1.1 	A bill for an act
1.2 	relating to game and fish; modifying aquaculture provisions; modifying 
1.3 	compensation and assistance provisions for crop damage by elk; modifying 
1.4 	requirements for fish and wildlife management plans; modifying provisions 
1.5 	for taking, possessing, and transporting wild animals; modifying penalty and 
1.6 	license provisions; modifying duties of the Board of Water and Soil Resources; 
1.7 	limiting landowner liability for state walk-in access program; requiring 
1.8 	rulemaking; providing criminal penalties;amending Minnesota Statutes 2010, 
1.9 	sections 3.7371; 16C.055, subdivision 2; 17.4982, subdivisions 8, 12, 13, by 
1.10 	adding a subdivision; 17.4991, subdivision 3; 17.4992, subdivision 4; 17.4994; 
1.11 	84.942, subdivision 1; 84.95, subdivision 2; 84D.11, subdivision 2a; 97A.015, 
1.12 	subdivisions 24, 45, 49, 52, 55; 97A.028, subdivision 3; 97A.075, subdivision 
1.13 	6; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.321, subdivision 1; 
1.14 	97A.331, by adding a subdivision; 97A.405, subdivision 2; 97A.415, subdivision 
1.15 	2; 97A.425, subdivision 3; 97A.433, by adding a subdivision; 97A.435, 
1.16 	subdivision 1; 97A.445, subdivision 1a; 97A.465, subdivision 5; 97A.475, 
1.17 	subdivision 7; 97A.505, subdivision 2; 97A.545, subdivision 5; 97B.022, 
1.18 	subdivision 2; 97B.041; 97B.055, subdivision 3; 97B.075; 97B.106, subdivision 
1.19 	1; 97B.211, subdivision 1; 97B.425; 97B.515, by adding a subdivision; 97B.645, 
1.20 	subdivision 9; 97B.711, by adding a subdivision; 97B.803; 97C.005, subdivision 
1.21 	3; 97C.081, subdivisions 3, 4, by adding a subdivision; 97C.087, subdivision 
1.22 	2; 97C.205; 97C.211, subdivision 5; 97C.341; 103B.101, subdivision 9; 
1.23 	604A.24; proposing coding for new law in Minnesota Statutes, chapters 17; 
1.24 	97B; 348; repealing Minnesota Statutes 2010, sections 84.942, subdivisions 2, 
1.25 	3, 4; 97A.015, subdivisions 26b, 27b, 27c; 97A.435, subdivision 5; 97C.081, 
1.26 	subdivision 2.
1.27 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.28 	Section 1. Minnesota Statutes 2010, section 3.7371, is amended to read:
1.29 	3.7371 COMPENSATION FOR CROP OR FENCE DAMAGE CAUSED BY 
1.30 	ELK.
1.31 		Subdivision 1.Authorization. Notwithstanding section 3.736, subdivision 3, 
1.32 	paragraph (e), or any other law, a person who owns an agricultural crop or pasture shall 
2.1 	be compensated by the commissioner of agriculture for an agricultural crop, or fence 
2.2 	surrounding the crop or pasture, that is damaged or destroyed by elk as provided in this 
2.3 	section. 
2.4 		Subd. 2.Claim form. The crop or pasture owner must prepare a claim on forms 
2.5 	provided by the commissioner and available at the county extension agent's office. The 
2.6 	claim form must be filed with the commissioner. A claim form may not be filed for crop 
2.7 	damage or destruction that occurs before June 3, 1987.
2.8 		Subd. 3.Compensation. The crop owner is entitled to the target price or the 
2.9 	market price, whichever is greater, of the damaged or destroyed crop plus adjustments 
2.10 	for yield loss determined according to agricultural stabilization and conservation service 
2.11 	programs for individual farms, adjusted annually, as determined by the commissioner, 
2.12 	upon recommendation of the county extension agent for the owner's county. Verification 
2.13 	of fence damage or destruction by elk may be provided by submitting photographs or 
2.14 	other evidence and documentation together with a statement from an independent witness 
2.15 	using forms prescribed by the commissioner. The commissioner, upon recommendation 
2.16 	of the agent, shall determine whether the crop damage or destruction or damage to or 
2.17 	destruction of a fence surrounding a crop or pasture is caused by elk and, if so, the amount 
2.18 	of the crop or fence that is damaged or destroyed. In any fiscal year, a crop an owner 
2.19 	may not be compensated for a damaged or destroyed crop or fence surrounding a crop 
2.20 	or pasture that is less than $100 in value and may be compensated up to $20,000, as 
2.21 	determined under this section, if normal harvest procedures for the area are followed. In 
2.22 	any fiscal year, the commissioner may provide compensation for claims filed under this 
2.23 	section up to the amount expressly appropriated for this purpose.
2.24 		Subd. 4.Insurance deduction. Payments authorized by this section must be 
2.25 	reduced by amounts received by the owner as proceeds from an insurance policy covering 
2.26 	crop losses or damage to or destruction of a fence surrounding a crop or pasture, or from 
2.27 	any other source for the same purpose including, but not limited to, a federal program.
2.28 		Subd. 5.Decision on claims; opening land to hunting. If the commissioner finds 
2.29 	that the crop or pasture owner has shown that the damage or destruction of the owner's 
2.30 	crop or damage to or destruction of a fence surrounding a crop or pasture was caused more 
2.31 	probably than not by elk, the commissioner shall pay compensation as provided in this 
2.32 	section and the rules of the commissioner. Total compensation to all claimants shall not 
2.33 	exceed the amount of funds appropriated for Laws 1987, chapter 373. A crop owner who 
2.34 	receives compensation under this section may, by written permission, permit hunting 
2.35 	on the land at the landowner's discretion.
3.1 		Subd. 6.Denial of claim; appeal. (a) If the commissioner denies compensation 
3.2 	claimed by a crop or pasture owner under this section, the commissioner shall issue a 
3.3 	written decision based upon the available evidence including a statement of the facts upon 
3.4 	which the decision is based and the conclusions on the material issues of the claim. A 
3.5 	copy of the decision must be mailed to the crop or pasture owner.
3.6 	(b) A decision denying compensation claimed under this section is not subject to the 
3.7 	contested case review procedures of chapter 14, but a crop or pasture owner may have 
3.8 	the claim reviewed in a trial de novo in a court in the county where the loss occurred. 
3.9 	The decision of the court may be appealed as in other civil cases. Review in court may 
3.10 	be obtained by filing a petition for review with the administrator of the court within 60 
3.11 	days following receipt of a decision under this section. Upon the filing of a petition, the 
3.12 	administrator shall mail a copy to the commissioner and set a time for hearing within 
3.13 	90 days after the filing.
3.14 		Subd. 7.Rules. The commissioner shall adopt rules and may adopt emergency 
3.15 	rules and amend rules to carry out this section.  The commissioner may use the expedited 
3.16 	rulemaking process in section 14.389 to adopt and amend rules authorized in this section. 
3.17 	The rules must include:
3.18 	(1) methods of valuation of crops damaged or destroyed;
3.19 	(2) criteria for determination of the cause of the crop damage or destruction;
3.20 	(3) notice requirements by the owner of the damaged or destroyed crop; and
3.21 	(4) compensation rates for fence damage or destruction that shall include a minimum 
3.22 	claim of $75.00 per incident and a maximum of $1,800 per claimant per fiscal year; and
3.23 	(5) any other matters determined necessary by the commissioner to carry out this 
3.24 	section.

