HF 2171
CCR--HF2171 - 87th Legislature (2011 - 2012)
Posted on 04/27/2012 02:36 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2171
1.2A bill for an act
1.3relating to natural resources; modifying game and fish license provisions;
1.4providing for taking wolf; modifying requirements to take and transport
1.5wild animals; modifying department authority and duties; creating walk-in
1.6access program; modifying predator control program; modifying deer baiting
1.7restrictions; modifying authority to remove beavers; providing for disposition of
1.8certain receipts; eliminating venison donation program; modifying snowmobile
1.9registration and trail sticker requirements; modifying snowmobile operation
1.10provisions; modifying watercraft license fees; modifying shooting range
1.11provisions; modifying temporary drawdown of public waters provisions;
1.12modifying 2012 fishing opener date; requiring rulemaking; providing civil
1.13penalties; appropriating money;amending Minnesota Statutes 2010, sections
1.1484.027, subdivisions 14, 15; 84.82, subdivisions 2, 3; 84.8205, subdivision 1;
1.1584.83, subdivisions 2, 3; 84.86, subdivision 1; 84.8712, subdivision 1; 86B.301,
1.16subdivision 2; 86B.415, subdivisions 1, 2, by adding a subdivision; 87A.01,
1.17subdivision 4; 87A.02, subdivision 2; 97A.015, subdivisions 3a, 53; 97A.065,
1.18subdivision 6; 97A.085, by adding a subdivision; 97A.095, subdivisions 1,
1.192; 97A.137, subdivision 5; 97A.405, subdivision 4, by adding a subdivision;
1.2097A.421, subdivision 3; 97A.441, subdivision 7; 97A.451, subdivisions 3, 4, by
1.21adding a subdivision; 97A.473, subdivisions 3, 5, 5a; 97A.475, subdivisions
1.222, 3, 3a, 4, 20, 44; 97A.482; 97B.001, subdivision 7; 97B.031, subdivisions
1.231, 2; 97B.035, subdivision 1a; 97B.071; 97B.085, subdivision 3; 97B.328;
1.2497B.601, subdivisions 3a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4;
1.2597B.711, subdivision 1; 97B.805, subdivision 1; 97B.901; 97C.355, subdivision
1.261, by adding a subdivision; 97C.395, subdivision 1; 97C.515, subdivisions
1.272, 4, 5; 103G.005, by adding a subdivision; 103G.408; Minnesota Statutes
1.282011 Supplement, sections 97A.075, subdivision 1, by adding a subdivision;
1.2997B.075; 97B.645, subdivision 9; 97B.667; proposing coding for new law
1.30in Minnesota Statutes, chapters 31; 87A; 97A; 97B; repealing Minnesota
1.31Statutes 2010, sections 17.035; 17.4993, subdivision 2; 87A.02, subdivision 1;
1.3297A.045, subdivisions 8, 13; 97A.065, subdivision 1; 97A.095, subdivision 3;
1.3397A.331, subdivision 7; 97A.485, subdivision 12; 97A.552; 97B.303; 97B.645,
1.34subdivision 2; 97C.031.
1.35April 26, 2012
1.36The Honorable Kurt Zellers
1.37Speaker of the House of Representatives
1.38The Honorable Michelle L. Fischbach
1.39President of the Senate
2.1We, the undersigned conferees for H. F. No. 2171 report that we have agreed upon
2.2the items in dispute and recommend as follows:
2.3That the Senate recede from its amendments and that H. F. No. 2171 be further
2.4amended as follows:
2.5Delete everything after the enacting clause and insert:
2.6"ARTICLE 1
2.7GAME AND FISH POLICY
2.8 Section 1. Minnesota Statutes 2010, section 84.027, subdivision 14, is amended to read:
2.9 Subd. 14. Mission; efficiency. It is part of the department's mission that within the
2.10department's resources the commissioner shall endeavor to:
2.11(1) prevent the waste or unnecessary spending of public money;
2.12(2) use innovative fiscal and human resource practices to manage the state's
2.13resources and operate the department as efficiently as possible;
2.14(3) coordinate the department's activities wherever appropriate with the activities
2.15of other governmental agencies;
2.16(4) use technology where appropriate to increase agency productivity, improve
2.17customer service, increase public access to information about government, and increase
2.18public participation in the business of government;
2.19(5) utilize constructive and cooperative labor-management practices to the extent
2.20otherwise required by chapters 43A and 179A;
2.21(6) report to the legislature on the performance of agency operations and the
2.22accomplishment of agency goals in the agency's biennial budget according to section
2.2316A.10, subdivision 1
; and
2.24(7) recommend to the legislature appropriate changes in law necessary to carry out
2.25the mission and improve the performance of the departmentnew text begin ; andnew text end
2.26new text begin (8) plan and implement activities designed to recruit new outdoor recreation new text end
2.27new text begin participants, including youth, women, and minorities, and retain existing participants. new text end
2.28new text begin This includes but is not limited to anglers, hunters, trappers, and campersnew text end .
2.29 Sec. 2. Minnesota Statutes 2010, section 84.027, subdivision 15, is amended to read:
2.30 Subd. 15. Electronic transactions. (a) The commissioner may receive an
2.31application for, sell, and issue any license, stamp, permit, pass, sticker, gift card, safety
2.32training certification, registration, or transfer under the jurisdiction of the commissioner
2.33by electronic means, including by telephone. Notwithstanding section
97A.472, electronic
2.34and telephone transactions may be made outside of the state. The commissioner may:
3.1 (1) provide for the electronic transfer of funds generated by electronic transactions,
3.2including by telephone;
3.3 (2) assign an identification number to an applicant who purchases a hunting or
3.4fishing license or recreational vehicle registration by electronic means, to serve as
3.5temporary authorization to engage in the activity requiring a license or registration until
3.6the license or registration is received or expires;
3.7 (3) charge and permit agents to charge a fee of individuals who make electronic
3.8transactions and transactions by telephone or Internet, including issuing fees and an
3.9additional transaction fee not to exceed $3.50;
3.10 (4) charge and permit agents to charge a convenience fee not to exceed three percent
3.11of the cost of the license to individuals who use electronic bank cards for payment. An
3.12electronic licensing system agent charging a fee of individuals making an electronic
3.13bank card transaction in person must post a sign informing individuals of the fee. The
3.14sign must be near the point of payment, clearly visible, include the amount of the fee, and
3.15state: "License agents are allowed by state law to charge a fee not to exceed three percent
3.16of the cost of state licenses to persons who use electronic bank cards for payment. The
3.17fee is not required by state law.";
3.18 (5) establish, by written order, an electronic licensing system commission to be
3.19paid by revenues generated from all sales made through the electronic licensing system.
3.20The commissioner shall establish the commission in a manner that neither significantly
3.21overrecovers nor underrecovers costs involved in providing the electronic licensing
3.22system; and
3.23 (6) adopt rules to administer the provisions of this subdivision.
3.24 (b) The fees established under paragraph (a), clauses (3) and (4), and the commission
3.25established under paragraph (a), clause (5), are not subject to the rulemaking procedures
3.26of chapter 14 and section
14.386 does not apply.
3.27 (c) Money received from fees and commissions collected under this subdivision,
3.28including interest earned, is annually appropriated from the game and fish fund and the
3.29natural resources fund to the commissioner for the cost of electronic licensing.
3.30new text begin (d) Game and fish licenses under chapters 97A, 97B, and 97C shall be available by new text end
3.31new text begin electronic transaction, regardless of whether all or any part of the biennial appropriation new text end
3.32new text begin law for the department has been enacted. If, by July 1 of an odd-numbered year, legislation new text end
3.33new text begin has not been enacted to appropriate money to the commissioner of management and new text end
3.34new text begin budget for central accounting, procurement, payroll, and human resources functions, new text end
3.35new text begin amounts necessary to operate those functions for the purpose of this paragraph are new text end
3.36new text begin appropriated from the general fund to the commissioner of management and budget. new text end
4.1new text begin As necessary, the commissioner may transfer a portion of this appropriation to other new text end
4.2new text begin state agencies to support carrying out these functions. Any subsequent appropriation to new text end
4.3new text begin the commissioner of management and budget for a biennium in which this section is new text end
4.4new text begin applicable supersedes and replaces the funding authorized in this paragraph.new text end
4.5 Sec. 3. Minnesota Statutes 2010, section 84.085, subdivision 1, is amended to read:
4.6 Subdivision 1. Authority. (a) The commissioner of natural resources may accept
4.7for and on behalf of the state any gift, bequest, devise, or grants of lands or interest in
4.8lands or personal property of any kind or of money tendered to the state for any purpose
4.9pertaining to the activities of the department or any of its divisions. Any money so
4.10received is hereby appropriated and dedicated for the purpose for which it is granted.
4.11Lands and interests in lands so received may be sold or exchanged as provided in chapter
4.1294.new text begin The deed conveying land or an interest in land to the state under this paragraph must new text end
4.13new text begin clearly indicate whether the state may resell the donated land or interest in land.new text end
4.14(b) When the commissioner of natural resources accepts lands or interests in land,
4.15the commissioner may reimburse the donor for costs incurred to obtain an appraisal needed
4.16for tax reporting purposes. If the state pays the donor for a portion of the value of the
4.17lands or interests in lands that are donated, the reimbursement for appraisal costs shall not
4.18exceed $1,500. If the donor receives no payment from the state for the lands or interests in
4.19lands that are donated, the reimbursement for appraisal costs shall not exceed $5,000.
4.20(c) The commissioner of natural resources, on behalf of the state, may accept and
4.21use grants of money or property from the United States or other grantors for conservation
4.22purposes not inconsistent with the laws of this state. Any money or property so received
4.23is hereby appropriated and dedicated for the purposes for which it is granted, and shall
4.24be expended or used solely for such purposes in accordance with the federal laws and
4.25regulations pertaining thereto, subject to applicable state laws and rules as to manner
4.26of expenditure or use providing that the commissioner may make subgrants of any
4.27money received to other agencies, units of local government, private individuals, private
4.28organizations, and private nonprofit corporations. Appropriate funds and accounts shall
4.29be maintained by the commissioner of management and budget to secure compliance
4.30with this section.
4.31(d) The commissioner may accept for and on behalf of the permanent school fund a
4.32donation of lands, interest in lands, or improvements on lands. A donation so received
4.33shall become state property, be classified as school trust land as defined in section
92.025,
4.34and be managed consistent with section
127A.31.new text begin When the commissioner proposes new text end
5.1new text begin to accept a donation of land or an interest in land, the commissioner must notify the new text end
5.2new text begin landowner of the option to express in the deed whether the state may resell the land.new text end
5.3 Sec. 4. Minnesota Statutes 2010, section 84.82, subdivision 2, is amended to read:
5.4 Subd. 2. Application, issuance, reports, additionalnew text begin issuingnew text end fee. (a) Application for
5.5registration or reregistration shall be made to the commissioner or an authorized deputy
5.6registrar of motor vehicles in a format prescribed by the commissioner and shall state the
5.7legal name and address of every owner of the snowmobile.
5.8 (b) A person who purchases a snowmobile from a retail dealer shall make application
5.9for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
5.1021-day registration permit to each purchaser who applies to the dealer for registration.
5.11The temporary permit must contain the dealer's identification number and phone number.
5.12Each retail dealer shall submit completed registration and fees to the deputy registrar at
5.13least once a week. No fee may be charged by a dealer to a purchaser for providing the
5.14temporary permit.
5.15 (c) Upon receipt of the application and the appropriate fee as hereinafter provided,
5.16the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer,
5.17an assigned registration number or a commissioner or deputy registrar temporary 21-day
5.18permit. Once issued, the registration number must be affixed to the snowmobile in a
5.19clearly visible and permanent manner for enforcement purposes as the commissioner of
5.20natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the
5.21registration materials or temporary permit to the purchaser within the temporary 21-day
5.22permit period. The registration is not valid unless signed by at least one owner. The
5.23temporary permit must indicate whether a snowmobile state trail sticker under section
5.24 was purchased.
