1.1 	A bill for an act
1.2 	relating to game and fish; modifying definitions; providing for and modifying 
1.3 	certain fees; modifying provisions for taking animals causing damage; 
1.4 	modifying license and stamp provisions; modifying certain possession and 
1.5 	taking restrictions; providing for an apprentice hunter validation; modifying 
1.6 	commercial fishing provisions; providing for a crossbow deer season; requiring 
1.7 	reports; requiring rulemaking; providing criminal and civil penalties;amending 
1.8 	Minnesota Statutes 2006, sections 97A.015, subdivision 24, by adding a 
1.9 	subdivision; 97A.045, by adding a subdivision; 97A.401, subdivision 5; 
1.10 	97A.405, subdivisions 2, 4; 97A.421, by adding a subdivision; 97A.441, 
1.11 	subdivision 7; 97A.451, subdivisions 3, 3a; 97A.465, by adding a subdivision; 
1.12 	97A.473, subdivisions 3, 5; 97A.475, subdivisions 2, 3, 6; 97A.505, subdivision 
1.13 	4; 97A.511; 97B.015, by adding a subdivision; 97B.020; 97B.031, subdivision 1; 
1.14 	97B.035, by adding a subdivision; 97B.075; 97B.085, subdivision 3; 97B.301, 
1.15 	subdivision 7; 97B.311; 97B.318, subdivision 1; 97B.327; 97B.715, subdivision 
1.16 	1; 97B.801; 97B.928, subdivision 1; 97C.081, subdivision 3; 97C.325; 97C.335; 
1.17 	97C.355, subdivision 8; 97C.371, by adding a subdivision; 97C.835, subdivisions 
1.18 	1, 2, 3, 8; proposing coding for new law in Minnesota Statutes, chapters 97B; 
1.19 	97C; repealing Minnesota Statutes 2006, sections 97A.475, subdivision 38; 
1.20 	97C.301, subdivision 3; 97C.365.
1.21 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22 	Section 1. Minnesota Statutes 2006, section 97A.015, is amended by adding a 
1.23 	subdivision to read:
1.24 		Subd. 26c.Immediately released or immediately returned to the water.
 1.25 	"Immediately released" or "immediately returned to the water" means that a fish must not 
1.26 	be retained longer than is needed at the site of capture to unhook, identify, measure, or 
1.27 	photograph the fish. Placing a fish on a stringer, in a live well, or in a cooler, bucket, or 
1.28 	other container is not "immediately released" or "immediately returned to the water."

1.29 	Sec. 2. Minnesota Statutes 2006, section 97A.015, subdivision 24, is amended to read:
2.1 		Subd. 24.Game birds. "Game birds" means migratory waterfowl, ring-necked 
2.2 	pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, 
2.3 	gray partridge, bob-white quail, wild turkeys, coots, gallinules, sora and Virginia rails, 
2.4 	mourning dove, American woodcock, and common snipe.

2.5 	Sec. 3. Minnesota Statutes 2006, section 97A.045, is amended by adding a subdivision 
2.6 	to read:
2.7 		Subd. 12.Establishing fees. Notwithstanding section 16A.1283, the commissioner 
2.8 	may, by written order published in the State Register, establish fees providing for the use 
2.9 	of state wildlife management area or aquatic management area lands for specific purposes, 
2.10 	including dog trials; special events; and commercial uses. The fees must be set in an 
2.11 	amount that neither significantly overrecovers nor underrecovers costs. The fees are not 
2.12 	subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

2.13 	Sec. 4. Minnesota Statutes 2006, section 97A.401, subdivision 5, is amended to read:
2.14 		Subd. 5.Wild animals damaging property. Special permits may be issued with 
2.15 	or without a fee to take protected wild animals that are damaging property or to remove 
2.16 	or destroy their dens, nests, eggs, houses, or dams for the purpose of preventing or 
2.17 	reducing damage or injury to people, property, agricultural crops, or other interests. The 
2.18 	commissioner may prescribe rules for taking Canada geese and their nests and eggs, with 
2.19 	or without a permit, consistent with federal regulations. A special permit issued under this 
2.20 	subdivision to take beaver must state the number to be taken.

2.21 	Sec. 5. Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:
2.22 		Subd. 2.Personal possession. (a) A person acting under a license or traveling from 
2.23 	an area where a licensed activity was performed must have in personal possession either: 
2.24 	(1) the proper license, if the license has been issued to and received by the person; or (2) 
2.25 	the proper license identification number or stamp validation, if the license has been sold to 
2.26 	the person by electronic means but the actual license has not been issued and received.
2.27 	(b) If possession of a license or a license identification number is required, a person 
2.28 	must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 
2.29 	license if the license has been issued to and received by the person; or (2) the proper 
2.30 	license identification number or stamp validation and a valid state driver's license, state 
2.31 	identification card, or other form of identification provided by the commissioner, if the 
2.32 	license has been sold to the person by electronic means but the actual license has not 
2.33 	been issued and received.
3.1 	(c) If the actual license has been issued and received, a receipt for license fees, a 
3.2 	copy of a license, or evidence showing the issuance of a license, including the license 
3.3 	identification number or stamp validation, does not entitle a licensee to exercise the rights 
3.4 	or privileges conferred by a license.
3.5 	(d) A license or stamp issued electronically and not immediately provided to the 
3.6 	licensee shall be mailed to the licensee within 30 days of purchase of the license or stamp 
3.7 	validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp. A 
3.8 	pictorial turkey stamp or a pictorial, migratory waterfowl, pheasant, or trout and salmon 
3.9 	stamp shall be mailed provided to the licensee after purchase of a license or stamp 
3.10 	validation only if the licensee pays an additional $2 fee.

