HF 3124

2nd Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to game and fish; modifying aquaculture provisions; modifying 1.3provisions for taking, possessing, and transporting wild animals; modifying 1.4requirements for fish and wildlife management plans; modifying game and 1.5fish license provisions;amending Minnesota Statutes 2008, sections 17.4982, 1.6subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994; 1.784.942, subdivision 1; 84D.03, subdivision 3; 84D.11, subdivision 2a; 97A.015, 1.8subdivision 52; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.331, 1.9subdivision 4; 97A.345; 97A.405, subdivision 2; 97A.421, subdivision 4a; 1.1097A.433, by adding a subdivision; 97A.435, subdivisions 1, 4; 97A.502; 1.1197A.535, subdivision 2a; 97A.545, subdivision 5; 97B.022, subdivision 2; 1.1297B.031, subdivision 5; 97B.075; 97B.106, subdivision 1; 97B.325; 97B.405; 1.1397B.515, by adding a subdivision; 97B.911; 97B.915; 97B.921; 97B.925; 1.1497C.005, subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.315, subdivision 1.151; 97C.341; Minnesota Statutes 2009 Supplement, sections 84.95, subdivision 1.162; 97A.445, subdivision 1a; 97B.055, subdivision 3; 97B.811, subdivision 3; 1.17proposing coding for new law in Minnesota Statutes, chapters 17; 97B; 348; 1.18repealing Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, 4; 1.1997A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97B.811, subdivision 1.204. 1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22    Section 1. Minnesota Statutes 2008, section 17.4982, is amended by adding a 1.23subdivision to read: 1.24     new text begin Subd. 10a. new text end new text begin Fish collector. new text end new text begin "Fish collector" means an individual who has been new text end 1.25 new text begin certified under section 17.4989 to oversee the collection of fish samples from a facility or new text end 1.26 new text begin a water body for disease testing by a certified laboratory. new text end 1.27    Sec. 2. Minnesota Statutes 2008, section 17.4982, subdivision 12, is amended to read: 1.28    Subd. 12. Fish health inspection. new text begin (a) new text end "Fish health inspection" means an on-site, 1.29statistically based sampling new text begin , collection, and testing of fish new text end in accordance with processes 2.1in the Fish Health Blue Book for all lots of fish in a facility new text begin or the Diagnostic Manual new text end 2.2 new text begin for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE) new text end 2.3 new text begin to test for causative pathogens. The samples for inspection must be collected by a fish new text end 2.4 new text begin health inspector or a fish collector in cooperation with the producer. Testing of samples new text end 2.5 new text begin must be done by an approved laboratory new text end . 2.6 new text begin (b) new text end The inspection new text begin for viral hemorrhagic septicemia (VHS), infectious pancreatic new text end 2.7 new text begin necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in new text end 2.8 new text begin nonsalmonids new text end must include at least new text begin a minimum new text end viral testing of ovarian fluids at the 95 2.9percent confidence level of detecting two percent incidence of disease (ovarian fluids must 2.10be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic 2.11necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a 2.12five percent incidence of disease. The inspection must be performed by a fish health 2.13inspector in cooperation with the producer with subsequent examination of the collected 2.14tissues and fluids for the detection of certifiable diseases. 2.15 new text begin (c) The inspection for certifiable diseases for wild fish must follow the guidelines of new text end 2.16 new text begin the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases. new text end 2.17    Sec. 3. new text begin [17.4989] FISH SAMPLE COLLECTING. new text end 2.18     new text begin Subdivision 1. new text end new text begin Training. new text end new text begin Fish collector training may be offered by any organization new text end 2.19 new text begin or agency that has had its class and practicum syllabus approved by the commissioner. new text end 2.20 new text begin The class and practicum must include the following components: new text end 2.21 new text begin (1) accurate identification of licensed water bodies listed according to section new text end 2.22 new text begin 17.4984 and ensuring that collection is taking place at the correct site; new text end 2.23 new text begin (2) identification of fish internal organs; new text end 2.24 new text begin (3) fish dissection and sample preparation as identified by the Department of Natural new text end 2.25 new text begin Resources based on specific testing requirements or as outlined in the Fish Health new text end 2.26 new text begin Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the new text end 2.27 new text begin International Office of Epizootics (OIE); new text end 2.28 new text begin (4) recording and reporting data; new text end 2.29 new text begin (5) sample preparation and shipping; new text end 2.30 new text begin (6) a field collection site test to demonstrate mastery of the necessary skills, overseen new text end 2.31 new text begin by a certified fish health inspector; and new text end 2.32 new text begin (7) a certificate of successful completion signed by a certified fish health inspector new text end 2.33 new text begin on a form provided by the commissioner. new text end 2.34     new text begin Subd. 2. new text end new text begin Certification time period. new text end new text begin Fish collector certification is valid for five years new text end 2.35 new text begin and is not transferable. A person may renew certification only by successfully completing new text end 3.1 new text begin certification training. Certification shall be revoked if the certified person is convicted new text end 3.2 new text begin of violating any of the statutes or rules governing testing for aquatic species diseases. new text end 3.3 new text begin Certification may be suspended during an investigation associated with misconduct or new text end 3.4 new text begin violations of fish health testing and collection. The commissioner shall notify the person new text end 3.5 new text begin that certification is being revoked or suspended. new text end 3.6     new text begin Subd. 3. new text end new text begin Conflict of interest. new text end new text begin A fish collector may not oversee the collection of fish new text end 3.7 new text begin from a facility or a water body when the collector has a conflict of interest in connection new text end 3.8 new text begin with the outcome of the testing. new text end 3.9    Sec. 4. Minnesota Statutes 2008, section 17.4991, subdivision 3, is amended to read: 3.10    Subd. 3. Fish health inspection. (a) An aquatic farm propagating trout, salmon, new text begin new text end 3.11 new text begin salmonids new text end or catfish and having an effluent discharge from the aquatic farm into public 3.12waters must have a fish health inspection conducted at least once every 12 months by a 3.13certified fish health inspector. Testing must be conducted according to approved new text begin the Fish new text end 3.14 new text begin Health Blue Book new text end laboratory methods. 