5.25 (d) Each deputy registrar of motor vehicles acting pursuant to section
168.33, shall
5.26also be a deputy registrar of snowmobiles. The commissioner of natural resources in
5.27agreement with the commissioner of public safety may prescribe the accounting and
5.28procedural requirements necessary to assure efficient handling of registrations and
5.29registration fees. Deputy registrars shall strictly comply with these accounting and
5.30procedural requirements.
5.31 (e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for:
5.32 (1) each snowmobile registered by the registrar or a deputy registrar and the
5.33additional fee shall be disposed of in the manner provided in section
168.33, subdivision
5.342
; or
6.1 (2) each snowmobile registered by the commissioner and the additional fee shall
6.2be deposited in the state treasury and credited to the snowmobile trails and enforcement
6.3account in the natural resources fund.
6.4 Sec. 5. Minnesota Statutes 2010, section 84.82, subdivision 3, is amended to read:
6.5 Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile,
6.6other than those used for an agricultural purpose, as defined in section
84.92, subdivision
6.71c, or those registered by a dealer or manufacturer pursuant to paragraph (b) or (c) shall be
6.8as follows: $45new text begin $75new text end for three years and $4new text begin $10new text end for a duplicate or transfer.
6.9(b) The total registration fee for all snowmobiles owned by a dealer and operated for
6.10demonstration or testing purposes shall be $50 per year.
6.11(c) The total registration fee for all snowmobiles owned by a manufacturer and
6.12operated for research, testing, experimentation, or demonstration purposes shall be $150
6.13per year. Dealer and manufacturer registrations are not transferable.
6.14(d) The onetime fee for registration of an exempt snowmobile under subdivision
6.156a is $6.
6.16 Sec. 6. Minnesota Statutes 2010, section 84.82, subdivision 6, is amended to read:
6.17 Subd. 6. Exemptions. Registration is not required under this section for:
6.18 (1) a snowmobile owned and used by the United States, an Indian tribal government,
6.19another state, or a political subdivision thereof;
6.20 (2) a snowmobile registered in a country other than the United States temporarily
6.21used within this state;
6.22 (3) a snowmobile that is covered by a valid license of another state and has not been
6.23within this state for more than 30 consecutive daysnew text begin or that is registered by an Indian tribal new text end
6.24new text begin government to a tribal member and has not been outside the tribal reservation boundary new text end
6.25new text begin for more than 30 consecutive daysnew text end ;
6.26 (4) a snowmobile used exclusively in organized track racing events;
6.27 (5) a snowmobile in transit by a manufacturer, distributor, or dealer;
6.28 (6) a snowmobile at least 15 years old in transit by an individual for use only on
6.29land owned or leased by the individual; or
6.30 (7) a snowmobile while being used to groom a state or grant-in-aid trail.
6.31 Sec. 7. Minnesota Statutes 2010, section 84.8205, subdivision 1, is amended to read:
6.32 Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b),
6.33a personnew text begin A snowmobile that is not registered in the state or that is registered by a new text end
7.1new text begin manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c),new text end may not
7.2operate a snowmobilenew text begin be operatednew text end on a state or grant-in-aid snowmobile trail unless a
7.3snowmobile state trail sticker is affixed to the snowmobile.
7.4new text begin (b) new text end The commissioner of natural resources shall issue a sticker upon application
7.5and payment of a $15 fee. The fee for a three-year snowmobile state trail sticker that is
7.6purchased at the time of snowmobile registration is $30new text begin is:new text end
7.7new text begin (1) $35 for a one-year snowmobile state trail sticker purchased by an individual; andnew text end
7.8new text begin (2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or new text end
7.9new text begin manufacturernew text end .
7.10new text begin (c) new text end In addition to other penalties prescribed by law, a personnew text begin an individualnew text end in
7.11violation of this subdivision must purchase an annual state trail sticker for a fee of $30new text begin new text end
7.12new text begin $70new text end . The sticker is valid from November 1 through June 30. Fees collected under this
7.13section, except for the issuing fee for licensing agents, shall be deposited in the state
7.14treasury and credited to the snowmobile trails and enforcement account in the natural
7.15resources fund and, except for the electronic licensing system commission established by
7.16the commissioner under section
84.027, subdivision 15, must be used for grants-in-aid,
7.17trail maintenance, grooming, and easement acquisition.
7.18 (b)new text begin (d)new text end A state trail sticker is not required under this section for:
7.19 (1) a snowmobile owned by the state or a political subdivision of the state that is
7.20registered under section
, subdivision 5;
7.21 (2) a snowmobile that is owned and used by the United States, an Indian tribal
7.22government, another state, or a political subdivision thereof that is exempt from
7.23registration under section
84.82, subdivision 6;
7.24 (3)new text begin (2)new text end a collector snowmobile that is operated as provided in a special permit issued
7.25for the collector snowmobile under section
84.82, subdivision 7a;
7.26 (4)new text begin (3)new text end a person operating a snowmobile only on the portion of a trail that is owned
7.27by the person or the person's spouse, child, or parent; or
7.28 (5)new text begin (4)new text end a snowmobile while being used to groom a state or grant-in-aid trail.
7.29 (c) A temporary registration permit issued by a dealer under section
,
7.30subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
7.31included with the registration application fee.
7.32 Sec. 8. Minnesota Statutes 2010, section 84.83, subdivision 2, is amended to read:
7.33 Subd. 2. Money deposited in the account. Fees from the registration of
7.34snowmobilesnew text begin and from the issuance of snowmobile state trail stickersnew text end and the unrefunded
8.1gasoline tax attributable to snowmobile use pursuant to section
296A.18 shall be deposited
8.2in the state treasury and credited to the snowmobile trails and enforcement account.
8.3 Sec. 9. Minnesota Statutes 2010, section 84.83, subdivision 3, is amended to read:
8.4 Subd. 3. Purposes for the accountnew text begin ; allocationnew text end . new text begin (a) new text end The money deposited in the
8.5account and interest earned on that money may be expended only as appropriated by
8.6law for the following purposes:
8.7(1) for a grant-in-aid program to counties and municipalities for construction and
8.8maintenance of snowmobile trails, including maintenance of trails on lands and waters of
8.9Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in
8.10St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
8.11and on the following lakes in Cook County: Devil Track and Hungry Jack;
8.12(2) for acquisition, development, and maintenance of state recreational snowmobile
8.13trails;
8.14(3) for snowmobile safety programs; and
8.15(4) for the administration and enforcement of sections
84.81 to
84.91 and
8.16appropriated grants to local law enforcement agencies.
8.17new text begin (b) No less than 60 percent of revenue collected from snowmobile registration new text end
8.18new text begin and snowmobile state trail sticker fees must be expended for grants-in-aid to develop, new text end
8.19new text begin maintain, and groom trails and acquire easements.new text end
8.20 Sec. 10. Minnesota Statutes 2010, section 84.8712, subdivision 1, is amended to read:
8.21 Subdivision 1. Prohibition. A person may not use a snowmobile with metal traction
8.22devices on a paved public trail, except as otherwise provided new text begin that is designated closed to new text end
8.23new text begin such use new text end by a local government with jurisdiction over a new text begin the new text end trail or new text begin on a paved state trail or new text end
8.24any portion of a paved state trailnew text begin that isnew text end designated new text begin closed to such use new text end by the commissioner.
8.25 Sec. 11. Minnesota Statutes 2011 Supplement, section 84D.03, subdivision 3, is
8.26amended to read:
8.27 Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
8.28waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
8.29(b) and section
97C.341.
8.30 (b) In waters that are designated as infested waters, except those designated because
8.31they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
8.32under section
17.4982, subdivision 6, taking wild animals may be permitted for:
9.1 (1) commercial taking of wild animals for bait and aquatic farm purposes according
9.2to a permit issued under section
84D.11, subject to rules adopted by the commissioner; and
9.3 (2) bait purposes for noncommercial personal use in waters that contain Eurasian
9.4water milfoil, when the infested waters are designated solely because they contain
9.5Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
9.6traps not exceeding 16 inches in diameter and 32 inches in lengthnew text begin ; andnew text end
9.7new text begin (3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and new text end
9.8new text begin suckers for bait from streams or rivers designated as infested waters, by hook and line for new text end
9.9new text begin noncommercial personal use. Other provisions that apply to this clause are:new text end
9.10new text begin (i) fish taken under this clause must be used on the same body of water where caught new text end
9.11new text begin and while still on that water body;new text end
9.12new text begin (ii) fish taken under this clause may not be transported live from or off the water new text end
9.13new text begin body;new text end
9.14new text begin (iii) fish harvested under this clause may only be used in accordance with this section;new text end
9.15new text begin (iv) any other use of wild animals used for bait from infested waters is prohibited;new text end
9.16new text begin (v) fish taken under this clause must meet all other size restrictions and requirements new text end
9.17new text begin as established in rules; andnew text end
9.18new text begin (vi) all species listed under this clause shall be included in the person's daily limit as new text end
9.19new text begin established in rules, if applicablenew text end .
9.20 (c) Equipment authorized for minnow harvest in a designated infested water by
9.21permit issued under paragraph (b) may not be transported to, or used in, any waters other
9.22than waters specified in the permit.
9.23 Sec. 12. Minnesota Statutes 2010, section 86B.301, subdivision 2, is amended to read:
9.24 Subd. 2. Exemptions. A watercraft license is not required for:
9.25(1) a watercraft that is covered by a license or number in full force and effect under
9.26federal law or a federally approved licensing or numbering system of another state, and
9.27has not been within this state for more than 90 consecutive days, which does not include
9.28days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
9.29port or another port in the state;
9.30(2) a watercraft from a country other than the United States that has not been
9.31within this state for more than 90 consecutive days, which does not include days that a
9.32watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another
9.33port in the state;
9.34(3) a watercraft owned by the United States, an Indian tribal government, a state, or
9.35a political subdivision of a state, except watercraft used for recreational purposes;
10.1(4) a ship's lifeboat;
10.2(5) a watercraft that has been issued a valid marine document by the United States
10.3government;
10.4(6) a duck boat during duck hunting season;
10.5(7) a rice boat during the harvest season;
10.6(8) a seaplane; and
10.7(9) a nonmotorized watercraft ninenew text begin tennew text end feet in length or less.
10.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2013.new text end
10.9 Sec. 13. Minnesota Statutes 2010, section 86B.415, subdivision 1, is amended to read:
10.10 Subdivision 1. Watercraft 19 feet or less. new text begin (a) Except as provided in paragraph (b) new text end
10.11new text begin and subdivision 1a, new text end the fee for a watercraft license for watercraft 19 feet or less in length
10.12is $27 except:new text begin .new text end
10.13new text begin (b) The watercraft license fee:new text end
10.14(1) for watercraft, other than personal watercraft, 19 feet in length or less that is
10.15offered for rent or lease, the fee is $9;
10.16(2) for a canoe, kayak, sailboat, sailboard, paddle boat, or rowing shell 19 feet in
10.17length or less, the fee is $10.50;
10.18(3) for a watercraft 19 feet in length or less used by a nonprofit corporation for
10.19teaching boat and water safety, the fee is as provided in subdivision 4;
10.20(4) for a watercraft owned by a dealer under a dealer's license, the fee is as provided
10.21in subdivision 5;
10.22(5) for a personal watercraft, the fee is $37.50; and
10.23(6) for a watercraft less than 17 feet in length, other than a watercraft listed in
10.24clauses (1) to (5), the fee is $18.
