  2.25  pastures.  A shooting preserve must be contiguous and contain at 
  2.26  least 320 acres but no more than 960 acres, including any water 
  2.27  area, and must have areas of cover to provide for concealment of 
  2.28  the elk sufficient to prevent the elk from being visible in all 
  2.29  parts of the preserve at one time and must afford elk the chance 
  2.30  of escape from pursuit by patrons of the shooting preserve. 
  2.31     Subd. 5.  [POSTING OF BOUNDARIES.] The boundaries of a 
  2.32  shooting preserve must be clearly posted in a manner prescribed 
  2.33  by the commissioner.  The operator must post signs around the 
  2.34  entire perimeter of the preserve at intervals not to exceed 500 
  2.35  feet. 
  2.36     Subd. 6.  [FENCING AND ENCLOSURES.] All perimeter fencing 
  3.1   must be paid for and maintained by the licensee and comply with 
  3.2   farmed elk requirements in section 17.452. 
  3.3      Subd. 7.  [REMOVAL OF ALL WILD CERVIDAE.] To the extent 
  3.4   practicable, all wild cervidae must be removed from the shooting 
  3.5   preserve property at the owner's expense prior to final issuance 
  3.6   of the shooting preserve license.  After the owner's removal 
  3.7   efforts are completed, the commissioner shall determine the 
  3.8   number and type of wild cervidae remaining on the shooting 
  3.9   preserve property.  The shooting preserve operator shall pay the 
  3.10  restitution value, adopted under section 97A.345, for each wild 
  3.11  cervidae remaining on the shooting preserve property.  Money 
  3.12  received under this subdivision shall be credited to the game 
  3.13  and fish fund.  
  3.14     Subd. 8.  [REVOCATION OF LICENSE.] The commissioner may 
  3.15  revoke a shooting preserve license if the licensee or persons 
  3.16  authorized to harvest in the shooting preserve have been 
  3.17  convicted of a violation under this section.  After revocation, 
  3.18  a new license may be issued at the discretion of the 
  3.19  commissioner. 
  3.20     Subd. 9.  [HUNTING LICENSE NOT REQUIRED.] A hunting license 
  3.21  is not required to harvest authorized species of elk on a 
  3.22  licensed shooting preserve. 
  3.23     Subd. 10.  [SEASON.] (a) The open season for harvesting in 
  3.24  a shooting preserve is August 15 through March 31. 
  3.25     (b) The commissioner may restrict the open season after 
  3.26  receiving a complaint, holding a public hearing, and finding 
  3.27  that the population of a particular species of wild elk is 
  3.28  harmed by harvesting in the shooting preserve. 
  3.29     Subd. 11.  [WEAPONS LIMITATIONS.] A person may harvest 
  3.30  farmed elk on a shooting preserve by archery or firearms 
  3.31  authorized by law to take wild elk in the same area. 
  3.32     Subd. 12.  [LICENSEE MAY ESTABLISH RESTRICTIONS.] A 
  3.33  shooting preserve licensee is responsible for determining who is 
  3.34  allowed to harvest in the preserve.  In each preserve, the 
  3.35  licensee may establish the charge for harvesting elk, the 
  3.36  shooting hours, the season, weapon limitations, and restrictions 
  4.1   on the age, sex, and number of each species that may be 
  4.2   harvested.  These provisions may not conflict with this section 
  4.3   and may not be less restrictive than any rule. 
  4.4      Subd. 13.  [IDENTIFICATION AND MARKING OF ELK.] All elk 
  4.5   must be identified by permanent tattoo, electronic implant, or 
  4.6   other means of identification that comply with section 17.452. 
  4.7      Subd. 14.  [MARKING HARVESTED ELK.] Harvested elk must be 
  4.8   marked in accordance with or identified by the shooting preserve 
  4.9   operator in a manner prescribed by the commissioner.  The 
  4.10  commissioner may issue the tags or other markings at a cost not 
  4.11  to exceed $2 each.  The marking must remain attached on the elk 
  4.12  while the elk is transported. 
