SF 943

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 05/20/2011 01:04 p.m.

1.1A bill for an act 1.2relating to game and fish; modifying aquaculture provisions; modifying 1.3compensation and assistance provisions for crop damage by elk; modifying 1.4requirements for fish and wildlife management plans; modifying provisions for 1.5taking, possessing, and transporting wild animals; modifying certain acquisition 1.6procedures; modifying penalty and license provisions; modifying duties of 1.7the Board of Water and Soil Resources; limiting landowner liability for state 1.8walk-in access program; requiring rulemaking; providing criminal penalties; 1.9amending Minnesota Statutes 2010, sections 3.7371, subdivisions 1, 3; 17.4982, 1.10subdivisions 8, 12, 13, by adding a subdivision; 17.4991, subdivision 3; 17.4994; 1.1184.92, subdivisions 8, as amended if enacted, 9, 10; 84.942, subdivision 1; 1.1284.95, subdivision 2; 84D.11, subdivision 2a; 97A.015, subdivisions 24, 49, 1.1352, 55; 97A.028, subdivision 3; 97A.101, subdivision 3; 97A.311, subdivision 1.145; 97A.321, subdivision 1; 97A.331, by adding a subdivision; 97A.405, 1.15subdivision 2; 97A.415, subdivision 2; 97A.425, subdivision 3; 97A.433, 1.16by adding a subdivision; 97A.435, subdivision 1; 97A.445, subdivision 1a; 1.1797A.465, subdivision 5; 97A.475, subdivision 7; 97A.502; 97A.505, subdivision 1.182; 97A.545, subdivision 5; 97B.022, subdivision 2; 97B.031, subdivision 5; 1.1997B.041; 97B.045, subdivision 3; 97B.055, subdivision 3; 97B.075; 97B.106, 1.20subdivision 1; 97B.211, subdivision 1; 97B.325; 97B.405; 97B.515, by adding a 1.21subdivision; 97B.667; 97B.803; 97B.811, subdivision 3; 97C.005, subdivision 1.223; 97C.081, subdivision 3, by adding a subdivision; 97C.087, subdivision 2; 1.2397C.205; 97C.315, subdivision 1; 97C.341; 103B.101, subdivision 9; 604A.12; 1.24604A.24; proposing coding for new law in Minnesota Statutes, chapters 17; 97B; 1.2597C; 348; repealing Minnesota Statutes 2010, sections 84.942, subdivisions 2, 1.263, 4; 97A.015, subdivisions 26b, 27b, 27c; 97A.435, subdivision 5; 97B.511; 1.2797B.515, subdivision 3; 97B.811, subdivision 4; 97C.081, subdivision 2; 1.28239.791, subdivision 16, as added if enacted. 1.29BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.30    Section 1. Minnesota Statutes 2010, section 3.7371, subdivision 1, is amended to read: 1.31    Subdivision 1. Authorization. Notwithstanding section 3.736, subdivision 3, 1.32paragraph (e), or any other law, a person who owns an agricultural crop new text begin or pasture new text end shall 1.33be compensated by the commissioner of agriculture for an agricultural crop new text begin , or fence new text end 2.1 new text begin surrounding the crop or pasture, new text end that is damaged or destroyed by elk as provided in this 2.2section. 2.3    Sec. 2. Minnesota Statutes 2010, section 3.7371, subdivision 3, is amended to read: 2.4    Subd. 3. Compensation. The crop owner is entitled to the target price or the 2.5market price, whichever is greater, of the damaged or destroyed crop plus adjustments 2.6for yield loss determined according to agricultural stabilization and conservation service 2.7programs for individual farms, adjusted annually, as determined by the commissioner, 2.8upon recommendation of the county extension agent for the owner's county. The 2.9commissioner, upon recommendation of the agent, shall determine whether the crop 2.10damage or destruction new text begin or damage to or destruction of a fence surrounding a crop or pasture new text end 2.11is caused by elk and, if so, the amount of the crop new text begin or fence new text end that is damaged or destroyed. 2.12In any fiscal year, a crop new text begin an new text end owner may not be compensated for a damaged or destroyed 2.13crop new text begin or fence surrounding a crop or pasture new text end that is less than $100 in value and may be 2.14compensated up to $20,000, as determined under this section, if normal harvest procedures 2.15for the area are followed. In any fiscal year, the commissioner may provide compensation 2.16for claims filed under this section up to the amount expressly appropriated for this purpose. 2.17    Sec. 3. Minnesota Statutes 2010, section 17.4982, subdivision 8, is amended to read: 2.18    Subd. 8. Containment facility. "Containment facility" means a licensed facility for 2.19salmonids or new text begin , new text end catfish new text begin , or species on the viral hemorrhagic septicemia (VHS) susceptible new text end 2.20 new text begin list published by the United States Department of Agriculture, Animal and Plant Health new text end 2.21 new text begin Inspection Services, new text end that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4): 2.22(1) disinfects its effluent to the standards in section 17.4991 before the effluent is 2.23discharged to public waters; 2.24(2) does not discharge to public waters or to waters of the state directly connected to 2.25public waters; 2.26(3) raises aquatic life that is prohibited from being released into the wild and must be 2.27kept in a facility approved by the commissioner unless processed for food consumption; 2.28(4) contains aquatic life requiring a fish health inspection prior to transportation. 2.29    Sec. 4. Minnesota Statutes 2010, section 17.4982, is amended by adding a subdivision 2.30to read: 2.31     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 2.32 new text begin certified under section 17.4989 to oversee the collection of fish samples from a facility or new text end 2.33 new text begin a water body for disease testing by a certified laboratory. new text end 3.1    Sec. 5. Minnesota Statutes 2010, section 17.4982, subdivision 12, is amended to read: 3.2    Subd. 12. Fish health inspection. new text begin (a) new text end "Fish health inspection" means an on-site, 3.3statistically based sampling new text begin , collection, and testing of fish new text end in accordance with processes 3.4in the Fish Health Blue Book for all lots of fish in a facility new text begin or the Diagnostic Manual new text end 3.5 new text begin for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE) new text end 3.6 new text begin to test for causative pathogens. The samples for inspection must be collected by a fish new text end 3.7 new text begin health inspector or a fish collector in cooperation with the producer. Testing of samples new text end 3.8 new text begin must be done by an approved laboratory new text end . 3.9 new text begin (b) new text end The inspection new text begin for viral hemorrhagic septicemia (VHS), infectious pancreatic new text end 3.10 new text begin necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in new text end 3.11 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 3.12percent confidence level of detecting two percent incidence of disease (ovarian fluids must 3.13be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic 3.14necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a 3.15five percent incidence of disease. The inspection must be performed by a fish health 3.16inspector in cooperation with the producer with subsequent examination of the collected 3.17tissues and fluids for the detection of certifiable diseases. 3.18 new text begin (c) The inspection for certifiable diseases for wild fish must follow the guidelines of new text end 3.19 new text begin the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases. new text end 3.20    Sec. 6. Minnesota Statutes 2010, section 17.4982, subdivision 13, is amended to read: 3.21    Subd. 13. Fish health inspector. "Fish health inspector" means an individual 3.22certified as a fish health inspector new text begin or an aquatic animal health inspector new text end by the American 3.23Fisheries Society or state, federal, or provincial resource management agency, except 3.24that a certification may not be made by an inspector who has a conflict of interest in 3.25connection with the outcome of the certification. 3.26    Sec. 7. new text begin [17.4989] FISH SAMPLE COLLECTING. new text end 3.27     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 3.28 new text begin or agency that has had its class and practicum syllabus approved by the commissioner. new text end 3.29 new text begin The class and practicum must include the following components: new text end 3.30 new text begin (1) accurate identification of licensed water bodies listed according to section new text end 3.31 new text begin 17.4984 and ensuring that collection is taking place at the correct site; new text end 3.32 new text begin (2) identification of fish internal organs; new text end 3.33 new text begin (3) fish dissection and sample preparation as identified by the Department of Natural new text end 3.34 new text begin Resources based on specific testing requirements or as outlined in the Fish Health new text end 4.1 new text begin Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the new text end 4.2 new text begin International Office of Epizootics (OIE); new text end 4.3 new text begin (4) recording and reporting data; new text end 4.4 new text begin (5) sample preparation and shipping; new text end 4.5 new text begin (6) a field collection site test to demonstrate mastery of the necessary skills, overseen new text end 4.6 new text begin by a certified fish health inspector; and new text end 4.7 new text begin (7) a certificate of successful completion signed by a certified fish health inspector new text end 4.8 new text begin on a form provided by the commissioner. new text end 4.9     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 4.10 new text begin and is not transferable. A person may renew certification only by successfully completing new text end 4.11 new text begin certification training. Certification shall be revoked if the certified person is convicted new text end 4.12 new text begin of violating any of the statutes or rules governing testing for aquatic species diseases. new text end 4.13 new text begin Certification may be suspended during an investigation associated with misconduct or new text end 4.14 new text begin violations of fish health testing and collection. The commissioner shall notify the person new text end 4.15 new text begin that certification is being revoked or suspended. new text end 4.16     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 4.17 new text begin from a facility or a water body when the collector has a conflict of interest in connection new text end 4.18 new text begin with the outcome of the testing. new text end 4.19    Sec. 8. Minnesota Statutes 2010, section 17.4991, subdivision 3, is amended to read: 4.20    Subd. 3. Fish health inspection. (a) An aquatic farm propagating trout, salmon, 4.21or new text begin salmonids, new text end catfish new text begin , or species on the viral hemorrhagic septicemia (VHS) susceptible new text end 4.22 new text begin list published by the United States Department of Agriculture, Animal and Plant Health new text end 4.23 new text begin Inspection Services, new text end and having an effluent discharge from the aquatic farm into public 4.24waters must have a fish health inspection conducted at least once every 12 months by a 4.25certified fish health inspector. Testing must be conducted according to approved laboratory 4.26methods new text begin of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal new text end 4.27 new text begin Diseases, published by the International Office of Epizootics (OIE) new text end . 