3.25 	Sec. 2. Minnesota Statutes 2010, section 16C.055, subdivision 2, is amended to read:
3.26 		Subd. 2.Restriction. After July 1, 2002, an agency may not enter into a contract or 
3.27 	otherwise agree with a nongovernmental entity to receive total nonmonetary consideration 
3.28 	valued at more than $100,000 annually in exchange for the agency providing nonmonetary 
3.29 	consideration, unless such an agreement is specifically authorized by law. This subdivision 
3.30 	does not apply to the State Lottery or private aquaculture businesses involved in state 
3.31 	stocking contracts.

3.32 	Sec. 3. Minnesota Statutes 2010, section 17.4982, subdivision 8, is amended to read:
3.33 		Subd. 8.Containment facility. "Containment facility" means a licensed facility for 
3.34 	salmonids or, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible 
4.1 	list published by the United States Department of Agriculture, Animal and Plant Health 
4.2 	Inspection Services, that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):
4.3 	(1) disinfects its effluent to the standards in section 17.4991 before the effluent is 
4.4 	discharged to public waters;
4.5 	(2) does not discharge to public waters or to waters of the state directly connected to 
4.6 	public waters;
4.7 	(3) raises aquatic life that is prohibited from being released into the wild and must be 
4.8 	kept in a facility approved by the commissioner unless processed for food consumption;
4.9 	(4) contains aquatic life requiring a fish health inspection prior to transportation.

4.10 	Sec. 4. Minnesota Statutes 2010, section 17.4982, is amended by adding a subdivision 
4.11 	to read:
4.12 		Subd. 10a.Fish collector. "Fish collector" means an individual who has been 
4.13 	certified under section 17.4989 to oversee the collection of fish samples from a facility or 
4.14 	a water body for disease testing by a certified laboratory.

4.15 	Sec. 5. Minnesota Statutes 2010, section 17.4982, subdivision 12, is amended to read:
4.16 		Subd. 12.Fish health inspection. (a) "Fish health inspection" means an on-site, 
4.17 	statistically based sampling, collection, and testing of fish in accordance with processes 
4.18 	in the Fish Health Blue Book for all lots of fish in a facility or the Diagnostic Manual 
4.19 	for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE) 
4.20 	to test for causative pathogens. The samples for inspection must be collected by a fish 
4.21 	health inspector or a fish collector in cooperation with the producer. Testing of samples 
4.22 	must be done by an approved laboratory.
4.23 	(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic 
4.24 	necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in 
4.25 	nonsalmonids must include at least a minimum viral testing of ovarian fluids at the 95 
4.26 	percent confidence level of detecting two percent incidence of disease (ovarian fluids must 
4.27 	be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic 
4.28 	necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a 
4.29 	five percent incidence of disease. The inspection must be performed by a fish health 
4.30 	inspector in cooperation with the producer with subsequent examination of the collected 
4.31 	tissues and fluids for the detection of certifiable diseases.
4.32 	(c) The inspection for certifiable diseases for wild fish must follow the guidelines of 
4.33 	the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.

5.1 	Sec. 6. Minnesota Statutes 2010, section 17.4982, subdivision 13, is amended to read:
5.2 		Subd. 13.Fish health inspector. "Fish health inspector" means an individual 
5.3 	certified as a fish health inspector or an aquatic animal health inspector by the American 
5.4 	Fisheries Society or state, federal, or provincial resource management agency, except 
5.5 	that a certification may not be made by an inspector who has a conflict of interest in 
5.6 	connection with the outcome of the certification.

5.7 	Sec. 7. [17.4989] FISH SAMPLE COLLECTING.
5.8 		Subdivision 1.Training. Fish collector training may be offered by any organization 
5.9 	or agency that has had its class and practicum syllabus approved by the commissioner. 
5.10 	The class and practicum must include the following components:
5.11 	(1) accurate identification of licensed water bodies listed according to section 
5.12 	17.4984 and ensuring that collection is taking place at the correct site;
5.13 	(2) identification of fish internal organs;
5.14 	(3) fish dissection and sample preparation as identified by the Department of Natural 
5.15 	Resources based on specific testing requirements or as outlined in the Fish Health 
5.16 	Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the 
5.17 	International Office of Epizootics (OIE);
5.18 	(4) recording and reporting data;
5.19 	(5) sample preparation and shipping;
5.20 	(6) a field collection site test to demonstrate mastery of the necessary skills, overseen 
5.21 	by a certified fish health inspector; and
5.22 	(7) a certificate of successful completion signed by a certified fish health inspector 
5.23 	on a form provided by the commissioner.
5.24 		Subd. 2.Certification time period. Fish collector certification is valid for five years 
5.25 	and is not transferable. A person may renew certification only by successfully completing 
5.26 	certification training. Certification shall be revoked if the certified person is convicted 
5.27 	of violating any of the statutes or rules governing testing for aquatic species diseases. 
5.28 	Certification may be suspended during an investigation associated with misconduct or 
5.29 	violations of fish health testing and collection. The commissioner shall notify the person 
5.30 	that certification is being revoked or suspended.
5.31 		Subd. 3.Conflict of interest. A fish collector may not oversee the collection of fish 
5.32 	from a facility or a water body when the collector has a conflict of interest in connection 
5.33 	with the outcome of the testing.

5.34 	Sec. 8. Minnesota Statutes 2010, section 17.4991, subdivision 3, is amended to read:
6.1 		Subd. 3.Fish health inspection. (a) An aquatic farm propagating trout, salmon, 
6.2 	orsalmonids, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible 
6.3 	list published by the United States Department of Agriculture, Animal and Plant Health 
6.4 	Inspection Services, and having an effluent discharge from the aquatic farm into public 
6.5 	waters must have a fish health inspection conducted at least once every 12 months by a 
6.6 	certified fish health inspector. Testing must be conducted according to approved laboratory 
6.7 	methods of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal 
6.8 	Diseases, published by the International Office of Epizootics (OIE).
6.9 	(b) An aquatic farm propagating any species on the VHS susceptible list and having 
6.10 	an effluent discharge from the aquatic farm into public waters must test for VHS virus 
6.11 	using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic 
6.12 	Animal Diseases. The commissioner may, by written order published in the State Register, 
6.13 	prescribe alternative testing time periods and methods from those prescribed in the Fish 
6.14 	Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that 
6.15 	biosecurity measures will not be compromised. These alternatives are not subject to the 
6.16 	rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner 
6.17 	must provide reasonable notice to affected parties of any changes in testing requirements.
6.18 	(c) Results of fish health inspections must be provided to the commissioner for all 
6.19 	fish that remain in the state. All data used to prepare and issue a fish health certificate must 
6.20 	be maintained for three years by the issuing fish health inspector, approved laboratory, or 
6.21 	accredited veterinarian.
6.22 	(d) A health inspection fee must be charged based on each lot of fish sampled. The 
6.23 	fee by check or money order payable to the Department of Natural Resources must be 
6.24 	prepaid or paid at the time a bill or notice is received from the commissioner that the 
6.25 	inspection and processing of samples is completed.
6.26 	(c) (e) Upon receipt of payment and completion of inspection, the commissioner 
6.27 	shall notify the operator and issue a fish health certificate. The certification must be made 
6.28 	according to the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal 
6.29 	Diseases by a person certified as a fish health inspector.
6.30 	(d) (f) All aquatic life in transit or held at transfer stations within the state may 
6.31 	be inspected by the commissioner. This inspection may include the collection of stock 
6.32 	for purposes of pathological analysis. Sample size necessary for analysis will follow 
6.33 	guidelines listed in the Fish Health Blue Book.
6.34 	(e) (g) Salmonids and, catfish, or species on the VHS susceptible list must have a 
6.35 	fish health inspection before being transported from a containment facility, unless the 
6.36 	fish are being transported directly to an outlet for processing or other food purposes or 
7.1 	unless the commissioner determines that an inspection is not needed. A fish health 
7.2 	inspection conducted for this purpose need only be done on the lot or lots of fish that will 
7.3 	be transported. The commissioner must conduct a fish health inspection requested for this 
7.4 	purpose within five working days of receiving written notice. Salmonids and catfish may 
7.5 	be immediately transported from a containment facility to another containment facility 
7.6 	once a sample has been obtained for a health inspection or once the five-day notice 
7.7 	period has expired.