  4.13     Subd. 15.  [RECORDKEEPING.] A shooting preserve must 
  4.14  maintain a registration book listing the names, addresses, and 
  4.15  hunting license numbers, if applicable, of all patrons of the 
  4.16  shooting preserve, the date when they harvested, the amount and 
  4.17  species of elk taken, and the tag numbers or other markings 
  4.18  affixed to each animal.  A shooting preserve must keep records 
  4.19  of the number of each species raised and purchased and the date 
  4.20  and number of each species released.  An annual report shall be 
  4.21  made to the commissioner by the date herd registration is 
  4.22  required.  The records must be open to inspection by the 
  4.23  commissioner at all reasonable times. 
  4.24     Sec. 4.  Minnesota Statutes 1998, section 97A.435, 
  4.25  subdivision 4, is amended to read: 
  4.26     Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  4.27  The commissioner may conduct a separate selection for up to 20 
  4.28  percent of the turkey licenses to be issued for any area.  Only 
  4.29  persons that are owners or tenants of and that live on at least 
  4.30  40 acres of agricultural or grazing land in the area, and their 
  4.31  family members, are eligible applicants for turkey licenses for 
  4.32  the separate selection.  Persons that are unsuccessful in a 
  4.33  separate selection must be included in the selection for the 
  4.34  remaining licenses.  Persons that obtain a license in a separate 
  4.35  selection must allow public turkey hunting on their land during 
  4.36  that turkey season.  The qualifying agricultural or grazing land 
  5.1   may be noncontiguous.  
  5.2      (b) The commissioner may by rule establish criteria for 
  5.3   determining eligible family members under this subdivision. 
  5.4      Sec. 5.  Minnesota Statutes 1998, section 97A.441, is 
  5.5   amended by adding a subdivision to read: 
  5.6      Subd. 7a.  [SPECIAL LICENSE FOR AGRICULTURAL 
  5.7   LANDOWNERS.] (a) The commissioner shall issue, without a fee, a 
  5.8   license to take a deer of either sex to a person who is an owner 
  5.9   or tenant and is living and actively farming on at least 80 
  5.10  acres of agricultural land, as defined in section 97B.001, in 
  5.11  deer permit areas that have deer archery licenses to take 
  5.12  additional deer under section 97B.301, subdivision 4.  A person 
  5.13  may receive only one license per year under this subdivision.  
  5.14  For properties with co-owners or co-tenants, only one co-owner 
  5.15  or co-tenant may receive a license under this subdivision per 
  5.16  year.  The license issued under this subdivision is restricted 
  5.17  to the land owned or leased by the holder of the license within 
  5.18  the permit area where the qualifying land is located.  The 
  5.19  holder of the license may transfer the license to the holder's 
  5.20  spouse or dependent.  Notwithstanding sections 97A.415, 
  5.21  subdivision 1, and 97B.301, subdivision 2, the holder of the 
  5.22  license may purchase an additional license for taking deer and 
  5.23  may take an additional deer under that license. 
  5.24     (b) A person who obtains a license under paragraph (a) must 
  5.25  allow public deer hunting on their land during that deer hunting 
  5.26  season, with the exception of the first Saturday and Sunday 
  5.27  during the deer hunting season applicable to the license issued 
  5.28  under section 97A.475, subdivision 2, clause (4). 