10.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2013.new text end
10.26 Sec. 14. Minnesota Statutes 2010, section 86B.415, is amended by adding a
10.27subdivision to read:
10.28 new text begin Subd. 1a.new text end new text begin Canoes, kayaks, sailboards, paddle boards, paddle boats, or rowing new text end
10.29new text begin shells.new text end new text begin The fee for a watercraft license for a canoe, kayak, sailboard, paddle board, paddle new text end
10.30new text begin boat, or rowing shell over ten feet in length is $10.50.new text end
10.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2013.new text end
10.32 Sec. 15. Minnesota Statutes 2010, section 86B.415, subdivision 2, is amended to read:
11.1 Subd. 2. Watercraft over 19 feet. Except as provided in subdivisions new text begin 1a, new text end 3, 4,
11.2and 5, the watercraft license fee:
11.3(1) for a watercraft more than 19 feet but less than 26 feet in length is $45;
11.4(2) for a watercraft 26 feet but less than 40 feet in length is $67.50; and
11.5(3) for a watercraft 40 feet in length or longer is $90.
11.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2013.new text end
11.7 Sec. 16. Minnesota Statutes 2010, section 87A.01, subdivision 4, is amended to read:
11.8 Subd. 4. Shooting range performance standards. "Shooting range performance
11.9standards" means those rules adopted by the commissioner of natural resources undernew text begin the new text end
11.10new text begin best practices for shooting range performance standards identified innew text end section
87A.02
11.11for the safe operation of shooting ranges.
11.12 Sec. 17. Minnesota Statutes 2010, section 87A.02, subdivision 2, is amended to read:
11.13 Subd. 2. Interim standardsnew text begin Best practicesnew text end . Until the commissioner of natural
11.14resources adopts the shooting range performance standards under subdivision 1, paragraph
11.15(a)new text begin For purposes of this chapternew text end , the November 1999 revised edition of the National Rifle
11.16Association's Range Source Book: A Guide to Planning and Construction shall serve
11.17as the interimnew text begin best practices fornew text end shooting range performance standards, having the full
11.18effect of the shooting range performance standards for purposes of this chapter. The
11.19interim shooting range performance standards sunset and have no further effect under this
11.20chapter upon the effective date of the shooting range performance standards adopted
11.21under subdivision 1, paragraph (a).
11.22 Sec. 18. new text begin [87A.09] PUBLIC SHOOTING RANGES; ACCESSIBILITY.new text end
11.23new text begin (a) A publicly owned or managed shooting range located in the seven-county new text end
11.24new text begin metropolitan area that is funded in whole or part with public funds must be available new text end
11.25new text begin at least twice during the spring and twice during the summer for use by participants in new text end
11.26new text begin a Minnesota Department of Natural Resources firearms safety instruction course under new text end
11.27new text begin section 97B.015. The shooting range must be available during hours reasonable for youth new text end
11.28new text begin participants. The range operator may charge a fee to cover any costs directly incurred new text end
11.29new text begin from use required under this section, but may not charge a fee to offset costs for general new text end
11.30new text begin maintenance and operation of the facility.new text end
11.31new text begin (b) This section does not apply to cities of the first class or a shooting range located new text end
11.32new text begin on the same premises as a correctional or detention facility that holds or incarcerates new text end
11.33new text begin offenders.new text end
12.1 Sec. 19. Minnesota Statutes 2010, section 97A.015, subdivision 3a, is amended to read:
12.2 Subd. 3a. Bonus permit. "Bonus permit" means a license to take and tag deer by
12.3archery or firearms, in addition to deer authorized to be taken under regular firearms or
12.4archery licensesnew text begin , or a license issued under section 97A.441, subdivision 7new text end .
12.5 Sec. 20. Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to read:
12.6 Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild
12.7animals that are not protected wild animals including weasel, coyote (brush wolf), gopher,
12.8porcupine, striped skunk, and unprotected birds.
12.9 Sec. 21. Minnesota Statutes 2010, section 97A.065, subdivision 6, is amended to read:
12.10 Subd. 6. Deer license donations and surcharges. (a) The surcharges and donations
12.11collected under section
97A.475, subdivision 3new text begin 3anew text end , paragraph (b), and subdivision 3a,
12.12shall be deposited in an account in the special revenue fund and are appropriated to
12.13the commissioner for deer management, including for grants or payments to agencies,
12.14organizations, or individuals for assisting with the cost of processing deer taken for
12.15population management purposes for venison donation programs. None of the additional
12.16license fees shall be transferred to any other agency for administration of programs other
12.17than venison donation. If any money transferred by the commissioner is not used for a
12.18venison donation program, it shall be returned to the commissioner.
12.19 (b) By February 10, 2010, the commissioner shall report to the legislature on the
12.20participation in and the effectiveness of the venison donation program.new text begin The surcharges new text end
12.21new text begin and donations under section 97A.475, subdivisions 3, paragraph (b); 3a, paragraph (a); new text end
12.22new text begin and 4, paragraph (b), shall be deposited in an account in the special revenue fund and are new text end
12.23new text begin appropriated to the commissioner for the walk-in access program.new text end
12.24 Sec. 22. Minnesota Statutes 2011 Supplement, section 97A.075, subdivision 1, is
12.25amended to read:
12.26 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
12.27subdivision, "deer license" means a license issued under section
97A.475, subdivisions 2,
12.28clauses
(5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and (12),
12.29and licenses issued under section
97B.301, subdivision 4.
12.30 (b) $2 from each annual deer license and $2 annually from the lifetime fish and
12.31wildlife trust fund, established in section
97A.4742, for each license issued under
12.32section
97A.473, subdivision 4, shall be credited to the deer management account and
13.1is appropriated to the commissioner for deer habitat improvement or deer management
13.2programs.
13.3 (c) $1 from each annual deer license and each bear license and $1 annually from
13.4the lifetime fish and wildlife trust fund, established in section
97A.4742, for each
13.5license issued under section
97A.473, subdivision 4, shall be credited to the deer and
13.6bear management account and is appropriated to the commissioner for deer and bear
13.7management programs, including a computerized licensing system.
13.8 (d) Fifty cents from each deer license is credited to the emergency deer feeding and
13.9wild cervidae health management account and is appropriated for emergency deer feeding
13.10and wild cervidae health management. Money appropriated for emergency deer feeding
13.11and wild cervidae health management is available until expended. The commissioner must
13.12inform the legislative chairs of the natural resources finance committees every two years
13.13on how the money for emergency deer feeding and wild cervidae health management
13.14has been spent.
13.15 When the unencumbered balance in the appropriation for emergency deer feeding
13.16and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
13.17unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
13.18management programs and computerized licensing.
13.19 Sec. 23. Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding
13.20a subdivision to read:
13.21 new text begin Subd. 7.new text end new text begin Wolf licenses; account established.new text end new text begin (a) For purposes of this subdivision, new text end
13.22new text begin "wolf license" means a license or permit issued under section 97A.475, subdivision 2, new text end
13.23new text begin clause (16); 3, paragraph (a), clause (13); or 20, paragraph (b).new text end
13.24new text begin (b) A wolf management and monitoring account is created in the game and fish fund. new text end
13.25new text begin Revenue from wolf licenses must be credited to the wolf management and monitoring new text end
13.26new text begin account and is appropriated to the commissioner only for wolf management, research, new text end
13.27new text begin damage control, enforcement, and education.new text end
13.28 Sec. 24. Minnesota Statutes 2010, section 97A.085, is amended by adding a
13.29subdivision to read:
13.30 new text begin Subd. 9.new text end new text begin Vacating refuges open to hunting.new text end new text begin Notwithstanding subdivision 8, the new text end
13.31new text begin commissioner may vacate a state game refuge by publishing a notice in the State Register new text end
13.32new text begin if the refuge has been open to trapping and hunting small game including waterfowl, deer new text end
13.33new text begin or bear by archery, and deer or bear by firearms for at least five years.new text end
14.1 Sec. 25. Minnesota Statutes 2010, section 97A.095, subdivision 1, is amended to read:
14.2 Subdivision 1. Migratory waterfowl sanctuary. The commissioner may designate
14.3by rule any part of a state game refuge or any part of a public water that is designated for
14.4management purposes under section
97A.101, subdivision 2, as a migratory waterfowl
14.5sanctuary if there is presented to the commissioner a petition signed by ten resident
14.6licensed hunters describing an area that is primarily a migratory waterfowl refuge. new text begin The new text end
14.7new text begin commissioner must consider an area for designation upon presentation of a petition new text end
14.8new text begin signed by at least ten residents demonstrating that the area is primarily a migratory new text end
14.9new text begin waterfowl refuge. new text end The commissioner shall post the area as a migratory waterfowl
14.10sanctuary. A person may not enter a posted migratory waterfowl sanctuary during the open
14.11migratory waterfowl season new text begin or during other times prescribed by the commissioner new text end unless
14.12accompanied by or under a permit issued by a conservation officer or wildlife manager.
14.13Upon a request from a private landowner within a migratory waterfowl sanctuary, an
14.14annual permit must be issued to provide access to the property during the waterfowl
14.15season. The permit shall include conditions that allow no activity which would disturb
14.16waterfowl using the refuge during the waterfowl season.
14.17 Sec. 26. Minnesota Statutes 2010, section 97A.095, subdivision 2, is amended to read:
14.18 Subd. 2. Waterfowl feeding and resting areas. The commissioner may, by rule,
14.19designate any part of a lake as a migratory feeding and resting areanew text begin if there is adequate, new text end
14.20new text begin free public access to the areanew text end . Before designation, the commissioner must receive a
14.21petition signed by at least ten local resident licensed hunters describing the area of a lake
14.22that is a substantial feeding or resting area for migratory waterfowl, and find that the
14.23statements in the petition are correct, and that adequate, free public access to the lake
14.24exists near the designated areanew text begin describe the area in a public notice and receive public new text end
14.25new text begin comments for 30 days. The commissioner must consider an area for designation upon new text end
14.26new text begin presentation of a petition signed by at least ten residents demonstrating that the area is a new text end
14.27new text begin substantial feeding or resting area for migratory waterfowlnew text end . The commissioner shall
14.28post the area as a migratory waterfowl feeding and resting area. Except as authorized in
14.29rules adopted by the commissioner, a person may not enter a posted migratory waterfowl
14.30feeding and resting area, during a period when hunting of migratory waterfowl is allowed,
14.31with watercraft or aircraft propelled by a motor, other than an electric motor with battery
14.32power of 12 volts or less. The commissioner may, by rule, further restrict the use of
14.33electric motors in migratory waterfowl feeding and resting areas.
14.34 Sec. 27. new text begin [97A.126] WALK-IN ACCESS PROGRAM.new text end
15.1 new text begin Subdivision 1.new text end new text begin Establishment.new text end new text begin A walk-in access program is established to provide new text end
15.2new text begin public access to wildlife habitat on private land for hunting, excluding trapping, as new text end
15.3new text begin provided under this section. The commissioner may enter into agreements with other units new text end
15.4new text begin of government and landowners to provide private land hunting access.new text end
15.5 new text begin Subd. 2.new text end new text begin Use of enrolled lands.new text end new text begin (a) From September 1 to May 31, a person must new text end
15.6new text begin have a walk-in access hunter validation in possession to hunt on private lands, including new text end
15.7new text begin agricultural lands, that are posted as being enrolled in the walk-in access program.new text end
15.8new text begin (b) Hunting on private lands that are posted as enrolled in the walk-in access new text end
15.9new text begin program is allowed from one-half hour before sunrise to one-half hour after sunset.new text end
15.10new text begin (c) Hunter access on private lands that are posted as enrolled in the walk-in access new text end
15.11new text begin program is restricted to nonmotorized use, except by hunters with disabilities operating new text end
15.12new text begin motor vehicles on established trails or field roads who possess a valid permit to shoot from new text end
15.13new text begin a stationary vehicle under section 97B.055, subdivision 3.new text end
15.14new text begin (d) The general provisions for use of wildlife management areas adopted under new text end
15.15new text begin sections 86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of new text end
15.16new text begin motorboats, firearms and target shooting, hunting stands, abandonment of trash and new text end
15.17new text begin property, destruction or removal of property, introduction of plants or animals, and animal new text end
15.18new text begin trespass, apply to hunters on lands enrolled in the walk-in access program.new text end
15.19new text begin (e) Any use of enrolled lands other than hunting according to this section is new text end
15.20new text begin prohibited, including:new text end
15.21new text begin (1) harvesting bait, including minnows, leeches, and other live bait;new text end
15.22new text begin (2) training dogs or using dogs for activities other than hunting; andnew text end
15.23new text begin (3) constructing or maintaining any building, dock, fence, billboard, sign, hunting new text end
15.24new text begin blind, or other structure, unless constructed or maintained by the landowner.new text end
15.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective March 1, 2013.new text end
15.26 Sec. 28. Minnesota Statutes 2010, section 97A.137, subdivision 5, is amended to read:
15.27 Subd. 5. Portable stands. Prior to the Saturday on or nearest September 16, a
15.28portable stand may be left overnight in a wildlife management area by a person with a
15.29valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged
15.30and registered as prescribed under section
97B.425. Any person leaving a portable stand
15.31overnight under this subdivision must affix new text begin a tag with: (1) new text end the person's name and addressnew text begin ; new text end
15.32new text begin (2) the licensee's driver's license number; or (3) the "MDNR#" license identification new text end
15.33new text begin number issued to the licensee. The tag must be affixednew text end to the stand in such a manner that
15.34it can be read from the ground.
