1.1 	A bill for an act
1.2 	relating to game and fish; modifying refund provisions; modifying certain 
1.3 	definitions; modifying publication requirements; modifying restrictions in 
1.4 	migratory feeding and resting areas; providing certain exemptions from 
1.5 	local law; modifying wild animal and fish taking, possession, and licensing 
1.6 	requirements; authorizing certain fees; modifying certain fees; modifying 
1.7 	restrictions and conforming penalties on shining artificial lights; requiring 
1.8 	rulemaking;amending Minnesota Statutes 2008, sections 17.4981; 17.4988, 
1.9 	subdivision 3; 84.788, subdivision 11; 84.798, subdivision 10; 84.82, subdivision 
1.10 	11; 84.922, subdivision 12; 86B.415, subdivision 11; 97A.015, by adding a 
1.11 	subdivision; 97A.051, subdivision 2; 97A.095, subdivision 2; 97A.137, by 
1.12 	adding a subdivision; 97A.331, subdivision 2; 97A.445, subdivision 1, by adding 
1.13 	a subdivision; 97A.451, subdivision 2, by adding a subdivision; 97A.465, 
1.14 	subdivisions 1b, 5; 97A.473, subdivision 1, by adding subdivisions; 97A.4742, 
1.15 	subdivision 1; 97A.475, subdivisions 3, 7, 11, 12, 29; 97A.525, subdivision 1; 
1.16 	97B.081; 97B.086; 97B.111, subdivision 1; 97B.328, subdivision 3; 97B.651; 
1.17 	97B.811, subdivisions 2, 3; 97C.081, subdivisions 2, 3, 4, 6, 9; 97C.335; 
1.18 	97C.345, subdivision 2; 97C.371, by adding a subdivision; 97C.375; proposing 
1.19 	coding for new law in Minnesota Statutes, chapter 97C; repealing Minnesota 
1.20 	Statutes 2008, sections 97A.525, subdivision 2; 97C.405.
1.21 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22 	Section 1. Minnesota Statutes 2008, section 17.4981, is amended to read:
1.23 	17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC 
1.24 	FARMS.
1.25 	(a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life 
1.26 	is not wildlife. Aquatic farms must be licensed and given classifications to prevent or 
1.27 	minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to: 
1.28 	(1) prevent public aquatic life from entering an aquatic farm;
1.29 	(2) prevent release of nonindigenous or exotic species into public waters without 
1.30 	approval of the commissioner;
2.1 	(3) protect against release of disease pathogens to public waters;
2.2 	(4) protect existing natural aquatic habitats and the wildlife dependent on them; and
2.3 	(5) protect private aquatic life from unauthorized taking or harvest.
2.4 	(b) Private aquatic life that is legally acquired and possessed is an article of interstate 
2.5 	commerce and may be restricted only as necessary to protect state fish and water resources.
2.6 	(c) The commissioner of natural resources shall establish license and other fees as 
2.7 	provided in section 16A.1285, subdivision 2, that would make aquaculture licensing 
2.8 	and enforcement self-sustaining. Notwithstanding section 16A.1283, the commissioner 
2.9 	may, by written order published in the State Register, establish the fees required by this 
2.10 	section. The fees are not subject to the rulemaking provisions of chapter 14 and section 
2.11 	14.386 does not apply. The commissioner shall develop best management practices for 
2.12 	aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for 
2.13 	aquaculture, including, but not limited to, fish farming in man-made ponds.

2.14 	Sec. 2. Minnesota Statutes 2008, section 17.4988, subdivision 3, is amended to read:
2.15 		Subd. 3.Inspection and additional fees. Notwithstanding section 16A.1283, the 
2.16 	commissioner may, by written order published in the State Register, establish fees for the 
2.17 	services listed in clauses (1) to (3) and the additional fee required under subdivision 2, 
2.18 	paragraph (a). The fees must be set in an amount that does not recover significantly more 
2.19 	or less than the cost of providing the service. The fees are not subject to the rulemaking 
2.20 	provisions of chapter 14 and section 14.386 does not apply. The services covered under 
2.21 	this provision include:
2.22 	(1) initial inspection of each water to be licensed;
2.23 	(2) fish health inspection and certification, including initial tissue sample collection, 
2.24 	basic fish health assessment, viral pathogen testing, and bacteriological testing; and
2.25 	(3) initial inspection for containment and quarantine facility inspections.

2.26 	Sec. 3. Minnesota Statutes 2008, section 84.788, subdivision 11, is amended to read:
2.27 		Subd. 11.Refunds. The commissioner may issue a refund on a registration, not 
2.28 	including any issuing fees paid under subdivision 3, paragraph (e), or section 84.027, 
2.29 	subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 
2.30 	months 60 days of the original registration, the registration is not used or transferred, and:
2.31 	(1) the off-highway motorcycle was registered incorrectly by the commissioner 
2.32 	or the deputy registrar; or
2.33 	(2) the off-highway motorcycle was registered twice, once by the dealer and once by 
2.34 	the customer.

3.1 	Sec. 4. Minnesota Statutes 2008, section 84.798, subdivision 10, is amended to read:
3.2 		Subd. 10.Refunds. The commissioner may issue a refund on a registration, not 
3.3 	including any issuing fees paid under subdivision 3, paragraph (b), or section 84.027, 
3.4 	subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 
3.5 	months 60 days of the original registration and the vehicle was registered incorrectly by 
3.6 	the commissioner or the deputy registrar, the registration is not used or transferred, and:
3.7 	(1) the off-road vehicle was registered incorrectly; or
3.8 	(2) the off-road vehicle was registered twice, once by the dealer and once by the 
3.9 	customer.

3.10 	Sec. 5. Minnesota Statutes 2008, section 84.82, subdivision 11, is amended to read:
3.11 		Subd. 11.Refunds. The commissioner may issue a refund on a registration, not 
3.12 	including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, 
3.13 	subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 
3.14 	months 60 days of the original registration, the registration is not used or transferred, and:
3.15 	(1) the snowmobile was registered incorrectly by the commissioner or the deputy 
3.16 	registrar; or
3.17 	(2) the snowmobile was registered twice, once by the dealer and once by the 
3.18 	customer.