  5.29     Sec. 6.  Minnesota Statutes 1998, section 97A.475, 
  5.30  subdivision 2, is amended to read: 
  5.31     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
  5.32  licenses, to be issued to residents only, are: 
  5.33     (1) for persons under age 65 to take small game, $10 $12; 
  5.34     (2) for persons age 65 or over, $5 $6; 
  5.35     (3) to take turkey, $16 $18; 
  5.36     (4) to take deer with firearms, $22 $25; 
  6.1      (5) to take deer by archery, $22 $25; 
  6.2      (6) to take one antlered deer by firearms and one antlered 
  6.3   deer by archery, $50; 
  6.4      (6) (7) to take moose, for a party of not more than six 
  6.5   persons, $275 $310; 
  6.6      (7) (8) to take bear, $33 $38; 
  6.7      (8) (9) to take elk, for a party of not more than two 
  6.8   persons, $220 $250; 
  6.9      (9) (10) to take antlered deer in more than one zone, 
  6.10  $44 $50; and 
  6.11     (10) (11) to take Canada geese during a special season, 
  6.12  $3 $4.  
  6.13     Sec. 7.  Minnesota Statutes 1998, section 97A.475, 
  6.14  subdivision 3, is amended to read: 
  6.15     Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
  6.16  licenses, to be issued to nonresidents, are: 
  6.17     (1) to take small game, $56 $73; 
  6.18     (2) to take deer with firearms, $110 $125; 
  6.19     (3) to take deer by archery, $110 $125; 
  6.20     (4) to take bear, $165 $195; 
  6.21     (5) to take turkey, $56 $73; 
  6.22     (6) to take raccoon, bobcat, fox, coyote, or 
  6.23  lynx, $137.50 $155; 
  6.24     (7) to take antlered deer in more than one zone, $220 $250; 
  6.25  and 
  6.26     (8) to take Canada geese during a special season, $3 $4. 
  6.27     Sec. 8.  Minnesota Statutes 1998, section 97A.475, 
  6.28  subdivision 6, is amended to read: 
  6.29     Subd. 6.  [RESIDENT FISHING.] Fees for the following 
  6.30  licenses, to be issued to residents only, are: 
  6.31     (1) to take fish by angling, for persons under age 
  6.32  65, $15 $16; 
  6.33     (2) to take fish by angling, for persons age 65 and over, 
  6.34  $5.50 $6.50; 
  6.35     (3) to take fish by angling, for a combined license for a 
  6.36  married couple, $20.50 $25; 
  7.1      (4) to take fish by spearing from a dark house, $15 $16; 
  7.2   and 
  7.3      (5) to take fish by angling for a 24-hour period selected 
  7.4   by the licensee, $8 $8.50. 
  7.5      Sec. 9.  Minnesota Statutes 1998, section 97A.475, 
  7.6   subdivision 7, is amended to read: 
  7.7      Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
  7.8   licenses, to be issued to nonresidents, are: 
  7.9      (1) to take fish by angling, $31 $34; 
  7.10     (2) to take fish by angling limited to seven consecutive 
  7.11  days selected by the licensee, $21.50 $24; 
  7.12     (3) to take fish by angling for a 72-hour period selected 
  7.13  by the licensee, $18 $20; 
  7.14     (4) to take fish by angling for a combined license for a 
  7.15  family, $41.50 $46; 
  7.16     (5) to take fish by angling for a 24-hour period selected 
  7.17  by the licensee, $8 $8.50; and 
  7.18     (6) to take fish by angling for a combined license for a 
  7.19  married couple, limited to 14 consecutive days selected by one 
  7.20  of the licensees, $32 $35. 
  7.21     Sec. 10.  Minnesota Statutes 1998, section 97A.475, 
  7.22  subdivision 8, is amended to read: 
  7.23     Subd. 8.  [MINNESOTA SPORTING.] The commissioner shall 
  7.24  issue Minnesota sporting licenses to residents only.  The 
  7.25  licensee may take fish by angling and small game.  The fee for 
  7.26  the license is:  
  7.27     (1) for an individual, $20 $23; and 
  7.28     (2) for a combined license for a married couple to take 
  7.29  fish and for one spouse to take small game, $27.50 $32.  
