1.1 	A bill for an act
1.2 	relating to game and fish; modifying report requirements for game and fish fund; 
1.3 	modifying disposition of pheasant habitat improvement account; modifying wild 
1.4 	turkey management account; modifying hunting and fishing licensing and taking 
1.5 	provisions; authorizing rulemaking;amending Minnesota Statutes 2006, sections 
1.6 	97A.015, subdivisions 32a, 41a, by adding a subdivision; 97A.045, subdivision 
1.7 	7; 97A.055, subdivision 4b; 97A.075, subdivisions 4, 5; 97A.311, subdivision 
1.8 	5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434, subdivision 2; 
1.9 	97A.475, subdivision 5; 97A.485, subdivision 6; 97A.535, subdivision 1; 
1.10 	97B.015, subdivision 5; 97B.071; 97B.106, subdivision 1; 97B.211, subdivision 
1.11 	1; 97B.301, subdivisions 1, 2, 4, 6; 97B.721; 97C.355, subdivisions 4, 7a; 
1.12 	97C.401, subdivision 2; Minnesota Statutes 2007 Supplement, sections 97A.055, 
1.13 	subdivision 4; 97A.405, subdivisions 2, 4; 97A.441, subdivision 7; 97A.451, 
1.14 	subdivision 3; 97A.475, subdivisions 2, 3, 11, 12; 97B.031, subdivision 
1.15 	1; 97B.328; 97C.355, subdivisions 2, 8; proposing coding for new law in 
1.16 	Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2006, section 
1.17 	97A.411, subdivision 2; Minnesota Statutes 2007 Supplement, section 97B.301, 
1.18 	subdivision 7; Minnesota Rules, parts 6232.0200, subpart 4; 6232.0300, subpart 
1.19 	4.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	Section 1. Minnesota Statutes 2006, section 97A.015, subdivision 32a, is amended to 
1.22 	read:
1.23 		Subd. 32a.Muzzle-loader Muzzleloader season. "Muzzle-loader Muzzleloader
1.24 	season" means the firearms deer season option open only for legal muzzle-loading
1.25 	muzzleloading firearms, as prescribed by the commissioner.

1.26 	Sec. 2. Minnesota Statutes 2006, section 97A.015, subdivision 41a, is amended to read:
1.27 		Subd. 41a.Regular firearms season. "Regular firearms season" means any of 
1.28 	the firearms deer season options seasons prescribed by the commissioner that begin in 
1.29 	November, exclusive of the muzzle-loader muzzleloader season.

2.1 	Sec. 3. Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision 
2.2 	to read:
2.3 		Subd. 44a.Shelter. "Shelter" means any structure, other than a self-propelled motor 
2.4 	vehicle, that is set on the ice of state waters to provide shelter.

2.5 	Sec. 4. Minnesota Statutes 2006, section 97A.045, subdivision 7, is amended to read:
2.6 		Subd. 7.Duty to encourage stamp design and purchases. (a) The commissioner 
2.7 	shall encourage the purchase of:
2.8 	(1) Minnesota migratory waterfowl stamps by nonhunters interested in migratory 
2.9 	waterfowl preservation and habitat development;
2.10 	(2) pheasant stamps by persons interested in pheasant habitat improvement;
2.11 	(3) trout and salmon stamps by persons interested in trout and salmon stream and 
2.12 	lake improvement; and
2.13 	(4) turkey stamps by persons interested in wild turkey management and habitat 
2.14 	improvement.
2.15 	(b) The commissioner shall make rules governing contests for selecting a design for 
2.16 	each stamp, including those stamps not required to be in possession while taking game or 
2.17 	fish. The commissioner shall ensure that stamp design and characteristics are consistent 
2.18 	with the design and characteristics that are sought by pictorial stamp collectors.

2.19 	Sec. 5. Minnesota Statutes 2007 Supplement, section 97A.055, subdivision 4, is 
2.20 	amended to read:
2.21 		Subd. 4.Game and fish annual reports. (a) By December 15 each year, 
2.22 	the commissioner shall submit to the legislative committees having jurisdiction over 
2.23 	appropriations and the environment and natural resources reports on each of the following:
2.24 	(1) the amount of revenue from the following and purposes for which expenditures 
2.25 	were made:
2.26 	(i) the small game license surcharge under section 97A.475, subdivision 4; 
2.27 	(ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 
2.28 	5, clause (1); 
2.29 	(iii) the trout and salmon stamp under section 97A.475, subdivision 10; 
2.30 	(iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2);  
2.31 	(v) the turkey stamp wild turkey management account under section 97A.475, 
2.32 	subdivision 5, clause (3) 97A.075, subdivision 5; and
2.33 	(vi) the deer license donations and surcharges under section 97A.475, subdivisions 
2.34 	3, paragraph (b), and 3a;
3.1 	(2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and 
3.2 	(c), and the purposes for which these amounts were spent; 
3.3 	(3) money credited to the game and fish fund under this section and purposes for 
3.4 	which expenditures were made from the fund;
3.5 	(4) outcome goals for the expenditures from the game and fish fund; and
3.6 	(5) summary and comments of citizen oversight committee reviews under 
3.7 	subdivision 4b.
3.8 	(b) The report must include the commissioner's recommendations, if any, for 
3.9 	changes in the laws relating to the stamps and surcharge referenced in paragraph (a).