3.19 	Sec. 6. Minnesota Statutes 2008, section 84.922, subdivision 12, is amended to read:
3.20 		Subd. 12.Refunds. The commissioner may issue a refund on a registration, not 
3.21 	including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027, 
3.22 	subdivision 15, paragraph (a), clause (3), if the refund request is received within 12 
3.23 	months 60 days of the original registration, the registration is not used or transferred, and:
3.24 	(1) the vehicle was registered incorrectly by the commissioner or the deputy 
3.25 	registrar; or
3.26 	(2) the vehicle was registered twice, once by the dealer and once by the customer.

3.27 	Sec. 7. Minnesota Statutes 2008, section 86B.415, subdivision 11, is amended to read:
3.28 		Subd. 11.Refunds. The commissioner may issue a refund on a license or title, not 
3.29 	including any issuing fees paid under subdivision 8 or section 84.027, subdivision 15, 
3.30 	paragraph (a), clause (3), or 86B.870, subdivision 1, paragraph (b), if the refund request 
3.31 	is received within 12 months 60 days of the original license or title, the license or title 
3.32 	is not used or transferred, and:
4.1 	(1) the watercraft was licensed or titled incorrectly by the commissioner or the 
4.2 	deputy registrar;
4.3 	(2) the customer was incorrectly charged a title fee; or
4.4 	(3) the watercraft was licensed or titled twice, once by the dealer and once by the 
4.5 	customer.

4.6 	Sec. 8. Minnesota Statutes 2008, section 97A.015, is amended by adding a subdivision 
4.7 	to read:
4.8 		Subd. 3b.Bow fishing. "Bow fishing" means taking rough fish by archery where 
4.9 	the arrows are tethered or controlled by an attached line.

4.10 	Sec. 9. Minnesota Statutes 2008, section 97A.051, subdivision 2, is amended to read:
4.11 		Subd. 2.Summary of fish and game laws. (a) The commissioner shall prepare a 
4.12 	summary of the hunting and fishing laws and rules and deliver a sufficient supply to 
4.13 	county auditors license vendors to furnish one copy to each person obtaining a hunting, 
4.14 	fishing, or trapping license.
4.15 	(b) At the beginning of the summary, under the heading "Trespass," the 
4.16 	commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945, 
4.17 	state that conservation officers and peace officers must enforce the trespass laws, and 
4.18 	state the penalties for trespassing. 
4.19 	(c) In the summary the commissioner shall, under the heading "Duty to Render Aid," 
4.20 	summarize the requirements under section 609.662 and state the penalties for failure to 
4.21 	render aid to a person injured by gunshot. 

4.22 	Sec. 10. Minnesota Statutes 2008, section 97A.095, subdivision 2, is amended to read:
4.23 		Subd. 2.Waterfowl feeding and resting areas. The commissioner may, by rule, 
4.24 	designate any part of a lake as a migratory feeding and resting area. Before designation, 
4.25 	the commissioner must receive a petition signed by at least ten local resident licensed 
4.26 	hunters describing the area of a lake that is a substantial feeding or resting area for 
4.27 	migratory waterfowl, and find that the statements in the petition are correct, and that 
4.28 	adequate, free public access to the lake exists near the designated area. The commissioner 
4.29 	shall post the area as a migratory waterfowl feeding and resting area. Except as authorized 
4.30 	in rules adopted by the commissioner, a person may not enter a posted migratory waterfowl 
4.31 	feeding and resting area, during a period when hunting of migratory waterfowl is allowed, 
4.32 	with watercraft or aircraft propelled by a motor, other than an electric motor of less than 
5.1 	30 pounds thrust with battery power of 12 volts or less. The commissioner may, by rule, 
5.2 	further restrict the use of electric motors in migratory waterfowl feeding and resting areas.

5.3 	Sec. 11. Minnesota Statutes 2008, section 97A.137, is amended by adding a 
5.4 	subdivision to read:
5.5 		Subd. 4.Exemption from certain local ordinances. (a) Wildlife management 
5.6 	areas that are established according to section 86A.05, subdivision 8; designated under 
5.7 	section 97A.133 or 97A.145; and 160 contiguous acres or larger are exempt from local 
5.8 	ordinances that limit the use and management of the unit as authorized by state law.
5.9 	(b) Wildlife management areas that are established according to section 86A.05, 
5.10 	subdivision 8; designated under section 97A.133 or 97A.145; and at least 40 contiguous 
5.11 	acres and less than 160 contiguous acres are exempt from local ordinances that:
5.12 	(1) restrict trapping;
5.13 	(2) restrict the discharge of archery equipment;
5.14 	(3) restrict the discharge of shotguns with shot sizes of F or .22 inch diameter or 
5.15 	smaller shot;
5.16 	(4) restrict noise;
5.17 	(5) require dogs on a leash; or
5.18 	(6) would in any manner restrict the management of the unit as authorized by 
5.19 	state law.

5.20 	Sec. 12. Minnesota Statutes 2008, section 97A.331, subdivision 2, is amended to read:
5.21 		Subd. 2.Shining. A person that violates section 97B.081, subdivision 1, relating to 
5.22 	the use of an artificial light to locate wild animals while in possession of a firearm, bow, or 
5.23 	other implement capable of killing big game is guilty of a gross misdemeanor.  

5.24 	Sec. 13. Minnesota Statutes 2008, section 97A.445, subdivision 1, is amended to read:
5.25 		Subdivision 1.Angling; Take a Kid Fishing Weekends. A resident over age 18 age 
5.26 	16 years or older may take fish by angling without an angling or fish house license during 
5.27 	one three-day consecutive period of the open water angling season and one three-day 
5.28 	consecutive period of the ice angling season designated by rule of the commissioner 
5.29 	if accompanied by a child who is under age 16. The commissioner shall publicize the 
5.30 	three-day periods as "Take a Kid Fishing Weekend" for the open water angling season and 
5.31 	"Take a Kid Ice Fishing Weekend" for the ice angling season.