3.11 	Sec. 6. Minnesota Statutes 2006, section 97A.405, subdivision 4, is amended to read:
3.12 		Subd. 4.Replacement licenses. (a) The commissioner may permit licensed deer 
3.13 	hunters to change zone, license, or season options. The commissioner may issue a 
3.14 	replacement license if the applicant submits the original deer license and unused tags that 
3.15 	are being replaced and the applicant pays any increase in cost between the original and 
3.16 	the replacement license. A refund of the difference in fees may be issued when a person 
3.17 	changes from a regular deer license to a youth deer license. When a person submits both 
3.18 	an archery and a firearms license for replacement, the commissioner may apply the value 
3.19 	of both licenses towards the replacement license fee.
3.20 	(b) A replacement license may be issued only if the applicant has not used any tag 
3.21 	from the original license or licenses and meets the conditions of paragraph (c). The original 
3.22 	license or licenses and all unused tags for that licensefor the licenses being replaced must 
3.23 	be submitted to the issuing agent at the time the replacement license is issued.
3.24 	(c) A replacement license may be issued under the following conditions, or as 
3.25 	otherwise prescribed by rule of the commissioner:
3.26 	(1) when the season for the license being surrendered has not yet opened; or
3.27 	(2) when the person is upgrading from a regular firearms or archery deer license to 
3.28 	a multizone or an all season deer license.;
3.29 	(3) when the person is upgrading from a regular firearms license to a multizone 
3.30 	deer license; or
3.31 	(4) when the person is changing from a regular firearms deer license to a youth 
3.32 	deer license.
3.33 	(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid 
3.34 	immediately upon issuance if the license being surrendered is valid at that time.

4.1 	Sec. 7. Minnesota Statutes 2006, section 97A.421, is amended by adding a subdivision 
4.2 	to read:
4.3 		Subd. 7.Taking wild animals while privileges are suspended. A person who 
4.4 	takes a protected wild animal during the time the person is prohibited from obtaining a 
4.5 	license to take that animal under this section is guilty of a misdemeanor.

4.6 	Sec. 8. Minnesota Statutes 2006, section 97A.441, subdivision 7, is amended to read:
4.7 		Subd. 7.Owners or tenants of agricultural land. (a) The commissioner may 
4.8 	issue, without a fee, a license to take an antlerless deer to a person who is an owner or 
4.9 	tenant and is living and actively farming onof at least 80 acres of agricultural land, as 
4.10 	defined in section 97B.001, in deer permit areas that have deer archery licenses to take 
4.11 	additional deer under section 97B.301, subdivision 4. A person may receive only one 
4.12 	license per year under this subdivision. For properties with co-owners or cotenants, only 
4.13 	one co-owner or cotenant may receive a license under this subdivision per year. The 
4.14 	license issued under this subdivision is restricted to land leased for agricultural purposes 
4.15 	or owned by the holder of the license within the permit area where the qualifying land 
4.16 	is located. The holder of the license may transfer the license to the holder's spouse or 
4.17 	dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 
4.18 	2, the holder of the license may purchase an additional license for taking deer and may 
4.19 	take an additional deer under that license.
4.20 	(b) A person who obtains a license under paragraph (a) must allow public deer 
4.21 	hunting on their land during that deer hunting season, with the exception of the first 
4.22 	Saturday and Sunday during the deer hunting season applicable to the license issued under 
4.23 	section 97A.475, subdivision 2, clauses (4) and (13).

4.24 	Sec. 9. Minnesota Statutes 2006, section 97A.451, subdivision 3, is amended to read:
4.25 		Subd. 3.Residents under age 16; small game. (a) A resident under age 16 may 
4.26 	not obtain a small game license but may take small game by firearms or bow and arrow 
4.27 	without a license if the resident is:
4.28 	(1) age 14 or 15 and possesses a firearms safety certificate;
4.29 	(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent 
4.30 	or guardian; or
4.31 	(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied 
4.32 	by a parent or guardian who possesses a small game license that was not obtained using an 
4.33 	apprentice hunter validation; or
4.34 	(3) (4) age 12 or under and is accompanied by a parent or guardian.
5.1 	(b) A resident under age 16 may take small game by trapping without a small game 
5.2 	license, but a resident 13 years of age or older must have a trapping license. A resident 
5.3 	under age 13 may trap without a trapping license, but may not register fisher, otter, 
5.4 	bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat, 
5.5 	or pine marten taken by a resident under age five must be included in the limit of the 
5.6 	accompanying parent or guardian.
5.7 	(c) A resident under age 12 may apply for a turkey license and may take a turkey 
5.8 	without a firearms safety certificate if the resident is accompanied by an adult parent or 
5.9 	guardian who has a firearms safety certificate.