7.8 	Sec. 9. Minnesota Statutes 2010, section 17.4992, subdivision 4, is amended to read:
7.9 		Subd. 4.Sale of eggs by the state. The commissioner may offer for sale or barter 
7.10 	as eggs or fry up to two percent of from the department's annual game fish egg harvest. 
7.11 	Additional eggs or fry may be sold if they are surplus to this state's program needs.

7.12 	Sec. 10. Minnesota Statutes 2010, section 17.4994, is amended to read:
7.13 	17.4994 SUCKER EGGS.
7.14 	Sucker eggs may be taken from public waters with a sucker egg license endorsement, 
7.15 	which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres 
7.16 	of licensed surface waters except that for intensive culture systems, sucker eggs may be 
7.17 	taken at a rate of two quarts per 1,000 muskellunge fry being reared for the fee prescribed 
7.18 	in section 97A.475, subdivision 29. The Taking of sucker eggs from public waters is 
7.19 	subject to chapter 97C and may be supervised by the commissioner. The commissioner 
7.20 	may limit the amount of sucker eggs that a person with a sucker egg license endorsement 
7.21 	may take based on the number of sucker eggs taken historically by the licensee, new 
7.22 	requests for eggs, and the condition of the spawning runs at those historical streams and 
7.23 	rivers that have produced previous annual quotas.

7.24 	Sec. 11. Minnesota Statutes 2010, section 84.942, subdivision 1, is amended to read:
7.25 		Subdivision 1.Preparation. The commissioner of natural resources shall prepare 
7.26 	a comprehensive fish and wildlife management plan plans designed to accomplish the 
7.27 	policy of section 84.941. The comprehensive fish and wildlife management plan shall 
7.28 	include a strategic plan as outlined in subdivision 2. The strategic plan must be completed 
7.29 	by July 1, 1986. The management plan must also include the long-range and operational 
7.30 	plans as described in subdivisions 3 and 4. The management plan must be completed by 
7.31 	July 1, 1988.

7.32 	Sec. 12. Minnesota Statutes 2010, section 84.95, subdivision 2, is amended to read:
8.1 		Subd. 2.Purposes and expenditures. Money from the reinvest in Minnesota 
8.2 	resources fund may only be spent for the following fish and wildlife conservation 
8.3 	enhancement purposes:
8.4 	(1) development and implementation of the comprehensive fish and wildlife 
8.5 	management plan plans under section 84.942;
8.6 	(2) implementation of the reinvest in Minnesota reserve program established by 
8.7 	section 103F.515;
8.8 	(3) soil and water conservation practices to improve water quality, reduce soil 
8.9 	erosion and crop surpluses;
8.10 	(4) enhancement or restoration of fish and wildlife habitat on lakes, streams, 
8.11 	wetlands, and public and private forest lands;
8.12 	(5) acquisition and development of public access sites and recreation easements to 
8.13 	lakes, streams, and rivers for fish and wildlife oriented recreation;
8.14 	(6) matching funds with government agencies, federally recognized Indian tribes and 
8.15 	bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
8.16 	(7) research and surveys of fish and wildlife species and habitat;
8.17 	(8) enforcement of natural resource laws and rules;
8.18 	(9) information and education;
8.19 	(10) implementing the aspen recycling program under section 88.80 and for other 
8.20 	forest wildlife management projects; and
8.21 	(11) necessary support services to carry out these purposes.

8.22 	Sec. 13. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
8.23 		Subd. 2a.Harvest of bait from infested waters. The commissioner may issue a 
8.24 	permit to allow the harvest of bait:
8.25 	(1) from waters that are designated as infested waters, except those designated 
8.26 	because they contain prohibited invasive species of fish or certifiable diseases of fish as 
8.27 	defined in section 17.4982, subdivision 6; and
8.28 	(2) from infested waters as allowed under section 97C.341, paragraph (c).
8.29 	The permit shall include conditions necessary to avoid spreading aquatic invasive 
8.30 	species. Before receiving a permit, a person annually must satisfactorily complete aquatic 
8.31 	invasive species-related training provided by the commissioner.

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

8.33 	Sec. 14. Minnesota Statutes 2010, section 97A.015, subdivision 24, is amended to read:
9.1 		Subd. 24.Game birds. "Game birds" means migratory waterfowl, ring-necked 
9.2 	pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray 
9.3 	partridge, bobwhite quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning 
9.4 	dove, sandhill crane, American woodcock, and common snipe.

9.5 	Sec. 15. Minnesota Statutes 2010, section 97A.015, subdivision 45, is amended to read:
9.6 		Subd. 45.Small game. "Small game" means game birds, gray squirrel, fox squirrel, 
9.7 	cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, gray wolf, red fox 
9.8 	and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink, 
9.9 	otter, and beaver.

9.10 	Sec. 16. Minnesota Statutes 2010, section 97A.015, subdivision 49, is amended to read:
9.11 		Subd. 49.Undressed bird. "Undressed bird" means:
9.12 	(1) a bird, excluding migratory waterfowl, pheasant, Hungarian partridge, turkey, or 
9.13 	grouse ducks, with feet and a fully feathered head wing intact;
9.14 	(2) a migratory waterfowl, excluding geese, duck with a fully feathered wing and 
9.15 	head attached; or
9.16 	(3) a pheasant, Hungarian partridge, or wild turkey, or grouse with one leg and foot 
9.17 	or the fully feathered head or wing intact; or
9.18 	(4) a goose with a fully feathered wing attached.

9.19 	Sec. 17. Minnesota Statutes 2010, section 97A.015, subdivision 52, is amended to read:
9.20 		Subd. 52.Unprotected birds. "Unprotected birds" means English sparrow, 
9.21 	blackbird, starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar 
9.22 	partridge, quail other than bobwhite quail, and mute swan.

9.23 	Sec. 18. Minnesota Statutes 2010, section 97A.015, subdivision 55, is amended to read:
9.24 		Subd. 55.Wild animals. "Wild animals" means all living creatures, whether dead or 
9.25 	alive, not human, wild by nature, endowed with sensation and power of voluntary motion, 
9.26 	and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.

