1.1 	A bill for an act
1.2 	relating to natural resources; modifying rulemaking authority; modifying 
1.3 	provisions for designating infested waters; extending expiration of Mineral 
1.4 	Coordinating Committee; providing for and modifying certain fees; modifying 
1.5 	license and stamp provisions;amending Minnesota Statutes 2006, sections 
1.6 	84.027, by adding a subdivision; 84D.03, subdivision 1; 84D.12, subdivisions 
1.7 	1, 3; 93.0015, subdivision 3; 97A.045, by adding a subdivision; 97A.405, 
1.8 	subdivision 2; 97A.451, subdivision 3a; 97A.465, by adding a subdivision; 
1.9 	97A.475, subdivision 3; 97B.715, subdivision 1; 97B.801; 97C.081, subdivision 
1.10 	3.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2006, section 84.027, is amended by adding a 
1.13 	subdivision to read:
1.14 		Subd. 13a.Game and fish expedited permanent rules. In addition to the authority 
1.15 	granted in subdivision 13, the commissioner of natural resources may adopt rules under 
1.16 	section 14.389 that are authorized under:
1.17 	(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to 
1.18 	designate fish spawning beds or fish preserves, to select hunters or anglers for areas, 
1.19 	to provide for registration of game or fish, to prevent or control wildlife disease, or to 
1.20 	correct errors or omissions in rules that do not have a substantive effect on the intent or 
1.21 	application of the original rule; or
1.22 	(2) section 84D.12 to designate prohibited invasive species, regulated invasive 
1.23 	species, and unregulated nonnative species.

1.24 	Sec. 2. Minnesota Statutes 2006, section 84D.03, subdivision 1, is amended to read:
1.25 		Subdivision 1.Infested waters; restricted activities. (a) The commissioner shall 
1.26 	designate a water of the state as an infested water if the commissioner determines that:
2.1 	(1) the water contains a population of an aquatic invasive species that could spread 
2.2 	to other waters if use of the water and related activities are not regulated to prevent this; or
2.3 	(2) the water is highly likely to be infested by an aquatic invasive species because it 
2.4 	is connected to a water that contains a population of an aquatic invasive species.
2.5 	(b) When determining which invasive species comprise infested waters, the 
2.6 	commissioner shall consider:
2.7 	(1) the extent of a species distribution within the state;
2.8 	(2) the likely means of spread for a species; and
2.9 	(3) whether regulations specific to infested waters containing a specific species 
2.10 	will effectively reduce that species' spread.
2.11 	(c) The presence of common carp and curly-leaf pondweed shall not be the basis for 
2.12 	designating a water as infested.
2.13 	(d) The designation of infested waters by the commissioner shall be by written order 
2.14 	published in the State Register. Designations are not subject to the rulemaking provisions 
2.15 	of chapter 14 and section 14.386 does not apply.

2.16 	Sec. 3. Minnesota Statutes 2006, section 84D.12, subdivision 1, is amended to read:
2.17 		Subdivision 1.Required rules. The commissioner shall adopt rules:
2.18 	(1) designating infested waters, prohibited invasive species, regulated invasive 
2.19 	species, and unregulated nonnative species of aquatic plants and wild animals;
2.20 	(2) governing the application for and issuance of permits under this chapter, which 
2.21 	rules may include a fee schedule; and
2.22 	(3) governing notification under section 84D.08. 

2.23 	Sec. 4. Minnesota Statutes 2006, section 84D.12, subdivision 3, is amended to read:
2.24 		Subd. 3.Expedited rules. The commissioner may adopt rules under section 84.027, 
2.25 	subdivision 13, that designate: 
2.26 	(1) prohibited invasive species of aquatic plants and wild animals;
2.27 	(2) regulated invasive species of aquatic plants and wild animals; and
2.28 	(3) unregulated nonnative species of aquatic plants and wild animals; and
2.29 	(4) infested waters.

2.30 	Sec. 5. Minnesota Statutes 2006, section 93.0015, subdivision 3, is amended to read:
2.31 		Subd. 3.Expiration. Notwithstanding section 15.059, subdivision 5, or other law to 
2.32 	the contrary, the committee expires June 30, 2007 2011. 

3.1 	Sec. 6. Minnesota Statutes 2006, section 97A.045, is amended by adding a subdivision 
3.2 	to read:
3.3 		Subd. 12.Establishing fees. Notwithstanding section 16A.1283, the commissioner 
3.4 	may, by written order published in the State Register, establish fees providing for the use 
3.5 	of state wildlife management area or aquatic management area lands for specific purposes, 
3.6 	including dog trials, special events, and commercial uses. The fees are not subject to the 
3.7 	rulemaking provisions of chapter 14 and section 14.386 does not apply.

3.8 	Sec. 7. Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:
3.9 		Subd. 2.Personal possession. (a) A person acting under a license or traveling from 
3.10 	an area where a licensed activity was performed must have in personal possession either: 
3.11 	(1) the proper license, if the license has been issued to and received by the person; or (2) 
3.12 	the proper license identification number or stamp validation, if the license has been sold to 
3.13 	the person by electronic means but the actual license has not been issued and received.
3.14 	(b) If possession of a license or a license identification number is required, a person 
3.15 	must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 
3.16 	license if the license has been issued to and received by the person; or (2) the proper 
3.17 	license identification number or stamp validation and a valid state driver's license, state 
3.18 	identification card, or other form of identification provided by the commissioner, if the 
3.19 	license has been sold to the person by electronic means but the actual license has not 
3.20 	been issued and received.
3.21 	(c) If the actual license has been issued and received, a receipt for license fees, a 
3.22 	copy of a license, or evidence showing the issuance of a license, including the license 
3.23 	identification number or stamp validation, does not entitle a licensee to exercise the rights 
3.24 	or privileges conferred by a license.
3.25 	(d) A license or stamp issued electronically and not immediately provided to the 
3.26 	licensee shall be mailed to the licensee within 30 days of purchase of the license or stamp 
3.27 	validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp. A 
3.28 	pictorial turkey stamp or a pictorial, migratory waterfowl, pheasant, or trout and salmon 
3.29 	stamp shall be mailed provided to the licensee after purchase of a license or stamp 
3.30 	validation only if the licensee pays an additional $2 fee.