5.10 	Sec. 10. Minnesota Statutes 2006, section 97A.451, subdivision 3a, is amended to read:
5.11 		Subd. 3a.Nonresidents under age 16 18; small game. (a) A nonresident under 
5.12 	age 16 18 may obtain a small game license at the resident fee under section 97A.475, 
5.13 	subdivision 2, clause (2), if the nonresident:
5.14 	(1) possesses a firearms safety certificate; or
5.15 	(2) if age 13 or under, is accompanied by a parent or guardian when purchasing 
5.16 	the license.
5.17 	(b) A nonresident age 13 or under must be accompanied by a parent or guardian 
5.18 	to take small game. A nonresident age 12 or under is not required to possess a firearms 
5.19 	safety certificate under section 97B.020 to take small game. 

5.20 	Sec. 11. Minnesota Statutes 2006, section 97A.465, is amended by adding a 
5.21 	subdivision to read:
5.22 		Subd. 1a.Spouses of residents on active military duty. Notwithstanding section 
5.23 	97A.405, subdivision 5, the spouse of a resident who is on active military duty may obtain 
5.24 	resident hunting and fishing licenses.

5.25 	Sec. 12. Minnesota Statutes 2006, section 97A.473, subdivision 3, is amended to read:
5.26 		Subd. 3.Lifetime small game hunting license; fee. (a) A resident lifetime small 
5.27 	game hunting license authorizes a person to hunt and trap small game in the state. The 
5.28 	license authorizes those hunting and trapping activities authorized by the annual resident 
5.29 	small game hunting license and trapping licenses. The license does not include a turkey 
5.30 	stamp validation or any other hunting stamps required by law.
5.31 	(b) The fees for a resident lifetime small game hunting license are:
5.32 	(1) age 3 and under, $217;
5.33 	(2) age 4 to age 15, $290;
6.1 	(3) age 16 to age 50, $363; and
6.2 	(4) age 51 and over, $213.

6.3 	EFFECTIVE DATE. This section is effective the day following final enactment 
6.4 	and applies retroactively to licenses issued after February 28, 2001.

6.5 	Sec. 13. Minnesota Statutes 2006, section 97A.473, subdivision 5, is amended to read:
6.6 		Subd. 5.Lifetime sporting license; fee. (a) A resident lifetime sporting license 
6.7 	authorizes a person to take fish by angling and hunt and trap small game in the state. 
6.8 	The license authorizes those activities authorized by the annual resident angling and,
6.9 	resident small game hunting, and resident trapping licenses. The license does not include 
6.10 	a trout and salmon stamp validation, a turkey stamp validation, or any other hunting 
6.11 	stamps required by law.
6.12 	(b) The fees for a resident lifetime sporting license are:
6.13 	(1) age 3 and under, $357;
6.14 	(2) age 4 to age 15, $480;
6.15 	(3) age 16 to age 50, $613; and
6.16 	(4) age 51 and over, $413.

6.17 	EFFECTIVE DATE. This section is effective the day following final enactment 
6.18 	and applies retroactively to licenses issued after February 28, 2001.

6.19 	Sec. 14. Minnesota Statutes 2006, section 97A.475, subdivision 2, is amended to read:
6.20 		Subd. 2.Resident hunting. Fees for the following licenses, to be issued to residents 
6.21 	only, are:
6.22 	(1) for persons age 18 or over and under age 65 to take small game, $12.50;
6.23 	(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
6.24 	(3) to take turkey, $18;
6.25 	(4) for persons age 18 or over to take deer with firearms, $26;
6.26 	(5) for persons age 18 or over to take deer by archery, $26;
6.27 	(6) to take moose, for a party of not more than six persons, $310;
6.28 	(7) to take bear, $38;
6.29 	(8) to take elk, for a party of not more than two persons, $250;
6.30 	(9) multizone license to take antlered deer in more than one zone, $52;
6.31 	(10) to take Canada geese during a special season, $4;
6.32 	(11) all season license to take twothree deer throughout the state in any open deer 
6.33 	season, except as restricted under section 97B.305, $78; 
7.1 	(12) to take prairie chickens, $20;
7.2 	(13) for persons at least age 12 and under age 18 to take deer with firearms during 
7.3 	the regular firearms season in any open zone or time period, $13; and
7.4 	(14) for persons at least age 12 and under age 18 to take deer by archery, $13.

7.5 	Sec. 15. Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read:
7.6 		Subd. 3.Nonresident hunting. Fees for the following licenses, to be issued 
7.7 	to nonresidents, are:
7.8 	(1) for persons age 18 and older to take small game, $73;
7.9 	(2) for persons age 18 and older to take deer with firearms, $135;
7.10 	(3) for persons age 18 and older to take deer by archery, the greater of:
7.11 	(i) an amount equal to the total amount of license fees and surcharges charged to a 
7.12 	Minnesota resident to take deer by archery in the person's state or province of residence; or
7.13 	(ii) $135;
7.14 	(4) to take bear, $195;
7.15 	(5) to take turkey, $73;
7.16 	(6) to take raccoon, bobcat, fox, or coyote, $155;
7.17 	(7) multizone license to take antlered deer in more than one zone, $270; and
7.18 	(8) to take Canada geese during a special season, $4.;
7.19 	(9) for persons at least age 12 and under age 18 to take deer with firearms during the 
7.20 	regular firearms season in any open zone or time period, $13; and
7.21 	(10) for persons at least age 12 and under age 18 to take deer by archery, $13.