3.10 	EFFECTIVE DATE. This section is effective March 1, 2009.

3.11 	Sec. 6. Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:
3.12 		Subd. 4b.Citizen oversight subcommittees. (a) The commissioner shall appoint 
3.13 	subcommittees of affected persons to review the reports prepared under subdivision 4; 
3.14 	review the proposed work plans and budgets for the coming year; propose changes 
3.15 	in policies, activities, and revenue enhancements or reductions; review other relevant 
3.16 	information; and make recommendations to the legislature and the commissioner for 
3.17 	improvements in the management and use of money in the game and fish fund.
3.18 	(b) The commissioner shall appoint the following subcommittees, each comprised 
3.19 	of at least three affected persons:
3.20 	(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding 
3.21 	activities related to trout and salmon stamp funding;
3.22 	(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding 
3.23 	activities related to migratory waterfowl, pheasant, and turkey stamp funding and 
3.24 	excluding review of the amounts available under section 97A.075, subdivision 1, 
3.25 	paragraphs (b) and (c);
3.26 	(3) a Big Game Subcommittee to review the report required in subdivision 4, 
3.27 	paragraph (a), clause (2);
3.28 	(4) an Ecological Services Operations Subcommittee to review ecological services 
3.29 	funding;
3.30 	(5) a subcommittee to review game and fish fund funding of enforcement, support 
3.31 	services, and Department of Natural Resources administration;
3.32 	(6) a subcommittee to review the trout and salmon stamp report and address funding 
3.33 	issues related to trout and salmon;
3.34 	(7) a subcommittee to review the report on the migratory waterfowl stamp and 
3.35 	address funding issues related to migratory waterfowl;
4.1 	(8) a subcommittee to review the report on the pheasant stamp and address funding 
4.2 	issues related to pheasants; and
4.3 	(9) a subcommittee to review the report on the turkey stamp wild turkey management 
4.4 	account and address funding issues related to wild turkeys.
4.5 	(c) The chairs of each of the subcommittees shall form a Budgetary Oversight 
4.6 	Committee to coordinate the integration of the subcommittee reports into an annual 
4.7 	report to the legislature; recommend changes on a broad level in policies, activities, and 
4.8 	revenue enhancements or reductions; provide a forum to address issues that transcend the 
4.9 	subcommittees; and submit a report for any subcommittee that fails to submit its report 
4.10 	in a timely manner.
4.11 	(d) The Budgetary Oversight Committee shall develop recommendations for a 
4.12 	biennial budget plan and report for expenditures on game and fish activities. By August 15 
4.13 	of each even-numbered year, the committee shall submit the budget plan recommendations 
4.14 	to the commissioner and to the senate and house committees with jurisdiction over natural 
4.15 	resources finance.
4.16 	(e) Each subcommittee shall choose its own chair, except that the chair of the 
4.17 	Budgetary Oversight Committee shall be appointed by the commissioner and may not 
4.18 	be the chair of any of the subcommittees.
4.19 	(f) The Budgetary Oversight Committee must make recommendations to the 
4.20 	commissioner and to the senate and house committees with jurisdiction over natural 
4.21 	resources finance for outcome goals from expenditures.
4.22 	(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the 
4.23 	Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.

4.24 	EFFECTIVE DATE. This section is effective March 1, 2009.

4.25 	Sec. 7. Minnesota Statutes 2006, section 97A.075, subdivision 4, is amended to read:
4.26 		Subd. 4.Pheasant stamp. (a) Ninety percent of the revenue from pheasant stamps 
4.27 	must be credited to the pheasant habitat improvement account. Money in the account 
4.28 	may be used only for:
4.29 	(1) the development, restoration, and maintenance of suitable habitat for ringnecked 
4.30 	pheasants on public and private land including the establishment of nesting cover, winter 
4.31 	cover, and reliable food sources;
4.32 	(2) reimbursement of landowners for setting aside lands for pheasant habitat;
4.33 	(3) reimbursement of expenditures to provide pheasant habitat on public and private 
4.34 	land;
5.1 	(4) the promotion of pheasant habitat development and maintenance, including 
5.2 	promotion and evaluation of government farm program benefits for pheasant habitat; and
5.3 	(5) the acquisition of lands suitable for pheasant habitat management and public 
5.4 	hunting.
5.5 	(b) Money in the account may not be used for:
5.6 	(1) costs unless they are directly related to a specific parcel of land under paragraph 
5.7 	(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under 
5.8 	paragraph (a), clause (4); or
5.9 	(2) any personnel costs, except that prior to July 1, 2009 2019, personnel may be 
5.10 	hired to provide technical and promotional assistance for private landowners to implement 
5.11 	conservation provisions of state and federal programs.

5.12 	Sec. 8. Minnesota Statutes 2006, section 97A.075, subdivision 5, is amended to read:
5.13 		Subd. 5.Turkey stamps account. (a) Ninety percent of the revenue from 
5.14 	turkey stamps $4.50 from each turkey license sold must be credited to the wild turkey 
5.15 	management account. Money in the account may be used only for:
5.16 	(1) the development, restoration, and maintenance of suitable habitat for wild 
5.17 	turkeys on public and private land including forest stand improvement and establishment 
5.18 	of nesting cover, winter roost area, and reliable food sources;
5.19 	(2) acquisitions of, or easements on, critical wild turkey habitat;
5.20 	(3) reimbursement of expenditures to provide wild turkey habitat on public and 
5.21 	private land;
5.22 	(4) trapping and transplantation of wild turkeys; and
5.23 	(5) the promotion of turkey habitat development and maintenance, population 
5.24 	surveys and monitoring, and research.
5.25 	(b) Money in the account may not be used for:
5.26 	(1) costs unless they are directly related to a specific parcel of land under paragraph 
5.27 	(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4), 
5.28 	or to specific promotional or evaluative activities under paragraph (a), clause (5); or
5.29 	(2) any permanent personnel costs.