4.28(b) new text begin An aquatic farm propagating any species on the VHS susceptible list and having new text end 4.29 new text begin an effluent discharge from the aquatic farm into public waters must test for VHS virus new text end 4.30 new text begin using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic new text end 4.31 new text begin Animal Diseases. The commissioner may, by written order published in the State Register, new text end 4.32 new text begin prescribe alternative testing time periods and methods from those prescribed in the Fish new text end 4.33 new text begin Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that new text end 4.34 new text begin biosecurity measures will not be compromised. These alternatives are not subject to the new text end 5.1 new text begin rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner new text end 5.2 new text begin must provide reasonable notice to affected parties of any changes in testing requirements. new text end 5.3 new text begin (c) Results of fish health inspections must be provided to the commissioner for all new text end 5.4 new text begin fish that remain in the state. All data used to prepare and issue a fish health certificate must new text end 5.5 new text begin be maintained for three years by the issuing fish health inspector, approved laboratory, or new text end 5.6 new text begin accredited veterinarian. new text end 5.7 new text begin (d) new text end A health inspection fee must be charged based on each lot of fish sampled. The 5.8fee by check or money order payable to the Department of Natural Resources must be 5.9prepaid or paid at the time a bill or notice is received from the commissioner that the 5.10inspection and processing of samples is completed. 5.11(c) new text begin (e) new text end Upon receipt of payment and completion of inspection, the commissioner 5.12shall notify the operator and issue a fish health certificate. The certification must be made 5.13according to the Fish Health Blue Book new text begin or the Diagnostic Manual for Aquatic Animal new text end 5.14 new text begin Diseases new text end by a person certified as a fish health inspector. 5.15(d) new text begin (f) new text end All aquatic life in transit or held at transfer stations within the state may 5.16be inspected by the commissioner. This inspection may include the collection of stock 5.17for purposes of pathological analysis. Sample size necessary for analysis will follow 5.18guidelines listed in the Fish Health Blue Book new text begin or the Diagnostic Manual for Aquatic new text end 5.19 new text begin Animal Diseases new text end . 5.20(e) new text begin (g) new text end Salmonids and new text begin , new text end catfish new text begin , or species on the VHS susceptible list new text end must have a 5.21fish health inspection before being transported from a containment facility, unless the 5.22fish are being transported directly to an outlet for processing or other food purposes or 5.23unless the commissioner determines that an inspection is not needed. A fish health 5.24inspection conducted for this purpose need only be done on the lot or lots of fish that will 5.25be transported. The commissioner must conduct a fish health inspection requested for this 5.26purpose within five working days of receiving written notice. Salmonids and catfish may 5.27be immediately transported from a containment facility to another containment facility 5.28once a sample has been obtained for a health inspection or once the five-day notice 5.29period has expired. 5.30    Sec. 9. Minnesota Statutes 2010, section 17.4994, is amended to read: 5.3117.4994 SUCKER EGGS. 5.32Sucker eggs may be taken from public waters with a sucker egg license endorsement, 5.33which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres 5.34of licensed surface waters except that for intensive culture systems, sucker eggs may be 5.35taken at a rate of two quarts per 1,000 muskellunge fry being reared new text begin for the fee prescribed new text end 6.1 new text begin in section 97A.475, subdivision 29 new text end . The Taking of sucker eggs from public waters is 6.2subject to chapter 97C and may be supervised by the commissioner. new text begin The commissioner new text end 6.3 new text begin may limit the amount of sucker eggs that a person with a sucker egg license endorsement new text end 6.4 new text begin may take based on the number of sucker eggs taken historically by the licensee, new new text end 6.5 new text begin requests for eggs, or the condition of the spawning runs at those historical streams and new text end 6.6 new text begin rivers that have produced previous annual quotas. new text end 6.7    Sec. 10. Minnesota Statutes 2010, section 84.92, subdivision 8, as amended by S.F. 6.8No. 1115, if enacted, is amended to read: 6.9    Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a 6.10motorized flotation-tired vehicle of not less than three low pressure tires, but not more 6.11than new text begin equipped with three to new text end six new text begin nonhighway new text end tires, that is limited in engine displacement 6.12of less than 1,000 cubic centimeters and includes a class 1 all-terrain vehicle and class 6.132 all-terrain vehicle. new text begin All-terrain vehicle does not include a golf cart; a mini-truck; a new text end 6.14 new text begin dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance, new text end 6.15 new text begin agriculture, logging, or mining purposes. new text end 6.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 6.17    Sec. 11. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read: 6.18    Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an 6.19all-terrain vehicle that has a total dry weight of less than 1,000 pounds new text begin and has a straddled new text end 6.20 new text begin seat new text end . 6.21    Sec. 12. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read: 6.22    Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an 6.23all-terrain vehicle that new text begin is not a class 1 all-terrain vehicle, new text end has a total dry weight of 1,000 to 6.241,800 pounds new text begin or less, and has a manufacturer's published width of 68 inches or less new text end . 6.25    Sec. 13. Minnesota Statutes 2010, section 84.942, subdivision 1, is amended to read: 6.26    Subdivision 1. Preparation. The commissioner of natural resources shall prepare 6.27a comprehensive fish and wildlife management plan new text begin plans new text end designed to accomplish the 6.28policy of section 84.941. The comprehensive fish and wildlife management plan shall 6.29include a strategic plan as outlined in subdivision 2. The strategic plan must be completed 6.30by July 1, 1986. The management plan must also include the long-range and operational 6.31plans as described in subdivisions 3 and 4. The management plan must be completed by 6.32July 1, 1988. 7.1    Sec. 14. Minnesota Statutes 2010, section 84.95, subdivision 2, is amended to read: 7.2    Subd. 2. Purposes and expenditures. Money from the reinvest in Minnesota 7.3resources fund may only be spent for the following fish and wildlife conservation 7.4enhancement purposes: 7.5(1) development and implementation of the comprehensive fish and wildlife 7.6management plan new text begin plans new text end under section 84.942; 7.7(2) implementation of the reinvest in Minnesota reserve program established by 7.8section 103F.515; 7.9(3) soil and water conservation practices to improve water quality, reduce soil 7.10erosion and crop surpluses; 7.11(4) enhancement or restoration of fish and wildlife habitat on lakes, streams, 7.12wetlands, and public and private forest lands; 7.13(5) acquisition and development of public access sites and recreation easements to 7.14lakes, streams, and rivers for fish and wildlife oriented recreation; 7.15(6) matching funds with government agencies, federally recognized Indian tribes and 7.16bands, and the private sector for acquisition and improvement of fish and wildlife habitat; 7.17(7) research and surveys of fish and wildlife species and habitat; 7.18(8) enforcement of natural resource laws and rules; 7.19(9) information and education; 7.20(10) implementing the aspen recycling program under section 88.80 and for other 7.21forest wildlife management projects; and 7.22(11) necessary support services to carry out these purposes. 7.23    Sec. 15. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read: 7.24    Subd. 2a. Harvest of bait from infested waters. The commissioner may issue a 7.25permit to allow the harvest of bait new text begin : new text end 7.26     new text begin (1) new text end from waters that are designated as infested waters, except those designated 7.27because they contain prohibited invasive species of fish new text begin or certifiable diseases of fish as new text end 7.28 new text begin defined in section 17.4982, subdivision 6; and new text end 7.29     new text begin (2) from infested waters as allowed under section 97C.341, paragraph (c) new text end . 7.30    The permit shall include conditions necessary to avoid spreading aquatic invasive 7.31species. Before receiving a permit, a person annually must satisfactorily complete aquatic 7.32invasive species-related training provided by the commissioner. 7.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 7.34    Sec. 16. Minnesota Statutes 2010, section 97A.015, subdivision 24, is amended to read: 8.1    Subd. 24. Game birds. "Game birds" means migratory waterfowl, ring-necked 8.2pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray 8.3partridge, bobwhite quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning 8.4dove, new text begin sandhill crane, new text end American woodcock, and common snipe. 8.5    Sec. 17. Minnesota Statutes 2010, section 97A.015, subdivision 49, is amended to read: 8.6    Subd. 49. Undressed bird. "Undressed bird" means: 8.7(1) a bird, excluding migratory waterfowl, pheasant, Hungarian partridge, turkey, or 8.8grouse new text begin ducks new text end , with feet and new text begin a fully new text end feathered head new text begin wing new text end intact; 8.9(2) a migratory waterfowl, excluding geese, new text begin duck new text end with a fully feathered wing and 8.10head attached; new text begin or new text end 8.11(3) a pheasant, Hungarian partridge, new text begin or wild new text end turkey, or grouse with one leg and foot 8.12or the fully feathered head or wing intact; or new text begin . new text end 8.13(4) a goose with a fully feathered wing attached. 8.14    Sec. 18. Minnesota Statutes 2010, section 97A.015, subdivision 52, is amended to read: 8.15    Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow, 8.16blackbird, starling, magpie, cormorant, common pigeon, new text begin Eurasian collared dove, new text end chukar 8.17partridge, quail other than bobwhite quail, and mute swan. 8.18    Sec. 19. Minnesota Statutes 2010, section 97A.015, subdivision 55, is amended to read: 8.19    Subd. 55. Wild animals. "Wild animals" means all living creatures, new text begin whether dead or new text end 8.20 new text begin alive, new text end not human, wild by nature, endowed with sensation and power of voluntary motion, 8.21and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks. 8.22    Sec. 20. Minnesota Statutes 2010, section 97A.028, subdivision 3, is amended to read: 8.23    Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of 8.24this subdivision, "cooperative damage management agreement" means an agreement 8.25between a landowner or tenant and the commissioner that establishes a program for 8.26addressing the problem of destruction of the landowner's or tenant's specialty crops or 8.27stored forage crops by wild animals, or destruction of agricultural crops by flightless 8.28Canada geese new text begin , or destruction of agricultural crops or pasture by elk within the native elk new text end 8.29 new text begin range, as determined by the commissioner new text end . 8.30    (b) A landowner or tenant may apply to the commissioner for emergency deterrent 8.31materials assistance in controlling destruction of the landowner's or tenant's specialty 8.32crops or stored forage crops by wild animals, or destruction of agricultural crops by 9.1flightless Canada geese new text begin , or destruction of agricultural crops or pasture by elk within the new text end 9.2 new text begin native elk range, as determined by the commissioner new text end . Subject to the availability of money 9.3appropriated for this purpose, the commissioner shall provide suitable deterrent materials 9.4when the commissioner determines that: 9.5    (1) immediate action is necessary to prevent significant damage from continuing; and 9.6    (2) a cooperative damage management agreement cannot be implemented 9.7immediately. 