6.1 	Sec. 14. Minnesota Statutes 2008, section 97A.445, is amended by adding a 
6.2 	subdivision to read:
6.3 		Subd. 1a.Angling in a state park. A resident may take fish by angling without 
6.4 	an angling license when shore fishing or wading on state-owned land within a state park. 
6.5 	When angling from a boat or float, this subdivision applies only to those water bodies 
6.6 	completely encompassed within the statutory boundary of the state park. The exemption 
6.7 	from an angling license does not apply to waters where a trout stamp is required.

6.8 	Sec. 15. Minnesota Statutes 2008, section 97A.451, is amended by adding a 
6.9 	subdivision to read:
6.10 		Subd. 1a.Angling; residents 90 years of age or older. A resident who is 90 years 
6.11 	of age or older may take fish without a license.

6.12 	Sec. 16. Minnesota Statutes 2008, section 97A.451, subdivision 2, is amended to read:
6.13 		Subd. 2.Residents under age 16; fishing. A resident under the age of 16 years 
6.14 	may take fish without a license. A person authorized to issue licenses must issue a license 
6.15 	to a resident under the age of 16 without a fee to net ciscoes and whitefish for personal 
6.16 	consumption under section 97A.475, subdivision 13.

6.17 	Sec. 17. Minnesota Statutes 2008, section 97A.465, subdivision 1b, is amended to read:
6.18 		Subd. 1b.Residents discharged from active service. (a) A resident who has served 
6.19 	at any time during the preceding 24 months in federal active service, as defined in section 
6.20 	190.05, subdivision 5c, outside the United States as a member of the National Guard, or as 
6.21 	a reserve component or active duty member of the United States armed forces and has 
6.22 	been discharged from active service may take small game and fish without a license if the 
6.23 	resident possesses official military discharge papers. The resident must obtain the seals, 
6.24 	tags, and coupons required of a licensee, which must be furnished without charge.
6.25 	(b) The commissioner shall issue, without fee, a deer license and an either-sex deer 
6.26 	permit to a resident who has served at any time during the preceding 24 months in federal 
6.27 	active service, as defined in section 190.05, subdivision 5c, outside the United States as a 
6.28 	member of the National Guard, or as a reserve component or active duty member of the 
6.29 	United States armed forces and has been discharged from active service. Eligibility under 
6.30 	this paragraph is limited to one license and one permit per resident.

6.31 	Sec. 18. Minnesota Statutes 2008, section 97A.465, subdivision 5, is amended to read:
6.32 		Subd. 5.Preference to service members. (a) For purposes of this subdivision:
7.1 	(1) "qualified service member or veteran" means a Minnesota resident who:
7.2 	(i) is currently serving, or has served at any time during the past 24 months, in active 
7.3 	service as a member of the United States armed forces, including the National Guard or 
7.4 	other military reserves;
7.5 	(ii) has received a Purple Heart medal for qualifying military service, as shown by 
7.6 	official military records; or
7.7 	(iii) has a service-connected disability rated at 70 percent or more as defined by the 
7.8 	United States Veterans Administration; and
7.9 	(2) "active service" means service defined under section 190.05, subdivision 5b or 5c.
7.10 	(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or 
7.11 	administrative rules, the commissioner may shall give first preference to qualified service 
7.12 	members or veterans in any drawing or lottery involving the selection of applicants for 
7.13 	hunting or fishing licenses, permits, and special permits. This subdivision does not 
7.14 	apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the 
7.15 	commissioner under this subdivision are not rules under the Administrative Procedure Act 
7.16 	and section 14.386 does not apply.

7.17 	Sec. 19. Minnesota Statutes 2008, section 97A.473, subdivision 1, is amended to read:
7.18 		Subdivision 1.Resident lifetime licenses authorized. (a) The commissioner may 
7.19 	issue a lifetime angling license, a lifetime spearing license, a lifetime angling and spearing 
7.20 	license, a lifetime small game hunting license, a lifetime firearm or archery deer hunting 
7.21 	license, or a lifetime sporting license or a lifetime sporting with spearing option license to 
7.22 	a person who is a resident of the state for at least one year or who is under age 21 and the 
7.23 	child of a person who is a resident of the state for at least one year. The license fees paid 
7.24 	for a lifetime license are nonrefundable.
7.25 	(b) The commissioner may require the holder of a lifetime license issued under this 
7.26 	section to notify the department each year that the license is used, by:
7.27 	(1) telephone or Internet notification, as specified by the commissioner;
7.28 	(2) the purchase of stamps for the license; or
7.29 	(3) registration and tag issuance, in the case of the resident lifetime deer license.

7.30 	Sec. 20. Minnesota Statutes 2008, section 97A.473, is amended by adding a 
7.31 	subdivision to read:
7.32 		Subd. 2a.Lifetime spearing license; fee. (a) A resident lifetime spearing license 
7.33 	authorizes a person to take fish by spearing in the state. The license authorizes those 
7.34 	activities authorized by the annual resident spearing license.
8.1 	(b) The fees for a resident lifetime spearing license are:
8.2 	(1) age 3 and under, $258;
8.3 	(2) age 4 to age 15, $320;
8.4 	(3) age 16 to age 50, $372; and
8.5 	(4) age 51 and over, $173.

8.6 	Sec. 21. Minnesota Statutes 2008, section 97A.473, is amended by adding a 
8.7 	subdivision to read:
8.8 		Subd. 2b.Lifetime angling and spearing license; fee. (a) A resident lifetime 
8.9 	angling and spearing license authorizes a person to take fish by angling or spearing in the 
8.10 	state. The license authorizes those activities authorized by the annual resident angling 
8.11 	and spearing licenses.
8.12 	(b) The fees for a resident lifetime angling and spearing license are:
8.13 	(1) age 3 and under, $485;
8.14 	(2) age 4 to age 15, $620;
8.15 	(3) age 16 to age 50, $755; and
8.16 	(4) age 51 and over, $376.