16.1 Sec. 29. Minnesota Statutes 2010, section 97A.405, subdivision 4, is amended to read:
16.2 Subd. 4. Replacement new text begin deer new text end licenses. (a) The commissioner may permit licensed
16.3deer hunters to change zone, license, or season options. The commissioner may issue a
16.4replacement new text begin deer new text end license if the applicant submits the original deer license and unused tags
16.5that are being replaced and the applicant pays any increase in cost between the original
16.6and the replacement new text begin deer new text end license. A refund of the difference in fees may be issued when a
16.7person changes from a regular deer license to a youth deer license.
16.8 (b) A replacement new text begin deer new text end license may be issued only if the applicant has not used any
16.9tag from the original new text begin deer new text end license or licenses and meets the conditions of paragraph (c).
16.10The original new text begin deer new text end license or licenses and all unused tags for the new text begin deer new text end licenses being replaced
16.11must be submitted to the issuing agent at the time the replacement new text begin deer new text end license is issued.
16.12 (c) A replacement new text begin deer new text end license may be issued under the following conditions, or as
16.13otherwise prescribed by rule of the commissioner:
16.14 (1) when the season for the new text begin deer new text end license being surrendered has not yet opened; or
16.15 (2) when the person is changing from a regular deer license to a youth deer license.
16.16 (d) Notwithstanding section
97A.411, subdivision 3, a replacement new text begin deer new text end license is
16.17valid immediately upon issuance if the new text begin deer new text end license being surrendered is valid at that time.
16.18 Sec. 30. Minnesota Statutes 2010, section 97A.405, is amended by adding a
16.19subdivision to read:
16.20 new text begin Subd. 4a.new text end new text begin Replacement turkey licenses.new text end new text begin (a) The commissioner may permit new text end
16.21new text begin licensed turkey hunters to change permit areas or time periods within the fall turkey new text end
16.22new text begin season, or within the spring turkey season. The commissioner may issue a replacement new text end
16.23new text begin turkey license if the applicant submits the original turkey license and unused tags that are new text end
16.24new text begin being replaced, and the applicant pays the fee for a replacement license under section new text end
16.25new text begin 97A.475, subdivision 44.new text end
16.26new text begin (b) A replacement turkey license may be issued only if the applicant has not used new text end
16.27new text begin the tag from the original turkey license and meets the requirements of paragraph (c). The new text end
16.28new text begin original turkey licenses and all unused tags for the turkey licenses being replaced must be new text end
16.29new text begin submitted to the issuing agent at the time the replacement turkey license is issued.new text end
16.30new text begin (c) A turkey replacement license may be issued under the following conditions, or as new text end
16.31new text begin otherwise prescribed by rule of the commissioner:new text end
16.32new text begin (1) when the permit area or time period for the turkey license being surrendered new text end
16.33new text begin has not yet opened; andnew text end
17.1new text begin (2) licenses are available for the replacement turkey license permit area or time new text end
17.2new text begin period for (i) areas that are not lottery areas, (ii) lottery areas that have remaining licenses, new text end
17.3new text begin or (iii) the applicant is a youth hunter age 17 or younger.new text end
17.4 Sec. 31. Minnesota Statutes 2010, section 97A.421, subdivision 3, is amended to read:
17.5 Subd. 3. Issuance of a big game license after conviction. new text begin (a) new text end A person may not
17.6obtain any big game license or take big game under a lifetime license, issued under section
17.797A.473
, for three years after the person is convicted of:
17.8(1) a gross misdemeanor violation under the game and fish laws relating to big game;
17.9(2) doing an act without a required big game license; or
17.10(3) the second violation within three years under the game and fish laws relating to
17.11big game.
17.12new text begin (b) A person may not obtain any deer license or take deer under a lifetime license new text end
17.13new text begin issued under section 97A.473 for one year after the person is convicted of hunting deer new text end
17.14new text begin with the aid or use of bait under section 97B.328.new text end
17.15new text begin (c) The revocation period under paragraphs (a) and (b) doubles if the conviction new text end
17.16new text begin is for a deer that is a trophy deer scoring higher than 170 using the scoring method new text end
17.17new text begin established for wildlife restitution values adopted under section 97A.345.new text end
17.18 Sec. 32. Minnesota Statutes 2010, section 97A.431, subdivision 3, is amended to read:
17.19 Subd. 3. Application for license. An application for a moose license must be
17.20on a form provided by the commissioner and accompanied by a $3new text begin $4new text end nonrefundable
17.21application fee per person. A person may not make more than one application for each
17.22season. If a person makes more than one application, the person is ineligible for a license
17.23for that season after determination by the commissioner, without a hearing.
17.24 Sec. 33. Minnesota Statutes 2010, section 97A.433, subdivision 3, is amended to read:
17.25 Subd. 3. Application for license. An application for an elk license must be on
17.26a form provided by the commissioner and accompanied by a $10new text begin $4new text end nonrefundable
17.27application fee per person. A person may not make more than one application for each
17.28season. If a person makes more than one application, the person is ineligible for a license
17.29for that season after determination by the commissioner, without a hearing.
17.30 Sec. 34. Minnesota Statutes 2010, section 97A.435, subdivision 3, is amended to read:
17.31 Subd. 3. Application for license. An application for a turkey license must be on a
17.32form provided by the commissioner and accompanied by a $3new text begin $4new text end application fee. A person
18.1may not make more than one application for each season. If a person makes more than
18.2one application the person is ineligible for a license for that season after determination
18.3by the commissioner, without a hearing.
18.4 Sec. 35. Minnesota Statutes 2010, section 97A.441, subdivision 7, is amended to read:
18.5 Subd. 7. Owners or tenants of agricultural land. (a) The commissioner may
18.6issue, without a fee, a license to take an antlerless deer to a resident who is an owner or
18.7tenant, or a nonresident who is an owner, of at least 80 acres of agricultural land, as
18.8defined in section
97B.001, in deer permit areas that have deer archery licenses to take
18.9additional deer under section
97B.301, subdivision 4new text begin allow the taking of antlerless deer new text end
18.10new text begin without a lottery applicationnew text end . A person may receive only one license per year under this
18.11subdivision. For properties with co-owners or cotenants, only one co-owner or cotenant
18.12may receive a license under this subdivision per year. The license issued under this
18.13subdivision is restricted to land leased for agricultural purposes or owned by the holder of
18.14the license within the permit area where the qualifying land is located. The holder of the
18.15license may transfer the license to the holder's spouse or dependent.new text begin Deer taken under this new text end
18.16new text begin subdivision do not count towards the total bag limit for the permit area.new text end Notwithstanding
18.17sections
97A.415, subdivision 1, and
97B.301, subdivision 2, the holder of the license
18.18may purchase an additional licensenew text begin licenses or permitsnew text end for taking deer and may take an
18.19additional deer under that licensenew text begin those licenses or permits, provided the holder adheres to new text end
18.20new text begin the bag limits established for that permit areanew text end .
18.21 (b) A person who obtains a license under paragraph (a) must allow public deer
18.22hunting on their land during that deer hunting season, with the exception of the first
18.23Saturday and Sunday during the deer hunting season applicable to the license issued under
18.24section
97A.475, subdivision 2, clause (5).
18.25 Sec. 36. Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:
18.26 Subd. 3. Residents under age 16; small game. (a) A resident under age 16 must
18.27obtain a small game license in order to take small game by firearms or bow and arrow
18.28without paying the applicable fees under section
97A.475, subdivisions 2, 4, and 5, if
18.29the resident is:
18.30 (1) age 14 or 15 and possesses a firearms safety certificate;
18.31 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
18.32guardian;
19.1 (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
19.2by a parent or guardian who possesses a small game license that was not obtained using an
19.3apprentice hunter validation; or
19.4 (4) age 12 or under and is accompanied by a parent or guardian.
19.5 (b) A resident under age 16 may take small gamenew text begin , other than wolves,new text end by trapping
19.6without a small game license, but a resident 13 years of age or older must have a trapping
19.7license. A resident under age 13 may trapnew text begin small game, other than wolves,new text end without a
19.8trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
19.9resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
19.10under age five must be included in the limit of the accompanying parent or guardian.
19.11 (c) A resident under age 12 may apply for a turkey license and may take a turkey
19.12without a firearms safety certificate if the resident is accompanied by an adult parent or
19.13guardian who has a firearms safety certificate.
19.14 (d) A resident under age 12 may apply for a prairie chicken license and may take a
19.15prairie chicken without a firearms safety certificate if the resident is accompanied by an
19.16adult parent or guardian who has a firearms safety certificate.
19.17 Sec. 37. Minnesota Statutes 2010, section 97A.451, subdivision 4, is amended to read:
19.18 Subd. 4. Personsnew text begin Residentsnew text end under age 16; big game. (a) A personnew text begin residentnew text end age
19.1912, 13, 14, or 15 may not obtain a license to take big game unless the person possesses
19.20a firearms safety certificate. A personnew text begin residentnew text end age 12 or 13 must be accompanied by a
19.21parent or guardian to hunt big game.
19.22 (b) A personnew text begin residentnew text end age 10 or 11 may take big game provided the person is under
19.23the direct supervision of a parent or guardian where the parent or guardian is within
19.24immediate reach. Until March 1, 2009, a person age 10 or 11 may take big game under a
19.25parent or guardian's license. Beginning March 1, 2009, A personnew text begin residentnew text end age 10 or 11
19.26must obtain a license in order to take big game and may obtain the license without paying
19.27the fee required under section
97A.475, subdivision 2.
19.28 Sec. 38. Minnesota Statutes 2010, section 97A.451, is amended by adding a
19.29subdivision to read:
19.30 new text begin Subd. 4a.new text end new text begin Nonresidents under age 16; big game.new text end new text begin (a) A nonresident age 12, new text end
19.31new text begin 13, 14, or 15 may not obtain a license to take big game unless the person possesses a new text end
19.32new text begin firearms safety certificate. A nonresident age 12 or 13 must be accompanied by a parent or new text end
19.33new text begin guardian to hunt big game.new text end
20.1new text begin (b) A nonresident age 10 or 11 may take big game provided the person is under the new text end
20.2new text begin direct supervision of a parent or guardian where the parent or guardian is within immediate new text end
20.3new text begin reach. A nonresident age 10 or 11 must obtain a license to take big game and must pay the new text end
20.4new text begin fee required under section 97A.475, subdivision 3.new text end
20.5 Sec. 39. Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:
20.6 Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small
20.7game hunting license authorizes a person to hunt and trap small gamenew text begin , other than wolves,new text end
20.8in the state. The license authorizes those hunting and trapping activities authorized by the
20.9annual resident small game hunting and trapping licensesnew text begin license and the trapping license new text end
20.10new text begin for fur-bearing animals other than wolvesnew text end . The license does not include a turkey stamp
20.11validation or any other hunting stamps required by law.