3.15 new text begin (b) An aquatic farm propagating any species on the viral hemorrhagic septicemia new text end 3.16 new text begin (VHS) susceptible list and having an effluent discharge from the aquatic farm into public new text end 3.17 new text begin waters must test for VHS virus using the guidelines of the Fish Health Blue Book or the new text end 3.18 new text begin Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of new text end 3.19 new text begin Epizootics (OIE). The commissioner may, by written order published in the State Register, new text end 3.20 new text begin prescribe alternative testing time periods and methods from those prescribed in the Fish new text end 3.21 new text begin Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that new text end 3.22 new text begin biosecurity measures will not be compromised. These alternatives are not subject to the new text end 3.23 new text begin rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner new text end 3.24 new text begin must provide reasonable notice to affected parties of any changes in testing requirements. new text end 3.25 new text begin (c) Results of fish health inspections must be provided to the commissioner for all new text end 3.26 new text begin fish that remain in the state. All data used to prepare and issue a fish health certificate must new text end 3.27 new text begin be maintained for three years by the issuing fish health inspector, approved laboratory, or new text end 3.28 new text begin accredited veterinarian. new text end 3.29(b) new text begin (d) new text end A health inspection fee must be charged based on each lot of fish sampled. 3.30The fee by check or money order payable to the Department of Natural Resources must 3.31be prepaid or paid at the time a bill or notice is received from the commissioner that the 3.32inspection and processing of samples is completed. 3.33(c) new text begin (e) new text end Upon receipt of payment and completion of inspection, the commissioner 3.34shall notify the operator and issue a fish health certificate. The certification must be made 3.35according to the Fish Health Blue Book by a person certified as a fish health inspector. 4.1(d) new text begin (f) new text end All aquatic life in transit or held at transfer stations within the state may 4.2be inspected by the commissioner. This inspection may include the collection of stock 4.3for purposes of pathological analysis. Sample size necessary for analysis will follow 4.4guidelines listed in the Fish Health Blue Book. 4.5(e) new text begin (g) new text end Salmonids and catfish must have a fish health inspection before being 4.6transported from a containment facility, unless the fish are being transported directly to 4.7an outlet for processing or other food purposes or unless the commissioner determines 4.8that an inspection is not needed. A fish health inspection conducted for this purpose need 4.9only be done on the lot or lots of fish that will be transported. The commissioner must 4.10conduct a fish health inspection requested for this purpose within five working days of 4.11receiving written notice. Salmonids and catfish may be immediately transported from a 4.12containment facility to another containment facility once a sample has been obtained for a 4.13health inspection or once the five-day notice period has expired. 4.14    Sec. 5. Minnesota Statutes 2008, section 17.4994, is amended to read: 4.1517.4994 SUCKER EGGS. 4.16Sucker eggs may be taken from public waters with a sucker egg license endorsement, 4.17which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres 4.18of licensed surface waters except that for intensive culture systems, sucker eggs may be 4.19taken at a rate of two quarts per 1,000 muskellunge fry being reared new text begin for the fee prescribed new text end 4.20 new text begin in section 97A.475, subdivision 29 new text end . The Taking of sucker eggs from public waters is 4.21subject to chapter 97C and may be supervised by the commissioner. new text begin The commissioner new text end 4.22 new text begin may limit the amount of sucker eggs that a person with a sucker egg license endorsement new text end 4.23 new text begin may take based on the number of sucker eggs taken historically by the licensee, new new text end 4.24 new text begin requests for eggs, and the condition of the spawning runs at those historical streams and new text end 4.25 new text begin rivers that have produced previous annual quotas. new text end 4.26    Sec. 6. Minnesota Statutes 2008, section 84.942, subdivision 1, is amended to read: 4.27    Subdivision 1. Preparation. The commissioner of natural resources shall prepare 4.28a comprehensive fish and wildlife management plan new text begin plans new text end designed to accomplish the 4.29policy of section 84.941. The comprehensive fish and wildlife management plan shall 4.30include a strategic plan as outlined in subdivision 2. The strategic plan must be completed 4.31by July 1, 1986. The management plan must also include the long-range and operational 4.32plans as described in subdivisions 3 and 4. The management plan must be completed by 4.33July 1, 1988. 5.1    Sec. 7. Minnesota Statutes 2009 Supplement, section 84.95, subdivision 2, is amended 5.2to read: 5.3    Subd. 2. Purposes and expenditures. Money from the reinvest in Minnesota 5.4resources fund may only be spent for the following fish and wildlife conservation 5.5enhancement purposes: 5.6(1) development and implementation of the comprehensive fish and wildlife 5.7management plan new text begin plans new text end under section 84.942; 5.8(2) implementation of the reinvest in Minnesota reserve program established by 5.9section 103F.515; 5.10(3) soil and water conservation practices to improve water quality, reduce soil 5.11erosion and crop surpluses; 5.12(4) enhancement or restoration of fish and wildlife habitat on lakes, streams, 5.13wetlands, and public and private forest lands; 5.14(5) acquisition and development of public access sites and recreation easements to 5.15lakes, streams, and rivers for fish and wildlife oriented recreation; 5.16(6) matching funds with government agencies, federally recognized Indian tribes and 5.17bands, and the private sector for acquisition and improvement of fish and wildlife habitat; 5.18(7) research and surveys of fish and wildlife species and habitat; 5.19(8) enforcement of natural resource laws and rules; 5.20(9) information and education; 5.21(10) implementing the aspen recycling program under section 88.80 and for other 5.22forest wildlife management projects; and 5.23(11) necessary support services to carry out these purposes. 