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

9.28 	Sec. 19. Minnesota Statutes 2010, section 97A.028, subdivision 3, is amended to read:
9.29 		Subd. 3.Emergency deterrent materials assistance. (a) For the purposes of 
9.30 	this subdivision, "cooperative damage management agreement" means an agreement 
9.31 	between a landowner or tenant and the commissioner that establishes a program for 
10.1 	addressing the problem of destruction of the landowner's or tenant's specialty crops or 
10.2 	stored forage crops by wild animals, or destruction of agricultural crops by flightless 
10.3 	Canada geese, or destruction of agricultural crops or pasture by elk within the native elk 
10.4 	range, as determined by the commissioner.
10.5 	(b) A landowner or tenant may apply to the commissioner for emergency deterrent 
10.6 	materials assistance in controlling destruction of the landowner's or tenant's specialty 
10.7 	crops or stored forage crops by wild animals, or destruction of agricultural crops by 
10.8 	flightless Canada geese, or destruction of agricultural crops or pasture by elk within the 
10.9 	native elk range, as determined by the commissioner. Subject to the availability of money 
10.10 	appropriated for this purpose, the commissioner shall provide suitable deterrent materials 
10.11 	when the commissioner determines that:
10.12 	(1) immediate action is necessary to prevent significant damage from continuing; and
10.13 	(2) a cooperative damage management agreement cannot be implemented 
10.14 	immediately.
10.15 	(c) A person may receive emergency deterrent materials assistance under this 
10.16 	subdivision more than once, but the cumulative total value of deterrent materials provided 
10.17 	to a person, or for use on a parcel, may not exceed $3,000 $5,000 for specialty crops, 
10.18 	$750 $1,500 for protecting stored forage crops other than silage or grain, $3,000 for stored 
10.19 	silage or grain, or $500 $1,000 for agricultural crops damaged by flightless Canada geese.
10.20 	The value of deterrent materials provided to a person to help protect stored forage crops, 
10.21 	agricultural crops, or pasture from damage by elk may not exceed $5,000. If a person is a 
10.22 	co-owner or cotenant with respect to the specialty crops for which the deterrent materials 
10.23 	are provided, the deterrent materials are deemed to be "provided" to the person for the 
10.24 	purposes of this paragraph.
10.25 	(d) As a condition of receiving emergency deterrent materials assistance under this 
10.26 	subdivision, a landowner or tenant shall enter into a cooperative damage management 
10.27 	agreement with the commissioner. Deterrent materials provided by the commissioner may 
10.28 	include repellents, fencing materials, or other materials recommended in the agreement 
10.29 	to alleviate the damage problem. If requested by a landowner or tenant, any fencing 
10.30 	materials provided must be capable of providing long-term protection of specialty crops. 
10.31 	A landowner or tenant who receives emergency deterrent materials assistance under 
10.32 	this subdivision shall comply with the terms of the cooperative damage management 
10.33 	agreement.

10.34 	Sec. 20. Minnesota Statutes 2010, section 97A.075, subdivision 6, is amended to read:
11.1 		Subd. 6.Walleye stamp. (a) Revenue from walleye stamps must be credited to the 
11.2 	walleye stamp account. Money in the account must be used only for stocking walleye
11.3 	walleyes purchased from the private sector in waters of the state and related activities.
11.4 	(b) Money in the account may not be used for costs unless they are directly related to 
11.5 	a specific body of water under paragraph (a), or for costs associated with supplies and 
11.6 	equipment to implement walleye stocking activities under paragraph (a).

11.7 	Sec. 21. Minnesota Statutes 2010, section 97A.101, subdivision 3, is amended to read:
11.8 		Subd. 3.Fishing may not be restricted. Seasons or methods of taking fish other 
11.9 	than minnows may not be restricted under this section.

11.10 	Sec. 22. Minnesota Statutes 2010, section 97A.311, subdivision 5, is amended to read:
11.11 		Subd. 5.Refunds. (a) The commissioner may issue a refund on a license, not 
11.12 	including any issuing fees paid under section 97A.485, subdivision 6, if the request is 
11.13 	received within 90 days of the original license purchase and:
11.14 	(1) the licensee dies before the opening of the licensed season. The original license 
11.15 	and a copy of the death certificate must be provided to the commissioner;
11.16 	(2) the licensee is unable to participate in the licensed activity because the licensee is 
11.17 	called to active military duty or military leave is canceled during the entire open season of 
11.18 	the licensed activity. The original license and a copy of the military orders or notice of 
11.19 	cancellation of leave must be provided to the commissioner; or
11.20 	(3) the licensee purchased two licenses for the same license season in error.; or
11.21 	(4) the licensee was not legally required to purchase the license to participate 
11.22 	in the activity.
11.23 	(b) This subdivision does not apply to lifetime licenses.

11.24 	Sec. 23. Minnesota Statutes 2010, section 97A.321, subdivision 1, is amended to read:
11.25 		Subdivision 1.Owner responsibility; penalty amount. The owner of a dog that 
11.26 	pursues but does not kill or mortally wound a big game animal is subject to a civil penalty 
11.27 	of $100 for each violation. The owner of a dog that kills or mortally wounds a big game 
11.28 	animal is subject to a civil penalty of $500 for each violation.

11.29 	Sec. 24. Minnesota Statutes 2010, section 97A.331, is amended by adding a 
11.30 	subdivision to read:
11.31 		Subd. 4a.Hunting big game while under revocation. Notwithstanding section 
11.32 	97A.421, subdivision 7, a person who takes big game during the time the person is 
12.1 	prohibited from obtaining a license to take big game under section 97A.421 is guilty 
12.2 	of a gross misdemeanor.

12.3 	Sec. 25. Minnesota Statutes 2010, section 97A.405, subdivision 2, is amended to read:
12.4 		Subd. 2.Personal possession. (a) A person acting under a license or traveling from 
12.5 	an area where a licensed activity was performed must have in personal possession either: 
12.6 	(1) the proper license, if the license has been issued to and received by the person; or (2) 
12.7 	the proper license identification number or stamp validation, if the license has been sold to 
12.8 	the person by electronic means but the actual license has not been issued and received.
12.9 	(b) If possession of a license or a license identification number is required, a person 
12.10 	must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 
12.11 	license if the license has been issued to and received by the person; or (2) the proper 
12.12 	license identification number or stamp validation and a valid state driver's license, state 
12.13 	identification card, or other form of identification provided by the commissioner, if the 
12.14 	license has been sold to the person by electronic means but the actual license has not been 
12.15 	issued and received. A person charged with violating the license possession requirement 
12.16 	shall not be convicted if the person produces in court or the office of the arresting officer, 
12.17 	the actual license previously issued to that person, which was valid at the time of arrest, 
12.18 	or satisfactory proof that at the time of the arrest the person was validly licensed. Upon 
12.19 	request of a conservation officer or peace officer, a licensee shall write the licensee's name 
12.20 	in the presence of the officer to determine the identity of the licensee.
12.21 	(c) If the actual license has been issued and received, a receipt for license fees, a 
12.22 	copy of a license, or evidence showing the issuance of a license, including the license 
12.23 	identification number or stamp validation, does not entitle a licensee to exercise the rights 
12.24 	or privileges conferred by a license.
12.25 	(d) A license issued electronically and not immediately provided to the licensee 
12.26 	shall be mailed to the licensee within 30 days of purchase of the license. A pictorial 
12.27 	migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to 
12.28 	the licensee after purchase of a stamp validation only if the licensee pays an additional $2
12.29 	fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey 
12.30 	stamp may be purchased for a $2 fee. that covers the costs of producing and mailing the 
12.31 	pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written 
12.32 	order published in the State Register, establish fees for providing the pictorial stamps. 
12.33 	The fees must be set in an amount that does not recover significantly more or less than 
12.34 	the cost of producing and mailing the stamps. The fees are not subject to the rulemaking 
12.35 	provisions of chapter 14, and section 14.386 does not apply.

13.1 	Sec. 26. Minnesota Statutes 2010, section 97A.415, subdivision 2, is amended to read:
13.2 		Subd. 2.Transfer prohibited. A person may not lend, transfer, borrow, or solicit 
13.3 	a license or permit, license identification number, application for a license or permit, 
13.4 	coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag, 
13.5 	or seal not issued to the person unless otherwise expressly authorized. A person may 
13.6 	transfer a license, as prescribed by the commissioner, for use by a person with a severe 
13.7 	disability or critical illness who is participating in a hunting or fishing program sponsored 
13.8 	by a nonprofit organization.