20.12 (b) The fees for a resident lifetime small game hunting license are:
20.13 (1) age 3 and under, $217;
20.14 (2) age 4 to age 15, $290;
20.15 (3) age 16 to age 50, $363; and
20.16 (4) age 51 and over, $213.
20.17 Sec. 40. Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:
20.18 Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license
20.19authorizes a person to take fish by angling and hunt and trap small gamenew text begin , other than new text end
20.20new text begin wolves,new text end in the state. The license authorizes those activities authorized by the annual
20.21resident angling,new text begin andnew text end resident small game hunting,new text begin licensesnew text end andnew text begin thenew text end resident trapping
20.22licensesnew text begin license for fur-bearing animals other than wolvesnew text end . The license does not include a
20.23trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation,
20.24or any other hunting stamps required by law.
20.25 (b) The fees for a resident lifetime sporting license are:
20.26 (1) age 3 and under, $357;
20.27 (2) age 4 to age 15, $480;
20.28 (3) age 16 to age 50, $613; and
20.29 (4) age 51 and over, $413.
20.30 Sec. 41. Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:
20.31 Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident
20.32lifetime sporting with spearing option license authorizes a person to take fish by angling
20.33or spearing and hunt and trap small gamenew text begin , other than wolves,new text end in the state. The license
21.1authorizes those activities authorized by the annual resident angling, spearing,new text begin andnew text end resident
21.2small game hunting, and resident trapping licensesnew text begin and the resident trapping license for new text end
21.3new text begin fur-bearing animals other than wolvesnew text end . The license does not include a trout and salmon
21.4stamp validation, a turkey stamp validation, a walleye stamp validation, or any other
21.5hunting stamps required by law.
21.6(b) The fees for a resident lifetime sporting with spearing option license are:
21.7(1) age 3 and under, $615;
21.8(2) age 4 to age 15, $800;
21.9(3) age 16 to age 50, $985; and
21.10(4) age 51 and over, $586.
21.11 Sec. 42. Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:
21.12 Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
21.13only, are:
21.14 (1) for persons age 18 or over and under age 65 to take small game, $12.50;
21.15 (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
21.16 (3) for persons age 18 or over to take turkey, $23;
21.17 (4) for persons under age 18 to take turkey, $12;
21.18 (5) for persons age 18 or over to take deer with firearms during the regular firearms
21.19season, $26;
21.20 (6) for persons age 18 or over to take deer by archery, $26;
21.21 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
21.22season, $26;
21.23 (8) to take moose, for a party of not more than six persons, $310;
21.24 (9) to take bear, $38;
21.25 (10) to take elk, for a party of not more than two persons, $250;
21.26 (11) to take Canada geese during a special season, $4;
21.27 (12) to take prairie chickens, $20;
21.28 (13) for persons under age 18 to take deer with firearms during the regular firearms
21.29season, $13;
21.30 (14) for persons under age 18 to take deer by archery, $13; and
21.31 (15) for persons under age 18 to take deer by muzzleloader during the muzzleloader
21.32season, $13new text begin ; andnew text end
21.33new text begin (16) to take wolf, $30new text end .
21.34 Sec. 43. Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:
22.1 Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
22.2to nonresidents, are:
22.3 (1) for persons age 18 or over to take small game, $73;
22.4 (2) for persons age 18 or over to take deer with firearms during the regular firearms
22.5season, $135;
22.6 (3) for persons age 18 or over to take deer by archery, $135;
22.7 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
22.8season, $135;
22.9 (5) to take bear, $195;
22.10 (6) for persons age 18 and older to take turkey, $78;
22.11 (7) for persons under age 18 to take turkey, $12;
22.12 (8) to take raccoon or bobcat, $155;
22.13 (9) to take Canada geese during a special season, $4;
22.14 (10) for persons under age 18 to take deer with firearms during the regular firearms
22.15season in any open season option or time period, $13;
22.16 (11) for persons under age 18 to take deer by archery, $13; and
22.17 (12) for persons under age 18 to take deer during the muzzleloader season, $13new text begin ; andnew text end
22.18new text begin (13) to take wolf, $250new text end .
22.19 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
22.20paragraph (a), clauses (1) to (8). An additional commission may not be assessed on this
22.21surcharge.
22.22 Sec. 44. Minnesota Statutes 2010, section 97A.475, subdivision 3a, is amended to read:
22.23 Subd. 3a. Deer license new text begin donation and new text end surcharge. new text begin (a) new text end A person may agree to add a
22.24donation of $1, $3, or $5 to the fees for annual resident and nonresident licenses to take
22.25deer by firearms or archery established under subdivisions 2, clauses (5), (6), (7), (11), and
22.26(13), and 3, new text begin paragraph (a), new text end clauses (2), (3), (4), and (9).
22.27new text begin (b)new text end Beginning March 1, 2008, fees for bonus licenses to take deer by firearms
22.28or archery established under section
97B.301, subdivision 4, must be increased by a
22.29surcharge of $1.
22.30new text begin (c)new text end An additional commission may not be assessed on the donation or surcharge and
22.31the following statement must be included in the annual deer hunting regulations: "The
22.32deer license donations and surcharges are being paid by hunters for deer management,
22.33including assisting with the costs of processing deer donated for charitable purposes."new text begin .new text end
22.34 Sec. 45. Minnesota Statutes 2010, section 97A.475, subdivision 4, is amended to read:
23.1 Subd. 4. Small game surchargenew text begin and donationnew text end . new text begin (a) new text end Fees for annual licenses to take
23.2small game must be increased by a surcharge of $6.50. An additional commission may not
23.3be assessed on the surcharge and the following statement must be included in the annual
23.4small game hunting regulations: "This $6.50 surcharge is being paid by hunters for the
23.5acquisition and development of wildlife lands."
23.6new text begin (b) A person may agree to add a donation of $1, $3, or $5 to the fees for annual new text end
23.7new text begin resident and nonresident licenses to take small game. An additional commission may not new text end
23.8new text begin be assessed on the donation. The following statement must be included in the annual new text end
23.9new text begin small game hunting regulations: "The small game license donations are being paid by new text end
23.10new text begin hunters for administration of the walk-in access program."new text end
23.11 Sec. 46. Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:
23.12 Subd. 20. Trapping licensenew text begin licensesnew text end . new text begin (a) new text end The fee for a license to trap fur-bearing
23.13animalsnew text begin , other than wolves,new text end is:
23.14(1) for residents over age 13 and under age 18, $6;
23.15(2) for residents age 18 or over and under age 65, $20;
23.16(3) for residents age 65 or over, $10; and
23.17(4) for nonresidents, $73.
23.18new text begin (b) The fee for a license to trap wolves is $30, to be issued to residents only.new text end
23.19 Sec. 47. Minnesota Statutes 2010, section 97A.475, subdivision 44, is amended to read:
23.20 Subd. 44. Replacement licenses. The fee for a replacement firearms deer new text begin or turkey new text end
23.21license is $5.
23.22 Sec. 48. Minnesota Statutes 2010, section 97A.482, is amended to read:
23.2397A.482 LICENSE APPLICATIONS; COLLECTION OF SOCIAL
23.24SECURITY NUMBERS.
23.25(a) All applicants for individual noncommercial game and fish licenses under this
23.26chapter and chapters 97B and 97C must include the applicant's Social Security number
23.27on the license application. If an applicant does not have a Social Security number, the
23.28applicant must certify that the applicant does not have a Social Security number.
23.29(b) The Social Security numbers collected by the commissioner on game and fish
23.30license applications are private data under section
13.355, subdivision 1, and must be
23.31provided by the commissioner to the commissioner of human services for child support
23.32enforcement purposes. Title IV-D of the Social Security Act, United States Code, title 42,
24.1section 666(a)(13), requires the collection of Social Security numbers on game and fish
24.2license applications for child support enforcement purposes.
24.3(c) The commissioners of human services and natural resources shall request a
24.4waiver from the secretary of health and human services to exclude any applicant under the
24.5age of 16 from the requirement under this section and under cross-country ski licensing
24.6sections to provide the applicant's Social Security number. If a waiver is granted, this
24.7section will be so amended effective January 1, 2006, or upon the effective date of the
24.8waiver, whichever is later.
24.9 Sec. 49. Minnesota Statutes 2010, section 97B.001, subdivision 7, is amended to read:
24.10 Subd. 7. Taking with firearms in certain areas. (a) A person may not take a wild
24.11animal with a firearm within 500 feet of a building occupied by a human or livestock
24.12without the written permission of the owner, occupant, or lessee:
24.13(1) on another person's private landnew text begin , if the land is not a licensed shooting preservenew text end ; or
24.14(2) on a public right-of-way.
24.15(b) Anew text begin Nonew text end person may not take a wild animal withnew text begin shootnew text end a firearm without the
24.16permission of the owner, occupant, or lessee, within 500 feet of a stockade or corral
24.17containing livestocknew text begin without the permission of the owner, occupant, or lessee. For the new text end
24.18new text begin purposes of this paragraph, a "stockade or corral" means a fenced enclosure for containing new text end
24.19new text begin livestock that does not enclose an area greater than one acrenew text end .
24.20(c) A person may not take a wild animal on any land where the person is prohibited
24.21from entering by this section.
24.22 Sec. 50. Minnesota Statutes 2010, section 97B.031, subdivision 1, is amended to read:
24.23 Subdivision 1. Firearms and ammunition that may be used to take big gamenew text begin new text end
24.24new text begin and wolvesnew text end . A person may take big gamenew text begin and wolvesnew text end with a firearm only if:
24.25 (1) the rifle, shotgun, and handgun used is a caliber of at least .22 inches and with
24.26centerfire ignition;
24.27 (2) the firearm is loaded only with single projectile ammunition;
24.28 (3) a projectile used is a caliber of at least .22 inches and has a soft point or is
24.29an expanding bullet type;
24.30 (4) the muzzleloader used is incapable of being loaded at the breech;
24.31 (5) the smooth-bore muzzleloader used is a caliber of at least .45 inches; and
24.32 (6) the rifled muzzleloader used is a caliber of at least .40 inches.
24.33 Sec. 51. Minnesota Statutes 2010, section 97B.031, subdivision 2, is amended to read:
25.1 Subd. 2. Handguns for small game. A person may take small game with a handgun
25.2of any caliber in a manner prescribed by the commissionernew text begin , except that wolves may only new text end
25.3new text begin be taken by hunting with the calibers specified in subdivision 1new text end .
25.4 Sec. 52. Minnesota Statutes 2010, section 97B.035, subdivision 1a, is amended to read:
25.5 Subd. 1a. Minimum draw weight. A bow used to take big game ornew text begin ,new text end turkeynew text begin , or new text end
25.6new text begin wolvesnew text end must have a pull that meets or exceeds 30 pounds at or before full draw.
25.7 Sec. 53. new text begin [97B.063] HUNTER SATISFACTION SURVEY.new text end
25.8new text begin The commissioner shall administer the collection of hunter information related new text end
25.9new text begin to participation and satisfaction. This may include information on preferences, values, new text end
25.10new text begin interests, participation rates and patterns, barriers to participation, or other factors. The new text end
25.11new text begin data shall be collected using established social science methods.new text end
25.12 Sec. 54. Minnesota Statutes 2010, section 97B.071, is amended to read:
25.1397B.071 BLAZE ORANGE REQUIREMENTS.