5.24    Sec. 8. Minnesota Statutes 2008, section 84D.03, subdivision 3, is amended to read: 5.25    Subd. 3. Bait harvest from infested waters. (a) The Taking of wild animals from 5.26infested waters for bait or aquatic farm purposes is prohibited, except as provided in 5.27paragraph (b) new text begin and section 97C.341 new text end . 5.28(b) In waters that are designated as infested waters, except those designated because 5.29they contain prohibited invasive species of fish new text begin or certifiable diseases of fish as defined in new text end 5.30 new text begin section 17.4982, subdivision 6 new text end , the taking of wild animals may be permitted for: 5.31(1) commercial taking of wild animals for bait and aquatic farm purposes according 5.32to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and 5.33(2) bait purposes for noncommercial personal use in waters that contain Eurasian 5.34water milfoil, when the infested waters are designated solely because they contain 6.1Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow 6.2traps not exceeding 16 inches in diameter and 32 inches in length. 6.3 new text begin (c) Nets, traps, buoys, anchors, stakes, and lines used for minnow harvest in an new text end 6.4 new text begin infested water that is designated because it contains invasive fish, invasive invertebrates, new text end 6.5 new text begin or certifiable diseases, as defined in section 17.4982, may not be used in any other waters. new text end 6.6    Sec. 9. Minnesota Statutes 2008, section 84D.11, subdivision 2a, is amended to read: 6.7    Subd. 2a. Harvest of bait from infested waters. The commissioner may issue a 6.8permit to allow the harvest of bait new text begin : new text end 6.9     new text begin (1) new text end from waters that are designated as infested waters, except those designated 6.10because they contain prohibited invasive species of fish new text begin or certifiable diseases of fish as new text end 6.11 new text begin defined in section 17.4982, subdivision 6; and new text end 6.12     new text begin (2) from infested waters as allowed under section 97C.341, paragraph (c) new text end . 6.13    The permit shall include conditions necessary to avoid spreading aquatic invasive 6.14species. Before receiving a permit, a person annually must satisfactorily complete aquatic 6.15invasive species-related training provided by the commissioner. 6.16    Sec. 10. Minnesota Statutes 2008, section 97A.015, subdivision 52, is amended to read: 6.17    Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow, 6.18blackbird, starling, magpie, cormorant, common pigeon, new text begin Eurasian collared dove, new text end chukar 6.19partridge, quail other than bobwhite quail, and mute swan. 6.20    Sec. 11. Minnesota Statutes 2008, section 97A.101, subdivision 3, is amended to read: 6.21    Subd. 3. Fishing may not be restricted. Seasons or methods of taking fish new text begin other new text end 6.22 new text begin than minnows new text end may not be restricted under this section. 6.23    Sec. 12. Minnesota Statutes 2008, section 97A.311, subdivision 5, is amended to read: 6.24    Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not 6.25including any issuing fees paid under section 97A.485, subdivision 6, if new text begin the request is new text end 6.26 new text begin received within 90 days of the original license purchase and new text end : 6.27    (1) the licensee dies before the opening of the licensed season. The original license 6.28and a copy of the death certificate must be provided to the commissioner; 6.29    (2) the licensee is unable to participate in the licensed activity because the licensee is 6.30called to active military duty or military leave is canceled during the entire open season of 6.31the licensed activity. The original license and a copy of the military orders or notice of 6.32cancellation of leave must be provided to the commissioner; or 7.1    (3) the licensee purchased two licenses for the same license season in error. new text begin ; or new text end 7.2 new text begin (4) the licensee was not legally required to purchase the license to participate new text end 7.3 new text begin in the activity. new text end 7.4    (b) This subdivision does not apply to lifetime licenses. 7.5    Sec. 13. Minnesota Statutes 2008, section 97A.331, subdivision 4, is amended to read: 7.6    Subd. 4. Taking and possessing big game out of season. new text begin (a) new text end A person that takes or 7.7illegally possesses big game during the closed season is guilty of a gross misdemeanor. new text begin new text end 7.8 new text begin The restitution value for a trophy deer taken or illegally possessed during the closed new text end 7.9 new text begin season is according to paragraphs (b) to (d). new text end 7.10     new text begin (b) The restitution value for trophy deer shall be determined based on the animal's new text end 7.11 new text begin trophy score. The trophy score for deer shall be determined using the scoring system new text end 7.12 new text begin developed by the Boone and Crockett Club. new text end 7.13     new text begin (c) For typical trophy deer, the following restitution values, based on the Boone and new text end 7.14 new text begin Crockett Club score, are: new text end 7.15     new text begin (1) 135 or over and less than 160, $2,000; new text end 7.16     new text begin (2) 160 or over and less than 180, $3,000; new text end 7.17     new text begin (3) 180 or over and less than 200, $4,000; and new text end 7.18     new text begin (4) 200 or over, $5,000. new text end 7.19     new text begin (d) For nontypical trophy deer, the following restitution values, based on the Boone new text end 7.20 new text begin and Crockett Club score, are: new text end 7.21     new text begin (1) 160 or over and less than 185, $2,000; new text end 7.22     new text begin (2) 185 or over and less than 205, $3,000; new text end 7.23     new text begin (3) 205 or over and less than 225, $4,000; and new text end 7.24     new text begin (4) 225 or over, $5,000. new text end 7.25    Sec. 14. Minnesota Statutes 2008, section 97A.345, is amended to read: 7.2697A.345 RESTITUTION VALUE OF WILD ANIMALS. 7.27    (a) new text begin Except for trophy deer restitution values provided under section 97A.331, new text end 7.28 new text begin subdivision 4, new text end the commissioner may, by rules adopted under chapter 14, prescribe the 7.29dollar value to the state of species of wild animals. The value may reflect the value to 7.30other persons to legally take the wild animal, the replacement cost, or the intrinsic value 7.31to the state of the wild animals. Species of wild animals with similar values may be 7.32grouped together. 