13.9 	Sec. 27. Minnesota Statutes 2010, section 97A.425, subdivision 3, is amended to read:
13.10 		Subd. 3.Reports. Except for persons licensed to mount specimens of wild 
13.11 	animals, an annual report covering the preceding license year must be submitted to the 
13.12 	commissioner by March 15. The commissioner may require other reports for statistical 
13.13 	purposes. The reports must be on forms supplied or approved by the commissioner.

13.14 	Sec. 28. Minnesota Statutes 2010, section 97A.433, is amended by adding a 
13.15 	subdivision to read:
13.16 		Subd. 5.Mandatory separate selection. The commissioner must conduct 
13.17 	a separate selection for 20 percent of the elk licenses to be issued each year. Only 
13.18 	individuals who have applied at least ten times for an elk license and who have never 
13.19 	received a license are eligible for this separate selection.

13.20 	Sec. 29. Minnesota Statutes 2010, section 97A.435, subdivision 1, is amended to read:
13.21 		Subdivision 1.Number of licenses to be issued License issuance. The 
13.22 	commissioner shall include in a rule setting the dates for a turkey season the number of 
13.23 	licenses to be issued rules setting turkey seasons the methods for issuing licenses for 
13.24 	those seasons.

13.25 	Sec. 30. Minnesota Statutes 2010, section 97A.445, subdivision 1a, is amended to read:
13.26 		Subd. 1a.Angling in a state park. (a) A resident may take fish by angling without 
13.27 	an angling license:
13.28 	(1) when shore fishing or wading on state-owned land within a state park.; or
13.29 	(2) when angling from a boat or float, this subdivision applies only to those or 
13.30 	through the ice on water bodies completely encompassed within the statutory boundary of 
13.31 	the state park.
14.1 	(b) The exemption from an angling license does not apply to waters where a trout 
14.2 	stamp is required.

14.3 	Sec. 31. Minnesota Statutes 2010, section 97A.465, subdivision 5, is amended to read:
14.4 		Subd. 5.Preference to service members. (a) For purposes of this subdivision:
14.5 	(1) "qualified service member or veteran" means a Minnesota resident who:
14.6 	(i) is currently serving, or has served at any time during the past 24 months, in active 
14.7 	service as a member of the United States armed forces, including the National Guard or 
14.8 	other military reserves;
14.9 	(ii) has received a Purple Heart medal for qualifying military service, as shown by 
14.10 	official military records; or
14.11 	(iii) has a service-connected disability rated at 100 percent as defined by the United 
14.12 	States Department of Veterans Affairs; and
14.13 	(2) "active service" means service defined under section 190.05, subdivision 5b or 5c.
14.14 	(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or 
14.15 	administrative rules, the commissioner may shall give first preference to qualified service 
14.16 	members or veterans in any drawing or lottery involving the selection of applicants for 
14.17 	hunting or fishing licenses, permits, and special permits. This subdivision does not 
14.18 	apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the 
14.19 	commissioner under this subdivision are not rules under the Administrative Procedure Act 
14.20 	and section 14.386 does not apply.

14.21 	Sec. 32. Minnesota Statutes 2010, section 97A.475, subdivision 7, is amended to read:
14.22 		Subd. 7.Nonresident fishing. (a) Fees for the following licenses, to be issued 
14.23 	to nonresidents, are:
14.24 	(1) to take fish by angling, $37.50;
14.25 	(2) to take fish by angling limited to seven consecutive days selected by the licensee, 
14.26 	$26.50;
14.27 	(3) to take fish by angling for a 72-hour period selected by the licensee, $22;
14.28 	(4) to take fish by angling for a combined license for a family for one or both parents 
14.29 	and dependent children under the age of 16, $50.50;
14.30 	(5) to take fish by angling for a 24-hour period selected by the licensee, $8.50;
14.31 	(6) to take fish by angling for a combined license for a married couple, limited to 14 
14.32 	consecutive days selected by one of the licensees, $38.50; and
14.33 	(7) to take fish by spearing from a dark house, $37.50.
15.1 	(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses 
15.2 	issued under paragraph (a), clause (5), and licenses purchased at the resident fee by 
15.3 	nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b). An 
15.4 	additional commission may not be assessed on this surcharge.

15.5 	Sec. 33. Minnesota Statutes 2010, section 97A.505, subdivision 2, is amended to read:
15.6 		Subd. 2.Possession of unlawful animals brought into state prohibited. (a) A 
15.7 	person may not possess a wild animal that has been unlawfully taken, bought, sold, or 
15.8 	possessed outside the state, or unlawfully shipped into the state.
15.9 	(b) When entering the state from Canada, a person who possesses fish that were 
15.10 	unlawfully taken or possessed under paragraph (a) may be charged in the same manner as 
15.11 	for possessing fish that were unlawfully taken or possessed in the state.

15.12 	Sec. 34. Minnesota Statutes 2010, section 97A.545, subdivision 5, is amended to read:
15.13 		Subd. 5.Birds must be in undressed condition; exceptions. (a) Except as 
15.14 	provided in paragraph (b), a person may ship or otherwise transport game birds in an 
15.15 	undressed condition only.
15.16 	(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
15.17 	(1) were taken on a shooting preserve and are marked or identified in accordance 
15.18 	with section 97A.121, subdivision 5; 
15.19 	(2) were taken, dressed, and lawfully shipped or otherwise transported in another 
15.20 	state; or
15.21 	(3) are migratory game birds that were lawfully tagged and packed by a federally 
15.22 	permitted migratory bird preservation facility.; or
15.23 	(4) are doves shipped or transported in accordance with federal law.

15.24 	Sec. 35. [97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
15.25 	A parent or legal guardian of a minor may not knowingly direct, allow, or permit 
15.26 	the minor to hunt without the required license, permit, training, or certification, or in 
15.27 	violation of the game and fish laws.

15.28 	Sec. 36. Minnesota Statutes 2010, section 97B.022, subdivision 2, is amended to read:
15.29 		Subd. 2.Apprentice hunter validation requirements. A resident born after 
15.30 	December 31, 1979, who is age 12 or older over and who does not possess a hunter 
15.31 	education firearms safety certificate may be issued an apprentice hunter validation. An 
15.32 	apprentice hunter validation is valid for only one may be purchased two license year years
16.1 	in a lifetime and used to obtain hunting licenses during the same license year that the 
16.2 	validation is purchased. An individual in possession of an apprentice hunter validation 
16.3 	may hunt small game and, deer, and bear only when accompanied by an adult licensed to 
16.4 	hunt in Minnesota whose license was not obtained using an apprentice hunter validation. 
16.5 	An apprentice hunter validation holder must obtain all required licenses and stamps.

16.6 	Sec. 37. Minnesota Statutes 2010, section 97B.041, is amended to read:
16.7 	97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED 
16.8 	IN DEER ZONES.
16.9 	(a) A person may not possess a firearm or ammunition outdoors during the period 
16.10 	beginning the fifth day before the open firearms season and ending the second day after 
16.11 	the close of the season within an area where deer may be taken by a firearm, except:
16.12 	(1) during the open season and in an area where big game may be taken, a firearm 
16.13 	and ammunition authorized for taking big game in that area may be used to take big game 
16.14 	in that area if the person has a valid big game license in possession;
16.15 	(2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
16.16 	(3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot 
16.17 	or steel shot;
16.18 	(4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber, 
16.19 	including .22 magnum caliber cartridges;
16.20 	(5) handguns possessed by a person authorized to carry a handgun under sections 
16.21 	624.714 and 624.715 for the purpose authorized; and
16.22 	(6) on a target range operated under a permit from the commissioner.
16.23 	(b) This section does not apply during an open firearms season in an area where deer 
16.24 	may be taken only by muzzleloader, except that muzzleloading firearms lawful for the 
16.25 	taking of deer may be possessed only by persons with a valid license to take deer by 
16.26 	muzzleloader during that the muzzleloader season. A person with a valid license to take 
16.27 	deer by hunting during the muzzleloader season may not possess a firearm other than:
16.28 	(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision 
16.29 	1; and
16.30 	(2) a handgun, as provided in paragraph (a), clause (4) or (5).