9.8    (c) A person may receive emergency deterrent materials assistance under this 9.9subdivision more than once, but the cumulative total value of deterrent materials provided 9.10to a person, or for use on a parcel, may not exceed $3,000 new text begin $5,000 new text end for specialty crops, $750 new text begin new text end 9.11 new text begin $1,500 new text end for protecting stored forage crops, or $500 new text begin $1,000 new text end for agricultural crops damaged 9.12by flightless Canada geese. new text begin The value of deterrent materials provided to a person to help new text end 9.13 new text begin protect stored forage crops, agricultural crops, or pasture from damage by elk may not new text end 9.14 new text begin exceed $5,000. new text end If a person is a co-owner or cotenant with respect to the specialty crops 9.15for which the deterrent materials are provided, the deterrent materials are deemed to be 9.16"provided" to the person for the purposes of this paragraph. 9.17    (d) As a condition of receiving emergency deterrent materials assistance under this 9.18subdivision, a landowner or tenant shall enter into a cooperative damage management 9.19agreement with the commissioner. Deterrent materials provided by the commissioner may 9.20include repellents, fencing materials, or other materials recommended in the agreement 9.21to alleviate the damage problem. If requested by a landowner or tenant, any fencing 9.22materials provided must be capable of providing long-term protection of specialty crops. 9.23A landowner or tenant who receives emergency deterrent materials assistance under 9.24this subdivision shall comply with the terms of the cooperative damage management 9.25agreement. 9.26    Sec. 21. Minnesota Statutes 2010, section 97A.101, subdivision 3, is amended to read: 9.27    Subd. 3. Fishing may not be restricted. Seasons or methods of taking fish new text begin other new text end 9.28 new text begin than minnows new text end may not be restricted under this section. 9.29    Sec. 22. Minnesota Statutes 2010, section 97A.311, subdivision 5, is amended to read: 9.30    Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not 9.31including any issuing fees paid under section 97A.485, subdivision 6, if new text begin the request is new text end 9.32 new text begin received within 90 days of the original license purchase and new text end : 9.33    (1) the licensee dies before the opening of the licensed season. The original license 9.34and a copy of the death certificate must be provided to the commissioner; 10.1    (2) the licensee is unable to participate in the licensed activity because the licensee is 10.2called to active military duty or military leave is canceled during the entire open season of 10.3the licensed activity. The original license and a copy of the military orders or notice of 10.4cancellation of leave must be provided to the commissioner; or 10.5    (3) the licensee purchased two licenses for the same license season in error. new text begin ; or new text end 10.6 new text begin (4) the licensee was not legally required to purchase the license to participate new text end 10.7 new text begin in the activity. new text end 10.8    (b) This subdivision does not apply to lifetime licenses. 10.9    Sec. 23. Minnesota Statutes 2010, section 97A.321, subdivision 1, is amended to read: 10.10    Subdivision 1. Owner responsibility; penalty amount. The owner of a dog that 10.11pursues but does not kill a big game animal is subject to a civil penalty of $100 for each 10.12violation. The owner of a dog that kills new text begin or mortally wounds new text end a big game animal is subject 10.13to a civil penalty of $500 for each violation. 10.14    Sec. 24. Minnesota Statutes 2010, section 97A.331, is amended by adding a 10.15subdivision to read: 10.16     new text begin Subd. 4a. new text end new text begin Hunting big game while under revocation. new text end new text begin Notwithstanding section new text end 10.17 new text begin 97A.421, subdivision 7, a person who takes big game during the time the person is new text end 10.18 new text begin prohibited from obtaining a license to take big game under section 97A.421 is guilty new text end 10.19 new text begin of a gross misdemeanor. new text end 10.20    Sec. 25. Minnesota Statutes 2010, section 97A.405, subdivision 2, is amended to read: 10.21    Subd. 2. Personal possession. (a) A person acting under a license or traveling from 10.22an area where a licensed activity was performed must have in personal possession either: 10.23(1) the proper license, if the license has been issued to and received by the person; or (2) 10.24the proper license identification number or stamp validation, if the license has been sold to 10.25the person by electronic means but the actual license has not been issued and received. 10.26    (b) If possession of a license or a license identification number is required, a person 10.27must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 10.28license if the license has been issued to and received by the person; or (2) the proper 10.29license identification number or stamp validation and a valid state driver's license, state 10.30identification card, or other form of identification provided by the commissioner, if the 10.31license has been sold to the person by electronic means but the actual license has not been 10.32issued and received. A person charged with violating the license possession requirement 10.33shall not be convicted if the person produces in court or the office of the arresting officer, 11.1the actual license previously issued to that person, which was valid at the time of arrest, 11.2or satisfactory proof that at the time of the arrest the person was validly licensed. Upon 11.3request of a conservation officer or peace officer, a licensee shall write the licensee's name 11.4in the presence of the officer to determine the identity of the licensee. 11.5    (c) If the actual license has been issued and received, a receipt for license fees, a 11.6copy of a license, or evidence showing the issuance of a license, including the license 11.7identification number or stamp validation, does not entitle a licensee to exercise the rights 11.8or privileges conferred by a license. 11.9    (d) A license issued electronically and not immediately provided to the licensee 11.10shall be mailed to the licensee within 30 days of purchase of the license. A pictorial 11.11migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to 11.12the licensee after purchase of a stamp validation only if the licensee pays an additional $2 11.13fee new text begin that covers the costs of producing and mailing a pictorial stamp new text end . A pictorial turkey 11.14stamp may be purchased for a $2 fee. new text begin that covers the costs of producing and mailing the new text end 11.15 new text begin pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written new text end 11.16 new text begin order published in the State Register, establish fees for providing the pictorial stamps. new text end 11.17 new text begin The fees must be set in an amount that does not recover significantly more or less than new text end 11.18 new text begin the cost of producing and mailing the stamps. The fees are not subject to the rulemaking new text end 11.19 new text begin provisions of chapter 14, and section 14.386 does not apply. new text end 11.20    Sec. 26. Minnesota Statutes 2010, section 97A.415, subdivision 2, is amended to read: 11.21    Subd. 2. Transfer prohibited. A person may not lend, transfer, borrow, or solicit 11.22a license or permit, license identification number, application for a license or permit, 11.23coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag, 11.24or seal not issued to the person unless otherwise expressly authorized. new text begin A person may new text end 11.25 new text begin transfer a license, as prescribed by the commissioner, for use by a person with a severe new text end 11.26 new text begin disability or critical illness who is participating in a hunting or fishing program sponsored new text end 11.27 new text begin by a nonprofit organization. new text end 11.28    Sec. 27. Minnesota Statutes 2010, section 97A.425, subdivision 3, is amended to read: 11.29    Subd. 3. Reports. Except for persons licensed to mount specimens of wild 11.30animals, an annual report covering the preceding license year must be submitted to the 11.31commissioner by March 15. The commissioner may require other reports for statistical 11.32purposes. The reports must be on forms supplied new text begin or approved new text end by the commissioner. 12.1    Sec. 28. Minnesota Statutes 2010, section 97A.433, is amended by adding a 12.2subdivision to read: 12.3     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 12.4 new text begin a separate selection for 20 percent of the elk licenses to be issued each year. Only new text end 12.5 new text begin individuals who have applied at least ten times for an elk license and who have never new text end 12.6 new text begin received a license are eligible for this separate selection. new text end 12.7    Sec. 29. Minnesota Statutes 2010, section 97A.435, subdivision 1, is amended to read: 12.8    Subdivision 1. Number of licenses to be issued new text begin License issuance new text end . The 12.9commissioner shall include in a rule setting the dates for a turkey season the number of 12.10licenses to be issued new text begin rules setting turkey seasons the methods for issuing licenses for new text end 12.11 new text begin those seasons new text end . 12.12    Sec. 30. Minnesota Statutes 2010, section 97A.445, subdivision 1a, is amended to read: 12.13    Subd. 1a. Angling in a state park. new text begin (a) new text end A resident may take fish by angling without 12.14an angling license new text begin : new text end 12.15 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 12.16 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 12.17 new text begin through the ice on new text end water bodies completely encompassed within the statutory boundary of 12.18the state park. 12.19 new text begin (b) new text end The exemption from an angling license does not apply to waters where a trout 12.20stamp is required. 12.21    Sec. 31. Minnesota Statutes 2010, section 97A.465, subdivision 5, is amended to read: 12.22    Subd. 5. Preference to service members. (a) For purposes of this subdivision: 12.23(1) "qualified service member or veteran" means a Minnesota resident who new text begin : new text end 12.24 new text begin (i) new text end is currently serving, or has served at any time during the past 24 months, in active 12.25service as a member of the United States armed forces, including the National Guard or 12.26other military reserves new text begin ; new text end 12.27 new text begin (ii) has received a Purple Heart medal for qualifying military service, as shown by new text end 12.28 new text begin official military records; or new text end 12.29 new text begin (iii) has a service-connected disability rated at 100 percent as defined by the United new text end 12.30 new text begin States Department of Veterans Affairs new text end ; and 12.31(2) "active service" means service defined under section 190.05, subdivision 5b or 5c. 12.32(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or 12.33administrative rules, the commissioner may give first preference to qualified service 13.1members or veterans in any drawing or lottery involving the selection of applicants for 13.2hunting or fishing licenses, permits, and special permits. This subdivision does not 13.3apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the 13.4commissioner under this subdivision are not rules under the Administrative Procedure Act 13.5and section 14.386 does not apply. 