5.30 	EFFECTIVE DATE. This section is effective March 1, 2009.

5.31 	Sec. 9. Minnesota Statutes 2006, section 97A.311, subdivision 5, is amended to read:
5.32 		Subd. 5.Refunds. (a) The commissioner may issue a refund on a license, not 
5.33 	including any issuing fees paid under section 97A.485, subdivision 6, if: 
6.1 	(1) the licensee dies before the opening of the licensed season. The original license 
6.2 	and a copy of the death certificate must be provided to the commissioner; or
6.3 	(2) the licensee is unable to participate in the licensed activity because the licensee is 
6.4 	called to active military duty or military leave is canceled during the entire open season of 
6.5 	the licensed activity. The original license and a copy of the military orders or notice of 
6.6 	cancellation of leave must be provided to the commissioner; or
6.7 	(3) the licensee purchased two identical licenses for the same license season in error.
6.8 	(b) This subdivision does not apply to lifetime licenses.

6.9 	Sec. 10. Minnesota Statutes 2007 Supplement, section 97A.405, subdivision 2, is 
6.10 	amended to read:
6.11 		Subd. 2.Personal possession. (a) A person acting under a license or traveling from 
6.12 	an area where a licensed activity was performed must have in personal possession either: 
6.13 	(1) the proper license, if the license has been issued to and received by the person; or (2) 
6.14 	the proper license identification number or stamp validation, if the license has been sold to 
6.15 	the person by electronic means but the actual license has not been issued and received.
6.16 	(b) If possession of a license or a license identification number is required, a person 
6.17 	must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 
6.18 	license if the license has been issued to and received by the person; or (2) the proper 
6.19 	license identification number or stamp validation and a valid state driver's license, state 
6.20 	identification card, or other form of identification provided by the commissioner, if the 
6.21 	license has been sold to the person by electronic means but the actual license has not been 
6.22 	issued and received. A person charged with violating the license possession requirement 
6.23 	shall not be convicted if the person produces in court or the office of the arresting officer, 
6.24 	the actual license previously issued to that person, which was valid at the time of arrest, 
6.25 	or satisfactory proof that at the time of the arrest the person was validly licensed. Upon 
6.26 	request of a conservation officer or peace officer, a licensee shall write the licensee's name 
6.27 	in the presence of the officer to determine the identity of the licensee.
6.28 	(c) If the actual license has been issued and received, a receipt for license fees, a 
6.29 	copy of a license, or evidence showing the issuance of a license, including the license 
6.30 	identification number or stamp validation, does not entitle a licensee to exercise the rights 
6.31 	or privileges conferred by a license.
6.32 	(d) A license issued electronically and not immediately provided to the licensee 
6.33 	shall be mailed to the licensee within 30 days of purchase of the license. A pictorial 
6.34 	turkey, migratory waterfowl, pheasant, or trout and salmon stamp shall be provided to the 
7.1 	licensee after purchase of a stamp validation only if the licensee pays an additional $2 
7.2 	fee. A pictorial turkey stamp may be purchased for a $2 fee.

7.3 	EFFECTIVE DATE. This section is effective March 1, 2009.

7.4 	Sec. 11. Minnesota Statutes 2007 Supplement, section 97A.405, subdivision 4, is 
7.5 	amended to read:
7.6 		Subd. 4.Replacement licenses. (a) The commissioner may permit licensed deer 
7.7 	hunters to change zone, license, or season options. The commissioner may issue a 
7.8 	replacement license if the applicant submits the original deer license and unused tags that 
7.9 	are being replaced and the applicant pays any increase in cost between the original and 
7.10 	the replacement license. A refund of the difference in fees may be issued when a person 
7.11 	changes from a regular deer license to a youth deer license. When a person submits both 
7.12 	an archery and a firearms license for replacement, the commissioner may apply the value 
7.13 	of both licenses towards the replacement license fee.
7.14 	(b) A replacement license may be issued only if the applicant has not used any 
7.15 	tag from the original license or licenses and meets the conditions of paragraph (c). The 
7.16 	original license or licenses and all unused tags for the licenses being replaced must be 
7.17 	submitted to the issuing agent at the time the replacement license is issued.
7.18 	(c) A replacement license may be issued under the following conditions, or as 
7.19 	otherwise prescribed by rule of the commissioner:
7.20 	(1) when the season for the license being surrendered has not yet opened; or
7.21 	(2) when the person is upgrading from a regular firearms or archery deer license to 
7.22 	an all season deer license;
7.23 	(3) when the person is upgrading from a regular firearms license to a multizone 
7.24 	deer license; or
7.25 	(4) when the person is changing from a regular firearms deer license to a youth 
7.26 	deer license.
7.27 	(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid 
7.28 	immediately upon issuance if the license being surrendered is valid at that time.

7.29 	Sec. 12. Minnesota Statutes 2006, section 97A.431, subdivision 2, is amended to read:
7.30 		Subd. 2.Eligibility. Persons eligible for a moose license shall be determined 
7.31 	under this section and commissioner's rule. A person is eligible for a moose license only 
7.32 	if the person:
7.33 	(1) is a resident; and
7.34 	(2) is at least age 16 before the season opens; and
8.1 	(3) (2) has not been issued a moose license for any of the last five seasons or after 
8.2 	January 1, 1991.