7.22 	Sec. 16. Minnesota Statutes 2006, section 97A.475, subdivision 6, is amended to read:
7.23 		Subd. 6.Resident fishing. Fees for the following licenses, to be issued to residents 
7.24 	only, are:
7.25 	(1) to take fish by angling or by spearing from a dark house, $17;
7.26 	(2) to take fish by angling, for a combined license for a married couple, $25; and
7.27 	(3) to take fish by spearing from a dark house, $17; and
7.28 	(4) to take fish by angling for a 24-hour period selected by the licensee, $8.50.

7.29 	Sec. 17. Minnesota Statutes 2006, section 97A.505, subdivision 4, is amended to read:
7.30 		Subd. 4.Storage of protected wild animals. A person that stores protected wild 
7.31 	animals for others must plainly mark the package, in ink, with the name and address of the 
7.32 	owner, the license number of the person taking the animal, and the number and species in 
8.1 	the package. A person may not use a commercial cold storage warehouse for protected 
8.2 	wild animals, except lawfully taken fish and furs.

8.3 	Sec. 18. Minnesota Statutes 2006, section 97A.511, is amended to read:
8.4 	97A.511 FUR-BEARING ANIMALS.
8.5 	The skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits 
8.6 	and hares, legally taken and bearing the required seals or tags required by the game and 
8.7 	fish laws, may be bought, sold, and transported at any time. The flesh of beaver, raccoon, 
8.8 	rabbits, and hare may not be transported out of the state.

8.9 	Sec. 19. Minnesota Statutes 2006, section 97B.015, is amended by adding a 
8.10 	subdivision to read:
8.11 		Subd. 5a.Exemption for military personnel. Notwithstanding subdivision 5, a 
8.12 	person who has successfully completed basic training in the United States armed forces is 
8.13 	exempt from the range and shooting exercise portion of the required course of instruction 
8.14 	for the firearms safety certificate. The commissioner may require written proof of the 
8.15 	person's military training, as deemed appropriate for implementing this subdivision. 
8.16 	The commissioner shall publicly announce this exemption from the range and shooting 
8.17 	exercise requirement and the availability of the department's online, remote study option 
8.18 	for adults seeking firearms safety certification. Military personnel are not exempt from 
8.19 	any other requirement of this section for obtaining a firearms safety certificate.

8.20 	EFFECTIVE DATE. This section is effective the day following final enactment 
8.21 	and applies to applications for certificates made on or after that date.

8.22 	Sec. 20. Minnesota Statutes 2006, section 97B.020, is amended to read:
8.23 	97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
8.24 	(a) Except as provided in this section and section 97A.451, subdivision 3a, a person 
8.25 	born after December 31, 1979, may not obtain an annual license to take wild animals by 
8.26 	firearms unless the person has:
8.27 	(1) a firearms safety certificate or equivalent certificate;
8.28 	(2) a driver's license or identification card with a valid firearms safety qualification 
8.29 	indicator issued under section 171.07, subdivision 13;
8.30 	(3) a previous hunting license with a valid firearms safety qualification indicator; or
8.31 	(4) an apprentice hunter validation issued under section 97B.022; or
9.1 	(4) (5) other evidence indicating that the person has completed in this state or in 
9.2 	another state a hunter safety course recognized by the department under a reciprocity 
9.3 	agreement or certified by the department as substantially similar.
9.4 	(b) A person who is on active duty and has successfully completed basic training 
9.5 	in the United States armed forces, reserve component, or National Guard may obtain a 
9.6 	hunting license or approval authorizing hunting regardless of whether the person is issued 
9.7 	a firearms safety certificate.
9.8 	(c) A person born after December 31, 1979, may not use a lifetime license to take 
9.9 	wild animals by firearms, unless the person meets the requirements for obtaining an annual 
9.10 	license under paragraph (a) or (b).

9.11 	Sec. 21. [97B.022] APPRENTICE HUNTER VALIDATION.
9.12 		Subdivision 1.Definition. For the purpose of this section, "accompanied" means 
9.13 	to stay within a distance of another person that permits uninterrupted visual contact and 
9.14 	unaided verbal communication.
9.15 		Subd. 2.Apprentice hunter validation requirements. A resident born after 
9.16 	December 31, 1979, who is age 12 or older and who does not possess a firearms safety 
9.17 	certificate may be issued an apprentice hunter validation. An apprentice hunter validation 
9.18 	is valid for only one license year in a lifetime. An individual in possession of an apprentice 
9.19 	hunter validation may hunt small game and deer only when accompanied by an adult 
9.20 	licensed to hunt in Minnesota whose license was not obtained using an apprentice hunter 
9.21 	validation. An apprentice hunter validation holder must obtain all required licenses and 
9.22 	stamps.