13.6    Sec. 32. Minnesota Statutes 2010, section 97A.475, subdivision 7, is amended to read: 13.7    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued 13.8to nonresidents, are: 13.9    (1) to take fish by angling, $37.50; 13.10    (2) to take fish by angling limited to seven consecutive days selected by the licensee, 13.11$26.50; 13.12    (3) to take fish by angling for a 72-hour period selected by the licensee, $22; 13.13    (4) to take fish by angling for a combined license for a family for one or both parents 13.14and dependent children under the age of 16, $50.50; 13.15    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; 13.16    (6) to take fish by angling for a combined license for a married couple, limited to 14 13.17consecutive days selected by one of the licensees, $38.50; and 13.18(7) to take fish by spearing from a dark house, $37.50. 13.19    (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses 13.20issued under paragraph (a), clause (5) new text begin , and licenses purchased at the resident fee by new text end 13.21 new text begin nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b) new text end . An 13.22additional commission may not be assessed on this surcharge. 13.23    Sec. 33. Minnesota Statutes 2010, section 97A.502, is amended to read: 13.2497A.502 DEER KILLED BY MOTOR VEHICLES. 13.25 new text begin (a) new text end Deer killed by a motor vehicle on a public road must be removed by the road 13.26authority, as defined by section 160.02, subdivision 25 new text begin , unless the driver of the motor new text end 13.27 new text begin vehicle is allowed to possess the deer under paragraph (b) new text end . The commissioner of natural 13.28resources must provide to all road authorities standard forms for statistical purposes and 13.29the tracking of wild animals. 13.30 new text begin (b) The driver of a motor vehicle that has collided with and killed a deer on a public new text end 13.31 new text begin road has priority for a possession permit for the entire deer if the facts indicate that the new text end 13.32 new text begin deer was not taken illegally. new text end 13.33    Sec. 34. Minnesota Statutes 2010, section 97A.505, subdivision 2, is amended to read: 14.1    Subd. 2. Possession of unlawful animals brought into state prohibited. new text begin (a) new text end A 14.2person may not possess a wild animal that has been unlawfully taken, bought, sold, or 14.3possessed outside the state, or unlawfully shipped into the state. 14.4 new text begin (b) When entering the state from Canada, a person who possesses fish that were new text end 14.5 new text begin unlawfully taken or possessed under paragraph (a) may be charged in the same manner as new text end 14.6 new text begin for possessing fish that were unlawfully taken or possessed in the state. new text end 14.7    Sec. 35. Minnesota Statutes 2010, section 97A.545, subdivision 5, is amended to read: 14.8    Subd. 5. Birds must be in undressed condition; exceptions. (a) Except as 14.9provided in paragraph (b), a person may ship or otherwise transport game birds in an 14.10undressed condition only. 14.11(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported: 14.12(1) were taken on a shooting preserve and are marked or identified in accordance 14.13with section 97A.121, subdivision 5; 14.14(2) were taken, dressed, and lawfully shipped or otherwise transported in another 14.15state; or 14.16(3) are migratory game birds that were lawfully tagged and packed by a federally 14.17permitted migratory bird preservation facility. new text begin ; or new text end 14.18 new text begin (4) are doves shipped or transported in accordance with federal law. new text end 14.19    Sec. 36. new text begin [97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION. new text end 14.20 new text begin A parent or guardian may not knowingly direct, allow, or permit a person under the new text end 14.21 new text begin age of 18 to hunt without the required license, permit, training, or certification, or in new text end 14.22 new text begin violation of the game and fish laws. new text end 14.23    Sec. 37. Minnesota Statutes 2010, section 97B.022, subdivision 2, is amended to read: 14.24    Subd. 2. Apprentice hunter validation requirements. A resident born after 14.25December 31, 1979, who is age 12 or older new text begin over new text end and who does not possess a new text begin hunter new text end 14.26 new text begin education new text end firearms safety certificate may be issued an apprentice hunter validation. An 14.27apprentice hunter validation is valid for only one new text begin may be purchased two new text end license year new text begin years new text end 14.28in a lifetime new text begin and used to obtain hunting licenses during the same license year that the new text end 14.29 new text begin validation is purchased new text end . An individual in possession of an apprentice hunter validation 14.30may hunt small game and new text begin , new text end deer new text begin , and bear new text end only when accompanied by an adult licensed to 14.31hunt in Minnesota whose license was not obtained using an apprentice hunter validation. 14.32An apprentice hunter validation holder must obtain all required licenses and stamps. 15.1    Sec. 38. Minnesota Statutes 2010, section 97B.031, subdivision 5, is amended to read: 15.2    Subd. 5. Scopes; visually impaired hunters. (a) Notwithstanding any other law 15.3to the contrary, the commissioner may issue a special permit, without a fee, to use a 15.4muzzleloader with a scope to take deer during the muzzleloader season to a person who 15.5obtains the required licenses and who has a visual impairment. The scope may not have 15.6magnification capabilities. 15.7(b) The visual impairment must be to the extent that the applicant is unable to 15.8identify targets and the rifle sights at the same time without a scope. The visual impairment 15.9and specific conditions must be established by medical evidence verified in writing by new text begin new text end 15.10 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 15.11 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 15.12 new text begin a licensed new text end optometrist. The commissioner may request additional information from the 15.13physician if needed to verify the applicant's eligibility for the permit. 15.14(c) A permit issued under this subdivision may be valid for up to five years, based 15.15on the permanence of the visual impairment as determined by the licensed physician, 15.16ophthalmologist, or optometrist. 15.17(d) The permit must be in the immediate possession of the permittee when hunting 15.18under the special permit. 15.19(e) The commissioner may deny, modify, suspend, or revoke a permit issued under 15.20this subdivision for cause, including a violation of the game and fish laws or rules. 15.21(f) A person who knowingly makes a false application or assists another in making 15.22a false application for a permit under this subdivision is guilty of a misdemeanor. A 15.23physician, new text begin certified nurse practitioner, certified physician assistant, new text end ophthalmologist, or 15.24optometrist who fraudulently certifies to the commissioner that a person is visually 15.25impaired as described in this subdivision is guilty of a misdemeanor. 15.26    Sec. 39. Minnesota Statutes 2010, section 97B.041, is amended to read: 15.2797B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED 15.28IN DEER ZONES. 15.29     new text begin (a) new text end A person may not possess a firearm or ammunition outdoors during the period 15.30beginning the fifth day before the open firearms season and ending the second day after 15.31the close of the season within an area where deer may be taken by a firearm, except: 15.32    (1) during the open season and in an area where big game may be taken, a firearm 15.33and ammunition authorized for taking big game in that area may be used to take big game 15.34in that area if the person has a valid big game license in possession; 15.35    (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle; 16.1    (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot 16.2or steel shot; 16.3    (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber, 16.4including .22 magnum caliber cartridges; 16.5    (5) handguns possessed by a person authorized to carry a handgun under sections 16.6624.714 and 624.715 for the purpose authorized; and 16.7    (6) on a target range operated under a permit from the commissioner. 16.8     new text begin (b) new text end This section does not apply during an open firearms season in an area where deer 16.9may be taken only by muzzleloader, except that muzzleloading firearms lawful for the 16.10taking of deer may be possessed only by persons with a valid license to take deer by 16.11muzzleloader new text begin , and those persons may not possess a firearm other than a muzzleloader legal new text end 16.12 new text begin for taking deer under section 97B.031, subdivision 1, or a handgun under paragraph (a), new text end 16.13 new text begin clause (4) or (5), when muzzleloader hunting new text end during that new text begin the muzzleloader new text end season. 16.14    Sec. 40. Minnesota Statutes 2010, section 97B.045, subdivision 3, is amended to read: 16.15    Subd. 3. Exceptions; hunting and shooting ranges. (a) Notwithstanding 16.16provisions to the contrary under this chapter, a person may transport an unloaded, uncased 16.17firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a 16.18shooting range, as defined under section 87A.01, subdivision 3, where the person has 16.19received permission from the lawful owner or possessor to discharge firearms; lawfully 16.20hunting on private or public land; or travelling to or from a site the person intends to hunt 16.21lawfully that day or has hunted lawfully that day, unless: 16.22(1) within Anoka, Hennepin, or Ramsey County; 16.23(2) within an area where the discharge of a firearm has been prohibited under section 16.24; 16.25(3) new text begin (2) new text end within the boundaries of a home rule charter or statutory city with a 16.26population of 2,500 or more; 16.27(4) new text begin (3) new text end on school grounds; or 16.28(5) new text begin (4) new text end otherwise restricted under section 97A.091, 97B.081, or 97B.086. 16.29(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired 16.30by the use of a single hand and with an overall length less than 26 inches, or having a 16.31barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel 16.32of a length less than 16 inches in the case of a rifle: 16.33(1) from which may be fired or ejected one or more solid projectiles by means 16.34of a cartridge or shell or by the action of an explosive or the igniting of flammable or 16.35explosive substances; or 17.1(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or 17.2other gas, or vapor. 17.3Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less, 17.4in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used 17.5in the construction industry, or children's pop guns or toys. 17.6    Sec. 41. Minnesota Statutes 2010, section 97B.055, subdivision 3, is amended to read: 17.7    Subd. 3. Hunting from vehicle by disabled hunters. (a) The commissioner may 17.8issue a special permit, without a fee, to discharge a firearm or bow and arrow from a 17.9stationary motor vehicle to a person who obtains the required licenses and who has a 17.10permanent physical disability that is more substantial than discomfort from walking. The 17.11permit recipient must be: 17.12(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or 17.13other mechanical support or prosthetic device; or 17.14(2) unable to walk any distance because of a permanent lung, heart, or other internal 17.15disease that requires the person to use supplemental oxygen to assist breathing. 