8.17 	Sec. 22. Minnesota Statutes 2008, section 97A.473, is amended by adding a 
8.18 	subdivision to read:
8.19 		Subd. 5a.Lifetime sporting with spearing option license; fee. (a) A resident 
8.20 	lifetime sporting with spearing option license authorizes a person to take fish by angling 
8.21 	or spearing and hunt and trap small game in the state. The license authorizes those 
8.22 	activities authorized by the annual resident angling, spearing, resident small game hunting, 
8.23 	and resident trapping licenses. The license does not include a trout and salmon stamp 
8.24 	validation, a turkey stamp validation, a walleye stamp validation, or any other hunting 
8.25 	stamps required by law.
8.26 	(b) The fees for a resident lifetime sporting license are:
8.27 	(1) age 3 and under, $615;
8.28 	(2) age 4 to age 15, $800;
8.29 	(3) age 16 to age 50, $985; and
8.30 	(4) age 51 and over, $586.

8.31 	Sec. 23. Minnesota Statutes 2008, section 97A.4742, subdivision 1, is amended to read:
8.32 		Subdivision 1.Establishment; purpose. The lifetime fish and wildlife trust fund 
8.33 	is established as a fund in the state treasury. All money received from the issuance of 
9.1 	lifetime angling, spearing, angling and spearing, small game hunting, deer hunting, and
9.2 	sporting, and sporting with spearing option licenses and earnings on the fund shall be 
9.3 	credited to the lifetime fish and wildlife trust fund.

9.4 	Sec. 24. Minnesota Statutes 2008, section 97A.475, subdivision 3, is amended to read:
9.5 		Subd. 3.Nonresident hunting. (a) Fees for the following licenses, to be issued 
9.6 	to nonresidents, are:
9.7 	(1) for persons age 18 or over to take small game, $73;
9.8 	(2) for persons age 18 or over to take deer with firearms during the regular firearms 
9.9 	season, $135;
9.10 	(3) for persons age 18 or over to take deer by archery, $135;
9.11 	(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader 
9.12 	season, $135;
9.13 	(5) to take bear, $195;
9.14 	(6) for persons age 18 and older to take turkey, $78;
9.15 	(7) for persons under age 18 to take turkey, $12;
9.16 	(8) to take raccoon or bobcat, $155;
9.17 	(9) multizone license to take antlered deer in more than one zone, $270; 
9.18 	(10) to take Canada geese during a special season, $4;
9.19 	(11) for persons under age 18 to take deer with firearms during the regular firearms 
9.20 	season in any open season option or time period, $13; 
9.21 	(12) for persons under age 18 to take deer by archery, $13; and
9.22 	(13) for persons under age 18 to take deer during the muzzleloader season, $13.
9.23 	(b) A $5 surcharge shall be added to nonresident hunting licenses issued under 
9.24 	paragraph (a), clauses (1) to (9). An additional commission may not be assessed on this 
9.25 	surcharge.

9.26 	Sec. 25. Minnesota Statutes 2008, section 97A.475, subdivision 7, is amended to read:
9.27 		Subd. 7.Nonresident fishing. (a) Fees for the following licenses, to be issued 
9.28 	to nonresidents, are:
9.29 	(1) to take fish by angling, $37.50;
9.30 	(2) to take fish by angling limited to seven consecutive days selected by the licensee, 
9.31 	$26.50;
9.32 	(3) to take fish by angling for a 72-hour period selected by the licensee, $22;
9.33 	(4) to take fish by angling for a combined license for a family for one or both parents 
9.34 	and dependent children under the age of 16, $50.50;
10.1 	(5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and
10.2 	(6) to take fish by angling for a combined license for a married couple, limited to 14 
10.3 	consecutive days selected by one of the licensees, $38.50; and
10.4 	(7) to take fish by spearing from a dark house, $37.50.
10.5 	(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses 
10.6 	issued under paragraph (a), clause (5). An additional commission may not be assessed 
10.7 	on this surcharge.

10.8 	Sec. 26. Minnesota Statutes 2008, section 97A.475, subdivision 11, is amended to read:
10.9 		Subd. 11.Fish houses and, dark houses, and shelters; residents. Fees for the 
10.10 	following licenses are:
10.11 	(1) annual for a fish house or, dark house, or shelter that is not rented, $11.50; 
10.12 	(2) annual for a fish house or, dark house, or shelter that is rented, $26;
10.13 	(3) three-year for a fish house or, dark house, or shelter that is not rented, $34.50; and
10.14 	(4) three-year for a fish house or, dark house, or shelter that is rented, $78.

10.15 	Sec. 27. Minnesota Statutes 2008, section 97A.475, subdivision 12, is amended to read:
10.16 		Subd. 12.Fish houses and shelters; nonresident. Fees for fish house and shelter
10.17 	licenses for a nonresident are:
10.18 	(1) annual, $33; 
10.19 	(2) seven consecutive days, $19; and
10.20 	(3) three-year, $99.

10.21 	Sec. 28. Minnesota Statutes 2008, section 97A.475, subdivision 29, is amended to read:
10.22 		Subd. 29.Private fish hatcheries. The fees for the following licenses to be issued 
10.23 	to residents and nonresidents are:
10.24 	(1) for a private fish hatchery, with annual sales under $200, $70;
10.25 	(2) for a private fish hatchery, with annual sales of $200 or more, $210 for the base 
10.26 	license. The commissioner must establish an additional fee based on the acreage of the 
10.27 	operation. Notwithstanding section 16A.1283, the commissioner may, by written order 
10.28 	published in the State Register, establish the additional fee required by this subdivision. 
10.29 	The fee is not subject to the rulemaking provisions of chapter 14 and section 14.386 
10.30 	does not apply; and
10.31 	(3) to take sucker eggs from public waters for a private fish hatchery, $400, plus 
10.32 	$6 for each quart in excess of 100 quarts.