8.3 	Sec. 13. Minnesota Statutes 2006, section 97A.433, subdivision 2, is amended to read:
8.4 		Subd. 2.Eligibility. Persons eligible for an elk license shall be determined under this 
8.5 	section and commissioner's rule. A person is eligible for an elk license only if the person:
8.6 	(1) is a resident; and
8.7 	(2) is at least age 16 before the season opens; and
8.8 	(3) (2) has never been issued an elk license.

8.9 	Sec. 14. Minnesota Statutes 2006, section 97A.434, subdivision 2, is amended to read:
8.10 		Subd. 2.Eligibility. Eligibility for a prairie chicken license shall be determined by 
8.11 	this section and by rule adopted by the commissioner. A person is eligible for a prairie 
8.12 	chicken license only if the person:
8.13 	(1) is a resident; and
8.14 	(2) was born before January 1, 1980, or possesses a firearms safety certificate.

8.15 	Sec. 15. Minnesota Statutes 2007 Supplement, section 97A.441, subdivision 7, is 
8.16 	amended to read:
8.17 		Subd. 7.Owners or tenants of agricultural land. (a) The commissioner may 
8.18 	issue, without a fee, a license to take an antlerless deer to a person resident who is an 
8.19 	owner or tenant, or a nonresident who is an owner, of at least 80 acres of agricultural land, 
8.20 	as defined in section 97B.001, in deer permit areas that have deer archery licenses to 
8.21 	take additional deer under section 97B.301, subdivision 4. A person may receive only 
8.22 	one license per year under this subdivision. For properties with co-owners or cotenants, 
8.23 	only one co-owner or cotenant may receive a license under this subdivision per year. The 
8.24 	license issued under this subdivision is restricted to land leased for agricultural purposes 
8.25 	or owned by the holder of the license within the permit area where the qualifying land 
8.26 	is located. The holder of the license may transfer the license to the holder's spouse or 
8.27 	dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 
8.28 	2, the holder of the license may purchase an additional license for taking deer and may 
8.29 	take an additional deer under that license.
8.30 	(b) A person who obtains a license under paragraph (a) must allow public deer 
8.31 	hunting on their land during that deer hunting season, with the exception of the first 
8.32 	Saturday and Sunday during the deer hunting season applicable to the license issued under 
8.33 	section 97A.475, subdivision 2, clauses (4) and (13).

9.1 	Sec. 16. Minnesota Statutes 2007 Supplement, section 97A.451, subdivision 3, is 
9.2 	amended to read:
9.3 		Subd. 3.Residents under age 16; small game. (a) A resident under age 16 may 
9.4 	not obtain a small game license but may take small game by firearms or bow and arrow 
9.5 	without a license if the resident is:
9.6 	(1) age 14 or 15 and possesses a firearms safety certificate;
9.7 	(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or 
9.8 	guardian;
9.9 	(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied 
9.10 	by a parent or guardian who possesses a small game license that was not obtained using an 
9.11 	apprentice hunter validation; or
9.12 	(4) age 12 or under and is accompanied by a parent or guardian.
9.13 	(b) A resident under age 16 may take small game by trapping without a small game 
9.14 	license, but a resident 13 years of age or older must have a trapping license. A resident 
9.15 	under age 13 may trap without a trapping license, but may not register fisher, otter, 
9.16 	bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat, 
9.17 	or pine marten taken by a resident under age five must be included in the limit of the 
9.18 	accompanying parent or guardian.
9.19 	(c) A resident under age 12 may apply for a turkey license and may take a turkey 
9.20 	without a firearms safety certificate if the resident is accompanied by an adult parent or 
9.21 	guardian who has a firearms safety certificate.
9.22 	(d) A resident under age 12 may apply for a prairie chicken license and may take a 
9.23 	prairie chicken without a firearms safety certificate if the resident is accompanied by an 
9.24 	adult parent or guardian who has a firearms safety certificate.

9.25 	Sec. 17. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 2, is 
9.26 	amended to read:
9.27 		Subd. 2.Resident hunting. Fees for the following licenses, to be issued to residents 
9.28 	only, are:
9.29 	(1) for persons age 18 or over and under age 65 to take small game, $12.50;
9.30 	(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
9.31 	(3) to take turkey, $18 $23;
9.32 	(4) for persons age 18 or over to take deer with firearms during the regular firearms 
9.33 	season, $26;
9.34 	(5) for persons age 18 or over to take deer by archery, $26;
10.1 	(6) for persons age 18 or over to take deer by muzzleloader during the muzzleloader 
10.2 	season, $26;
10.3 	(7) to take moose, for a party of not more than six persons, $310;
10.4 	(7) (8) to take bear, $38;
10.5 	(8) (9) to take elk, for a party of not more than two persons, $250;
10.6 	(9) multizone license to take antlered deer in more than one zone, $52;
10.7 	(10) to take Canada geese during a special season, $4;
10.8 	(11) all season license to take three deer throughout the state in any open deer 
10.9 	season, except as restricted under section 97B.305, $78;
10.10 	(12) to take prairie chickens, $20;
10.11 	(13) (12) for persons at least age 12 and under age 18 to take deer with firearms 
10.12 	during the regular firearms season in any open zone or time period, $13; and
10.13 	(14) (13) for persons at least age 12 and under age 18 to take deer by archery, 
10.14 	$13; and
10.15 	(14) for persons under age 18 to take deer during the muzzleloader season, $13.