16.31 	Sec. 38. Minnesota Statutes 2010, section 97B.055, subdivision 3, is amended to read:
16.32 		Subd. 3.Hunting from vehicle by disabled hunters. (a) The commissioner may 
16.33 	issue a special permit, without a fee, to discharge a firearm or bow and arrow from a 
16.34 	stationary motor vehicle to a person who obtains the required licenses and who has a 
17.1 	permanent physical disability that is more substantial than discomfort from walking. The 
17.2 	permit recipient must be:
17.3 	(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or 
17.4 	other mechanical support or prosthetic device; or
17.5 	(2) unable to walk any distance because of a permanent lung, heart, or other internal 
17.6 	disease that requires the person to use supplemental oxygen to assist breathing.
17.7 	(b) The permanent physical disability must be established by medical evidence 
17.8 	verified in writing by a licensed physician or, chiropractor, or certified nurse practitioner 
17.9 	or certified physician assistant acting under the direction of a licensed physician. The 
17.10 	commissioner may request additional information from the physician or chiropractor 
17.11 	if needed to verify the applicant's eligibility for the permit. Notwithstanding section 
17.12 	97A.418, the commissioner may, in consultation with appropriate advocacy groups, 
17.13 	establish reasonable minimum standards for permits to be issued under this section. In 
17.14 	addition to providing the medical evidence of a permanent disability, the applicant must 
17.15 	possess a valid disability parking certificate authorized by section 169.345 or license 
17.16 	plates issued under section 168.021.
17.17 	(c) A person issued a special permit under this subdivision and hunting deer may 
17.18 	take a deer of either sex, except in those antlerless permit areas and seasons where no 
17.19 	antlerless permits are offered. This subdivision does not authorize another member of a 
17.20 	party to take an antlerless deer under section 97B.301, subdivision 3.
17.21 	(d) A permit issued under this subdivision is valid for five years.
17.22 	(e) The commissioner may deny, modify, suspend, or revoke a permit issued under 
17.23 	this section for cause, including a violation of the game and fish laws or rules.
17.24 	(f) A person who knowingly makes a false application or assists another in making a 
17.25 	false application for a permit under this section is guilty of a misdemeanor. A physician, 
17.26 	certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently 
17.27 	certifies to the commissioner that a person is permanently disabled as described in this 
17.28 	section is guilty of a misdemeanor.
17.29 	(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for 
17.30 	the entire life of the applicant if the commissioner determines that there is no chance 
17.31 	that an applicant will become ineligible for a permit under this section and the applicant 
17.32 	requests a lifetime permit.

17.33 	Sec. 39. Minnesota Statutes 2010, section 97B.075, is amended to read:
17.34 	97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
18.1 	(a) A person may not take protected wild animals, except raccoon and fox, with 
18.2 	a firearm between the evening and morning times established by commissioner's rule, 
18.3 	except as provided in this section.
18.4 	(b) Big game may be taken from one-half hour before sunrise until one-half hour 
18.5 	after sunset.
18.6 	(c) Except as otherwise prescribed by the commissioner on or before the Saturday 
18.7 	nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset 
18.8 	during the entire season prescribed by the commissioner. On the opening day of the duck 
18.9 	season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.

18.10 	Sec. 40. Minnesota Statutes 2010, section 97B.106, subdivision 1, is amended to read:
18.11 		Subdivision 1.Qualifications for crossbow permits. (a) The commissioner may 
18.12 	issue a special permit, without a fee, to take big game, small game, or rough fish with a 
18.13 	crossbow to a person that is unable to hunt or take rough fish by archery because of a 
18.14 	permanent or temporary physical disability. A crossbow permit issued under this section 
18.15 	also allows the permittee to use a bow with a mechanical device that draws, releases, or 
18.16 	holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
18.17 	(b) To qualify for a crossbow permit under this section, a temporary disability 
18.18 	must render the person unable to hunt or fish by archery for a minimum of two years 
18.19 	after application for the permit is made. The permanent or temporary disability must 
18.20 	be established by medical evidence, and the inability to hunt or fish by archery for the 
18.21 	required period of time must be verified in writing by (1) a licensed physician or a certified 
18.22 	nurse practitioner or certified physician assistant acting under the direction of a licensed 
18.23 	physician; or (2) a licensed chiropractor. A person who has received a special permit 
18.24 	under this section because of a permanent disability is eligible for subsequent special 
18.25 	permits without providing medical evidence and verification of the disability.
18.26 	(c) The person must obtain the appropriate license.

18.27 	Sec. 41. Minnesota Statutes 2010, section 97B.211, subdivision 1, is amended to read:
18.28 		Subdivision 1.Possession of firearms prohibited. (a) A person may not take deer 
18.29 	by archery while in possession of a firearm.
18.30 	(b) Paragraph (a) does not apply to a person carrying a handgun in compliance 
18.31 	with section 624.714.

18.32 	Sec. 42. Minnesota Statutes 2010, section 97B.425, is amended to read:
18.33 	97B.425 BAITING BEARS.
19.1 	Notwithstanding section 609.68, a person may place bait to take bear and must 
19.2 	display a tag at each site where bait is placed and register the sites. The commissioner 
19.3 	shall prescribe the method of tagging and registering the sites. The tag displayed at each 
19.4 	site where bait is placed must contain identification information: (1) the licensee's name 
19.5 	and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license 
19.6 	identification number issued to the licensee for a licensed bear hunter or a licensed bear 
19.7 	outfitter. A person must have the license identification number of the person with the bear 
19.8 	license in their possession or be a licensed bear outfitter while attending a bear bait station. 
19.9 	To attract bear a person may not use a bait with:
19.10 	(1) a carcass from a mammal, if the carcass contains more than 25 percent of the 
19.11 	intact carcass;
19.12 	(2) meat from mammals, if the meat contains bones;
19.13 	(3) bones of mammals;
19.14 	(4) solid waste containing bottles, cans, plastic, paper, or metal;
19.15 	(5) materials that are not readily biodegradable; or
19.16 	(6) any part of a swine, except cured pork.

19.17 	Sec. 43. Minnesota Statutes 2010, section 97B.515, is amended by adding a 
19.18 	subdivision to read:
19.19 		Subd. 4.Taking elk causing damage or nuisance. The commissioner may 
19.20 	authorize licensed hunters to take elk that are causing damage or nuisance from August 
19.21 	15 to March 1 under rules prescribed by the commissioner. The commissioner may issue 
19.22 	licenses to hunters impartially selected from a list of elk hunt applicants who indicated on 
19.23 	their application that they would be interested and available to respond to an elk damage 
19.24 	or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a 
19.25 	person receiving a license to hunt elk under this subdivision does not lose eligibility 
19.26 	for future elk hunts.

19.27 	Sec. 44. Minnesota Statutes 2010, section 97B.645, subdivision 9, is amended to read:
19.28 		Subd. 9.Open season. There shall be no open season for gray wolves for five years
19.29 	until after the gray wolf is delisted under the federal Endangered Species Act of 1973. 
19.30 	After that time, the commissioner may prescribe open seasons and restrictions for taking 
19.31 	gray wolves but must provide opportunity for public comment.