7.33    (b) The value of a wild animal under the rules adopted by the commissioner is prima 7.34facie evidence of a wild animal's value under section 97A.341. 8.1    (c) The commissioner shall report annually to the legislature the amount of restitution 8.2collected under section 97A.341 and the manner in which the funds were expended. 8.3    Sec. 15. Minnesota Statutes 2008, section 97A.405, subdivision 2, is amended to read: 8.4    Subd. 2. Personal possession. (a) A person acting under a license or traveling from 8.5an area where a licensed activity was performed must have in personal possession either: 8.6(1) the proper license, if the license has been issued to and received by the person; or (2) 8.7the proper license identification number or stamp validation, if the license has been sold to 8.8the person by electronic means but the actual license has not been issued and received. 8.9    (b) If possession of a license or a license identification number is required, a person 8.10must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 8.11license if the license has been issued to and received by the person; or (2) the proper 8.12license identification number or stamp validation and a valid state driver's license, state 8.13identification card, or other form of identification provided by the commissioner, if the 8.14license has been sold to the person by electronic means but the actual license has not been 8.15issued and received. A person charged with violating the license possession requirement 8.16shall not be convicted if the person produces in court or the office of the arresting officer, 8.17the actual license previously issued to that person, which was valid at the time of arrest, 8.18or satisfactory proof that at the time of the arrest the person was validly licensed. Upon 8.19request of a conservation officer or peace officer, a licensee shall write the licensee's name 8.20in the presence of the officer to determine the identity of the licensee. 8.21    (c) If the actual license has been issued and received, a receipt for license fees, a 8.22copy of a license, or evidence showing the issuance of a license, including the license 8.23identification number or stamp validation, does not entitle a licensee to exercise the rights 8.24or privileges conferred by a license. 8.25    (d) A license issued electronically and not immediately provided to the licensee 8.26shall be mailed to the licensee within 30 days of purchase of the license. A pictorial 8.27migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to 8.28the licensee after purchase of a stamp validation only if the licensee pays an additional $2 8.29fee new text begin that covers the costs of producing and mailing a pictorial stamp new text end . A pictorial turkey 8.30stamp may be purchased for a $2 fee new text begin that covers the costs of producing and mailing the new text end 8.31 new text begin pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written new text end 8.32 new text begin order published in the State Register, establish fees for providing the pictorial stamps. new text end 8.33 new text begin The fees must be set in an amount that does not recover significantly more or less than new text end 8.34 new text begin the cost of producing and mailing the stamps. The fees are not subject to the rulemaking new text end 8.35 new text begin provisions of chapter 14, and section 14.386 does not apply new text end . 9.1    Sec. 16. Minnesota Statutes 2008, section 97A.421, subdivision 4a, is amended to read: 9.2    Subd. 4a. Suspension for failure to appear in court or pay a fine or surcharge. 9.3When a court reports to the commissioner that a person (1) has failed to appear in court 9.4under the summons issued new text begin in response to a notice to appear or fails to comply with other new text end 9.5 new text begin orders of the court regarding the appearance or proceedings new text end for a violation of the game 9.6and fish laws or (2) has been convicted of violating a provision of the game and fish 9.7laws, has been sentenced to the payment of a fine or had a surcharge levied against them, 9.8and refused or failed to comply with that sentence or to pay the fine or surcharge, the 9.9commissioner shall suspend the game and fish license and permit privileges of the person 9.10until notified by the court that the person has appeared in court under clause (1) or that any 9.11fine or surcharge due the court has been paid under clause (2). 9.12    Sec. 17. Minnesota Statutes 2008, section 97A.433, is amended by adding a 9.13subdivision to read: 9.14     new text begin Subd. 5. new text end new text begin Mandatory separate selection. new text end new text begin The commissioner must conduct new text end 9.15 new text begin a separate selection for 20 percent of the elk licenses to be issued each year. Only new text end 9.16 new text begin individuals who have applied at least ten times for an elk license and who have never new text end 9.17 new text begin received a license are eligible for this separate selection. new text end 9.18    Sec. 18. Minnesota Statutes 2008, section 97A.435, subdivision 1, is amended to read: 9.19    Subdivision 1. Number of licenses to be issued new text begin License issuance new text end . The 9.20commissioner shall include in a rule setting the dates for a turkey season the number of 9.21licenses to be issued new text begin rules setting turkey seasons the methods for issuing licenses for new text end 9.22 new text begin those seasons new text end . 9.23    Sec. 19. Minnesota Statutes 2008, section 97A.435, subdivision 4, is amended to read: 9.24    Subd. 4. Separate selection of eligible licensees. (a) The commissioner may 9.25conduct a separate selection for up to 20 percent of the turkey licenses to be issued for any 9.26area. Only persons who are owners or tenants of and who live on at least 40 acres of land 9.27in the area, and their new text begin immediate new text end family members, are eligible applicants for turkey licenses 9.28for the separate selection. The qualifying land may be noncontiguous. Persons who are 9.29unsuccessful in a separate selection must be included in the selection for the remaining 9.30licenses. Persons who obtain a license in a separate selection must allow public turkey 9.31hunting on their land during that turkey season. A license issued under this subdivision is 9.32restricted to the permit area where the qualifying land is located. 10.1(b) The commissioner may by rule establish criteria for determining eligible family 10.2members under this subdivision. 