11.1 	Sec. 29. Minnesota Statutes 2008, section 97A.525, subdivision 1, is amended to read:
11.2 		Subdivision 1.Residents Generally. A residentperson may transport wild animals 
11.3 	within the state by common carrier without being in the vehicle if the residentperson has 
11.4 	the license required to take the animals and they are shipped to the resident person or to a 
11.5 	licensed taxidermist, tanner, or fur buyer. The wild animals that may be transported 
11.6 	by common carrier are:
11.7 	(1) deer, bear, elk, and moose;
11.8 	(2) undressed game birds; and
11.9 	(3) fish.

11.10 	Sec. 30. Minnesota Statutes 2008, section 97B.081, is amended to read:
11.11 	97B.081 USING ARTIFICIAL LIGHTS TO LOCATE ANIMALS.
11.12 		Subdivision 1.With firearms and bows implements to take wild animals. (a)
11.13 	Except as provided in subdivision 3, a person may not cast the rays of a spotlight, 
11.14 	headlight, or other artificial light on a highway, or in a field, woodland, or forest, to spot, 
11.15 	locate, or take a wild animal, except while taking raccoons in accordance with section 
11.16 	97B.621, subdivision 3, or tending traps in accordance with section 97B.931, while 
11.17 	having in possession, either individually or as one of a group of persons, a firearm, bow, 
11.18 	or other implement that could be used to kill take big game, small game, or unprotected 
11.19 	wild animals. 
11.20 	(b) This subdivision does not apply to a firearm that is:
11.21 	(1) unloaded;
11.22 	(2) in a gun case expressly made to contain a firearm that fully encloses the firearm 
11.23 	by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of 
11.24 	the firearm exposed; and
11.25 	(3) in the closed trunk of a motor vehicle.
11.26 	(c) This subdivision does not apply to a bow that is:
11.27 	(1) completely encased or unstrung; and
11.28 	(2) in the closed trunk of a motor vehicle.
11.29 	(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm 
11.30 	or bow must be placed in the rearmost location of the vehicle.
11.31 	(e) This subdivision does not apply to persons taking raccoons under section 
11.32 	97B.621, subdivision 3. 
11.33 	(f) This subdivision does not apply to a person hunting fox or coyote from January 1 
11.34 	to March 15 while using a handheld artificial light, provided that the person:
11.35 	(1) is on foot;
12.1 	(2) is using a shotgun;
12.2 	(3) is not within a public road right-of-way;
12.3 	(4) is using a handheld or electronic calling device; and
12.4 	(5) is not within 200 feet of a motor vehicle.
12.5 		Subd. 2.Without firearms implements to take wild animals. (a) Between the 
12.6 	hours of 10:00 p.m. and 6:00 a.m. from September 1 to December 31, Except as provided 
12.7 	in subdivision 3, from two hours after sunset until sunrise, a person may not cast the rays 
12.8 	of a spotlight, headlight, or other artificial light on a highway, or in a field, woodland, 
12.9 	or forest to spot, or locate, or take a wild animal except to take raccoons under section 
12.10 	97B.621, subdivision 3, or to tend traps under section 97B.931. 
12.11 	(b) Between one-half hour after sunset until sunrise, Except as provided in 
12.12 	subdivision 3, a person may not cast the rays of a spotlight, headlight, or other artificial 
12.13 	light to spot, locate, or take a wild animal on fenced, agricultural land containing 
12.14 	livestock, as defined in section 17A.03, subdivision 5, or poultry that is marked with signs 
12.15 	prohibiting the shining of lights. The signs must:
12.16 	(1) display reflectorized letters that are at least two inches in height and state "no 
12.17 	shining" or similar terms; and
12.18 	(2) be placed at intervals of 1,000 feet or less along the boundary of the area.
12.19 	(c) It is not a violation of paragraph (a) or (b) for a person to carry out any 
12.20 	agricultural, occupational, or recreational practice, including snowmobiling that is not 
12.21 	related to spotting, locating, or taking a wild animal.
12.22 	(d) Between the hours of 6:00 p.m. and 6:00 a.m. (c) Except as provided in 
12.23 	subdivision 3, a person may not project a spotlight or handheld cast an artificial light onto 
12.24 	residential property or building sites from a moving motor vehicle being operated on 
12.25 	land, except for the following purposes:
12.26 	(1) safety;
12.27 	(2) emergency response;
12.28 	(3) normal vehicle operations; or
12.29 	(4) performing an occupational duty.
12.30 	(d) Except as provided in subdivision 3, a person may not at any time cast the rays of 
12.31 	a spotlight, headlight, or other artificial light onto property posted with signs prohibiting 
12.32 	the shining of lights onto the property. When signs are posted, the signs shall display 
12.33 	letters that are at least two inches in height and state "no shining" or similar terms and 
12.34 	shall be placed at intervals of 500 feet or less along the boundary of the property.
12.35 		Subd. 3.Exceptions. (a) It is not a violation of this section for a person to:
13.1 	(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons 
13.2 	according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;
13.3 	(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial 
13.4 	light, provided that the person is:
13.5 	(i) on foot;
13.6 	(ii) using a shotgun;
13.7 	(iii) not within a public road right-of-way;
13.8 	(iv) using a handheld or electronic calling device; and 
13.9 	(v) not within 200 feet of a motor vehicle; or
13.10 	(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game 
13.11 	animals, provided that the person is:
13.12 	(i) on foot; and
13.13 	(ii) not in possession of a firearm or bow.
13.14 	(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, 
13.15 	headlight, or other artificial light to:
13.16 	(1) carry out any agricultural, safety, emergency response, normal vehicle operation, 
13.17 	or occupational-related activities that do not involve taking wild animals; or
13.18 	(2) carry out outdoor recreation as defined in section 97B.001 that is not related to 
13.19 	spotting, locating, or taking a wild animal.