9.23 	Sec. 22. Minnesota Statutes 2006, section 97B.031, subdivision 1, is amended to read:
9.24 		Subdivision 1.Firearms and ammunition that may be used to take big game. (a) 
9.25 	A person may take big game with a firearm only if:
9.26 	(1) the rifle, shotgun, and handgun used is a caliber of at least .23 inches;
9.27 	(2) the firearm is loaded only with single projectile ammunition;
9.28 	(3) a projectile used is a caliber of at least .23 inches and has a soft point or is 
9.29 	an expanding bullet type;
9.30 	(4) the ammunition has a case length of at least 1.285 inches;
9.31 	(5) the muzzle-loader used is incapable of being loaded at the breech;
9.32 	(6) the smooth-bore muzzle-loader used is a caliber of at least .45 inches; and
9.33 	(7) the rifled muzzle-loader used is a caliber of at least .40 inches.
10.1 	(b) Notwithstanding paragraph (a), clause (4), a person may take big game with a 
10.2 	ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum 
10.3 	cartridge, or a .50 A. E. (Action Express) handgun cartridge, or a 56-46 Spencer, 56-50 
10.4 	Spencer, or 56-56 Spencer cartridge.

10.5 	Sec. 23. Minnesota Statutes 2006, section 97B.035, is amended by adding a 
10.6 	subdivision to read:
10.7 		Subd. 1a.Minimum draw weight. A bow used to take big game must have a pull 
10.8 	that meets or exceeds 30 pounds at or before full draw.

10.9 	Sec. 24. Minnesota Statutes 2006, section 97B.075, is amended to read:
10.10 	97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
10.11 	(a) A person may not take protected wild animals, except raccoon and fox, with 
10.12 	a firearm between the evening and morning times established by commissioner's rule, 
10.13 	except as provided in this section.
10.14 	(b) Big game may be taken from one-half hour before sunrise until one-half hour 
10.15 	after sunset.
10.16 	(c) Except as otherwise prescribed by the commissioner on or before the Saturday 
10.17 	nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset 
10.18 	during the entire season prescribed by the commissioner. On the opening day of the duck 
10.19 	season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.

10.20 	Sec. 25. Minnesota Statutes 2006, section 97B.085, subdivision 3, is amended to read:
10.21 		Subd. 3.Communication excepted. This section does not prohibit the use of:
10.22 	(1) one-way radio communication between a handler and a dog.; or
10.23 	(2) a remote-controlled animal noise caller used for fox and coyote.

10.24 	Sec. 26. Minnesota Statutes 2006, section 97B.301, subdivision 7, is amended to read:
10.25 		Subd. 7.All season deer license. (a) A resident may obtain an all season deer 
10.26 	license that authorizes the resident to hunt during the archery, regular firearms, and 
10.27 	muzzle-loader seasons. The all season license is valid for taking three deer, no more 
10.28 	than one of which may be a legal buck.
10.29 	(b) The all season deer license is valid for taking antlerless deer as follows:
10.30 	(1) up to two antlerless deer may be taken during the archery or muzzle-loader 
10.31 	seasons in any open area or during the regular firearms season in managed or intensive 
10.32 	deer areas; and
11.1 	(2) one antlerless deer may be taken during the regular firearms season in a lottery 
11.2 	deer area, only with an either-sex permit or statutory exemption from an either-sex permit.
11.3 	prescribed by the commissioner.
11.4 	(c) The commissioner shall issue three tags when issuing a license under this 
11.5 	subdivision.

11.6 	Sec. 27. Minnesota Statutes 2006, section 97B.311, is amended to read:
11.7 	97B.311 DEER SEASONS AND RESTRICTIONS.
11.8 	(a) The commissioner may, by rule, prescribe restrictions and designate areas where 
11.9 	deer may be taken, including hunter selection criteria for special hunts established under 
11.10 	section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open 
11.11 	seasons for deer within the following periods: 
11.12 	(1) taking with firearms, other than muzzle-loading firearms, between November 1 
11.13 	and December 15;
11.14 	(2) taking with muzzle-loading firearms between September 1 and December 31; and
11.15 	(3) taking by archery between September 1 and December 31.
11.16 	(b) Notwithstanding paragraph (a), the commissioner may establish special seasons 
11.17 	within designated areas at any time of year.
11.18 	(c) Smokeless gunpowder may not be used in a muzzle-loader during the 
11.19 	muzzle-loader season.

11.20 	Sec. 28. Minnesota Statutes 2006, section 97B.318, subdivision 1, is amended to read:
11.21 		Subdivision 1.Shotgun use area. During the regular firearms season in the shotgun 
11.22 	use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading 
11.23 	long guns, and legal handguns may be used for taking deer. Legal shotguns include 
11.24 	those with rifled barrels. The shotgun use area is that portion of the state lying within 
11.25 	the following described boundary: Beginning on the west boundary of the state at U.S. 
11.26 	Highway 10; thence along U.S. Highway 10 the northern boundary of Clay County; thence 
11.27 	along the northern boundary of Clay County to State Trunk Highway (STH) 32; thence 
11.28 	along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence 
11.29 	along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence along 
11.30 	CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas 
11.31 	County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to 
11.32 	CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to 
11.33 	CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, 
11.34 	Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 
12.1 	to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of 
12.2 	the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to 
12.3 	U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence 
12.4 	along the east, south, and west boundaries of the state to the point of beginning.

12.5 	Sec. 29. Minnesota Statutes 2006, section 97B.327, is amended to read:
12.6 	97B.327 REPORT; DEER OTHER THAN WHITE-TAILED OR MULE.
12.7 	A hunter legally taking a deer that is not a white-tailed or mule deer must report 
12.8 	the type of deer taken to the commissioner of natural resources within seven days of 
12.9 	taking. Violation of this section shall not result in a penalty and is not subject to section 
12.10 	97A.301 will result in a civil penalty of $100.