10.3    Sec. 20. Minnesota Statutes 2009 Supplement, section 97A.445, subdivision 1a, 10.4is amended to read: 10.5    Subd. 1a. Angling in a state park. new text begin (a) new text end A resident may take fish by angling without 10.6an angling license new text begin : new text end 10.7 new text begin (1) new text end when shore fishing or wading on state-owned land within a state park. new text begin ; or new text end 10.8 new text begin (2) new text end when angling from a boat or float, this subdivision applies only to those new text begin or new text end 10.9 new text begin through the ice on new text end water bodies completely encompassed within the statutory boundary of 10.10the state park. 10.11 new text begin (b) new text end The exemption from an angling license does not apply to waters where a trout 10.12stamp is required. 10.13    Sec. 21. Minnesota Statutes 2008, section 97A.502, is amended to read: 10.1497A.502 DEER KILLED BY MOTOR VEHICLES. 10.15 new text begin (a) new text end Deer killed by a motor vehicle on a public road must be removed by the road 10.16authority, as defined by section 160.02, subdivision 25 new text begin , unless the driver of the motor new text end 10.17 new text begin vehicle is allowed to possess the deer under paragraph (b) new text end . The commissioner of natural 10.18resources must provide to all road authorities standard forms for statistical purposes and 10.19the tracking of wild animals. 10.20 new text begin (b) The driver of a motor vehicle that has collided with and killed a deer on a public new text end 10.21 new text begin road has priority for a possession permit for the entire deer if the facts indicate that the new text end 10.22 new text begin deer was not taken illegally. new text end 10.23    Sec. 22. Minnesota Statutes 2008, section 97A.535, subdivision 2a, is amended to read: 10.24    Subd. 2a. Quartering of deer allowed. A deer that has been tagged as required 10.25in subdivision 1 may be quartered at the site of the kill. The animal's head new text begin or genitalia new text end 10.26must remain attached to one of the quarters new text begin for male deer taken in a lottery deer area or new text end 10.27 new text begin areas with antler point restrictions the animal's head must remain attached to one of the new text end 10.28 new text begin quarters new text end . The quarters must be presented together for registration under subdivision 2 and 10.29must remain together until the deer is processed for storage. 10.30    Sec. 23. Minnesota Statutes 2008, section 97A.545, subdivision 5, is amended to read: 11.1    Subd. 5. Birds must be in undressed condition; exceptions. (a) Except as 11.2provided in paragraph (b), a person may ship or otherwise transport game birds in an 11.3undressed condition only. 11.4(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported: 11.5(1) were taken on a shooting preserve and are marked or identified in accordance 11.6with section 97A.121, subdivision 5; 11.7(2) were taken, dressed, and lawfully shipped or otherwise transported in another 11.8state; or 11.9(3) are migratory game birds that were lawfully tagged and packed by a federally 11.10permitted migratory bird preservation facility. new text begin ; or new text end 11.11 new text begin (4) are doves shipped or transported in accordance with federal law. new text end 11.12    Sec. 24. Minnesota Statutes 2008, section 97B.022, subdivision 2, is amended to read: 11.13    Subd. 2. Apprentice hunter validation requirements. A resident born after 11.14December 31, 1979, who is age 12 new text begin 13 new text end or older new text begin over new text end and who does not possess a new text begin hunter new text end 11.15 new text begin education new text end firearms safety certificate may be issued an apprentice hunter validation. An 11.16apprentice hunter validation is valid for only one new text begin two new text end license year new text begin years new text end in a lifetime. An 11.17individual in possession of an apprentice hunter validation may hunt small game and new text begin , new text end 11.18deer new text begin , and bear new text end only when accompanied by an adult licensed to hunt in Minnesota whose 11.19license was not obtained using an apprentice hunter validation. An apprentice hunter 11.20validation holder must obtain all required licenses and stamps. 11.21    Sec. 25. Minnesota Statutes 2008, section 97B.031, subdivision 5, is amended to read: 11.22    Subd. 5. Scopes; visually impaired hunters. (a) Notwithstanding any other law 11.23to the contrary, the commissioner may issue a special permit, without a fee, to use a 11.24muzzleloader with a scope to take deer during the muzzleloader season to a person who 11.25obtains the required licenses and who has a visual impairment. The scope may not have 11.26magnification capabilities. 11.27(b) The visual impairment must be to the extent that the applicant is unable to 11.28identify targets and the rifle sights at the same time without a scope. The visual impairment 11.29and specific conditions must be established by medical evidence verified in writing by new text begin new text end 11.30 new text begin (1) new text end a licensed physician, new text begin or a certified nurse practitioner or certified physician assistant new text end 11.31 new text begin acting under the direction of a licensed physician; (2) a licensed new text end ophthalmologist, new text begin ; new text end or new text begin (3) new text end 11.32 new text begin a licensed new text end optometrist. The commissioner may request additional information from the 11.33physician if needed to verify the applicant's eligibility for the permit. 12.1(c) A permit issued under this subdivision may be valid for up to five years, based 12.2on the permanence of the visual impairment as determined by the licensed physician, 12.3ophthalmologist, or optometrist. 12.4(d) The permit must be in the immediate possession of the permittee when hunting 12.5under the special permit. 12.6(e) The commissioner may deny, modify, suspend, or revoke a permit issued under 12.7this subdivision for cause, including a violation of the game and fish laws or rules. 12.8(f) A person who knowingly makes a false application or assists another in making 12.9a false application for a permit under this subdivision is guilty of a misdemeanor. A 12.10physician, new text begin certified nurse practitioner, certified physician assistant, new text end ophthalmologist, or 12.11optometrist who fraudulently certifies to the commissioner that a person is visually 12.12impaired as described in this subdivision is guilty of a misdemeanor. 12.13    Sec. 26. Minnesota Statutes 2009 Supplement, section 97B.055, subdivision 3, is 12.14amended to read: 12.15    Subd. 3. Hunting from vehicle by disabled hunters. (a) The commissioner may 12.16issue a special permit, without a fee, to discharge a firearm or bow and arrow from a 12.17stationary motor vehicle to a person who obtains the required licenses and who has a 12.18permanent physical disability that is more substantial than discomfort from walking. The 12.19permit recipient must be: 12.20(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or 12.21other mechanical support or prosthetic device; or 12.22(2) unable to walk any distance because of a permanent lung, heart, or other internal 12.23disease that requires the person to use supplemental oxygen to assist breathing. 