13.20 	Sec. 31. Minnesota Statutes 2008, section 97B.086, is amended to read:
13.21 	97B.086 POSSESSION OF NIGHT VISION EQUIPMENT.
13.22 	(a) A person may not possess night vision goggle equipment while taking wild 
13.23 	animals or while having in possession, either individually or as one of a group of persons, 
13.24 	a firearm, bow, or other implement that could be used to take wild animals.
13.25 	(b) This section does not apply to a firearm that is:
13.26 	(1) unloaded;
13.27 	(2) in a gun case expressly made to contain a firearm that fully encloses the firearm 
13.28 	by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of 
13.29 	the firearm exposed; and
13.30 	(3) in the closed trunk of a motor vehicle.
13.31 	(c) This section does not apply to a bow that is:
13.32 	(1) completely encased or unstrung; and
13.33 	(2) in the closed trunk of a motor vehicle.
13.34 	(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm 
13.35 	or bow must be placed in the rearmost location of the vehicle.
14.1 	(e) This section does not apply to night vision goggle equipment possessed by peace 
14.2 	officers or military personnel while exercising their duties.

14.3 	Sec. 32. Minnesota Statutes 2008, section 97B.111, subdivision 1, is amended to read:
14.4 		Subdivision 1.Establishment; requirements. The commissioner may establish 
14.5 	criteria, special seasons, and limits for persons who have a physical disability to take big 
14.6 	game and small game with firearms and by archery in designated areas. A person hunting 
14.7 	under this section who has a physical disability must have a verified statement of the 
14.8 	disability by a licensed physician and must be participating in a program for physically 
14.9 	disabled hunters sponsored by a nonprofit organization that is permitted under subdivision 
14.10 	2. Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt 
14.11 	participants to shoot from a stationary motor vehicle. A license is not required for a person 
14.12 	to assist a physically disabled person hunting during a special season under this section.

14.13 	Sec. 33. Minnesota Statutes 2008, section 97B.328, subdivision 3, is amended to read:
14.14 		Subd. 3.Definition. For purposes of this section, "bait or feed" includes grains, 
14.15 	fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer 
14.16 	and that has been placed by a person. Liquid scents, salt, and minerals, and bird feeders 
14.17 	containing grains or nuts that are at least six feet above the ground are not bait or feed. 
14.18 	Unharvested food resulting from normal or accepted farming, forest management, wildlife 
14.19 	food plantings, orchard management, or other similar land management activities is not 
14.20 	bait or feed.

14.21 	Sec. 34. Minnesota Statutes 2008, section 97B.651, is amended to read:
14.22 	97B.651 UNPROTECTED MAMMALS AND BIRDS.
14.23 		Subdivision 1.Taking unprotected mammals and birds. Mammals that are 
14.24 	unprotected wild animals and unprotected birds may be taken at any time and in any 
14.25 	manner, except with artificial lights, or by using a motor vehicle in violation of section 
14.26 	97B.091. Poison may not be used to take unprotected mammals or unprotected birds 
14.27 	unless the safety of humans and domestic livestock is ensured. Unprotected mammals and 
14.28 	unprotected birds may be possessed, bought, sold, or transported in any quantity, except 
14.29 	importation or exportation is restricted as provided in subdivision 2. 
14.30 		Subd. 2.Importing and exporting live coyotes. A person may not export a live 
14.31 	coyote out of the state or import a live coyote into the state unless authorized under a 
14.32 	permit from the commissioner.

15.1 	Sec. 35. Minnesota Statutes 2008, section 97B.811, subdivision 2, is amended to read:
15.2 		Subd. 2.Hours for placing decoys. Except as provided in subdivisions 3 and 4, a 
15.3 	person may not place decoys in public waters or on public lands more than one hour two 
15.4 	hours before lawful shooting hours for waterfowl.

15.5 	Sec. 36. Minnesota Statutes 2008, section 97B.811, subdivision 3, is amended to read:
15.6 		Subd. 3.Restrictions on leaving decoys unattended. During the open season for 
15.7 	waterfowl, a person may not leave decoys in public waters between sunset and one hour
15.8 	two hours before lawful shooting hours or leave decoys unattended during other times for 
15.9 	more than four three consecutive hours unless:
15.10 	(1) the decoys are in waters adjacent to private land under the control of the hunter; 
15.11 	and
15.12 	(2) there is not natural vegetation growing in water sufficient to partially conceal 
15.13 	a hunter.

15.14 	Sec. 37. Minnesota Statutes 2008, section 97C.081, subdivision 2, is amended to read:
15.15 		Subd. 2.Contests without a permit. A person may conduct a fishing contest 
15.16 	without a permit from the commissioner provided:
15.17 	(1) the following criteria are met:
15.18 	(i) there are 30 participants 25 boats or less for open water contests and 150 
15.19 	participants or less for ice fishing contests;
15.20 	(ii) the entry fee is $25 per person or less;
15.21 	(iii) the total prize value is $25,000 or less; and
15.22 	(iv) the contest is not limited to trout species only;
15.23 	(2) the following criteria are met:
15.24 	(i) the contest is not limited to specifically named waters; and
15.25 	(ii) the contest is not limited to trout species only; or
15.26 	(3) all the contest participants are age 18 years or under;
15.27 	(4) the contest is limited to rough fish; or
15.28 	(5) the total prize value is $500 or less.

15.29 	Sec. 38. Minnesota Statutes 2008, section 97C.081, subdivision 3, is amended to read:
15.30 		Subd. 3.Contests requiring a permit. (a) A person must have a permit from the 
15.31 	commissioner to conduct a fishing contest that does not meet the criteria in subdivision 
15.32 	2. The commissioner shall charge a fee for the permit that recovers the costs of issuing 
15.33 	the permit and of monitoring the activities allowed by the permit. The commissioner 
16.1 	may waive the fee under this subdivision for a charitable organization. Notwithstanding 
16.2 	section 16A.1283, the commissioner may, by written order published in the State Register, 
16.3 	establish contest permit fees. The fees are not subject to the rulemaking provisions of 
16.4 	chapter 14 and section 14.386 does not apply.
16.5 	(b) If entry fees are over $25 per person, or total prizes are valued at more than 
16.6 	$25,000, and if the applicant has either:
16.7 	(1) not previously conducted a fishing contest requiring a permit under this 
16.8 	subdivision; or
16.9 	(2) ever failed to make required prize awards in a fishing contest conducted by 
16.10 	the applicant, the commissioner may require the applicant to furnish the commissioner 
16.11 	evidence of financial responsibility in the form of a surety bond or bank letter of credit in 
16.12 	the amount of $25,000.
16.13 	(c) The permit fee for any individual contest may not exceed the following amounts:
16.14 	(1) $120 $60 for an open water contest not exceeding 100 participants 50 boats and 
16.15 	without off-site weigh-in;
16.16 	(2) $400 $200 for an open water contest with more than 100 participants 50 boats
16.17 	and without off-site weigh-in;
16.18 	(3) $500 $250 for an open water contest not exceeding 100 participants 50 boats
16.19 	with off-site weigh-in;
16.20 	(4) $1,000 $500 for an open water contest with more than 100 participants 50 boats
16.21 	with off-site weigh-in; or
16.22 	(5) $120 for an ice fishing contest with more than 150 participants.