25.14 (a) Except as provided in rules adopted under paragraph (c), a person may not hunt
25.15or trap during the open season where deer may be taken by firearms under applicable laws
25.16and ordinances, unless the visible portion of the person's cap and outer clothing above the
25.17waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage
25.18pattern of at least 50 percent blaze orange within each foot square. This section does not
25.19apply to migratory waterfowl hunters on waters of this state or in a stationary shooting
25.20location or to trappers on waters of this state.
25.21 (b) Except as provided in rules adopted under paragraph (c), and in addition to
25.22the requirement in paragraph (a), a person may not take small game other than turkey,
25.23migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
25.24at least one article of the person's clothing above the waist is blaze orange. This paragraph
25.25does not apply to a personnew text begin when in a stationary location while hunting deer by archery new text end
25.26new text begin or whennew text end huntingnew text begin small gamenew text end by falconry.
25.27 (c) The commissioner may, by rule, prescribe an alternative color in cases where
25.28paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
25.29Law 103-141.
25.30 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
25.31by a safety warning.
25.32 Sec. 55. Minnesota Statutes 2011 Supplement, section 97B.075, is amended to read:
26.197B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
26.2 (a) A person may not take protected wild animals, except raccoon and fox, with
26.3a firearm between the evening and morning times established by commissioner's rule,
26.4except as provided in this section.
26.5 (b) Big gamenew text begin and wolvesnew text end may be taken from one-half hour before sunrise until
26.6one-half hour after sunset.
26.7 (c) Except as otherwise prescribed by the commissioner on or before the Saturday
26.8nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
26.9during the entire season prescribed by the commissioner.
26.10 Sec. 56. Minnesota Statutes 2010, section 97B.085, subdivision 3, is amended to read:
26.11 Subd. 3. Communication excepted. This section does not prohibit the use of:
26.12 (1) one-way radio communication between a handler and a dog; or
26.13 (2) a remote-controlled animal noise caller for taking crows, fur-bearing animals,
26.14and unprotected animalsnew text begin ; ornew text end
26.15new text begin (3) a remote-controlled motorized decoy used for taking migratory waterfowl under new text end
26.16new text begin section 97B.811, subdivision 4a, or for taking mourning dovesnew text end .
26.17 Sec. 57. new text begin [97B.1115] USE OF MECHANICAL OR ELECTRONIC ASSISTANCE new text end
26.18new text begin TO HOLD AND DISCHARGE FIREARMS OR BOWS BY PHYSICALLY new text end
26.19new text begin DISABLED.new text end
26.20new text begin Notwithstanding sections 97B.035, subdivision 1, 97B.321, and 97B.701, new text end
26.21new text begin subdivision 2, the commissioner may authorize a physically disabled hunter who has a new text end
26.22new text begin verified statement of the disability from a licensed physician or a certified nurse practitioner new text end
26.23new text begin or certified physician assistant acting under the direction of a licensed physician to use a new text end
26.24new text begin swivel or otherwise mounted firearm or bow or any electronic or mechanical device to new text end
26.25new text begin discharge a firearm or bow as long as the participant is physically present at the site.new text end
26.26 Sec. 58. Minnesota Statutes 2010, section 97B.328, is amended to read:
26.2797B.328 BAITING PROHIBITED.
26.28 Subdivision 1. Hunting with aid of bait or feed prohibited. A person may not
26.29huntnew text begin takenew text end deer:
26.30 (1) with the aid or use of bait or feed; ornew text begin .new text end
26.31 (2) in the vicinity of bait or feed if the person knows or has reason to know that bait
26.32or feed is present.
27.1 Subd. 2. Removal of bait. An area is considered baited for ten days after the
27.2complete removal of all bait or feed.
27.3 Subd. 3. Definition. new text begin (a) new text end For purposes of this section, "bait or feed" includes grains,
27.4fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer
27.5and that has been placed by a person.new text begin "Baiting" means placing, exposing, depositing, new text end
27.6new text begin distributing, or scattering bait that is capable of attracting or enticing deer.new text end
27.7new text begin (b) new text end Liquid scents, salt, and minerals are not bait or feednew text begin if they do not contain liquid new text end
27.8new text begin or solid food ingredientsnew text end .
27.9Food that has not been placed by a person and resultingnew text begin (c) Agricultural cropsnew text end
27.10from normal or accepted farming, forest management, wildlife food plantings, orchard
27.11management, or other similar land management activities isnew text begin arenew text end not bait or feed.new text begin new text end
27.12new text begin This exclusion does not apply to agricultural crops that have been reintroduced and new text end
27.13new text begin concentrated where a person is hunting.new text end
27.14 Subd. 4. Exception for bait or feed on adjacent land. A person otherwise in
27.15compliance with this section who is hunting on private or public property that is adjacent
27.16to property where bait or feednew text begin foodnew text end is present is not in violation of this section if the
27.17person has not participated in, been involved with, or agreed to baiting or feeding wildlife
27.18on the adjacent property.
27.19 Sec. 59. Minnesota Statutes 2010, section 97B.401, is amended to read:
27.2097B.401 BEAR LICENSE REQUIREDnew text begin ; APPLICATIONnew text end .
27.21 (a) A person may not take bear without a bear license except as provided in section
27.2297B.415
to protect property.
27.23(b) A person may not place bait for bears on or after the Friday nearest August 14
27.24unless the person has a bear license or is operating under the direction of a person with a
27.25valid bear license.
27.26new text begin (c) An application for a bear license must be on a form provided by the commissioner new text end
27.27new text begin and accompanied by a $4 application fee. A person may not make more than one new text end
27.28new text begin application for each season. If a person makes more than one application, the person is new text end
27.29new text begin ineligible for a license for that season after determination by the commissioner, without new text end
27.30new text begin a hearing.new text end
27.31 Sec. 60. Minnesota Statutes 2010, section 97B.601, subdivision 3a, is amended to read:
27.32 Subd. 3a. Nonresidents; trapping small game. A nonresident may take small
27.33gamenew text begin , except wolves,new text end by trapping only on land owned by the nonresident, if the
28.1nonresident possesses a trapping licensenew text begin for fur-bearing animals other than wolvesnew text end and a
28.2small game license.
28.3 Sec. 61. Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:
28.4 Subd. 4. Exception to license requirements. (a) A resident under age 16 may take
28.5small gamenew text begin , other than wolves,new text end without a small game license, and a resident under age
28.613 may trapnew text begin small game and fur-bearing animals, other than wolves,new text end without a trapping
28.7license, as provided in section
97A.451, subdivision 3.
28.8(b) A person may take small gamenew text begin , other than wolves,new text end without a small game license
28.9on land occupied by the person as a principal residence.
28.10(c) An owner or occupant may take certain small game causing damage without a
28.11small game or trapping license as provided in section
97B.655.
28.12(d) A person may use dogs to pursue and tree raccoons under section
97B.621,
28.13subdivision 2
, during the closed season without a license.
28.14(e) A person may take a new text begin wolf, new text end turkeynew text begin ,new text end or a prairie chicken without a small game
28.15license.
28.16 Sec. 62. Minnesota Statutes 2010, section 97B.603, is amended to read:
28.1797B.603 TAKING SMALL GAME AS A PARTY.
28.18new text begin (a) new text end While two or more persons are taking small game as a party and maintaining
28.19unaided visual and vocal contact, a member of the party may take and possess more than
28.20one limit of small game, but the total number of small game taken and possessed by
28.21the party may not exceed the limit of the number of persons in the party that may take
28.22and possess small game.
28.23new text begin (b) new text end This section does not apply to the hunting ofnew text begin wolves,new text end migratory game birdsnew text begin ,new text end or
28.24turkeys, except that a licensed turkey hunter may assist another licensed turkey hunternew text begin and new text end
28.25new text begin a licensed wolf hunter may assist another licensed wolf hunternew text end for the same zone and time
28.26period as long as the hunter does not shoot or tag a turkeynew text begin or wolfnew text end for the other hunter.
28.27 Sec. 63. Minnesota Statutes 2010, section 97B.605, is amended to read:
28.2897B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
28.29SMALL GAME ANIMALS.
28.30The commissioner may prescribe restrictions on and designate areas where gray and
28.31fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray
28.32fox, fisher, pine marten, opossum,new text begin wolves,new text end and badger may be taken and possessed.
29.1 Sec. 64. Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is
29.2amended to read:
29.3 Subd. 9. Open season. There shall be no open season for gray wolves until after the
29.4gray wolf is delisted under the federal Endangered Species Act of 1973. After that time,
29.5the commissioner may prescribe open seasons and restrictions for taking gray wolves but
29.6must provide opportunity for public comment.
29.7 Sec. 65. new text begin [97B.647] TAKING WOLVES.new text end
29.8 new text begin Subdivision 1.new text end new text begin License required.new text end new text begin Except as provided under section 97B.645 or new text end
29.9new text begin 97B.671, a person may not take a wolf without a wolf hunting or wolf trapping license.new text end
29.10 new text begin Subd. 2.new text end new text begin Open seasons.new text end new text begin Wolves may be taken with legal firearms, with bow and new text end
29.11new text begin arrow, and by trapping. The open season to take wolves with firearms begins each year on new text end
29.12new text begin the same day as the opening of the firearms deer hunting season. The commissioner may new text end
29.13new text begin by rule prescribe the open seasons for wolves according to this subdivision.new text end
29.14 new text begin Subd. 3.new text end new text begin Open areas.new text end new text begin The commissioner may by rule designate areas where wolves new text end
29.15new text begin may be taken.new text end
29.16 new text begin Subd. 4.new text end new text begin Daily and possession limits.new text end new text begin The commissioner may establish by rule new text end
29.17new text begin the daily and possession limits for wolves.new text end
29.18 new text begin Subd. 5.new text end new text begin Limit on number of hunters and trappers.new text end new text begin The commissioner may by new text end
29.19new text begin rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary new text end
29.20new text begin to prevent an overharvest or improve the distribution of hunters and trappers. The new text end
29.21new text begin commissioner shall establish a method, including a drawing, to impartially select the new text end
29.22new text begin hunters and trappers for an area.new text end
29.23 new text begin Subd. 6.new text end new text begin Application for license.new text end new text begin An application for a wolf hunting or wolf trapping new text end
29.24new text begin license must be made in a manner provided by the commissioner and accompanied by a new text end
29.25new text begin $4 application fee and proof that the applicant holds a current or previous year hunting new text end
29.26new text begin license. The $4 application fee shall be credited to the wolf management and monitoring new text end
29.27new text begin account and appropriated to the commissioner to pay for costs associated with conducting new text end
29.28new text begin the wolf license drawing and wolf management. A person may not make more than new text end
29.29new text begin one application for each season as prescribed by the commissioner. If a person makes new text end
29.30new text begin more than one application, the person is ineligible for a license for that season after new text end
29.31new text begin determination by the commissioner, without a hearing.new text end
29.32 new text begin Subd. 7.new text end new text begin Quotas.new text end new text begin The commissioner may by rule set an annual quota for the new text end
29.33new text begin number of wolves that can be taken by hunting and trapping. The commissioner may new text end
29.34new text begin establish a method to monitor harvest and close the season when the quota is reached. The new text end
29.35new text begin commissioner shall reserve a portion of the annual quota for the trapping season.new text end
30.1 Sec. 66. Minnesota Statutes 2011 Supplement, section 97B.667, is amended to read:
30.297B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
30.3ROAD AUTHORITIESnew text begin AND LOCAL GOVERNMENT UNITSnew text end .
30.4 new text begin Subdivision 1.new text end new text begin Road authorities.new text end new text begin (a) new text end When a drainage watercourse is impaired
30.5by a beaver dam and the water damages or threatens to damage a public road, the road
30.6authority, as defined in section
160.02, subdivision 25, may remove the impairment and
30.7any associated beaver lodge within 300 feet of the road. Notwithstanding any law to the
30.8contrary,
30.9new text begin (b)new text end The road authority may kill ornew text begin beaver associated with the lodge or damage in any new text end
30.10new text begin manner, except by poison or artificial lights.new text end
30.11new text begin (c) The road authority maynew text end arrange to have killed by any lawful means a beaver
30.12associated with the lodgenew text begin by trapping through a third-party contract or under subdivision 4new text end .