12.24(b) The permanent physical disability must be established by medical evidence 12.25verified in writing by a licensed physician or new text begin , new text end chiropractor new text begin , or certified nurse practitioner new text end 12.26 new text begin or certified physician assistant acting under the direction of a licensed physician new text end . The 12.27commissioner may request additional information from the physician or chiropractor 12.28if needed to verify the applicant's eligibility for the permit. Notwithstanding section 12.2997A.418 , the commissioner may, in consultation with appropriate advocacy groups, 12.30establish reasonable minimum standards for permits to be issued under this section. In 12.31addition to providing the medical evidence of a permanent disability, the applicant must 12.32possess a valid disability parking certificate authorized by section 169.345 or license 12.33plates issued under section 168.021. 12.34(c) A person issued a special permit under this subdivision and hunting deer may 12.35take a deer of either sex, except in those antlerless permit areas and seasons where no 13.1antlerless permits are offered. This subdivision does not authorize another member of a 13.2party to take an antlerless deer under section 97B.301, subdivision 3. 13.3(d) A permit issued under this subdivision is valid for five years. 13.4(e) The commissioner may deny, modify, suspend, or revoke a permit issued under 13.5this section for cause, including a violation of the game and fish laws or rules. 13.6(f) A person who knowingly makes a false application or assists another in making a 13.7false application for a permit under this section is guilty of a misdemeanor. A physician new text begin , new text end 13.8 new text begin certified nurse practitioner, certified physician assistant, new text end or chiropractor who fraudulently 13.9certifies to the commissioner that a person is permanently disabled as described in this 13.10section is guilty of a misdemeanor. 13.11(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for 13.12the entire life of the applicant if the commissioner determines that there is no chance 13.13that an applicant will become ineligible for a permit under this section and the applicant 13.14requests a lifetime permit. 13.15    Sec. 27. Minnesota Statutes 2008, section 97B.075, is amended to read: 13.1697B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING. 13.17    (a) A person may not take protected wild animals, except raccoon and fox, with 13.18a firearm between the evening and morning times established by commissioner's rule, 13.19except as provided in this section. 13.20    (b) Big game may be taken from one-half hour before sunrise until one-half hour 13.21after sunset. 13.22    (c) Except as otherwise prescribed by the commissioner on or before the Saturday 13.23nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset 13.24during the entire season prescribed by the commissioner. On the opening day of the 13.25duck season, shooting hours for migratory game birds, except woodcock new text begin and doves new text end , 13.26begin at 9:00 a.m. 13.27    Sec. 28. Minnesota Statutes 2008, section 97B.106, subdivision 1, is amended to read: 13.28    Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may 13.29issue a special permit, without a fee, to take big game, small game, or rough fish with a 13.30crossbow to a person that is unable to hunt or take rough fish by archery because of a 13.31permanent or temporary physical disability. A crossbow permit issued under this section 13.32also allows the permittee to use a bow with a mechanical device that draws, releases, or 13.33holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a). 14.1    (b) To qualify for a crossbow permit under this section, a temporary disability 14.2must render the person unable to hunt or fish by archery for a minimum of two years 14.3after application for the permit is made. The permanent or temporary disability must 14.4be established by medical evidence, and the inability to hunt or fish by archery for the 14.5required period of time must be verified in writing by new text begin (1) new text end a licensed physician new text begin or a certified new text end 14.6 new text begin nurse practitioner or certified physician assistant acting under the direction of a licensed new text end 14.7 new text begin physician; new text end or new text begin (2) a licensed new text end chiropractor. A person who has received a special permit 14.8under this section because of a permanent disability is eligible for subsequent special 14.9permits without providing medical evidence and verification of the disability. 14.10    (c) The person must obtain the appropriate license. 14.11    Sec. 29. Minnesota Statutes 2008, section 97B.325, is amended to read: 14.1297B.325 DEER STAND RESTRICTIONS. 14.13A person may not take deer from a constructed platform or other structure that is 14.14located within the right-of-way of an improved public highway or is higher than 16 feet 14.15above the ground. The height restriction does not apply to a portable stand that is chained, 14.16belted, clamped, or tied with rope. 14.17    Sec. 30. Minnesota Statutes 2008, section 97B.405, is amended to read: 14.1897B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS. 14.19    (a) The commissioner may limit the number of persons that may hunt bear in an 14.20area, if it is necessary to prevent an overharvest or improve the distribution of hunters. 14.21The commissioner may establish, by rule, a method, including a drawing, to impartially 14.22select the hunters for an area. The commissioner shall give preference to hunters that have 14.23previously applied and have not been selected. 