  7.30     Sec. 11.  Minnesota Statutes 1998, section 97A.475, 
  7.31  subdivision 11, is amended to read: 
  7.32     Subd. 11.  [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 
  7.33  for the following licenses are: 
  7.34     (1) for a fish house or dark house that is not 
  7.35  rented, $10 $11.50; and 
  7.36     (2) for a fish house or dark house that is rented, $23 $26. 
  8.1      Sec. 12.  Minnesota Statutes 1998, section 97A.475, 
  8.2   subdivision 12, is amended to read: 
  8.3      Subd. 12.  [FISH HOUSES; NONRESIDENT.] Fees for fish house 
  8.4   licenses for a nonresident are:  
  8.5      (1) annual, $31.50 $33; and 
  8.6      (2) seven consecutive days, $18.50 $19. 
  8.7      Sec. 13.  Minnesota Statutes 1998, section 97A.475, 
  8.8   subdivision 13, is amended to read: 
  8.9      Subd. 13.  [NETTING WHITEFISH AND CISCOES FOR PERSONAL 
  8.10  CONSUMPTION.] The fee for a license to net whitefish and ciscoes 
  8.11  in inland lakes and international waters for personal 
  8.12  consumption is, for each net, $9 $10. 
  8.13     Sec. 14.  Minnesota Statutes 1998, section 97A.475, 
  8.14  subdivision 20, is amended to read: 
  8.15     Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
  8.16  trap fur-bearing animals is: 
  8.17     (1) for persons over age 13 and under age 18, $5.50 $6; and 
  8.18     (2) for persons age 18 and older, $18 $20.  
  8.19     Sec. 15.  Minnesota Statutes 1998, section 97A.485, 
  8.20  subdivision 12, is amended to read: 
  8.21     Subd. 12.  [YOUTH DEER LICENSE.] The commissioner may, for 
  8.22  a fee of $5 $5.50, issue to a resident under the age of 16 a 
  8.23  license, without a tag, to take deer with firearms.  A youth 
  8.24  holding a license issued under this subdivision may hunt under 
  8.25  the license only if accompanied by a licensed hunter who is at 
  8.26  least 18 years of age and possesses a valid tag.  A deer taken 
  8.27  by a youth holding a license issued under this subdivision must 
  8.28  be promptly tagged by the licensed hunter accompanying the 
  8.29  youth.  Section 97B.301, subdivision 6, does not apply to a 
  8.30  youth holding a license issued under this subdivision. 
  8.31     Sec. 16.  Minnesota Statutes 1998, section 97B.031, 
  8.32  subdivision 1, is amended to read: 
  8.33     Subdivision 1.  [FIREARMS AND AMMUNITION THAT MAY BE USED 
  8.34  TO TAKE BIG GAME.] (a) A person may take big game with a firearm 
  8.35  only if:  
  8.36     (1) the rifle, shotgun, and handgun used is a caliber of at 
  9.1   least .23 inches; 
  9.2      (2) the firearm is loaded only with single projectile 
  9.3   ammunition; 
  9.4      (3) a projectile used is a caliber of at least .23 inches 
  9.5   and has a soft point or is an expanding bullet type; 
  9.6      (4) the ammunition has a case length of at least 1.285 
  9.7   inches; 
  9.8      (5) the muzzle-loader used is incapable of being loaded at 
  9.9   the breech; 
  9.10     (6) the smooth-bore muzzle-loader used is a caliber of at 
  9.11  least .45 inches; and 
  9.12     (7) the rifled muzzle-loader used is a caliber of at least 
  9.13  .40 inches. 
  9.14     (b) A person may not take big game with a .30 caliber M-1 
  9.15  carbine cartridge.  
  9.16     (c) Notwithstanding paragraph (a), clause (4), a person may 
  9.17  take big game with a ten millimeter cartridge that is at least 
  9.18  0.95 inches in length and may take big game with a .45 
  9.19  Winchester Magnum cartridge. 
  9.20     Sec. 17.  Minnesota Statutes 1998, section 97B.051, is 
  9.21  amended to read: 
  9.22     97B.051 [TRANSPORTATION OF ARCHERY BOWS.] 