12.11 	Sec. 30. Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to read:
12.12 		Subdivision 1.Stamp required. (a) Except as provided in paragraph (b) or section 
12.13 	97A.405, subdivision 2, a person required to possess a small game license may not hunt 
12.14 	pheasants without:
12.15 	(1) a pheasant stamp in possession; and
12.16 	(2) a pheasant stamp validation on the small game license when issued electronically.
12.17 	(b) The following persons are exempt from this subdivision:
12.18 	(1) residents under age 18 or over age 65;
12.19 	(2) persons hunting on licensed commercial shooting preserves; and
12.20 	(3) resident disabled veterans with a license issued under section 97A.441, 
12.21 	subdivision 6a. 

12.22 	Sec. 31. Minnesota Statutes 2006, section 97B.801, is amended to read:
12.23 	97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.
12.24 	(a) Except as provided in this section or section 97A.405, subdivision 2, a person 
12.25 	required to possess a small game license may not take migratory waterfowl without:
12.26 	(1) a Minnesota migratory waterfowl stamp in possession; and
12.27 	(2) a migratory waterfowl stamp validation on the small game license when issued 
12.28 	electronically.
12.29 	(b) Residents under age 18 or over age 65; resident disabled veterans with a license 
12.30 	issued under section 97A.441, subdivision 6a; and persons hunting on their own property 
12.31 	are not required to possess a stamp or a license validation under this section. 

12.32 	Sec. 32. Minnesota Statutes 2006, section 97B.928, subdivision 1, is amended to read:
13.1 		Subdivision 1.Information required. (a) A person may not set or place a trap or 
13.2 	snare, other than on property owned or occupied by the person, unless the following 
13.3 	information is affixed to the trap or snare in a manner that ensures that the information 
13.4 	remains legible while the trap or snare is on the lands or waters:
13.5 	(1) the number and state of the person's driver's license;
13.6 	(2) the person's Minnesota identification card number; or
13.7 	(3) the person's name and mailing address.; or
13.8 	(4) the license identification number issued by the Department of Natural Resources.
13.9 	(b) The commissioner may not prescribe additional requirements for identification 
13.10 	of traps or snares.
13.11 	(c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1), 
13.12 	may be the person's previously issued Minnesota driver's license number.

13.13 	Sec. 33. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:
13.14 		Subd. 3.Contests requiring a permit. (a) A person must have a permit from the 
13.15 	commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2. 
13.16 	Permits shall be issued without a fee. The commissioner shall charge a fee for the permit 
13.17 	that recovers the costs of issuing the permit and monitoring the activities allowed by the 
13.18 	permit. Notwithstanding section 16A.1283, the commissioner may, by written order 
13.19 	published in the State Register, establish contest permit fees. The fees are not subject to 
13.20 	the rulemaking provisions of chapter 14 and section 14.386 does not apply.
13.21 	(b) If entry fees are over $25 per person, or total prizes are valued at more than 
13.22 	$25,000, and if the applicant has either:
13.23 	(1) not previously conducted a fishing contest requiring a permit under this 
13.24 	subdivision; or
13.25 	(2) ever failed to make required prize awards in a fishing contest conducted by 
13.26 	the applicant, the commissioner may require the applicant to furnish the commissioner 
13.27 	evidence of financial responsibility in the form of a surety bond or bank letter of credit in 
13.28 	the amount of $25,000.

13.29 	Sec. 34. Minnesota Statutes 2006, section 97C.325, is amended to read:
13.30 	97C.325 PROHIBITED METHODS OF RESTRICTIONS ON TAKING FISH.
13.31 	(a) Except as specifically authorized, a person may not take fish with:
13.32 	(1) explosives, chemicals, drugs, poisons, lime, medicated bait, fish berries, or 
13.33 	other similar substances;
13.34 	(2) substances or devices that kill, stun, or affect the nervous system of fish;
14.1 	(3) nets, traps, trot lines, or snares; or
14.2 	(4) spring devices that impale, hook, or capture fish.
14.3 	(b) If a person possesses a substance or device listed in paragraph (a) on waters, 
14.4 	shores, or islands, it is presumptive evidence that the person is in violation of this section.
14.5 	(c) The commissioner may, by rule, allow the use of a nonmotorized device with a 
14.6 	recoil mechanism to take fish through the ice.
14.7 	(d) To protect water quality or improve habitat for fish or wildlife, the commissioner 
14.8 	may prescribe restrictions on fishing seasons, limits, or methods on specific bodies of 
14.9 	water.

14.10 	Sec. 35. Minnesota Statutes 2006, section 97C.335, is amended to read:
14.11 	97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.
14.12 	A person may not use artificial lights to lure or attract fish or to see fish in the water 
14.13 	while spearing, except that while angling or spearing, a person may:
14.14 	(1) affix to the end of a fishing line a lighted artificial bait with hooks attached to the 
14.15 	end of a fishing line; or
14.16 	(2) use a lighted decoy for spearing. 
14.17 	Any battery that is used in lighted fishing lures cannot contain any intentionally 
14.18 	introduced mercury.