17.16(b) The permanent physical disability must be established by medical evidence 17.17verified in writing by a licensed physician or new text begin , new text end chiropractor new text begin , or certified nurse practitioner new text end 17.18 new text begin or certified physician assistant acting under the direction of a licensed physician new text end . The 17.19commissioner may request additional information from the physician or chiropractor 17.20if needed to verify the applicant's eligibility for the permit. Notwithstanding section 17.2197A.418 , the commissioner may, in consultation with appropriate advocacy groups, 17.22establish reasonable minimum standards for permits to be issued under this section. In 17.23addition to providing the medical evidence of a permanent disability, the applicant must 17.24possess a valid disability parking certificate authorized by section 169.345 or license 17.25plates issued under section 168.021. 17.26(c) A person issued a special permit under this subdivision and hunting deer may 17.27take a deer of either sex, except in those antlerless permit areas and seasons where no 17.28antlerless permits are offered. This subdivision does not authorize another member of a 17.29party to take an antlerless deer under section 97B.301, subdivision 3. 17.30(d) A permit issued under this subdivision is valid for five years. 17.31(e) The commissioner may deny, modify, suspend, or revoke a permit issued under 17.32this section for cause, including a violation of the game and fish laws or rules. 17.33(f) A person who knowingly makes a false application or assists another in making a 17.34false application for a permit under this section is guilty of a misdemeanor. A physician new text begin , new text end 17.35 new text begin certified nurse practitioner, certified physician assistant, new text end or chiropractor who fraudulently 18.1certifies to the commissioner that a person is permanently disabled as described in this 18.2section is guilty of a misdemeanor. 18.3(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for 18.4the entire life of the applicant if the commissioner determines that there is no chance 18.5that an applicant will become ineligible for a permit under this section and the applicant 18.6requests a lifetime permit. 18.7    Sec. 42. Minnesota Statutes 2010, section 97B.075, is amended to read: 18.897B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING. 18.9    (a) A person may not take protected wild animals, except raccoon and fox, with 18.10a firearm between the evening and morning times established by commissioner's rule, 18.11except as provided in this section. 18.12    (b) Big game may be taken from one-half hour before sunrise until one-half hour 18.13after sunset. 18.14    (c) Except as otherwise prescribed by the commissioner on or before the Saturday 18.15nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset 18.16during the entire season prescribed by the commissioner. On the opening day of the duck 18.17season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m. 18.18    Sec. 43. Minnesota Statutes 2010, section 97B.106, subdivision 1, is amended to read: 18.19    Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may 18.20issue a special permit, without a fee, to take big game, small game, or rough fish with a 18.21crossbow to a person that is unable to hunt or take rough fish by archery because of a 18.22permanent or temporary physical disability. A crossbow permit issued under this section 18.23also allows the permittee to use a bow with a mechanical device that draws, releases, or 18.24holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a). 18.25    (b) To qualify for a crossbow permit under this section, a temporary disability 18.26must render the person unable to hunt or fish by archery for a minimum of two years 18.27after application for the permit is made. The permanent or temporary disability must 18.28be established by medical evidence, and the inability to hunt or fish by archery for the 18.29required 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 18.30 new text begin nurse practitioner or certified physician assistant acting under the direction of a licensed new text end 18.31 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 18.32under this section because of a permanent disability is eligible for subsequent special 18.33permits without providing medical evidence and verification of the disability. 18.34    (c) The person must obtain the appropriate license. 19.1    Sec. 44. Minnesota Statutes 2010, section 97B.211, subdivision 1, is amended to read: 19.2    Subdivision 1. Possession of firearms prohibited. new text begin (a) new text end A person may not take deer 19.3by archery while in possession of a firearm. 19.4 new text begin (b) Paragraph (a) does not apply to a person carrying a handgun in compliance new text end 19.5 new text begin with section 624.714. new text end 19.6    Sec. 45. Minnesota Statutes 2010, section 97B.325, is amended to read: 19.797B.325 DEER STAND RESTRICTIONS. 19.8A person may not take deer from a constructed platform or other structure that is 19.9located within the right-of-way of an improved public highway or is higher than 16 feet 19.10above the ground. The height restriction does not apply to a portable stand that is chained, 19.11belted, clamped, or tied with rope. 19.12    Sec. 46. Minnesota Statutes 2010, section 97B.405, is amended to read: 19.1397B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS. 19.14    (a) The commissioner may limit the number of persons that may hunt bear in an 19.15area, if it is necessary to prevent an overharvest or improve the distribution of hunters. 19.16The commissioner may establish, by rule, a method, including a drawing, to impartially 19.17select the hunters for an area. The commissioner shall give preference to hunters that have 19.18previously applied and have not been selected. 19.19    (b) In the case of a drawing, the commissioner shall allow a person to apply for a 19.20permit in more than one area at the same time and rank the person's choice of area. new text begin A new text end 19.21 new text begin person selected through a drawing must purchase a license by August 1. Any remaining new text end 19.22 new text begin available licenses not purchased shall be issued to any eligible person as prescribed by new text end 19.23 new text begin the commissioner on a first-come, first-served basis beginning three business days after new text end 19.24 new text begin August 1. new text end 19.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 19.26    Sec. 47. new text begin [97B.4251] BAITING BEAR; USE OF DRUM. new text end 19.27 new text begin Notwithstanding section 97B.425, a private landowner or person authorized by the new text end 19.28 new text begin private landowner may use a drum to bait bear on the person's private land. The drum new text end 19.29 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 19.30 new text begin bear and the drum may not include a mechanical device for dispensing feed. The drum new text end 19.31 new text begin must be marked with the name and address of the person who registered the bait site. For new text end 19.32 new text begin purposes of this section, "drum" means a 30 gallon or larger drum. new text end 20.1    Sec. 48. new text begin [97B.435] RESEARCH BEARS. new text end 20.2 new text begin (a) The commissioner of natural resources shall annually notify, in writing, all new text end 20.3 new text begin persons with a license to take bear in a permit area with research bears subject to a request new text end 20.4 new text begin for protection under paragraph (b) of: new text end 20.5 new text begin (1) the location and nature of the research being conducted in the area; new text end 20.6 new text begin (2) how to identify a research bear; new text end 20.7 new text begin (3) a request to avoid shooting a research bear; and new text end 20.8 new text begin (4) procedures to follow if a research bear is taken. new text end 20.9 new text begin (b) A person conducting research on bears under an agreement with the new text end 20.10 new text begin commissioner of natural resources may request protection of the bears subject to the new text end 20.11 new text begin research under this section. The bears must be tagged with a visible fluorescent ribbon. new text end 20.12 new text begin (c) A request for protection under paragraph (b) shall be considered made in the bear new text end 20.13 new text begin permit area or areas that include any portion of the area east of Highway 53, in Townships new text end 20.14 new text begin 60 to 64 North, in central St. Louis County, until bear research, under agreement with the new text end 20.15 new text begin commissioner, is no longer conducted in the area. new text end 20.16    Sec. 49. Minnesota Statutes 2010, section 97B.515, is amended by adding a 20.17subdivision to read: 20.18     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 20.19 new text begin authorize licensed hunters to take elk that are causing damage or nuisance from August new text end 20.20 new text begin 15 to March 1 under rules prescribed by the commissioner. The commissioner may issue new text end 20.21 new text begin licenses to hunters impartially selected from a list of elk hunt applicants who indicated on new text end 20.22 new text begin their application that they would be interested and available to respond to an elk damage new text end 20.23 new text begin or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a new text end 20.24 new text begin person receiving a license to hunt elk under this subdivision does not lose eligibility new text end 20.25 new text begin for future elk hunts. new text end 20.26    Sec. 50. Minnesota Statutes 2010, section 97B.667, is amended to read: 20.2797B.667 REMOVAL OF new text begin BEAVERS, new text end BEAVER DAMS new text begin , new text end AND LODGES BY 20.28ROAD AUTHORITIES. 20.29When a drainage watercourse is impaired by a beaver dam and the water damages 20.30or threatens to damage a public road, the road authority, as defined in section 160.02, 20.31subdivision 25 , may remove the impairment and any associated beaver lodge within 300 20.32feet of the road. new text begin Notwithstanding any law to the contrary, the road authority may remove new text end 20.33 new text begin or kill or arrange to have removed or killed by any lawful means a beaver associated new text end 20.34 new text begin with the lodge. A road authority that kills or arranges to have killed a beaver under this new text end 21.1 new text begin section must notify a conservation officer or employee of the Wildlife Division within ten new text end 21.2 new text begin days after the animal is killed. A road authority may, after consultation with the Wildlife new text end 21.3 new text begin Division, implement a local beaver control program designed to reduce the number of new text end 21.4 new text begin incidents of beaver interfering with or damaging a public road. The local control program new text end 21.5 new text begin may include the offering of a bounty for the lawful taking of beaver. new text end 21.6    Sec. 51. Minnesota Statutes 2010, section 97B.803, is amended to read: 21.797B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS. 21.8(a) The commissioner shall prescribe seasons, limits, and areas for taking migratory 21.9waterfowl in accordance with federal law. 21.10(b) The regular duck season may not open before the Saturday closest to October 1. 21.11    Sec. 52. Minnesota Statutes 2010, section 97B.811, subdivision 3, is amended to read: 21.12    Subd. 3. Restrictions on leaving decoys unattended. During the open season for 21.13waterfowl, a person may not leave decoys in public waters between sunset and two hours 21.14before lawful shooting hours or leave decoys unattended during other times for more than 21.15three consecutive hours unless: 21.16(1) the decoys are in waters adjacent to new text begin completely surrounded by new text end private land 21.17under the control of the hunter; and 21.18(2) there is not natural vegetation growing in water sufficient to partially conceal a 21.19hunter new text begin and there is no public access to the water new text end . 