14.24    (b) In the case of a drawing, the commissioner shall allow a person to apply for a 14.25permit in more than one area at the same time and rank the person's choice of area. 14.26 new text begin (c) A person selected through a drawing must purchase a license by the Friday new text end 14.27 new text begin closest to July 31. Any remaining available licenses not purchased shall be issued new text end 14.28 new text begin beginning the following Wednesday to those who applied unsuccessfully. Any remaining new text end 14.29 new text begin available licenses not purchased by unsuccessful applicants may then be issued the new text end 14.30 new text begin following week beginning on Wednesday to any eligible person as prescribed by the new text end 14.31 new text begin commissioner on a first-come, first-served basis. new text end 14.32    Sec. 31. new text begin [97B.4251] BAITING BEAR; USE OF DRUM. new text end 15.1 new text begin Notwithstanding section 97B.425, a private landowner or person authorized by the new text end 15.2 new text begin private landowner may use a drum to bait bear on the person's private land. The drum new text end 15.3 new text begin must be securely chained or cabled to a tree so that it cannot be moved from the site by a new text end 15.4 new text begin bear and the drum may not include a mechanical device for dispensing feed. The drum new text end 15.5 new text begin must be marked with the name and address of the person who registered the bait site. For new text end 15.6 new text begin purposes of this section, "drum" means a 30 gallon or larger drum. new text end 15.7    Sec. 32. Minnesota Statutes 2008, section 97B.515, is amended by adding a 15.8subdivision to read: 15.9     new text begin Subd. 4. new text end new text begin Taking elk causing damage or nuisance. new text end new text begin The commissioner may new text end 15.10 new text begin authorize the taking of elk that are causing damage or nuisance by licensed hunters from new text end 15.11 new text begin September 1 to March 1 under rules prescribed by the commissioner. The commissioner new text end 15.12 new text begin may select and issue licenses to hunters from lists of license applicants based on their new text end 15.13 new text begin interest, proximity, and availability to quickly respond to the damage or nuisance situation. new text end 15.14 new text begin A person receiving a license to hunt elk under this subdivision is not subject to the new text end 15.15 new text begin requirements of section 97A.433, subdivision 2, clause (2), and does not lose eligibility new text end 15.16 new text begin for future elk hunts. new text end 15.17    Sec. 33. Minnesota Statutes 2009 Supplement, section 97B.811, subdivision 3, is 15.18amended to read: 15.19    Subd. 3. Restrictions on leaving decoys unattended. During the open season for 15.20waterfowl, a person may not leave decoys in public waters between sunset and two hours 15.21before lawful shooting hours or leave decoys unattended during other times for more than 15.22three consecutive hours unless: 15.23(1) the decoys are in waters adjacent to new text begin completely surrounded by new text end private land 15.24under the control of the hunter; and 15.25(2) there is not natural vegetation growing in water sufficient to partially conceal a 15.26hunter new text begin and there is no public access to the water new text end . 15.27    Sec. 34. Minnesota Statutes 2008, section 97B.911, is amended to read: 15.2897B.911 MUSKRAT SEASONS. 15.29 new text begin (a) Except as provided in paragraph (b), new text end the commissioner may establish open 15.30seasons and restrictions for taking muskrat. 15.31 new text begin (b) The fall open season for muskrat shall begin the third Saturday in October in new text end 15.32 new text begin the forest trapping zone. new text end 16.1    Sec. 35. Minnesota Statutes 2008, section 97B.915, is amended to read: 16.297B.915 MINK SEASONS. 16.3 new text begin (a) Except as provided in paragraph (b), new text end the commissioner may establish open 16.4seasons and restrictions for taking mink. 16.5 new text begin (b) The fall open season for mink shall begin the third Saturday in October in the new text end 16.6 new text begin forest trapping zone. new text end 16.7    Sec. 36. Minnesota Statutes 2008, section 97B.921, is amended to read: 16.897B.921 OTTER SEASONS. 16.9 new text begin (a) Except as provided in paragraph (b), new text end the commissioner may establish open 16.10seasons and restrictions for taking otter. 16.11 new text begin (b) The fall open season for otter shall begin the third Saturday in October in the new text end 16.12 new text begin forest trapping zone. new text end 16.13    Sec. 37. Minnesota Statutes 2008, section 97B.925, is amended to read: 16.1497B.925 BEAVER SEASONS. 16.15 new text begin (a) Except as provided in paragraph (b), new text end the commissioner may establish open 16.16seasons and restrictions for taking beaver. 16.17 new text begin (b) The fall open season for beaver shall begin the third Saturday in October in new text end 16.18 new text begin the forest trapping zone. new text end 16.19    Sec. 38. new text begin [97B.927] INCIDENTAL TAKINGS. new text end 16.20 new text begin A person who incidentally takes a muskrat or otter in a beaver trap during the beaver new text end 16.21 new text begin season shall tag the animal with the person's name, license number, and the date, time, new text end 16.22 new text begin and place where the animal was taken. The person must notify a conservation officer no new text end 16.23 new text begin later than 24 hours after the taking. The person shall give the pelt of the animal to the new text end 16.24 new text begin Minnesota Trappers Association. All proceeds from the sale of the pelts must be used to new text end 16.25 new text begin support the association's education efforts. new text end 16.26    Sec. 39. Minnesota Statutes 2008, section 97C.005, subdivision 3, is amended to read: 16.27    Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance 16.28with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, 16.29establish open seasons, limits, methods, and other requirements for taking fish on special 16.30management waters. new text begin The commissioner may, by written order published in the State new text end 16.31 new text begin Register, amend daily, possession, or size limits to make midseason adjustments that are new text end 17.1 new text begin necessary based on available harvest, angling pressure, and population data to manage the new text end 17.2 new text begin fisheries in the 1837 Ceded Territory in compliance with the court orders in Mille Lacs new text end 17.3 new text begin Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in new text end 17.4 new text begin daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14 new text end 17.5 new text begin and section 14.386 does not apply. new text end 17.6    Sec. 40. Minnesota Statutes 2008, section 97C.087, subdivision 2, is amended to read: 17.7    Subd. 2. Application for tag. Application for special fish management tags must 17.8be accompanied by a $5, nonrefundable application fee for each tag. A person may not 17.9make more than one tag application each new text begin calendar new text end year. If a person makes more than one 17.10application, the person is ineligible for a special fish management tag for that season new text begin new text end 17.11 new text begin calendar year new text end after determination by the commissioner, without a hearing. 