10.16 	EFFECTIVE DATE. The amendment to clause (3) is effective March 1, 2009.

10.17 	Sec. 18. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 3, is 
10.18 	amended to read:
10.19 		Subd. 3.Nonresident hunting. (a) Fees for the following licenses, to be issued 
10.20 	to nonresidents, are:
10.21 	(1) for persons age 18 and older or over to take small game, $73;
10.22 	(2) for persons age 18 and older or over to take deer with firearms during the regular 
10.23 	firearms season, $135;
10.24 	(3) for persons age 18 and older or over to take deer by archery, $135;
10.25 	(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader 
10.26 	season, $135;
10.27 	(5) to take bear, $195;
10.28 	(5) (6) to take turkey, $73 $78;
10.29 	(6) (7) to take raccoon or bobcat, $155;
10.30 	(7) multizone license to take antlered deer in more than one zone, $270;
10.31 	(8) to take Canada geese during a special season, $4;
10.32 	(9) for persons at least age 12 and under age 18 to take deer with firearms during the 
10.33 	regular firearms season in any open zone season option or time period, $13; and
10.34 	(10) for persons at least age 12 and under age 18 to take deer by archery, $13; and
10.35 	(11) for persons under age 18 to take deer during the muzzleloader season, $13.
11.1 	(b) A $5 surcharge shall be added to nonresident hunting licenses issued under 
11.2 	paragraph (a), clauses (1) to (7). An additional commission may not be assessed on this 
11.3 	surcharge.

11.4 	EFFECTIVE DATE. The amendment to the turkey license fee under paragraph 
11.5 	(a), clause (6), is effective March 1, 2009.

11.6 	Sec. 19. Minnesota Statutes 2006, section 97A.475, subdivision 5, is amended to read:
11.7 		Subd. 5.Hunting stamps. Fees for the following stamps and stamp validations are:
11.8 	(1) migratory waterfowl stamp, $7.50; and
11.9 	(2) pheasant stamp, $7.50; and
11.10 	(3) turkey stamp validation, $5.

11.11 	EFFECTIVE DATE. This section is effective March 1, 2009.

11.12 	Sec. 20. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 11, 
11.13 	is amended to read:
11.14 		Subd. 11.Fish houses and, dark houses, or shelters; residents. Fees for the 
11.15 	following licenses for a resident are:
11.16 	(1) annual for a fish house or, dark house, or shelter that is not rented, $11.50; 
11.17 	(2) annual for a fish house or, dark house, or shelter that is rented, $26;
11.18 	(3) three-year for a fish house or, dark house, or shelter that is not rented, $34.50; and
11.19 	(4) three-year for a fish house or, dark house, or shelter that is rented, $78.

11.20 	Sec. 21. Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 12, 
11.21 	is amended to read:
11.22 		Subd. 12.Fish houses or shelters; nonresident. Fees for fish house or shelter 
11.23 	licenses for a nonresident are:
11.24 	(1) annual, $33; 
11.25 	(2) seven consecutive days, $19; and
11.26 	(3) three-year, $99.

11.27 	Sec. 22. Minnesota Statutes 2006, section 97A.485, subdivision 6, is amended to read:
11.28 		Subd. 6.Licenses to be sold and issuing fees. (a) Persons authorized to sell 
11.29 	licenses under this section must issue the following licenses for the license fee and the 
11.30 	following issuing fees:
11.31 	(1) to take deer or bear with firearms and by archery, the issuing fee is $1;
12.1 	(2) Minnesota sporting, the issuing fee is $1; and
12.2 	(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing 
12.3 	animals, the issuing fee is $1;
12.4 	(4) for a stamp validation that is not issued simultaneously with a license, an issuing 
12.5 	fee of 50 cents may be charged at the discretion of the authorized seller;
12.6 	(5) for stamps stamp validations issued simultaneously with a license, there is no fee;
12.7 	(6) for licenses, seals, tags, or coupons issued without a fee under section 97A.441
12.8 	or 97A.465, an issuing fee of 50 cents may be charged at the discretion of the authorized 
12.9 	seller;
12.10 	(7) for lifetime licenses, there is no fee; and
12.11 	(8) for all other licenses, permits, renewals, or applications or any other transaction 
12.12 	through the electronic licensing system under this chapter or any other chapter when an 
12.13 	issuing fee is not specified, an issuing fee of 50 cents may be charged at the discretion 
12.14 	of the authorized seller.
12.15 	(b) An issuing fee may not be collected for issuance of a trout and salmon stamp if 
12.16 	a stamp validation is issued simultaneously with the related angling or sporting license.
12.17 	Only one issuing fee may be collected when selling more than one trout and salmon stamp 
12.18 	in the same transaction after the end of the season for which the stamp was issued.
12.19 	(c) The agent shall keep the issuing fee as a commission for selling the licenses.
12.20 	(d) The commissioner shall collect the issuing fee on licenses sold by the 
12.21 	commissioner.
12.22 	(e) A license, except stamps, must state the amount of the issuing fee and that the 
12.23 	issuing fee is kept by the seller as a commission for selling the licenses.
12.24 	(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
12.25 	(1) for licenses to take big game, 75 cents; and
12.26 	(2) for other licenses, 50 cents.
12.27 	(g) The commissioner may issue one-day angling licenses in books of ten licenses 
12.28 	each to fishing guides operating charter boats upon receipt of payment of all license 
12.29 	fees, excluding the issuing fee required under this section. Copies of sold and unsold 
12.30 	licenses shall be returned to the commissioner. The commissioner shall refund the charter 
12.31 	boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be 
12.32 	maintained by the commissioner for one year.