14.19 	Sec. 36. Minnesota Statutes 2006, section 97C.355, subdivision 8, is amended to read:
14.20 		Subd. 8.Confiscation of unlawful structures; civil penalty. (a) Structures on the 
14.21 	ice in violation of this section may be confiscated and disposed of, retained by the division, 
14.22 	or sold at the highest price obtainable, in a manner prescribed by the commissioner.
14.23 	(b) In addition to other penalties provided by law, the owner of a structure left on the 
14.24 	ice in violation of this section is subject to a civil penalty under section 115A.99.

14.25 	Sec. 37. Minnesota Statutes 2006, section 97C.371, is amended by adding a 
14.26 	subdivision to read:
14.27 		Subd. 5.Sucker season. Notwithstanding any other law to the contrary, the 
14.28 	commissioner may allow spearing and dip netting of sucker before May 1 when weather 
14.29 	conditions warrant it and the earlier season would not interfere with spawning of other 
14.30 	fish. The commissioner must post notice of the earlier spring opening by both print 
14.31 	and electronic means. Regional fisheries chiefs in any of the department's regions 
14.32 	may recommend the earlier spring opening for sucker spearing and dip netting to the 
14.33 	commissioner.

15.1 	Sec. 38. [97C.417] REPORTING ASIAN CARP.
15.2 	A person who takes any of the following Asian carp species must report the type of 
15.3 	carp taken to the commissioner within seven days of taking:
15.4 	(1) grass carp (Ctenopharyngodon idella);
15.5 	(2) bighead carp (Hypophthalmichthys nobilis); or
15.6 	(3) silver carp (Hypophthalmichthys molitrix).

15.7 	Sec. 39. Minnesota Statutes 2006, section 97C.835, subdivision 1, is amended to read:
15.8 		Subdivision 1.Commercial fishing license for Lake Superior. (a) A license to 
15.9 	fish commercially in Lake Superior shall be issued to a maximum of 50 25 residents. To 
15.10 	qualify for licensing, a resident must have landed fish in the previous year with a value of 
15.11 	at least $1,500, and must have engaged in commercial fishing for at least 30 days of the 
15.12 	previous year. An applicant may be issued a license, at the discretion of the commissioner, 
15.13 	if failure to meet the requirements for the dollar value of fish landed or number of days 
15.14 	fished resulted from illness or other mitigating circumstances, or the applicant has reached 
15.15 	the age of 65 and has been licensed at least five of the previous ten years.
15.16 	(b) A license may be issued to a resident who has not previously fished commercially 
15.17 	on Lake Superior and has not been convicted of a game and fish law violation in the 
15.18 	preceding three years, if the applicant:
15.19 	(1) shows a bill of sale indicating the purchase of gear and facilities connected 
15.20 	with an existing license;
15.21 	(2) shows proof of inheritance of all the gear and facilities connected with an 
15.22 	existing license; or
15.23 	(3) has served at least two years as an apprentice in a Minnesota Lake Superior 
15.24 	licensed commercial fishing operation.

15.25 	Sec. 40. Minnesota Statutes 2006, section 97C.835, subdivision 2, is amended to read:
15.26 		Subd. 2.Types of fish permitted. Lake trout, ciscoes, chubs, alewives, lake 
15.27 	whitefish, round whitefish, pygmy whitefish, rainbow smelt, and rough fish may be 
15.28 	taken by licensed commercial fishing operators from Lake Superior, in accordance with 
15.29 	this section.

15.30 	Sec. 41. Minnesota Statutes 2006, section 97C.835, subdivision 3, is amended to read:
15.31 		Subd. 3.Pound nets and trap nets. Pound or trap nets may be used to take lake 
15.32 	whitefish, round whitefish, pygmy whitefish, ciscoes, chubs, alewives, rainbow smelt, and 
16.1 	rough fish in Lake Superior, including St. Louis Bay east of the U.S. Highway 53 bridge, 
16.2 	under the rules prescribed by the commissioner.

16.3 	Sec. 42. Minnesota Statutes 2006, section 97C.835, subdivision 8, is amended to read:
16.4 		Subd. 8.Special permits. The commissioner may issue special permits to duly 
16.5 	licensed commercial fishing operators not exceeding 20 in number, for the purpose 
16.6 	of taking lake trout, ciscoes, and lake whitefish spawn during the closed season for the 
16.7 	propagation of trout in Lake Superior and adjacent waters under rules prescribed by the 
16.8 	commissioner.

16.9 	Sec. 43. [97C.836] LAKE SUPERIOR LAKE TROUT EXPANDED 
16.10 	ASSESSMENT HARVEST.
16.11 	The commissioner shall provide for taking of lake trout by licensed commercial 
16.12 	operators in Lake Superior management zones MN-3 and MN-2 for expanded assessment 
16.13 	and sale. The commissioner shall authorize expanded assessment taking and sale of lake 
16.14 	trout in Lake Superior management zone MN-3 beginning in 2007 and zone MN-2 
16.15 	beginning in 2010. Total assessment taking and sale may not exceed 3,000 lake trout 
16.16 	in zone MN-3 or 2,000 lake trout in zone MN-2 and may be reduced when necessary 
16.17 	to protect the lake trout population or to manage the effects of invasive species or fish 
16.18 	disease. Taking lake trout for expanded assessment and sale shall be allowed from June 1 
16.19 	to September 30, but may end earlier in the respective zones if the quotas are reached. The 
16.20 	quotas must be reassessed at the expiration of the current ten-year Fisheries Management 
16.21 	Plan for the Minnesota Waters of Lake Superior dated September 2006.