30.13 new text begin Subd. 2.new text end new text begin Local government units.new text end new text begin (a) Local government units may, as provided new text end
30.14new text begin in this section, kill or arrange to have killed beaver that are causing damage, including new text end
30.15new text begin damage to silvicultural projects and drainage ditches, on property owned or managed by new text end
30.16new text begin the local government unit. Removal or destruction of any associated beaver lodge is new text end
30.17new text begin subject to section 97A.401, subdivision 5.new text end
30.18new text begin (b) The local government unit may kill beaver associated with the lodge or damage new text end
30.19new text begin in any manner, except by poison or artificial lights.new text end
30.20new text begin (c) The local government unit may arrange to have killed any beaver associated with new text end
30.21new text begin the lodge or damage by trapping through a third-party contract or under subdivision 4.new text end
30.22 new text begin Subd. 3.new text end new text begin Permits and notice; requirements.new text end new text begin (a) new text end Before killing or arranging to kill
30.23a beaver under this section, the road authority new text begin or local government unit new text end must contact a
30.24conservation officer for a special beaver permit. The conservation officer must issue the
30.25permit for any beaver subject to this section.
30.26new text begin (b) new text end A road authority new text begin or local government unit new text end that kills or arranges to have killed a
30.27beaver under this section must notify a conservation officer or the officer's designee as
30.28specified in the permitnew text begin employee of the Wildlife Divisionnew text end within ten days after the animal
30.29is killed.
30.30 new text begin Subd. 4.new text end new text begin Local beaver control programs.new text end A road authority new text begin or local government new text end
30.31new text begin unit new text end may, after consultation with the Wildlife Division and the Board of Water and Soil
30.32Resources, implement a local beaver control program designed to reduce the number of
30.33incidents of beavernew text begin :new text end
30.34new text begin (1)new text end interfering with or damaging a public roadnew text begin ; ornew text end
30.35new text begin (2) causing damage, including damage to silvicultural projects and drainage ditches, new text end
30.36new text begin on property owned or managed by the local government unitnew text end .
31.1The local control program may include the offering of a bounty for the lawful taking
31.2of beaver.
31.3 Sec. 67. Minnesota Statutes 2010, section 97B.671, subdivision 3, is amended to read:
31.4 Subd. 3. Predator control payments. The commissioner shall pay a predator
31.5controller the amount the commissioner prescribesnew text begin determines by written order published new text end
31.6new text begin in the State Registernew text end for each predatornew text begin coyote and foxnew text end taken. The commissioner shall pay
31.7at least $25 but not more than $60 for each coyote taken. The commissioner may require
31.8the predator controller to submit proof of the taking and a signed statement concerning
31.9the predators taken.new text begin The fees are not subject to the rulemaking provisions of chapter 14, new text end
31.10new text begin and section 14.386 does not apply.new text end
31.11 Sec. 68. Minnesota Statutes 2010, section 97B.671, subdivision 4, is amended to read:
31.12 Subd. 4. Gray Wolf control. (a) The commissioner shall provide a gray wolf control
31.13training program for certified predator controllers participating in gray wolf control.
31.14(b) After the gray wolf is delisted under the federal Endangered Species Act of
31.151973, in zone B, as defined under section
97B.645, subdivision 12, if the commissioner,
31.16after considering recommendations from an extension agent or conservation officer, has
31.17verified that livestock, domestic animals, or pets were destroyed by a gray wolf within the
31.18previous five years, and if the livestock, domestic animal, or pet owner requests gray wolf
31.19control, the commissioner shall open a predator control area for gray wolves.
31.20(c) After the gray wolf is delisted under the federal Endangered Species Act of
31.211973, in zone A, as defined under paragraph (g), if the commissioner, after considering
31.22recommendations from an extension agent or conservation officer, verifies that livestock,
31.23domestic animals, or pets were destroyed by a gray wolf, and if the livestock, domestic
31.24animal, or pet owner requests gray wolf control, the commissioner shall open a predator
31.25control area for gray wolves for up to 60 days.
31.26(d) A predator control area opened for gray wolves may not exceed a one-mile
31.27radius surrounding the damage site.
31.28(e) The commissioner shall pay a certified gray wolf predator controller $150new text begin the new text end
31.29new text begin amount the commissioner determines by written order published in the State Registernew text end for
31.30each wolf taken. The certified gray wolf predator controller must dispose of unsalvageable
31.31remains as directed by the commissioner. All salvageable gray wolf remains must be
31.32surrendered to the commissioner.new text begin The fees are not subject to the rulemaking provisions of new text end
31.33new text begin chapter 14, and section 14.386 does not apply.new text end
32.1(f) The commissioner may, in consultation with the commissioner of agriculture,
32.2develop a cooperative agreement for gray wolf control activities with the United States
32.3Department of Agriculture. The cooperative agreement activities may include, but not be
32.4limited to, gray wolf control, training for state predator controllers, and control monitoring
32.5and record keeping.
32.6(g) For the purposes of this subdivision, "zone A" means that portion of the state
32.7lying outside of zone B, as defined under section
97B.645, subdivision 12.
32.8 Sec. 69. Minnesota Statutes 2010, section 97B.711, subdivision 1, is amended to read:
32.9 Subdivision 1. Seasons for certain upland game birds. (a) The commissioner
32.10may, by rule, prescribe an open season in designated areas between September 16 and
32.11January 3 for:
32.12 (1) pheasant;
32.13 (2) ruffed grouse;
32.14 (3) sharp tailed grouse;
32.15 (4) Canada spruce grouse;
32.16 (5) prairie chicken;
32.17 (6) gray partridge;
32.18 (7) bobwhite quail; and
32.19 (8) turkey.
32.20 (b) The commissioner may by rule prescribe an open season for turkey in the spring.
32.21 (c) The commissioner shall allow a four-week fall season for turkey in the area
32.22designated as turkey permit area 601 as of the 2008 season. All applicable local and state
32.23regulations apply.
32.24 Sec. 70. Minnesota Statutes 2010, section 97B.805, subdivision 1, is amended to read:
32.25 Subdivision 1. Hunter must be concealed. (a) A person may not take migratory
32.26waterfowl, coots, or rails in open water unless the person is:
32.27(1) within a natural growth of vegetation sufficient to partially conceal the person or
32.28boat;
32.29(2) on a river or stream that is not more than 100 yards in width; or
32.30(3) pursuing or shooting wounded birdsnew text begin ; ornew text end
32.31new text begin (4) in areas specifically designated for such taking by the commissioner by rulenew text end .
32.32(b) A person may not take migratory waterfowl, coots, or rails in public waters from
32.33a permanent artificial blind or sink box.
33.1 Sec. 71. Minnesota Statutes 2010, section 97B.901, is amended to read:
33.297B.901 REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.
33.3(a) The commissioner may, by rule, require persons taking, possessing, and
33.4transporting fur-bearing animals to tag the animals. The commissioner shall prescribe
33.5the manner of issuance and the type of tag, which must show the year of issuance. The
33.6commissioner shall issue the tag, without a fee, upon request.
33.7(b) The pelt of each bobcat, fisher, pine marten, and otternew text begin , and wolfnew text end must be
33.8presented, by the person taking it, to a state wildlife manager designee for registration
33.9before the pelt is sold and before the pelt is transported out of the state, but in no event
33.10more than 48 hours after the season closes for the species.
33.11new text begin (c) The whole carcass of each wolf, with the pelt removed, must be presented by the new text end
33.12new text begin person taking it to a state wildlife manager designee for registration before the pelt is sold new text end
33.13new text begin and before the pelt is transported out of the state, but in no event more than 48 hours after new text end
33.14new text begin the season closes. The commissioner may require that the entire carcass or samples from new text end
33.15new text begin the carcass be surrendered to the state wildlife manager designee.new text end
33.16 Sec. 72. new text begin [97B.903] USE OF BODY-GRIPPING TRAPS.new text end
33.17new text begin A person may not set, place, or operate, except as a waterset, a body-gripping or new text end
33.18new text begin conibear-type trap on public lands and waters that has a maximum jaw opening when set new text end
33.19new text begin greater than 6-1/2 inches and less than 7-1/2 inches measured from the inside edges of the new text end
33.20new text begin body-gripping portions of the jaws, unless:new text end
33.21new text begin (1) the trap is in a baited or unbaited enclosure and the trap trigger is recessed seven new text end
33.22new text begin inches or more from the top and frontmost portion of the open end of the enclosure;new text end
33.23new text begin (2) no bait, lure, or other attractant is placed within 20 feet of the trap; ornew text end
33.24new text begin (3) the trap is elevated at least three feet above the surface of the ground or snowpack.new text end
33.25 Sec. 73. Minnesota Statutes 2010, section 97C.355, subdivision 1, is amended to read:
33.26 Subdivision 1. Identification required. All shelters on the ice of state waters,
33.27new text begin except portable shelters under subdivision 2a but new text end including dark houses and fish houses,
33.28must have: (1) the owner's name and address, (2) the owner's driver's license number, or
33.29(3) the "MDNR#" license identification number issued to the owner legibly displayed on
33.30the exterior with characters at least two inches high.
33.31 Sec. 74. Minnesota Statutes 2010, section 97C.355, is amended by adding a
33.32subdivision to read:
34.1 new text begin Subd. 2a.new text end new text begin Portable shelters.new text end new text begin A person using a portable shelter that is not identified new text end
34.2new text begin under subdivision 1 must remain within 200 feet of the shelter while the shelter is on the new text end
34.3new text begin ice of state waters.new text end
34.4 Sec. 75. Minnesota Statutes 2010, section 97C.395, subdivision 1, is amended to read:
34.5 Subdivision 1. Dates for certain species. (a) The open seasons to take fish by
34.6angling are as follows:
34.7 (1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and
34.8smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend
34.9to the last Sunday in February;
34.10 (2) for lake trout, from January 1 to October 31;
34.11 (3) for the winter season for lake troutnew text begin , brown trout, brook trout, rainbow trout, and new text end
34.12new text begin splakenew text end on all lakes located outside or partially within the Boundary Waters Canoe Area,
34.13from January 15 to March 31;
34.14 (4) for the winter season for lake troutnew text begin , brown trout, brook trout, rainbow trout, new text end
34.15new text begin and splakenew text end on all lakes located entirely within the Boundary Waters Canoe Area, from
34.16January 1 to March 31;
34.17(5) for brown trout, brook trout, rainbow trout, and splake, between January 1 to
34.18October 31 as prescribed by the commissioner by rule except as provided in section
34.1997C.415, subdivision 2
;new text begin andnew text end
34.20 (6) for the winter season for brown trout, brook trout, rainbow trout, and splake on
34.21all lakes, from January 15 to March 31; and
34.22 (7)new text begin (6)new text end for salmon, as prescribed by the commissioner by rule.
34.23 (b) The commissioner shall close the season in areas of the state where fish are
34.24spawning and closing the season will protect the resource.
34.25 Sec. 76. Minnesota Statutes 2010, section 97C.515, subdivision 2, is amended to read:
34.26 Subd. 2. Permit for transportation. (a) A person may transportnew text begin livenew text end minnows
34.27through the state with a permit from the commissioner. The permit must state the name
34.28and address of the person, the number and species of minnows, the point of entry into the
34.29state, the destination, and the route through the state. The permit is not valid for more
34.30than 12 hours after it is issued.