19.32 	Sec. 45. Minnesota Statutes 2010, section 97B.711, is amended by adding a subdivision 
19.33 	to read:
20.1 		Subd. 4.Shooting grouse prohibited near motor vehicle. A person in the vicinity 
20.2 	of a motor vehicle may not discharge a firearm or an arrow from a bow at a grouse, or 
20.3 	at a decoy of a grouse placed by an enforcement officer, unless the person is at least ten 
20.4 	feet from the vehicle. This subdivision does not apply to a person with a disability permit 
20.5 	issued under section 97B.055, subdivision 3.

20.6 	Sec. 46. Minnesota Statutes 2010, section 97B.803, is amended to read:
20.7 	97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
20.8 	(a) The commissioner shall prescribe seasons, limits, and areas for taking migratory 
20.9 	waterfowl in accordance with federal law.
20.10 	(b) The regular duck season may not open before the Saturday closest to October 1.

20.11 	Sec. 47. Minnesota Statutes 2010, section 97C.005, subdivision 3, is amended to read:
20.12 		Subd. 3.Seasons, limits, and other rules. The commissioner may, in accordance 
20.13 	with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, 
20.14 	establish open seasons, limits, methods, and other requirements for taking fish on special 
20.15 	management waters. The commissioner may, by written order published in the State 
20.16 	Register, amend daily, possession, or size limits to make midseason adjustments based 
20.17 	on available harvest, angling pressure, and population data to manage the fisheries in the 
20.18 	1837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa 
20.19 	v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in daily, possession, or 
20.20 	size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386 
20.21 	does not apply. Before the written order is effective, the commissioner shall attempt to 
20.22 	notify persons or groups of persons affected by the written order by public announcement, 
20.23 	posting, and other appropriate means as determined by the commissioner.

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

20.25 	Sec. 48. Minnesota Statutes 2010, section 97C.081, subdivision 3, is amended to read:
20.26 		Subd. 3.Contests requiring a permit. (a) Unless subdivision 3a applies, a person 
20.27 	must have a permit from the commissioner to conduct a fishing contest that does not meet 
20.28 	the criteria in subdivision 2. if:
20.29 	(1) there are more than 25 boats for open water contests, more than 150 participants 
20.30 	for ice fishing contests, or more than 100 participants for shore fishing contests;
20.31 	(2) entry fees are more than $25 per person; or
20.32 	(3) the contest is limited to trout species.
21.1 	(b) The commissioner shall charge a fee for the permit that recovers the costs of 
21.2 	issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding 
21.3 	section 16A.1283, the commissioner may, by written order published in the State Register, 
21.4 	establish contest permit fees. The fees are not subject to the rulemaking provisions of 
21.5 	chapter 14 and section 14.386 does not apply.
21.6 	(b)(c) The commissioner may require the applicant to furnish evidence of financial 
21.7 	responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000 
21.8 	if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and 
21.9 	if the applicant has either:
21.10 	(1) not previously conducted a fishing contest requiring a permit under this 
21.11 	subdivision; or
21.12 	(2) ever failed to make required prize awards in a fishing contest conducted by 
21.13 	the applicant, the commissioner may require the applicant to furnish the commissioner 
21.14 	evidence of financial responsibility in the form of a surety bond or bank letter of credit in 
21.15 	the amount of $25,000.
21.16 	(c)(d) The permit fee for any individual contest may not exceed the following 
21.17 	amounts:
21.18 	(1) $60 for an open water contest not exceeding 50 boats and without off-site 
21.19 	weigh-in;
21.20 	(2) $200 for an open water contest with more than 50 boats and without off-site 
21.21 	weigh-in;
21.22 	(3) $250 for an open water contest not exceeding 50 boats with off-site weigh-in;
21.23 	(4) $500 for an open water contest with more than 50 boats with off-site weigh-in; or
21.24 	(5) $120 for an ice fishing contest with more than 150 participants.

21.25 	Sec. 49. Minnesota Statutes 2010, section 97C.081, is amended by adding a 
21.26 	subdivision to read:
21.27 		Subd. 3a.Contests without a permit. A person may conduct a fishing contest 
21.28 	without a permit from the commissioner if:
21.29 	(1) the contest is not limited to specifically named waters;
21.30 	(2) all the contest participants are age 18 years or under;
21.31 	(3) the contest is limited to rough fish; or
21.32 	(4) the total prize value is $500 or less.

21.33 	Sec. 50. Minnesota Statutes 2010, section 97C.081, subdivision 4, is amended to read:
22.1 		Subd. 4.Restrictions. (a) The commissioner may by rule establish restrictions on 
22.2 	fishing contests to protect fish and fish habitat, to restrict activities during high use periods, 
22.3 	to restrict activities that affect research or management work, to restrict the number of 
22.4 	boats, and for the safety of contest participants.
22.5 	(b) By March 1, 2011, the commissioner shall develop a best practices certification 
22.6 	program for fishing contest organizers to ensure the proper handling and release of fish.
22.7 	(c) Fishing tournament organizers shall take preventive measures to reduce the 
22.8 	spread of invasive species, as defined in section 84D.01, subdivision 9a.

22.9 	Sec. 51. Minnesota Statutes 2010, section 97C.087, subdivision 2, is amended to read:
22.10 		Subd. 2.Application for tag. Application for special fish management tags must 
22.11 	be accompanied by a $5, nonrefundable application fee for each tag. A person may not 
22.12 	make more than one tag application each calendar year. If a person makes more than one 
22.13 	application, the person is ineligible for a special fish management tag for that season
22.14 	calendar year after determination by the commissioner, without a hearing.

22.15 	Sec. 52. Minnesota Statutes 2010, section 97C.205, is amended to read:
22.16 	97C.205 TRANSPORTING AND STOCKING FISH.
22.17 	(a) Except on the water body where taken, a person may not transport a live fish in a 
22.18 	quantity of water sufficient to keep the fish alive, unless the fish:
22.19 	(1) is being transported under an aquaculture license as authorized under sections 
22.20 	17.4985 and 17.4986;
22.21 	(2) is being transported for a fishing contest weigh-in under section 97C.081;
22.22 	(3) is a minnow being transported under section 97C.505 or 97C.515;
22.23 	(4) is being transported by a commercial fishing license holder under section 
22.24 	97C.821; or
22.25 	(5) is being transported as otherwise authorized in this section or as prescribed for 
22.26 	certifiable diseases under sections 17.46 to 17.4999.
22.27 	(b) The commissioner may adopt rules to allow and regulate:
22.28 	(1) the transportation of fish and fish eggs; and
22.29 	(2) the stocking of waters with fish or fish eggs.
22.30 	(c) The commissioner must allow the possession of fish on special management or 
22.31 	experimental waters to be prepared as a meal on the ice or on the shore of that water 
22.32 	body if the fish:
22.33 	(1) were lawfully taken;
22.34 	(2) have been packaged by a licensed fish packer; and
23.1 	(3) do not otherwise exceed the statewide possession limits.
23.2 	(d) The commissioner shall prescribe rules designed to encourage local sporting 
23.3 	organizations to propagate game fish by using rearing ponds. The rules must:
23.4 	(1) prescribe methods to acquire brood stock for the ponds by seining public waters;
23.5 	(2) allow the sporting organizations to own and use seines and other necessary 
23.6 	equipment; and
23.7 	(3) prescribe methods for stocking the fish in public waters that give priority to the 
23.8 	needs of the community where the fish are reared and the desires of the organization 
23.9 	operating the rearing pond.
23.10 	(e) A person age 16 or under may, for purposes of display in a home aquarium, 
23.11 	transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white 
23.12 	crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow, 
23.13 	and brown bullheads taken by angling, except as otherwise ordered by the commissioner 
23.14 	upon documentation of an emergency fish disease in Minnesota waters, as defined in 
23.15 	section 17.4982, subdivision 9. No more than four of each species may be transported at 
23.16 	any one time, and any individual fish can be no longer than ten inches in total length. The 
23.17 	commissioner may, by written order published in the State Register, prohibit transportation 
23.18 	of live fish under this paragraph to help prevent spread of an emergency fish disease 
23.19 	documented to occur in Minnesota waters. The order is exempt from the rulemaking 
23.20 	provisions of chapter 14 and section 14.386 does not apply.