3.31 	Sec. 8. Minnesota Statutes 2006, section 97A.451, subdivision 3a, is amended to read:
3.32 		Subd. 3a.Nonresidents under age 16 18; small game. (a) A nonresident under 
3.33 	age 16 18 may obtain a small game license at the resident fee under section 97A.475, 
3.34 	subdivision 2, clause (2), if the nonresident:
4.1 	(1) possesses a firearms safety certificate; or
4.2 	(2) if age 13 or under, is accompanied by a parent or guardian when purchasing 
4.3 	the license.
4.4 	(b) A nonresident age 13 or under must be accompanied by a parent or guardian 
4.5 	to take small game. A nonresident age 12 or under is not required to possess a firearms 
4.6 	safety certificate under section 97B.020 to take small game. 

4.7 	Sec. 9. Minnesota Statutes 2006, section 97A.465, is amended by adding a subdivision 
4.8 	to read:
4.9 		Subd. 1a.Spouses of residents on active military duty. Notwithstanding section 
4.10 	97A.405, subdivision 5, the spouse of a resident who is on active military duty may obtain 
4.11 	resident hunting and fishing licenses.

4.12 	Sec. 10. Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read:
4.13 		Subd. 3.Nonresident hunting. Fees for the following licenses, to be issued 
4.14 	to nonresidents, are:
4.15 	(1) for persons age 18 and older to take small game, $73;
4.16 	(2) for persons age 18 and older to take deer with firearms, $135;
4.17 	(3) for persons age 18 and older to take deer by archery, the greater of:
4.18 	(i) an amount equal to the total amount of license fees and surcharges charged to a 
4.19 	Minnesota resident to take deer by archery in the person's state or province of residence; or
4.20 	(ii) $135;
4.21 	(4) to take bear, $195;
4.22 	(5) to take turkey, $73;
4.23 	(6) to take raccoon, bobcat, fox, or coyote, $155;
4.24 	(7) multizone license to take antlered deer in more than one zone, $270; and
4.25 	(8) to take Canada geese during a special season, $4;
4.26 	(9) for persons at least age 12 and under age 18 to take deer with firearms during the 
4.27 	regular firearms season in any open zone or time period, $13; and
4.28 	(10) for persons at least age 12 and under age 18 to take deer by archery, $13.

4.29 	Sec. 11. Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to read:
4.30 		Subdivision 1.Stamp required. (a) Except as provided in paragraph (b) or section 
4.31 	97A.405, subdivision 2, a person required to possess a small game license may not hunt 
4.32 	pheasants without:
4.33 	(1) a pheasant stamp in possession; and
5.1 	(2) a pheasant stamp validation on the small game license when issued electronically.
5.2 	(b) The following persons are exempt from this subdivision:
5.3 	(1) residents under age 18 or over age 65;
5.4 	(2) persons hunting on licensed commercial shooting preserves; and
5.5 	(3) resident disabled veterans with a license issued under section 97A.441, 
5.6 	subdivision 6a. 

5.7 	Sec. 12. Minnesota Statutes 2006, section 97B.801, is amended to read:
5.8 	97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.
5.9 	(a) Except as provided in this section or section 97A.405, subdivision 2, a person 
5.10 	required to possess a small game license may not take migratory waterfowl without:
5.11 	(1) a Minnesota migratory waterfowl stamp in possession; and
5.12 	(2) a migratory waterfowl stamp validation on the small game license when issued 
5.13 	electronically.
5.14 	(b) Residents under age 18 or over age 65; resident disabled veterans with a license 
5.15 	issued under section 97A.441, subdivision 6a; and persons hunting on their own property 
5.16 	are not required to possess a stamp or a license validation under this section. 

5.17 	Sec. 13. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:
5.18 		Subd. 3.Contests requiring a permit. (a) A person must have a permit from the 
5.19 	commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2. 
5.20 	Permits shall be issued without a fee. The commissioner shall charge a fee for the permit 
5.21 	that recovers the costs of issuing the permit and monitoring the activities allowed by the 
5.22 	permit. Notwithstanding section 16A.1283, the commissioner may, by written order 
5.23 	published in the State Register, establish contest permit fees. The fees are not subject to 
5.24 	the rulemaking provisions of chapter 14 and section 14.386 does not apply.
5.25 	(b) If entry fees are over $25 per person, or total prizes are valued at more than 
5.26 	$25,000, and if the applicant has either:
5.27 	(1) not previously conducted a fishing contest requiring a permit under this 
5.28 	subdivision; or
5.29 	(2) ever failed to make required prize awards in a fishing contest conducted by 
5.30 	the applicant, the commissioner may require the applicant to furnish the commissioner 
5.31 	evidence of financial responsibility in the form of a surety bond or bank letter of credit in 
5.32 	the amount of $25,000.