16.23 	Sec. 39. Minnesota Statutes 2008, section 97C.081, subdivision 4, is amended to read:
16.24 		Subd. 4.Restrictions. (a) The commissioner may by rule establish restrictions on 
16.25 	fishing contests to protect fish and fish habitat, to restrict activities during high use periods, 
16.26 	to restrict activities that affect research or management work, to restrict the number of 
16.27 	boats, and for the safety of contest participants.
16.28 	(b) By March 1, 2011, the commissioner shall develop a best practices certification 
16.29 	program for fishing contest organizers to ensure the proper handling and release of fish.

16.30 	Sec. 40. Minnesota Statutes 2008, section 97C.081, subdivision 6, is amended to read:
16.31 		Subd. 6.Permit application process. (a) Beginning August 1 each year, the 
16.32 	commissioner shall accept permit applications for fishing contests to be held in the 
16.33 	following year.
17.1 	(b) If the number of permit applications received by the commissioner from August 
17.2 	1 through the last Friday in September exceeds the limits specified in subdivisions 7 and 8, 
17.3 	the commissioner shall notify the affected applicants that their requested locations and 
17.4 	time period are subject to a drawing. After notification, the commissioner shall allow 
17.5 	the affected applicants a minimum of seven days to change the location or time period 
17.6 	requested on their applications, provided that the change is not to a location or time period 
17.7 	for which applications are already at or above the limits specified in subdivisions 7 and 8.
17.8 	(c) After the applicants have been given at least seven days to change their 
17.9 	applications, the commissioner shall conduct a drawing for all locations and time periods 
17.10 	for which applications exceed limits. First preference in the drawings shall be given 
17.11 	to applicants for established or traditional fishing contests, and second preference to 
17.12 	applicants for contests that are not established as traditional fishing contests based on the 
17.13 	number of times they have been unsuccessful in previous drawings. Except for applicants 
17.14 	of established or traditional fishing contests, an applicant who is successful in a drawing 
17.15 	loses all accumulated preference. "Established or traditional fishing contest" means a 
17.16 	fishing contest that was issued permits in 1999 and 2000 or was issued permits four out of 
17.17 	five years from 1996 to 2000 for the same lake and time period. Beginning with 2001, 
17.18 	established or traditional fishing contests must continue to be conducted at least four out 
17.19 	of five years for the same lake and time period to remain established or traditional.
17.20 	(d) The commissioner has until November 7 to approve or deny permit applications 
17.21 	that are submitted by 4:30 p.m. on the last Friday in September. The commissioner 
17.22 	may approve a permit application that is received after 4:30 p.m. on the last Friday 
17.23 	in September if approving the application would not result in exceeding the limits in 
17.24 	subdivisions 7 and 8.
17.25 	(e) The commissioner shall develop an online Web-based fishing contest permit 
17.26 	application process.

17.27 	Sec. 41. Minnesota Statutes 2008, section 97C.081, subdivision 9, is amended to read:
17.28 		Subd. 9.Permit restrictions. (a) The commissioner may require fishing contest 
17.29 	permittees to limit prefishing to week days only as a condition of a fishing contest permit. 
17.30 	The commissioner may require proof from permittees that prefishing restrictions on the 
17.31 	permit are communicated to fishing contest participants and enforced.
17.32 	(b) The commissioner may require permit restrictions on the hours that a permitted 
17.33 	fishing contest is conducted, including, but not limited to, starting and ending times.
17.34 	(c) The commissioner may require permit restrictions on the number of parking 
17.35 	spaces that may be used on a state-owned public water access site. The commissioner may 
18.1 	require proof from permittees that parking restrictions on the permit are communicated to 
18.2 	fishing contest participants and enforced.
18.3 	(d) To prevent undue mortality of released fish, the commissioner may require 
18.4 	restrictions for off-site weigh-ins and live releases on a fishing contest permit or may deny 
18.5 	permits requesting an off-site weigh-in or live release. The commissioner may allow for 
18.6 	live release weigh-ins at public accesses.
18.7 	(e) A person may not transfer a fishing contest permit to another person.
18.8 	(f) Failure to comply with fishing contest permit restrictions may be considered 
18.9 	grounds for denial of future permit applications.

18.10 	Sec. 42. Minnesota Statutes 2008, section 97C.335, is amended to read:
18.11 	97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.
18.12 	(a) A person may not use artificial lights to lure or attract fish or to see fish in the 
18.13 	water while spearing, except that while angling or spearing, a person may:
18.14 	(1) affix a lighted artificial bait with hooks attached to the end of a fishing line; or
18.15 	(2) use a lighted decoy for spearing.
18.16 	Any(b) A battery that is used in lighted fishing lures cannot must not contain any 
18.17 	intentionally introduced mercury.
18.18 	(c) The restrictions in paragraph (a) do not apply to bow fishing.

18.19 	Sec. 43. Minnesota Statutes 2008, section 97C.345, subdivision 2, is amended to read:
18.20 		Subd. 2.Possession. (a) Except as specifically authorized, a person may not possess 
18.21 	a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any 
18.22 	waters. Possession includes personal possession and in a vehicle.
18.23 	(b) A person may possess spears, dip nets, bows and arrows, and spear guns allowed 
18.24 	under section 97C.381 on or near waters between sunrise and sunset from May 1 to the 
18.25 	last Sunday in February, or as otherwise prescribed by the commissioner.