21.20    Sec. 53. Minnesota Statutes 2010, section 97C.005, subdivision 3, is amended to read: 21.21    Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance 21.22with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, 21.23establish open seasons, limits, methods, and other requirements for taking fish on special 21.24management waters. new text begin The commissioner may, by written order published in the State new text end 21.25 new text begin Register, amend daily, possession, or size limits to make midseason adjustments based new text end 21.26 new text begin on available harvest, angling pressure, and population data to manage the fisheries in the new text end 21.27 new text begin 1837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa new text end 21.28 new text begin v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in daily, possession, or new text end 21.29 new text begin size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386 new text end 21.30 new text begin does not apply. Before the written order is effective, the commissioner shall attempt to new text end 21.31 new text begin notify persons or groups of persons affected by the written order by public announcement, new text end 21.32 new text begin posting, and other appropriate means as determined by the commissioner. new text end 22.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.2    Sec. 54. new text begin [97C.007] NORTHERN PIKE EXPERIMENTAL AND SPECIAL new text end 22.3 new text begin MANAGEMENT WATERS. new text end 22.4 new text begin The combined number of lakes designated for northern pike under sections 97C.001 new text end 22.5 new text begin and 97C.005 may not exceed 90 at one time. Until August 1, 2021, the designated lakes new text end 22.6 new text begin must be selected from the lakes identified in rules adopted under sections 97C.001 and new text end 22.7 new text begin 97C.005 with northern pike slot limits effective on January 1, 2011. A designation under new text end 22.8 new text begin this section must continue for at least ten years, at which time the commissioner shall new text end 22.9 new text begin determine, based on scientific studies, whether the designation should be discontinued. new text end 22.10    Sec. 55. Minnesota Statutes 2010, section 97C.081, subdivision 3, is amended to read: 22.11    Subd. 3. Contests requiring a permit. (a) new text begin Unless subdivision 3a applies, new text end a person 22.12must have a permit from the commissioner to conduct a fishing contest that does not meet 22.13the criteria in subdivision 2. new text begin if: new text end 22.14 new text begin (1) there are more than 25 boats for open water contests, more than 150 participants new text end 22.15 new text begin for ice fishing contests, or more than 100 participants for shore fishing contests; new text end 22.16 new text begin (2) entry fees are more than $25 per person; or new text end 22.17 new text begin (3) the contest is limited to trout species. new text end 22.18 new text begin (b) new text end The commissioner shall charge a fee for the permit that recovers the costs of 22.19issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding 22.20section 16A.1283, the commissioner may, by written order published in the State Register, 22.21establish contest permit fees. The fees are not subject to the rulemaking provisions of 22.22chapter 14 and section 14.386 does not apply. 22.23    (b) new text begin (c) The commissioner may require the applicant to furnish evidence of financial new text end 22.24 new text begin responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000 new text end 22.25if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and 22.26if the applicant has either: 22.27    (1) not previously conducted a fishing contest requiring a permit under this 22.28subdivision; or 22.29    (2) ever failed to make required prize awards in a fishing contest conducted by 22.30the applicant, the commissioner may require the applicant to furnish the commissioner 22.31evidence of financial responsibility in the form of a surety bond or bank letter of credit in 22.32the amount of $25,000. 22.33    (c) new text begin (d) new text end The permit fee for any individual contest may not exceed the following 22.34amounts: 23.1    (1) $60 for an open water contest not exceeding 50 boats and without off-site 23.2weigh-in; 23.3    (2) $200 for an open water contest with more than 50 boats and without off-site 23.4weigh-in; 23.5    (3) $250 for an open water contest not exceeding 50 boats with off-site weigh-in; 23.6    (4) $500 for an open water contest with more than 50 boats with off-site weigh-in; or 23.7    (5) $120 for an ice fishing contest with more than 150 participants. 23.8    Sec. 56. Minnesota Statutes 2010, section 97C.081, is amended by adding a 23.9subdivision to read: 23.10     new text begin Subd. 3a. new text end new text begin Contests without a permit. new text end new text begin A person may conduct a fishing contest new text end 23.11 new text begin without a permit from the commissioner if: new text end 23.12 new text begin (1) the contest is not limited to specifically named waters; new text end 23.13 new text begin (2) all the contest participants are age 18 years or under; new text end 23.14 new text begin (3) the contest is limited to rough fish; or new text end 23.15 new text begin (4) the total prize value is $500 or less. new text end 23.16    Sec. 57. Minnesota Statutes 2010, section 97C.087, subdivision 2, is amended to read: 23.17    Subd. 2. Application for tag. Application for special fish management tags must 23.18be accompanied by a $5, nonrefundable application fee for each tag. A person may not 23.19make more than one tag application each new text begin calendar new text end year. If a person makes more than one 23.20application, the person is ineligible for a special fish management tag for that season new text begin new text end 23.21 new text begin calendar year new text end after determination by the commissioner, without a hearing. 23.22    Sec. 58. Minnesota Statutes 2010, section 97C.205, is amended to read: 23.2397C.205 TRANSPORTING AND STOCKING FISH. 23.24    (a) Except on the water body where taken, a person may not transport a live fish in a 23.25quantity of water sufficient to keep the fish alive, unless the fish: 23.26    (1) is being transported under an aquaculture license as authorized under sections 23.2717.4985 and 17.4986; 23.28    (2) is being transported for a fishing contest weigh-in under section 97C.081; 23.29    (3) is a minnow being transported under section 97C.505 or 97C.515; 23.30    (4) is being transported by a commercial fishing license holder under section 23.3197C.821 ; or 23.32    (5) is being transported as otherwise authorized in this section or as prescribed for 23.33certifiable diseases under sections 17.46 to 17.4999. 24.1    (b) The commissioner may adopt rules to allow and regulate: 24.2    (1) the transportation of fish and fish eggs; and 24.3    (2) the stocking of waters with fish or fish eggs. 24.4    (c) The commissioner must allow the possession of fish on special management or 24.5experimental waters to be prepared as a meal on the ice or on the shore of that water 24.6body if the fish: 24.7    (1) were lawfully taken; 24.8    (2) have been packaged by a licensed fish packer; and 24.9    (3) do not otherwise exceed the statewide possession limits. 24.10    (d) The commissioner shall prescribe rules designed to encourage local sporting 24.11organizations to propagate game fish by using rearing ponds. The rules must: 24.12    (1) prescribe methods to acquire brood stock for the ponds by seining public waters; 24.13    (2) allow the sporting organizations to own and use seines and other necessary 24.14equipment; and 24.15    (3) prescribe methods for stocking the fish in public waters that give priority to the 24.16needs of the community where the fish are reared and the desires of the organization 24.17operating the rearing pond. 24.18    (e) A person age 16 or under may, for purposes of display in a home aquarium, 24.19transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white 24.20crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow, 24.21and brown bullheads taken by angling new text begin , except as otherwise ordered by the commissioner new text end 24.22 new text begin upon documentation of an emergency fish disease in Minnesota waters, as defined in new text end 24.23 new text begin section 17.4982, subdivision 9 new text end . No more than four of each species may be transported at 24.24any one time, and any individual fish can be no longer than ten inches in total length. new text begin The new text end 24.25 new text begin commissioner may, by written order published in the State Register, prohibit transportation new text end 24.26 new text begin of live fish under this paragraph to help prevent spread of an emergency fish disease new text end 24.27 new text begin documented to occur in Minnesota waters. The order is exempt from the rulemaking new text end 24.28 new text begin provisions of chapter 14 and section 14.386 does not apply. new text end 24.29    Sec. 59. Minnesota Statutes 2010, section 97C.315, subdivision 1, is amended to read: 24.30    Subdivision 1. Lines. An angler may not use more than one line new text begin , new text end except: 24.31(1) two lines may be used to take fish new text begin : new text end 24.32 new text begin (1) new text end through the ice; and 24.33(2) the commissioner may, by rule, authorize the use of two lines in areas designated 24.34by the commissioner in Lake Superior new text begin from the shore, a dock, or a pier; and new text end 24.35 new text begin (3) from an anchored watercraft new text end . 25.1    Sec. 60. Minnesota Statutes 2010, section 97C.341, is amended to read: 25.297C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT. 25.3(a) A person may not use live minnows imported from outside of the state, game 25.4fish, goldfish, or carp for bait. new text begin The commissioner may, by written order published in new text end 25.5 new text begin the State Register, authorize use of game fish eggs as bait and prescribe restrictions on new text end 25.6 new text begin their use. The order is exempt from the rulemaking provisions of chapter 14 and section new text end 25.7 new text begin 14.386 does not apply. new text end 25.8(b) A person may not import or possess live, frozen, or processed bait from known 25.9waters where viral hemorrhagic septicemia has been identified as being present new text begin , except as new text end 25.10 new text begin provided in paragraph (c) new text end . For purposes of this paragraph, "bait" includes fish, aquatic 25.11worms, amphibians, invertebrates, and insects used for angling new text begin taking wild animals in new text end 25.12 new text begin waters of the state new text end . 25.13     new text begin (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may new text end 25.14 new text begin be used as: new text end 25.15     new text begin (1) fresh or frozen bait only on Lake Superior; or new text end 25.16     new text begin (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a new text end 25.17 new text begin manner prescribed by rules adopted by the commissioner. new text end 25.18 new text begin (d) To ensure that frozen or dead fish being brought into the state are not in violation new text end 25.19 new text begin of paragraph (b), the following paperwork must accompany the shipment. Documents new text end 25.20 new text begin must be open for inspection by the commissioner at any reasonable time. All documents new text end 25.21 new text begin must be available to purchasers of these bait items. Each container or package of frozen or new text end 25.22 new text begin dead fish must have the following information: new text end 25.23 new text begin (1) water body source; new text end 25.24 new text begin (2) lot number; new text end 25.25 new text begin (3) company contact including name, phone, and address; new text end 25.26 new text begin (4) date of packaging and labeling; and new text end 25.27 new text begin (5) valid negative fish health certification from the source water body. new text end 25.