12.33 	Sec. 23. Minnesota Statutes 2006, section 97A.535, subdivision 1, is amended to read:
12.34 		Subdivision 1.Tags required. (a) A person may not possess or transport deer, 
12.35 	bear, elk, or moose taken in the state unless a tag is attached to the carcass in a manner 
13.1 	prescribed by the commissioner. The commissioner must prescribe the type of tag that has 
13.2 	the license number of the owner, the year of its issue, and other information prescribed by 
13.3 	the commissioner.
13.4 	(b) The tag and the license must be validated at the site of the kill as prescribed by 
13.5 	the commissioner.
13.6 	(c) Except as otherwise provided in this section, the tag must be attached to the 
13.7 	deer, bear, elk, or moose at the site of the kill before the animal is removed from the 
13.8 	site of the kill.
13.9 	(d) The tag must remain attached to the animal until the animal is processed for 
13.10 	storage.
13.11 	(e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the 
13.12 	kill without attaching the validated tag to the animal only while in the act of manually 
13.13 	or mechanically dragging, carrying, or carting the animal across the ground and while 
13.14 	possessing the validated tag on their person. A motor vehicle may be used to drag the 
13.15 	animal across the ground. At all other times, the validated tag must be attached to the 
13.16 	deer, bear, elk, or moose:
13.17 	(1) as otherwise provided in this section; and
13.18 	(2) prior to the animal being placed onto and transported on a motor vehicle, being 
13.19 	hung from a tree or other structure or device, or being brought into a camp or yard or 
13.20 	other place of habitation.

13.21 	Sec. 24. Minnesota Statutes 2006, section 97B.015, subdivision 5, is amended to read:
13.22 		Subd. 5.Firearms safety certificate. The commissioner shall issue a firearms 
13.23 	safety certificate to a person that satisfactorily completes the required course of instruction. 
13.24 	A person must be at least age 11 to take the firearms safety course and may receive a 
13.25 	firearms safety certificate, but the certificate is not valid for hunting until the year the 
13.26 	person reaches age 12. A person who is age 11 and has a firearms safety certificate may 
13.27 	purchase a deer, bear, turkey, or prairie chicken license to take big game that will become
13.28 	be valid whenfor hunting during the entire regular season for which the license is valid if 
13.29 	the person reacheswill reach age 12 during that calendar year. A firearms safety certificate 
13.30 	issued to a person under age 12 by another state as provided in section 97B.020 is not 
13.31 	valid for hunting in Minnesota until the person reaches age 12. The form and content of 
13.32 	the firearms safety certificate shall be prescribed by the commissioner.

13.33 	Sec. 25. Minnesota Statutes 2007 Supplement, section 97B.031, subdivision 1, is 
13.34 	amended to read:
14.1 		Subdivision 1.Firearms and ammunition that may be used to take big game. (a)
14.2 	A person may take big game with a firearm only if:
14.3 	(1) the rifle, shotgun, and handgun used is a caliber of at least .23 .22 inches and 
14.4 	with centerfire ignition;
14.5 	(2) the firearm is loaded only with single projectile ammunition;
14.6 	(3) a projectile used is a caliber of at least .23 .22 inches and has a soft point or is 
14.7 	an expanding bullet type;
14.8 	(4) the ammunition has a case length of at least 1.285 inches;
14.9 	(5) the muzzle-loader muzzleloader used is incapable of being loaded at the breech;
14.10 	(6) (5) the smooth-bore muzzle-loader muzzleloader used is a caliber of at least 
14.11 	.45 inches; and
14.12 	(7) (6) the rifled muzzle-loader muzzleloader used is a caliber of at least .40 inches.
14.13 	(b) Notwithstanding paragraph (a), clause (4), a person may take big game with a 
14.14 	ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum 
14.15 	cartridge, a .50 A. E. (Action Express) handgun cartridge, or a 56-46 Spencer, 56-50 
14.16 	Spencer, or 56-56 Spencer cartridge.

14.17 	Sec. 26. Minnesota Statutes 2006, section 97B.071, is amended to read:
14.18 	97B.071 BLAZE ORANGE REQUIREMENTS.
14.19 	(a) Except as provided in rules adopted under paragraph (c), a person may not hunt 
14.20 	or trap during the open season where deer may be taken by firearms under applicable laws 
14.21 	and ordinances, unless the visible portion of the person's cap and outer clothing above the 
14.22 	waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage 
14.23 	pattern of at least 50 percent blaze orange within each foot square. This section does not 
14.24 	apply to migratory waterfowl hunters on waters of this state or in a stationary shooting 
14.25 	location or to trappers on waters of this state.
14.26 	(b) Except as provided in rules adopted under paragraph (c), and in addition to 
14.27 	the requirement in paragraph (a), a person may not take small game other than turkey, 
14.28 	migratory birds, raccoons, and predators, except when hunting with nontoxic shot or while 
14.29 	trapping, unless a visible portion of at least one article of the person's clothing above the 
14.30 	waist is blaze orange. This paragraph does not apply to a person hunting by falconry.
14.31 	(c) The commissioner may, by rule, prescribe an alternative color in cases where 
14.32 	paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public 
14.33 	Law 103-141.
14.34 	(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only 
14.35 	by a safety warning.