18.26 	Sec. 44. Minnesota Statutes 2008, section 97C.371, is amended by adding a 
18.27 	subdivision to read:
18.28 		Subd. 5.Nonresidents. Nonresidents may spear from a fish house or dark house.

18.29 	Sec. 45. Minnesota Statutes 2008, section 97C.375, is amended to read:
18.30 	97C.375 TAKING ROUGH FISH BY SPEARING OR ARCHERY.
18.31 	A resident or nonresident may take rough fish by spearing or archery during the 
18.32 	times, in waters, and in the manner prescribed by the commissioner.

19.1 	Sec. 46. [97C.376] BOW FISHING.
19.2 		Subdivision 1.Season. The bow fishing season for residents and nonresidents is 
19.3 	from May 1 to the last Sunday in February at any time of the day.
19.4 		Subd. 2.Possession of bows and arrows. A person may possess bows and arrows 
19.5 	on or near waters at any time from May 1 to the last Sunday in February. A person must 
19.6 	take reasonable measures to retrieve arrows and wounded fish.
19.7 		Subd. 3.Nighttime restrictions on motors. From sunset to sunrise, a person bow 
19.8 	fishing with a gasoline-powered motor must use a four-stroke engine. The noise limits 
19.9 	for total noise while bow fishing from sunset to sunrise shall not exceed a noise level 
19.10 	of 65 decibels on the A scale measured at a distance of 50 feet from the motorboat or 
19.11 	equivalent noise levels at other distances as specified by the commissioner in a pass-by 
19.12 	test or 67 decibels on the A scale measured at idle in a stationary test at least four feet 
19.13 	above the water and at least four feet behind the transom of the motorboat being tested. 
19.14 	The noise levels under section 86B.321 apply to persons traveling to and from bow fishing 
19.15 	sites from sunset to sunrise.
19.16 		Subd. 4.Discharge ordinances; Mississippi and Minnesota Rivers.
 19.17 	Notwithstanding any law, rule, or local ordinance to the contrary, a person may discharge 
19.18 	an arrow while bow fishing in the Mississippi and Minnesota Rivers.
19.19 		Subd. 5.Nighttime structure and campground setback requirements. A person 
19.20 	shall not discharge an arrow while bow fishing within 150 feet of an occupied structure 
19.21 	or within 300 feet of a campsite from sunset to sunrise.
19.22 		Subd. 6.Prohibition on returning rough fish to waters. Rough fish taken by bow 
19.23 	fishing shall not be returned to the water and rough fish may not be left on the banks 
19.24 	of any water of the state.

19.25 	Sec. 47. RULEMAKING.
 19.26 	(a) The commissioner of natural resources shall adopt or amend rules to establish 
19.27 	minimum size limits for muskellunge on inland waters consistent with the provisions 
19.28 	of this section. The commissioner must:
19.29 	(1) establish a 48-inch statewide minimum size restriction for muskellunge and 
19.30 	muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause 
19.31 	(2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota, 
19.32 	Hennepin, Ramsey, Scott, and Washington Counties; and
19.33 	(2) establish a 40-inch minimum size restriction for muskellunge-northern pike 
19.34 	hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and 
19.35 	Washington Counties:

20.1		LAKE
	COUNTY
	
20.2		Bryant
	Hennepin
	
20.3		Bush
	Hennepin
	
20.4		Calhoun
	Hennepin
	
20.5		Cedar
	Hennepin
	
20.6		Cedar
	Scott
	
20.7		Clear
	Washington
	
20.8		Crystal
	Dakota
	
20.9		Crystal
	Hennepin
	
20.10		Eagle
	Carver
	
20.11		Elmo
	Washington
	
20.12		Gervais
	Ramsey
	
20.13		Island
	Ramsey
	
20.14		Isles
	Hennepin
	
20.15		Johanna
	Ramsey
	
20.16		Nokomis
	Hennepin
	
20.17		Orchard
	Dakota
	
20.18		Phalen
	Ramsey
	
20.19		Pierson
	Carver
	
20.20		Silver
	Ramsey
	
20.21		Wasserman
	Carver
	
20.22		Weaver
	Hennepin
	
20.23 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
20.24 	section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 
20.25 	14.386, does not apply except as provided in Minnesota Statutes, section 14.388.

20.26 	Sec. 48. TEMPORARY WARNING REQUIREMENTS; SHINING WITHOUT 
20.27 	IMPLEMENTS TO TAKE WILD ANIMALS.
 20.28 	A violation prior to August 1, 2010, of Minnesota Statutes, section 97B.081, 
20.29 	subdivision 2, shall not result in a penalty, but is punishable only by a warning.

20.30 	Sec. 49. ZONE 3 DEER SEASON AND RESTRICTIONS; 2009.
 20.31 	For the 2009 deer season, notwithstanding rules of the commissioner of natural 
20.32 	resources under Minnesota Statutes, section 97B.311, paragraph (a), the commissioner 
20.33 	shall allow a nine-day early A season in Zone 3 beginning the Saturday nearest November 
20.34 	6 and a nine-day late B season in Zone 3 beginning the Saturday nearest November 20. 
20.35 	During the last two days of the 2009 early A season, a person must take only antlered 
20.36 	deer with at least two points, unless the person has taken an antlerless deer prior to 
20.37 	taking the antlered deer during the early A season in Zone 3. Party hunting for antlered 
20.38 	deer under Minnesota Statutes, section 97B.301, subdivision 3, is not allowed in the last 
21.1 	two days of the 2009 early A season in Zone 3. Zone 3 is defined in Minnesota Rules, 
21.2 	part 6232.1400, subpart 3.

21.3 	Sec. 50.  REPEALER.
 21.4 	Minnesota Statutes 2008, sections 97A.525, subdivision 2; and 97C.405, are 
21.5 	repealed.