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.29    Sec. 61. new text begin [97C.342] CERTIFICATION THAT FROZEN OR DEAD FISH BAIT new text end 25.30 new text begin ARE DISEASE FREE. new text end 25.31     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have new text end 25.32 new text begin the meanings given: new text end 25.33 new text begin (1) "Water body" means waters identified by a unique Department of Natural new text end 25.34 new text begin Resources public water identification number; a body of water that has defined boundaries new text end 26.1 new text begin and that has no Department of Natural Resources public water identification number; or new text end 26.2 new text begin a section of stream designated by a Kittle number, lock and dam numbering system, or new text end 26.3 new text begin to the upstream and downstream barrier. new text end 26.4 new text begin (2) "Commercial license" means a license issued under section 97A.475, subdivision new text end 26.5 new text begin 26, 27, 29, or 30. new text end 26.6     new text begin Subd. 2. new text end new text begin Bait restrictions. new text end new text begin Frozen or dead fish on the official list of viral new text end 26.7 new text begin hemorrhagic septicemia susceptible species published by the United States Department of new text end 26.8 new text begin Agriculture, Animal and Plant Health Inspection Services; cisco (all Coregonus, including new text end 26.9 new text begin lake herring and tullibee); and smelt (all Osmerus, Spirincus, Hypomesus, and Allosmerus) new text end 26.10 new text begin being used as bait in waters of the state must originate from water bodies certified disease new text end 26.11 new text begin free. Certification for these water bodies is valid for one year from the date of test results. new text end 26.12     new text begin Subd. 3. new text end new text begin Testing requests. new text end new text begin As a part of commercial licensing procedures, a list of new text end 26.13 new text begin water bodies requiring a fish health certification for commercial bait harvest must be new text end 26.14 new text begin provided to the commissioner no later than March 1 of each year, except in 2011 the list new text end 26.15 new text begin must be provided by August 1. new text end 26.16     new text begin Subd. 4. new text end new text begin Certification fees. new text end new text begin Notwithstanding section 16A.1283, the commissioner new text end 26.17 new text begin may by written order published in the State Register, establish fees for the services and new text end 26.18 new text begin testing required to issue health certifications for a water body. The fees must be set in an new text end 26.19 new text begin amount that does not recover significantly more or less than the costs of providing services new text end 26.20 new text begin to health-certify a water body. The fees are not subject to the rulemaking provisions of new text end 26.21 new text begin chapter 14 and sections 14.125 and 14.386 do not apply. The services covered under new text end 26.22 new text begin this subdivision include: new text end 26.23 new text begin (1) cost of collecting the species for testing; new text end 26.24 new text begin (2) fish health inspection and certification, including initial tissue sample collection, new text end 26.25 new text begin basic fish health assessment, and fish disease testing; and new text end 26.26 new text begin (3) administrative overhead for tracking and documentation of testing. new text end 26.27     new text begin Subd. 5. new text end new text begin Transportation permit requirements. new text end new text begin A commercial licensee harvesting new text end 26.28 new text begin from a certified disease-free water body must obtain a live fish importation, transportation, new text end 26.29 new text begin and stocking permit to move fish from that source. A live fish importation, transportation, new text end 26.30 new text begin and stocking permit may be used for multiple shipments within a 30-day term period if new text end 26.31 new text begin the source and destination remain the same. The commercial licensee must contact the new text end 26.32 new text begin department within 24 hours of exercising the permit. Permits may be issued through the new text end 26.33 new text begin department's regional offices or St. Paul office and must be obtained prior to moving fish new text end 26.34 new text begin as approved for movement from these certified disease-free water bodies. new text end 26.35     new text begin Subd. 6. new text end new text begin Reporting requirements. new text end new text begin A commercial licensee harvesting bait under new text end 26.36 new text begin this section must maintain records on forms provided by the commissioner for each lot new text end 27.1 new text begin of fish frozen for sale as bait. The records must include the lot number for each batch of new text end 27.2 new text begin fish frozen, water body health certification documentation, transportation permit number, new text end 27.3 new text begin and other information as specified on the reporting form. The commercial licensee new text end 27.4 new text begin must enter required records onto forms within 24 hours of packaging and labeling each new text end 27.5 new text begin lot of fish. The commercial licensee must retain records for three years following the new text end 27.6 new text begin year of creation. All records required to be retained must be open to inspection by the new text end 27.7 new text begin commissioner at any reasonable time. new text end 27.8     new text begin Subd. 7. new text end new text begin Labeling requirements. new text end new text begin Frozen fish from certified disease-free water new text end 27.9 new text begin bodies that are being sold as bait must be labeled. The seller of the product is responsible new text end 27.10 new text begin for making sure the items are labeled according to this section. Each container or package new text end 27.11 new text begin of frozen fish must have the following information: new text end 27.12 new text begin (1) Department of Natural Resources certified water body number; new text end 27.13 new text begin (2) Department of Natural Resources transportation permit number; new text end 27.14 new text begin (3) lot number; new text end 27.15 new text begin (4) date of harvest from water body; new text end 27.16 new text begin (5) date of packaging and labeling; new text end 27.17 new text begin (6) bait store or vendor name where purchased; and new text end 27.18 new text begin (7) disease-free certification date. new text end 27.19     new text begin Subd. 8. new text end new text begin Persons using frozen or dead bait. new text end new text begin A person on, or taking wild animals new text end 27.20 new text begin in, waters of the state with frozen or dead bait must possess all labeling as prescribed new text end 27.21 new text begin under subdivision 7. The person must retain the labeling until the bait is used and no new text end 27.22 new text begin longer in the person's possession. new text end 27.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.24    Sec. 62. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read: 27.25    Subd. 9. Powers and duties. In addition to the powers and duties prescribed 27.26elsewhere, the board shall: 27.27(1) coordinate the water and soil resources planning new text begin and implementation new text end activities of 27.28counties, soil and water conservation districts, watershed districts, watershed management 27.29organizations, and any other local units of government through its various authorities for 27.30approval of local plans, administration of state grants, new text begin contracts and easements, new text end and by 27.31other means as may be appropriate; 27.32(2) facilitate communication and coordination among state agencies in cooperation 27.33with the Environmental Quality Board, and between state and local units of government, 27.34in order to make the expertise and resources of state agencies involved in water and soil 28.1resources management available to the local units of government to the greatest extent 28.2possible; 28.3(3) coordinate state and local interests with respect to the study in southwestern 28.4Minnesota under United States Code, title 16, section 1009; 28.5(4) develop information and education programs designed to increase awareness 28.6of local water and soil resources problems and awareness of opportunities for local 28.7government involvement in preventing or solving them; 28.8(5) provide a forum for the discussion of local issues and opportunities relating 28.9to water and soil resources management; 28.10(6) adopt an annual budget and work program that integrate the various functions 28.11and responsibilities assigned to it by law; and 28.12(7) report to the governor and the legislature by October 15 of each even-numbered 28.13year with an assessment of board programs and recommendations for any program 28.14changes and board membership changes necessary to improve state and local efforts 28.15in water and soil resources management. 28.16The board may accept grants, gifts, donations, or contributions in money, services, 28.17materials, or otherwise from the United States, a state agency, or other source to achieve 28.18an authorized new text begin or delegated new text end purpose. The board may enter into a contract or agreement 28.19necessary or appropriate to accomplish the transfer. new text begin The board may conduct or participate new text end 28.20 new text begin in local, state, or federal programs or projects that have as one purpose or effect the new text end 28.21 new text begin preservation or enhancement of water and soil resources and may enter into and administer new text end 28.22 new text begin agreements with local governments or landowners or their designated agents as part new text end 28.23 new text begin of those programs or projects. new text end The board may receive and expend money to acquire 28.24conservation easements, as defined in chapter 84C, on behalf of the state and federal 28.25government consistent with the Camp Ripley's Army Compatible Use Buffer Project. 28.26Any money received is hereby deposited in an account in a fund other than the 28.27general fund and appropriated and dedicated for the purpose for which it is granted. 28.28    Sec. 63. new text begin [348.125] COYOTE CONFLICT MANAGEMENT OPTION. new text end 28.29 new text begin A county board may, by resolution, offer a bounty for the taking of coyotes (Canis new text end 28.30 new text begin latrans) by all legal methods. The resolution may be made applicable to the whole or any new text end 28.31 new text begin part of the county. The bounty must apply during the months specified in the resolution new text end 28.32 new text begin and be in an amount determined by the board. new text end 28.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 29.1    Sec. 64. Minnesota Statutes 2010, section 604A.12, is amended to read: 29.2604A.12 LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY. 29.3    Subdivision 1. Definitions. (a) For purposes of this section, the following terms 29.4have the meanings given them. 29.5(b) "Inherent risks of livestock activities" means dangers or conditions that are an 29.6integral part of livestock activities, including: 29.7(1) the propensity of livestock to behave in ways that may result in death or injury to 29.8persons on or around them, such as kicking, biting, or bucking new text begin , or charging new text end ; 29.9(2) the unpredictability of livestock's reaction to things like sound, sudden 29.10movement, unfamiliar objects, persons, or other animals; 29.11(3) natural hazards such as surface or subsurface conditions; or 29.12(4) collisions with other livestock or objects. 29.13(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies, 29.14goats, buffalo, llamas, or poultry. 