23.21 	Sec. 53. Minnesota Statutes 2010, section 97C.211, subdivision 5, is amended to read:
23.22 		Subd. 5.Price of walleye game fish fry and eggs. (a) The commissioner may not 
23.23 	sell walleye game fish fry or eggs for less than fair market value, defined as the average 
23.24 	price charged by private walleye fry wholesalers located in Minnesota the cost associated 
23.25 	with the production of eggs or fry.
23.26 	(b) For every 86 pounds of walleye fingerlings contracted to sell to the state, 
23.27 	one quart of eggs or fry equivalent may be offered to purchase or barter with private 
23.28 	aquaculture vendors.

23.29 	Sec. 54. Minnesota Statutes 2010, section 97C.341, is amended to read:
23.30 	97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
23.31 	(a) A person may not use live minnows imported from outside of the state, game 
23.32 	fish, goldfish, or carp for bait. The commissioner may, by written order published in 
23.33 	the State Register, authorize use of game fish eggs as bait and prescribe restrictions on 
24.1 	their use. The order is exempt from the rulemaking provisions of chapter 14 and section 
24.2 	14.386 does not apply.
24.3 	(b) A person may not import or possess live, frozen, or processed bait from known 
24.4 	waters where viral hemorrhagic septicemia has been identified as being present, except as 
24.5 	provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic 
24.6 	worms, amphibians, invertebrates, and insects used for angling taking wild animals in 
24.7 	waters of the state.
24.8 	(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may 
24.9 	be used as:
24.10 	(1) fresh or frozen bait only on Lake Superior; or
24.11 	(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a 
24.12 	manner prescribed by rules adopted by the commissioner.

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

24.14 	Sec. 55. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:
24.15 		Subd. 9.Powers and duties. In addition to the powers and duties prescribed 
24.16 	elsewhere, the board shall:
24.17 	(1) coordinate the water and soil resources planning and implementation activities of 
24.18 	counties, soil and water conservation districts, watershed districts, watershed management 
24.19 	organizations, and any other local units of government through its various authorities for 
24.20 	approval of local plans, administration of state grants, contracts and easements, and by 
24.21 	other means as may be appropriate;
24.22 	(2) facilitate communication and coordination among state agencies in cooperation 
24.23 	with the Environmental Quality Board, and between state and local units of government, 
24.24 	in order to make the expertise and resources of state agencies involved in water and soil 
24.25 	resources management available to the local units of government to the greatest extent 
24.26 	possible;
24.27 	(3) coordinate state and local interests with respect to the study in southwestern 
24.28 	Minnesota under United States Code, title 16, section 1009;
24.29 	(4) develop information and education programs designed to increase awareness 
24.30 	of local water and soil resources problems and awareness of opportunities for local 
24.31 	government involvement in preventing or solving them;
24.32 	(5) provide a forum for the discussion of local issues and opportunities relating 
24.33 	to water and soil resources management;
24.34 	(6) adopt an annual budget and work program that integrate the various functions 
24.35 	and responsibilities assigned to it by law; and
25.1 	(7) report to the governor and the legislature by October 15 of each even-numbered 
25.2 	year with an assessment of board programs and recommendations for any program 
25.3 	changes and board membership changes necessary to improve state and local efforts 
25.4 	in water and soil resources management.
25.5 	The board may accept grants, gifts, donations, or contributions in money, services, 
25.6 	materials, or otherwise from the United States, a state agency, or other source to achieve 
25.7 	an authorized or delegated purpose. The board may enter into a contract or agreement 
25.8 	necessary or appropriate to accomplish the transfer. The board may conduct or participate 
25.9 	in local, state, or federal programs or projects that have as one purpose or effect the 
25.10 	preservation or enhancement of water and soil resources and may enter into and administer 
25.11 	agreements with local governments or landowners or their designated agents as part 
25.12 	of those programs or projects. The board may receive and expend money to acquire 
25.13 	conservation easements, as defined in chapter 84C, on behalf of the state and federal 
25.14 	government consistent with the Camp Ripley's Army Compatible Use Buffer Project.
25.15 	Any money received is hereby deposited in an account in a fund other than the 
25.16 	general fund and appropriated and dedicated for the purpose for which it is granted.

25.17 	Sec. 56. [348.125] COYOTE CONFLICT MANAGEMENT OPTION.
25.18 	A county or town board may, by resolution, offer a bounty for the taking of coyotes 
25.19 	(Canis latrans) by all legal methods. The resolution may be made applicable to the whole 
25.20 	or any part of the county or town. The bounty must apply during the months specified in 
25.21 	the resolution and be in an amount determined by the board.

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

25.23 	Sec. 57. Minnesota Statutes 2010, section 604A.24, is amended to read:
25.24 	604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS; 
25.25 	MUNICIPAL POWER AGENCY LAND.
25.26 	Unless otherwise agreed in writing, sections 604A.22 and 604A.23 also apply to 
25.27 	the duties and liability of an owner of the following land: 
25.28 	(1) land leased to the state or any political subdivision for recreational purpose; or
25.29 	(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave, 
25.30 	and to which water the public has access from a water access site operated by a public 
25.31 	entity; or
25.32 	(3) land of which a municipal power agency is an owner and that is used for 
25.33 	recreational trail purposes, and other land of a municipal power agency which is within 
26.1 	300 feet of such land if the entry onto such land was from land that is dedicated for 
26.2 	recreational purposes or recreational trail use; or
26.3 	(4) land leased to the state or otherwise subject to an agreement or contract for 
26.4 	purposes of a state-sponsored walk-in access program.

26.5 	Sec. 58. RULEMAKING.
 26.6 	(a) The commissioner of natural resources shall amend Minnesota Rules, parts 
26.7 	6242.0900, subpart 1, and 6242.1000, subpart 1, to allow an option for game farm 
26.8 	licensees to use approved report and sales receipt formats.
26.9 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
26.10 	section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota 
26.11 	Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, 
26.12 	section 14.388.

26.13 	Sec. 59. SHALLOW LAKES MANAGEMENT REPORT.
 26.14 	By January 1, 2012, the commissioner of natural resources shall submit a report to 
26.15 	the senate and house of representatives committees and divisions with jurisdiction over 
26.16 	natural resources policy that includes:
26.17 	(1) a summary of the science and ecology of shallow lakes;
26.18 	(2) a summary of the significance of shallow lakes to continental and state waterfowl 
26.19 	populations and Minnesota's waterfowl heritage;
26.20 	(3) examples and documented results of previous temporary water-level management 
26.21 	activities;
26.22 	(4) a list of current statutes and rules applicable to shallow lakes including, but not 
26.23 	limited to, water-level management of shallow lakes; and
26.24 	(5) a list of any changes to statute necessary that would allow the commissioner of 
26.25 	natural resources, through shallow lake management, to better achieve the state's wildlife 
26.26 	habitat and clean water goals and address the threats of invasive species.

26.27 	Sec. 60.  REPEALER.
 26.28 	Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, and 4; 97A.015, 
26.29 	subdivisions 26b, 27b, and 27c; 97A.435, subdivision 5; and 97C.081, subdivision 2, are 
26.30 	repealed.