15.1 	Sec. 27. Minnesota Statutes 2006, section 97B.106, subdivision 1, is amended to read:
15.2 		Subdivision 1.Qualifications for crossbow permits. (a) The commissioner may 
15.3 	issue a special permit, without a fee, to take big game, small game, or rough fish with a 
15.4 	crossbow to a person that is unable to hunt or take rough fish by archery because of a 
15.5 	permanent or temporary physical disability. A crossbow permit issued under this section 
15.6 	also allows the permittee to use a bow with a mechanical device that draws, releases, or 
15.7 	holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
15.8 	(b) To qualify for a crossbow permit under this section, a temporary disability 
15.9 	must render the person unable to hunt or fish by archery for a minimum of two years 
15.10 	after application for the permit is made. The permanent or temporary disability must 
15.11 	be established by medical evidence, and the inability to hunt or fish by archery for the 
15.12 	required period of time must be verified in writing by a licensed physician or chiropractor.
15.13 	(c) The person must obtain the appropriate license.

15.14 	Sec. 28. Minnesota Statutes 2006, section 97B.211, subdivision 1, is amended to read:
15.15 		Subdivision 1.Possession of firearms prohibited. Except when hunting bear, A 
15.16 	person may not take big game deer by archery while in possession of a firearm.

15.17 	Sec. 29. Minnesota Statutes 2006, section 97B.301, subdivision 1, is amended to read:
15.18 		Subdivision 1.Licenses required. A person may not take deer without a license. 
15.19 	A person must have a firearms deer license to take deer with firearms during the regular 
15.20 	firearms season, a muzzleloader license to take deer with a muzzleloader during the 
15.21 	muzzleloader season, and an archery deer license to take deer by archery except as 
15.22 	provided in this section.

15.23 	Sec. 30. Minnesota Statutes 2006, section 97B.301, subdivision 2, is amended to read:
15.24 		Subd. 2.Limit of one deer. Except as provided in subdivisions 3 and 4, A person 
15.25 	may obtain one regular firearms season deer license, one muzzleloader season deer 
15.26 	license, and one archery season deer license in the same license year, but may take only
15.27 	not tag more than one deer except as provided in subdivisions 3 and 4.

15.28 	Sec. 31. Minnesota Statutes 2006, section 97B.301, subdivision 4, is amended to read:
15.29 		Subd. 4.Taking more than one deer. (a) The commissioner may, by rule, allow 
15.30 	a person to take more than one deer. The commissioner shall prescribe the conditions 
15.31 	for taking the additional deer including:
15.32 	(1) taking by firearm, muzzleloader, or archery;
16.1 	(2) obtaining additional licenses; and
16.2 	(3) payment of a fee not more than the fee for a firearms deer license; and
16.3 	(4) the total number of deer that an individual may take.
16.4 	(b) In Kittson, Lake of the Woods, Marshall, Pennington, and Roseau Counties, a 
16.5 	person may obtain one firearms deer license and one archery deer license in the same 
16.6 	license year, and may take one deer under each license. The commissioner may limit the 
16.7 	use of this provision in certain years to protect the deer population in the area.

16.8 	Sec. 32. Minnesota Statutes 2006, section 97B.301, subdivision 6, is amended to read:
16.9 		Subd. 6.Residents or nonresidents under age 18 may take deer of either sex.
 16.10 	A resident or nonresident under the age of 18 may take a deer of either sex except in 
16.11 	those antlerless permit areas and seasons where no antlerless permits are offered. In 
16.12 	antlerless permit areas where no antlerless permits are offered, the commissioner may 
16.13 	provide a limited number of youth either sex permits to residents or nonresidents under 
16.14 	age 18, under the procedures provided in section 97B.305, and may give preference to 
16.15 	residents or nonresidents under the age of 18 that have not previously been selected. 
16.16 	This subdivision does not authorize the taking of an antlerless deer by another member 
16.17 	of a party under subdivision 3. 

16.18 	Sec. 33. Minnesota Statutes 2007 Supplement, section 97B.328, is amended to read:
16.19 	97B.328 BAITING PROHIBITED.
16.20 		Subdivision 1.Hunting with aid of bait or feed prohibited. (a) A person may 
16.21 	not hunt deer:
16.22 	(1) with the aid or use of bait or feed; or
16.23 	(2) in the vicinity of bait or feed if the person knows or has reason to know that 
16.24 	bait or feed is present; or.
16.25 	(3) in the vicinity of where the person has placed bait or caused bait to be placed 
16.26 	within the previous ten days.
16.27 	(b) This restriction does not apply to:
16.28 		Subd. 2.Removal of bait.  An area is considered baited for ten days after the 
16.29 	complete removal of all bait or feed.
16.30 		Subd. 3.Definition.  For purposes of this section, "bait or feed" includes grains, 
16.31 	fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer and 
16.32 	that has been placed by a person. Liquid scents, salt, and minerals are not bait or feed.
17.1 	(1) Food resulting from normal or accepted farming, forest management, wildlife 
17.2 	food plantings, orchard management, or other similar land management activities; or
17.3 	is not bait or feed.
17.4 		Subd. 4.Exception for bait or feed on adjacent land. (2) A person otherwise 
17.5 	in compliance with this section who is hunting on the person's ownprivate or public 
17.6 	property, whenthat is adjacent to property where bait or feed is present is not in violation 
17.7 	of this section if the person has not participated in, been involved with, or agreed to 
17.8 	baiting or feeding wildlife on the adjacent land owned by another person property.