29.15(d) "Livestock activity" means an activity involving the maintenance or use of 29.16livestock, regardless of whether the activity is open to the general public, new text begin and, except in new text end 29.17 new text begin the case of livestock grazing under clause (7), new text end provided the activity is not performed for 29.18profit. Livestock activity includes: 29.19(1) livestock production; 29.20(2) loading, unloading, or transporting livestock; 29.21(3) livestock shows, fairs, competitions, performances, races, rodeos, or parades; 29.22(4) livestock training or teaching activities; 29.23(5) boarding, shoeing, or grooming livestock; or 29.24(6) riding or inspecting livestock or livestock equipment new text begin ; or new text end 29.25 new text begin (7) the use of state property for livestock grazing, pursuant to an agreement with the new text end 29.26 new text begin commissioner of natural resources new text end . 29.27(e) "Livestock activity sponsor" means a person who sponsors, organizes, or 29.28provides the facilities for a livestock activity that is open to the general public. 29.29(f) "Participant" means a person who directly and intentionally engages in a livestock 29.30activity. Participant does not include a spectator who is in an authorized area. 29.31    Subd. 2. Immunity from liability new text begin ; livestock events new text end . Except as provided in 29.32subdivision 3, A nonprofit corporation, association, or organization, or a person or other 29.33entity donating services, livestock, facilities, or equipment for the use of a nonprofit 29.34corporation, association, or organization, is not liable for the death of or an injury to a 29.35participant resulting from the inherent risks of livestock activities. 30.1    Subd. 3. Exceptions new text begin ; livestock events new text end . Subdivision 2 does not apply if any of 30.2the following exist: 30.3(1) the person provided livestock for the participant and failed to make reasonable 30.4efforts to determine the ability of the participant to safely engage in the livestock activity 30.5or to determine the ability of the participant to safely manage the particular livestock 30.6based on the participant's representations of the participant's ability; 30.7(2) the person provided equipment or tack for the livestock and knew or should have 30.8known that it was faulty to the extent that it caused the injury or death; 30.9(3) the person owns or leases the land upon which a participant was injured or died 30.10because of a human-made dangerous latent condition and failed to use reasonable care 30.11to protect the participant; 30.12(4) the person is a livestock activity sponsor and fails to comply with the notice 30.13requirement of subdivision 4; or 30.14(5) the act or omission of the person was willful or negligent. 30.15     new text begin Subd. 3a. new text end new text begin Immunity from liability; grazing on public lands. new text end new text begin (a) Any person new text end 30.16 new text begin or entity grazing livestock on state lands under an agreement with the commissioner new text end 30.17 new text begin of natural resources is not liable for damage to property or the death of or an injury to new text end 30.18 new text begin a person due to the inherent risks of livestock activities. new text end 30.19 new text begin (b) This subdivision does not apply if the person or entity grazing the livestock: new text end 30.20 new text begin (1) fails to exercise reasonable care in using the land for grazing or in managing new text end 30.21 new text begin the livestock; or new text end 30.22 new text begin (2) maintains a condition in material violation of an agreement with the new text end 30.23 new text begin commissioner of natural resources for use of the land, and the condition contributed new text end 30.24 new text begin to the damage, death, or injury. new text end 30.25    Subd. 4. Posting notice. new text begin (a) new text end A livestock activity sponsor shall post plainly visible 30.26signs at one or more prominent locations in the premises where the livestock activity takes 30.27place that include a warning of the inherent risks of livestock activity and the limitation of 30.28liability under this section. 30.29 new text begin (b) The commissioner of natural resources shall post plainly visible signs at one or new text end 30.30 new text begin more prominent locations on any state property being used for grazing purposes pursuant new text end 30.31 new text begin to an agreement with the commissioner. The signs shall include a warning of the inherent new text end 30.32 new text begin risks of livestock activity, and the limitations of liability provided in this section and new text end 30.33 new text begin any other applicable law. new text end 30.34 new text begin EFFECTIVE DATE; APPLICABILITY. new text end new text begin This section is effective the day new text end 30.35 new text begin following final enactment and applies to causes of action arising on or after that date. The new text end 31.1 new text begin commissioner shall post notice as required by subdivision 4 on any property subject to a new text end 31.2 new text begin livestock grazing agreement on the effective date of this section within 60 days of that date. new text end 31.3    Sec. 65. Minnesota Statutes 2010, section 604A.24, is amended to read: 31.4604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS; 31.5MUNICIPAL POWER AGENCY LAND. 31.6Unless otherwise agreed in writing, sections 604A.22 and 604A.23 also apply to 31.7the duties and liability of an owner of the following land: 31.8(1) land leased to the state or any political subdivision for recreational purpose; or 31.9(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave, 31.10and to which water the public has access from a water access site operated by a public 31.11entity; or 31.12(3) land of which a municipal power agency is an owner and that is used for 31.13recreational trail purposes, and other land of a municipal power agency which is within 31.14300 feet of such land if the entry onto such land was from land that is dedicated for 31.15recreational purposes or recreational trail use new text begin ; or new text end 31.16 new text begin (4) land leased to the state or otherwise subject to an agreement or contract for new text end 31.17 new text begin purposes of a state-sponsored walk-in access program new text end . 31.18    Sec. 66. new text begin RULEMAKING; GAME FARMS. new text end 31.19 new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts new text end 31.20 new text begin 6242.0900, subpart 1, and 6242.1000, subpart 1, to allow an option for game farm new text end 31.21 new text begin licensees to use approved report and sales receipt formats. new text end 31.22 new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end 31.23 new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end 31.24 new text begin Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, new text end 31.25 new text begin section 14.388. new text end 31.26    Sec. 67. new text begin RULEMAKING; SPEARING ON CASS LAKE. new text end 31.27 new text begin The commissioner of natural resources shall amend Minnesota Rules, part new text end 31.28 new text begin 6264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The new text end 31.29 new text begin commissioner may use the good cause exemption under Minnesota Statutes, section new text end 31.30 new text begin 14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not new text end 31.31 new text begin apply except as provided under Minnesota Statutes, section 14.388. The commissioner new text end 31.32 new text begin shall not adopt restrictions on spearing northern pike on Cass Lake under Minnesota new text end 31.33 new text begin Statutes, section 97C.001 or 97C.005. new text end 32.1    Sec. 68. new text begin DEER HUNTING RULES. new text end 32.2 new text begin (a) If the commissioner of natural resources adopts a rule applicable for the Series new text end 32.3 new text begin 300 deer permit areas that imposes an antler point restriction for taking antlered deer, other new text end 32.4 new text begin than that imposed under Minnesota Rules, part 6232.0200, subpart 6, the rule must: new text end 32.5 new text begin (1) exempt disabled hunters and hunters age 60 years or older from the antler point new text end 32.6 new text begin restriction; and new text end 32.7 new text begin (2) expire after the 2012 deer hunting season. new text end 32.8 new text begin (b) The commissioner of natural resources may not reinstate an antler point new text end 32.9 new text begin restriction for the Series 300 deer permit areas, other than that imposed under Minnesota new text end 32.10 new text begin Rules, part 6232.0200, subpart 6, after the 2012 deer hunting season unless the legislature new text end 32.11 new text begin approves the antler point restriction. new text end 32.12 new text begin (c) The commissioner of natural resources shall amend Minnesota Rules, part new text end 32.13 new text begin 6232.1300, subpart 3, item B, to allow legal bucks to be taken in season option A for a new text end 32.14 new text begin nine-day period beginning the Saturday nearest November 6. The commissioner may use new text end 32.15 new text begin the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause new text end 32.16 new text begin (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not new text end 32.17 new text begin apply except as provided in Minnesota Statutes, section 14.388. new text end 32.18    Sec. 69. new text begin LAKE FLORIDA FISHING RESTRICTIONS. new text end 32.19 new text begin The commissioner of natural resources shall prohibit fishing on Lake Florida in the new text end 32.20 new text begin area of the outlet and carp trap one month prior to the open season for walleye, sauger, new text end 32.21 new text begin northern pike, muskellunge, largemouth bass, and smallmouth bass, as provided under new text end 32.22 new text begin Minnesota Statutes, section 97C.395, subdivision 1, paragraph (a), clause (1). new text end 32.23    Sec. 70. new text begin CONSUMPTIVE USE OF WATER. new text end 32.24 new text begin Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature new text end 32.25 new text begin approves of the consumptive use of water under a permit of more than 2,000,000 gallons new text end 32.26 new text begin per day average in a 30-day period in Cook County, in connection with snowmaking new text end 32.27 new text begin and potable water. Notwithstanding any other law to the contrary, the permit for the new text end 32.28 new text begin consumptive use of water approved under this section shall be issued, subject to the new text end 32.29 new text begin fees specified under Minnesota Statutes, section 103G.271, without any additional new text end 32.30 new text begin administrative process to withdraw up to 150,000,000 gallons of water annually for new text end 32.31 new text begin snowmaking and potable water purposes. The permit authorized under this section shall new text end 32.32 new text begin be suspended if the flow of the Poplar River falls below 15 cubic feet per second for more new text end 32.33 new text begin than five consecutive days. The permit authorized under this section shall be reinstated new text end 33.1 new text begin when the flow of the Poplar River resumes to 15 cubic feet per second or greater. The new text end 33.2 new text begin permit shall be for a term of five years. new text end 33.3    Sec. 71. new text begin REPEALER. new text end 33.4 new text begin (a) Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, and 4; 97A.015, new text end 33.5 new text begin subdivisions 26b, 27b, and 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; new text end 33.6 new text begin 97B.811, subdivision 4; and 97C.081, subdivision 2, new text end new text begin are repealed. new text end 33.7 new text begin (b) new text end new text begin Minnesota Statutes 2010, section 239.791, subdivision 16, new text end new text begin as added by S.F. new text end 33.8 new text begin No. 1115, if enacted, is repealed. new text end 33.9 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (b) is effective the day following final enactment. new text end