16.22 	Sec. 44. RULE AMENDMENTS.
 16.23 	The commissioner of natural resources may use the good cause exemption under 
16.24 	Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform 
16.25 	to sections 39 to 43. Minnesota Statutes, section 14.386, does not apply to the rulemaking 
16.26 	under this section except to the extent provided under Minnesota Statutes, section 14.388.

16.27 	Sec. 45. LAKE TROUT REPORT.
 16.28 	By February 1, 2008, the commissioner of natural resources must review and report 
16.29 	to the legislative policy committees with jurisdiction over natural resources on the pros 
16.30 	and cons of changing the winter lake trout season so that it would be open from the 
16.31 	Saturday nearest January 1 to March 31.

17.1 	Sec. 46. ACCESS TO MINNESOTA OUTDOORS PLAN.
 17.2 		Subdivision 1.Walk-in access plan. (a) The commissioner of natural resources 
17.3 	shall prepare a plan for a walk-in public access program under which the commissioner 
17.4 	may encourage owners and operators of privately held land to voluntarily make that 
17.5 	land available for walk-in access by the public for hunting and fishing under programs 
17.6 	administered by the commissioner.
17.7 	(b) As part of the plan, the commissioner shall explore entering into contracts with 
17.8 	the owners or lessees of land to establish voluntary walk-in public access for hunting, 
17.9 	fishing, or other wildlife-dependent recreational activities.
17.10 	(c) In the plan, the commissioner must describe:
17.11 	(1) the costs and benefits that private land access will provide the public, such as 
17.12 	hunting, fishing, bird watching, and related outdoor activities; and 
17.13 	(2) the types of game, fish, and wildlife habitat improvements made to the land that 
17.14 	will enhance public uses.
17.15 	(d) The commissioner shall explore the effectiveness and public and private cost of 
17.16 	walk-in public access programs in other states and recommend walk-in program options 
17.17 	for public access to private lands for hunting, fishing, and related recreational activities.  
17.18 		Subd. 2.Other law. Nothing in the plan may preempt trespass and liability laws. 
17.19 	Recommendations submitted by the commissioner of natural resources under subdivision 
17.20 	3 shall include any changes to Minnesota Statutes, sections 604A.20 to 604A.27, 
17.21 	necessary to ensure that landowners are not exposed to additional liability as a result 
17.22 	of the walk-in access program.
17.23 		Subd. 3.Report. The commissioner must present the walk-in public access plan 
17.24 	to the house and senate committees with jurisdiction over natural resources policy and 
17.25 	finance, with recommendations on program implementation, by January 15, 2008.

17.26 	Sec. 47. COCK PHEASANT BAG LIMIT; RULEMAKING.
 17.27 	The commissioner of natural resources shall amend Minnesota Rules, part 
17.28 	6234.0400, subpart 2, to allow a person to take up to three cock pheasants per day after the 
17.29 	16th day of the pheasant season. The commissioner may use the good cause exemption 
17.30 	under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt the rule and 
17.31 	Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota 
17.32 	Statutes, section 14.388.

17.33 	Sec. 48. CROSSBOW DEER SEASON.
 18.1 	Notwithstanding Minnesota Statutes, section 97B.035, or other law to the contrary, 
18.2 	the commissioner of natural resources shall establish an open season for taking deer 
18.3 	by crossbow during the regular firearm or muzzleloader season from November 1 to 
18.4 	December 15 each year. The commissioner may adopt exempt rules regulating the 
18.5 	crossbow deer season according to Minnesota Statutes, section 14.386. Notwithstanding 
18.6 	Minnesota Statutes, section 14.386, a rule adopted under this section is effective until 
18.7 	January 1, 2009.

18.8 	EFFECTIVE DATE. This section is effective the day following final enactment 
18.9 	and expires January 1, 2009.

18.10 	Sec. 49. CROSSBOW SEASON REPORT.
 18.11 	By February 1, 2009, the commissioner of natural resources shall submit a report to 
18.12 	the chairs of the house and senate committees having jurisdiction over natural resources 
18.13 	that includes the number of crossbow deer season licenses issued under section 48 and 
18.14 	addresses whether there was an increase in poaching or other hunting problems during the 
18.15 	time a crossbow deer season was permitted.

18.16 	Sec. 50. RULE AMENDMENTS.
 18.17 	The commissioner of natural resources shall amend Minnesota Rules, parts 
18.18 	6262.0100, subpart 5, item D, and 6266.0700, subpart 3, to allow an angler in an icehouse 
18.19 	to possess fillets of a fish with size restrictions if the angler is preparing and using the 
18.20 	fish for a meal. The commissioner may use the good cause exemption under Minnesota 
18.21 	Statutes, section 14.388, subdivision 1, clause (3), to adopt rules according to this 
18.22 	section and Minnesota Statutes, section 14.386, does not apply except as provided under 
18.23 	Minnesota Statutes, section 14.388.

18.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

18.25 	Sec. 51.  REPEALER.
 18.26 	Minnesota Statutes 2006, sections 97A.475, subdivision 38; 97C.301, subdivision 3; 
18.27 	and 97C.365, are repealed.