17.9 	Sec. 34. [97B.673] NONTOXIC SHOT REQUIRED FOR TAKING SMALL 
17.10 	GAME IN CERTAIN AREAS.
17.11 		Subdivision 1.Nontoxic shot on public lands in agricultural zone. After 
17.12 	July 1, 2011, nontoxic shot, as approved by the director of the United States Fish and 
17.13 	Wildlife Service, must be used when taking small game by shotgun on public lands in the 
17.14 	agricultural zone defined in this section.
17.15 		Subd. 2.Agricultural zone. The agricultural zone is that area of the state south 
17.16 	and west of a line beginning at the eastern boundary of the state on U.S. Highway 8, 
17.17 	thence westerly on U.S. Highway 8 to State Trunk Highway 95, thence westerly on State 
17.18 	Trunk Highway 95 to the junction of U.S. Highway 10, thence northwesterly on U.S. 
17.19 	Highway 10 to the junction of U.S. Highway 59, thence northerly on U.S. Highway 59 
17.20 	to the Canadian border.

17.21 	Sec. 35. Minnesota Statutes 2006, section 97B.721, is amended to read:
17.22 	97B.721 LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 
17.23 	TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.
17.24 	(a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person 
17.25 	may not take a turkey without possessing a turkey license and a turkey stamp validation. 
17.26 	(b) The requirement in paragraph (a) to have a turkey stamp validation does not 
17.27 	apply to persons under age 18. An unlicensed adult age 18 or older may assist a licensed 
17.28 	wild turkey hunter. The unlicensed adult may not shoot or possess a firearm or bow while 
17.29 	assisting a hunter under this paragraph and may not charge a fee for the assistance.
17.30 	(c) The commissioner may by rule prescribe requirements for the tagging and 
17.31 	registration of turkeys.

17.32 	EFFECTIVE DATE. This section is effective March 1, 2009.

18.1 	Sec. 36. Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 2, is 
18.2 	amended to read:
18.3 		Subd. 2.License required. A person may not take fish from leave a dark house 
18.4 	or, fish house that is left, or shelter  unattended on the ice overnight unless the house is 
18.5 	licensed and has a license tag attached to the exterior in a readily visible location, except 
18.6 	as provided in this subdivision. The commissioner must issue a tag with a dark house or 
18.7 	fish house license, marked with a number to correspond with the license and the year of 
18.8 	issue. A dark house or fish house license is not required of a resident on boundary waters 
18.9 	where the adjacent state does not charge a fee for the same activity.

18.10 	Sec. 37. Minnesota Statutes 2006, section 97C.355, subdivision 4, is amended to read:
18.11 		Subd. 4.Distance between houses. A person may not erect a dark house or, fish 
18.12 	house, or shelter within ten feet of an existing dark house or, fish house, or shelter.

18.13 	Sec. 38. Minnesota Statutes 2006, section 97C.355, subdivision 7a, is amended to read:
18.14 		Subd. 7a.Houses left overnight. A fish house or, dark house, or shelter left on the 
18.15 	ice overnight must be marked with reflective material on each side of the house structure. 
18.16 	The reflective material must measure a total area of no less than two square inches on each 
18.17 	side of the house structure. Violation of this subdivision is not subject to subdivision 8 
18.18 	or section 97A.301.

18.19 	Sec. 39. Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 8, is 
18.20 	amended to read:
18.21 		Subd. 8.Confiscation of unlawful structures; civil penalty. (a) Structures on the 
18.22 	ice in violation of this section may be confiscated and disposed of, retained by the division, 
18.23 	or sold at the highest price obtainable, in a manner prescribed by the commissioner.
18.24 	(b) In addition to other penalties provided by law, the owner of a structure left on the 
18.25 	ice in violation of this section is subject to a civil penalty under section 115A.99.
18.26 	(c) This subdivision also applies to structures left on state public access sites for 
18.27 	more than 48 hours past the deadlines specified in subdivision 7.

18.28 	Sec. 40. Minnesota Statutes 2006, section 97C.401, subdivision 2, is amended to read:
18.29 		Subd. 2.Walleye; northern pike. (a) Except as provided in paragraph (b), a person 
18.30 	may take have no more than one walleye larger than 20 inches and one northern pike 
18.31 	larger than 30 inches daily in possession.
18.32 	(b) The restrictions in paragraph (a) do not apply to boundary waters.

19.1 	EFFECTIVE DATE. This section is effective March 1, 2009.

19.2 	Sec. 41. RULE AMENDMENTS.
 19.3 	The commissioner of natural resources may use the good cause exemption under 
19.4 	Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules, 
19.5 	part 6262.0200, subpart 1, item G, to establish a daily and possession limit of four walleye 
19.6 	and sauger in the aggregate. Minnesota Statutes, section 14.386, does not apply to the 
19.7 	rulemaking under this section, except to the extent provided under Minnesota Statutes, 
19.8 	section 14.388.

19.9 	Sec. 42. REPEALER.
 19.10 	Minnesota Statutes 2006, section 97A.411, subdivision 2,Minnesota Statutes 2007 
19.11 	Supplement, section 97B.301, subdivision 7, and Minnesota Rules, parts 6232.0200, 
19.12 	subpart 4; and 6232.0300, subpart 4, are repealed.