  9.23     A person may not transport an archery bow in a motor 
  9.24  vehicle unless the bow is:  
  9.25     (1) unstrung; 
  9.26     (2) completely contained in a case; or 
  9.27     (3) in the closed trunk or rear-most enclosed portion of a 
  9.28  motor vehicle that is not accessible from the passenger 
  9.29  compartment. 
  9.30     Sec. 18.  Minnesota Statutes 1998, section 97B.071, is 
  9.31  amended to read: 
  9.32     97B.071 [BLAZE ORANGE REQUIREMENTS.] 
  9.33     (a) Except as provided in rules adopted under paragraph 
  9.34  (c), a person may not hunt or trap during the open season where 
  9.35  deer may be taken by firearms under applicable laws and 
  9.36  ordinances, unless the visible portion of the person's cap and 
 10.1   outer clothing above the waist, excluding sleeves and gloves, is 
 10.2   blaze orange.  Blaze orange includes a camouflage pattern of at 
 10.3   least 50 percent blaze orange within each foot square.  This 
 10.4   section does not apply to migratory waterfowl hunters on waters 
 10.5   of this state or in a stationary shooting location or to 
 10.6   trappers on waters of this state. 
 10.7      (b) Except as provided in rules adopted under paragraph 
 10.8   (c), and in addition to the requirement in paragraph (a), a 
 10.9   person may not take small game other than turkey, migratory 
 10.10  birds, raccoons, and predators, except when hunting with 
 10.11  nontoxic shot or while trapping, unless a visible portion of at 
 10.12  least one article of the person's clothing above the waist is 
 10.13  blaze orange.  This paragraph does not apply to a person hunting 
 10.14  by falconry.  
 10.15     (c) The commissioner may, by rule, prescribe an alternative 
 10.16  color in cases where paragraph (a) or (b) would violate the 
 10.17  Religious Freedom Restoration Act of 1993, Public Law Number 
 10.18  103-141. 
 10.19     (d) A violation of paragraph (b) shall not result in a 
 10.20  penalty, but is punishable only by a safety warning. 
 10.21     Sec. 19.  Laws 1993, chapter 273, section 1, as amended by 
 10.22  Laws 1994, chapter 623, article 1, section 41, Laws 1995, 
 10.23  chapter 186, section 110, and Laws 1997, chapter 226, section 
 10.24  45, is amended to read: 
 10.25     Section 1.  [AUTHORIZATION TO TAKE TWO DEER IN CERTAIN 
 10.26  COUNTIES.] 
 10.27     Notwithstanding Minnesota Statutes, section 97B.301, 
 10.28  subdivision 2, during the 1997 1999 and 1998 2000 hunting 
 10.29  seasons in Kittson, Lake of the Woods, Marshall, Pennington, and 
 10.30  Roseau counties a person may obtain one firearms deer license 
 10.31  and one archery deer license in the same license year and may 
 10.32  take one deer under each license. 
 10.33     Sec. 20.  [APPROPRIATION.] 
 10.34     $4,100,000 in fiscal year 2000 and $4,100,000 in fiscal 
 10.35  year 2001 is appropriated from the game and fish fund to the 
 10.36  commissioner of natural resources for field operation costs 
 11.1   associated with the division of fish and wildlife.  Eighty-five 
 11.2   percent of this appropriation must be used for regional field 
 11.3   operations.  The commissioner must provide a report by February 
 11.4   1, 2000, to the legislative finance committees on natural 
 11.5   resources on how and where the money for regional field 
 11.6   operations has been spent. 
 11.7      Sec. 21.  [EFFECTIVE DATE.] 
 11.8      Sections 5 to 14 are effective on March 1, 2000.