17.12    Sec. 41. Minnesota Statutes 2008, section 97C.205, is amended to read: 17.1397C.205 TRANSPORTING AND STOCKING FISH. 17.14    (a) Except on the water body where taken, a person may not transport a live fish in a 17.15quantity of water sufficient to keep the fish alive, unless the fish: 17.16    (1) is being transported under an aquaculture license as authorized under sections 17.1717.4985 and 17.4986; 17.18    (2) is being transported for a fishing contest weigh-in under section 97C.081; 17.19    (3) is a minnow being transported under section 97C.505 or 97C.515; 17.20    (4) is being transported by a commercial fishing license holder under section 17.2197C.821 ; or 17.22    (5) is being transported as otherwise authorized in this section or as prescribed for 17.23certifiable diseases under sections 17.46 to 17.4999. 17.24    (b) The commissioner may adopt rules to allow and regulate: 17.25    (1) the transportation of fish and fish eggs; and 17.26    (2) the stocking of waters with fish or fish eggs. 17.27    (c) The commissioner must allow the possession of fish on special management or 17.28experimental waters to be prepared as a meal on the ice or on the shore of that water 17.29body if the fish: 17.30    (1) were lawfully taken; 17.31    (2) have been packaged by a licensed fish packer; and 17.32    (3) do not otherwise exceed the statewide possession limits. 17.33    (d) The commissioner shall prescribe rules designed to encourage local sporting 17.34organizations to propagate game fish by using rearing ponds. The rules must: 18.1    (1) prescribe methods to acquire brood stock for the ponds by seining public waters; 18.2    (2) allow the sporting organizations to own and use seines and other necessary 18.3equipment; and 18.4    (3) prescribe methods for stocking the fish in public waters that give priority to the 18.5needs of the community where the fish are reared and the desires of the organization 18.6operating the rearing pond. 18.7    (e) A person age 16 or under may, for purposes of display in a home aquarium, 18.8transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white 18.9crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow, 18.10and brown bullheads taken by angling new text begin , except as otherwise ordered by the commissioner new text end 18.11 new text begin upon documentation of an emergency fish disease in Minnesota waters, as defined in new text end 18.12 new text begin section 17.4982, subdivision 9 new text end . No more than four of each species may be transported at 18.13any one time, and any individual fish can be no longer than ten inches in total length. new text begin The new text end 18.14 new text begin commissioner may, by written order published in the State Register, prohibit transportation new text end 18.15 new text begin of live fish under this paragraph to help prevent spread of an emergency fish disease new text end 18.16 new text begin documented to occur in Minnesota waters. The order is exempt from the rulemaking new text end 18.17 new text begin provisions of chapter 14 and section 14.386 does not apply. new text end 18.18    Sec. 42. Minnesota Statutes 2008, section 97C.315, subdivision 1, is amended to read: 18.19    Subdivision 1. Lines. An angler may not use more than one line except new text begin two lines new text end 18.20 new text begin may be used to take fish new text end : 18.21(1) two lines may be used to take fish through the ice; and new text begin or new text end 18.22(2) the commissioner may, by rule, authorize the use of two lines in areas designated 18.23by the commissioner in Lake Superior new text begin if the angler purchases a second line endorsement new text end 18.24 new text begin for $10 new text end . 18.25    Sec. 43. Minnesota Statutes 2008, section 97C.341, is amended to read: 18.2697C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT. 18.27(a) A person may not use live minnows imported from outside of the state, game 18.28fish, goldfish, or carp for bait. new text begin The commissioner may authorize use of game fish eggs as new text end 18.29 new text begin bait and prescribe restrictions on their use. new text end 18.30(b) A person may not import or possess live, frozen, or processed bait from known 18.31waters where viral hemorrhagic septicemia has been identified as being present new text begin , except as new text end 18.32 new text begin provided in paragraph (c) new text end . For purposes of this paragraph, "bait" includes fish, aquatic 18.33worms, amphibians, invertebrates, and insects used for angling new text begin taking wild animals new text end . 19.1     new text begin (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may new text end 19.2 new text begin be used as: new text end 19.3     new text begin (1) fresh or frozen bait on Lake Superior; or new text end 19.4     new text begin (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a new text end 19.5 new text begin manner prescribed by rules adopted by the commissioner. new text end 19.6    Sec. 44. new text begin [348.125] COYOTE CONFLICT MANAGEMENT OPTION. new text end 19.7 new text begin A county board may, by resolution, offer a bounty for the taking of coyotes (Canis new text end 19.8 new text begin latrans) by all legal methods. The resolution may be made applicable to the whole or any new text end 19.9 new text begin part of the county. The bounty must apply during the months specified in the resolution new text end 19.10 new text begin and be in an amount determined by the board. new text end 19.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 19.12    Sec. 45. new text begin LAKE FLORIDA FISHING RESTRICTIONS. new text end 19.13 new text begin The commissioner shall prohibit fishing on Lake Florida in the area surrounding new text end 19.14 new text begin the outlet and carp trap one month prior to the open season for walleye, sauger, northern new text end 19.15 new text begin pike, muskellunge, largemouth bass, and smallmouth bass, as provided under Minnesota new text end 19.16 new text begin Statutes, section 97C.395, subdivision 1, paragraph (a), clause (1). new text end 19.17    Sec. 46. new text begin RULEMAKING; SPEARING ON CASS LAKE. new text end 19.18 new text begin The commissioner of natural resources shall amend Minnesota Rules, part new text end 19.19 new text begin 6264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The new text end 19.20 new text begin commissioner may use the good cause exemption under Minnesota Statutes, section new text end 19.21 new text begin 14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not new text end 19.22 new text begin apply except as provided under Minnesota Statutes, section 14.388. new text end 19.23    Sec. 47. new text begin REPEALER. new text end 19.24 new text begin Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435, new text end 19.25 new text begin subdivision 5; 97B.511; 97B.515, subdivision 3; and 97B.811, subdivision 4, new text end new text begin are repealed. new text end