34.31new text begin (b) Minnows transported under this subdivision must be in a tagged container. The new text end
34.32new text begin tag number must correspond with tag numbers listed on the minnow transportation permit.new text end
34.33(b)new text begin (c)new text end The commissioner may require the person transporting minnow species found
34.34on the official list of viral hemorrhagic septicemia susceptible species published by the
35.1United States Department of Agriculture, Animal and Plant Health Inspection Services, to
35.2provide health certification for viral hemorrhagic septicemia or other certifiable diseases.
35.3For certifiable diseases not currently documented in Minnesota, The certificationnew text begin must new text end
35.4new text begin disclose any incidentally isolated replicating viruses, andnew text end must be dated within the 12
35.5months preceding transport.
35.6 Sec. 77. Minnesota Statutes 2010, section 97C.515, subdivision 4, is amended to read:
35.7 Subd. 4. Private fish hatchery or aquatic farm. (a) A person with a private fish
35.8hatchery or aquatic farm license may transport minnows with a transportation permit from
35.9contiguous states to the private fish hatchery or aquatic farm, provided the minnows are
35.10used for processing or feeding hatchery fish.
35.11(b) The commissioner may require inspection of minnows and disease certification
35.12for species on the official list of viral hemorrhagic septicemia susceptible species
35.13published by the United States Department of Agriculture, Animal and Plant Health
35.14Inspection Services, that are being transported from outside the state.
35.15(c) The commissioner may approve the import of minnows into areas or waters
35.16where certifiable diseases have been identified as being present.
35.17new text begin Live minnows used for feeding fish at a licensed private fish hatchery or aquatic new text end
35.18new text begin farm must be obtained within the state. Dead minnows may be imported for feeding new text end
35.19new text begin hatchery or aquatic farm fish according to section 97C.341, paragraph (d).new text end
35.20new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2013.new text end
35.21 Sec. 78. Minnesota Statutes 2010, section 97C.515, subdivision 5, is amended to read:
35.22 Subd. 5. Special permits. (a) The commissioner may issue a special permit, without
35.23a fee, to allow a person with a private fish hatchery licensenew text begin , which private fish hatchery new text end
35.24new text begin has been designated as a containment facility under section 17.4982, subdivision 8,new text end to
35.25importnew text begin livenew text end minnows from other states for export. A permit under this subdivision is not
35.26required for importation authorized under subdivision 4.new text begin A containment facility for the new text end
35.27new text begin purposes of this section applies to live minnows imported for later export and does not new text end
35.28new text begin need to comply with section 17.4982, subdivision 8, clause (4). The permit shall include new text end
35.29new text begin conditions necessary to avoid spreading aquatic invasive species and fish pathogens. new text end
35.30new text begin Permits shall not be issued to containment facilities located within a 25-year floodplain.new text end
35.31(b) An applicant for a permit under this subdivision shall submit to the commissioner
35.32sufficient information to identify potential threats to native plant and animal species and
35.33an evaluation of the feasibility of the proposal. The permit may include reasonable
35.34restrictions on importation, transportation, possession, containment, disease certification,
36.1and disposal of minnows to ensure that native species are protected. The permit may
36.2have a term of up to two years and may be modified, suspended, or revoked by the
36.3commissioner for cause, including violation of a condition of the permit.
36.4new text begin (c) The premises, property, vehicles, private aquatic life, and equipment that are part new text end
36.5new text begin of a containment facility permitted under this subdivision are subject to reasonable and new text end
36.6new text begin necessary inspections at reasonable times by a fish health specialist delegated by the new text end
36.7new text begin commissioner. The owner, operator, or designee may be present when inspections are new text end
36.8new text begin conducted. During the inspection, a representative sample of imported minnows may be new text end
36.9new text begin collected for the purpose of fish pathogen or invasive species screening.new text end
36.10new text begin (d) The commissioner may require the applicant to furnish evidence of financial new text end
36.11new text begin responsibility at the time of application for a permit under this section, as prescribed by new text end
36.12new text begin the commissioner.new text end
36.13 Sec. 79. Minnesota Statutes 2010, section 103G.005, is amended by adding a
36.14subdivision to read:
36.15 new text begin Subd. 11a.new text end new text begin Shallow lake.new text end new text begin "Shallow lake" means a body of water, excluding a new text end
36.16new text begin stream, that is greater than or equal to 50 acres in size and less than or equal to 15 feet new text end
36.17new text begin in maximum depth.new text end
36.18 Sec. 80. Minnesota Statutes 2010, section 103G.408, is amended to read:
36.19103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.
36.20(a) The commissioner, upon consideration of recommendations and objections as
36.21provided in clause (4)new text begin (2), item (iii),new text end and paragraph (c), may issue a public waters work
36.22permit for the temporary drawdown of a public water when:
36.23new text begin (1) the public water is a shallow lake to be managed for fish, wildlife, or ecological new text end
36.24new text begin purposes by the commissioner and the commissioner has conducted a public hearing new text end
36.25new text begin presenting a comprehensive management plan outlining how and when temporary new text end
36.26new text begin drawdowns under this section will be conducted; ornew text end
36.27(1)new text begin (2)new text end the permit applicant is a public entity;new text begin and:new text end
36.28(2) new text begin (i) new text end the commissioner deems the project to be beneficial and makes findings of
36.29fact that the drawdown is in the public interest;
36.30(3) new text begin (ii) new text end the permit applicant has obtained permission from at least 75 percent of the
36.31riparian landowners; and
36.32(4)new text begin (iii)new text end the permit applicant has conducted a public hearing according to paragraph
36.33(d).
37.1(b) In addition to the requirements in section
103G.301, subdivision 6, the permit
37.2applicant shall serve a copy of the application on each county, municipality, and watershed
37.3management organization, if one exists, within which any portion of the public water is
37.4located and on the lake improvement district, if one exists.
37.5(c) A county, municipality, watershed district, watershed management organization,
37.6or lake improvement district required to be served under paragraph (b) or section
37.7103G.301, subdivision 6
, may file a written recommendation for the issuance of a permit
37.8or an objection to the issuance of a permit with the commissioner within 30 days after
37.9receiving a copy of the application.
37.10(d) The hearing notice for a public hearing under paragraph (a), clause (4)new text begin (2), new text end
37.11new text begin item (iii)new text end , must:
37.12(1) include the date, place, and time for the hearing;
37.13(2) include the waters affected and a description of the proposed project;
37.14(3) be mailed to the director, the county auditor, the clerk or mayor of a municipality,
37.15the lake improvement district if one exists, the watershed district or water management
37.16organization, the soil and water conservation district, and all riparian owners of record
37.17affected by the application; and
37.18(4) be published in a newspaper of general circulation in the affected area.
37.19new text begin (e) Periodic temporary drawdowns conducted under paragraph (a) shall not be new text end
37.20new text begin considered takings from riparian landowners.new text end
37.21(e)new text begin (f)new text end This section does not apply to public waters that have been designated for
37.22wildlife management under section
97A.101.
37.23 Sec. 81. Minnesota Statutes 2010, section 604A.21, subdivision 5, is amended to read:
37.24 Subd. 5. Recreational purpose. "Recreational purpose" includes, but is not
37.25limited to, hunting; trapping; fishing; swimming; boating; camping; picnicking; hiking;
37.26rock climbing; cave exploring; bicycling; horseback riding; firewood gathering;
37.27pleasure driving, including snowmobiling and the operation of any motorized vehicle or
37.28conveyance upon a road or upon or across land in any manner, including recreational
37.29trail use; nature study; water skiing; winter sports; new text begin noncommercial aviation activities; new text end
37.30and viewing or enjoying historical, archaeological, scenic, or scientific sites. "Rock
37.31climbing" means the climbing of a naturally exposed rock face. "Cave exploring" means
37.32the planned exploration of naturally occurring cavities in rock, including passage through
37.33any structures placed for the purpose of safe access, access control, or conservation, but
37.34does not include the exploration of other man-made cavities such as tunnels, mines, and
37.35sewers.new text begin "Noncommercial aviation activities" means the use of private, nonstaffed airstrips new text end
38.1new text begin for takeoffs and landings related to other recreational purposes under this subdivision that new text end
38.2new text begin are not commercial operations under section 360.013, subdivision 45.new text end
38.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
38.4 Sec. 82. Laws 2011, First Special Session chapter 2, article 1, section 4, subdivision 6,
38.5is amended to read:
38.6
Subd. 6.Fish and Wildlife Management
60,761,000
60,161,000
38.7
Appropriations by Fund
38.8
2012
2013
38.9
General
199,000
199,000
38.10
Natural Resources
1,899,000
1,899,000
38.11
Game and Fish
58,663,000
58,063,000
38.12$100,000 the first year and $100,000 the
38.13second year are from the nongame wildlife
38.14account in the natural resources fund for gray
38.15wolf research.
38.16$120,000 the first year and $120,000 the
38.17second year are from the game and fish fund
38.18for gray wolf management.
38.19$8,167,000 the first year and $8,167,000
38.20the second year are from the heritage
38.21enhancement account in the game and
38.22fish fund only for activities specified in
38.23Minnesota Statutes, section
297A.94,
38.24paragraph (e), clause (1). Notwithstanding
38.25Minnesota Statutes, section
297A.94, fivenew text begin new text end
38.26new text begin up to tennew text end percent of this appropriation may
38.27be used for expanding hunter and angler
38.28recruitment and retentionnew text begin , including grants new text end
38.29new text begin to organizations for programs that promote new text end
38.30new text begin Minnesota's outdoor heritage to children and new text end
38.31new text begin adults and securing public shooting range new text end
38.32new text begin availability in the seven-county metropolitan new text end
38.33new text begin area for use by participants in a Minnesota new text end
38.34new text begin Department of Natural Resources firearms new text end
39.1new text begin safety instruction course under Minnesota new text end
39.2new text begin Statutes, section 97B.015new text end .
39.3Notwithstanding Minnesota Statutes, section
39.484.943
, $13,000 the first year and $13,000
39.5the second year from the critical habitat
39.6private sector matching account may be used
39.7to publicize the critical habitat license plate
39.8match program.
39.9$199,000 the first year and $199,000 the
39.10second year are for preserving, restoring, and
39.11enhancing grassland and wetland complexes
39.12on public or private lands.
39.13$600,000 the first year is from the game and
39.14fish fund for land acquisition.
39.15Notwithstanding Minnesota Statutes, section
39.1616A.28
, the appropriations encumbered
39.17under contract on or before June 30, 2013, for
39.18aquatic restoration grants and wildlife habitat
39.19grants are available until June 30, 2014.
39.20 Sec. 83. new text begin RULEMAKING; TROUT SEASONS.new text end
39.21new text begin The commissioner of natural resources shall amend Minnesota Rules, part new text end
39.22new text begin 6262.0200, to make seasons for brown trout, brook trout, rainbow trout, and splake in new text end
39.23new text begin lakes inside and outside the Boundary Waters Canoe Area consistent with section 75. The new text end
39.24new text begin commissioner may use the good cause exemption under Minnesota Statutes, section new text end
39.25new text begin 14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not new text end
39.26new text begin apply, except as provided under Minnesota Statutes, section 14.388.new text end
39.27 Sec. 84. new text begin RULEMAKING; RESTITUTION VALUE FOR WOLVES.new text end
39.28new text begin (a) The commissioner of natural resources shall amend the restitution value for new text end
39.29new text begin gray wolves in Minnesota Rules, part 6133.0075, to be $500 and shall change the term new text end
39.30new text begin "gray wolves" to "wolves."new text end
39.31new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end
39.32new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end
40.1new text begin Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, new text end
40.2new text begin section 14.388.new text end
40.3 Sec. 85. new text begin RULEMAKING; USE OF SNARES.new text end
40.4new text begin (a) The commissioner of natural resources shall add a definition of a wolf snare to new text end
40.5new text begin Minnesota Rules, part 6234.0900, to read: "'Wolf snare' means any snare set that:new text end
40.6new text begin A. has a maximum loop diameter greater than ten inches, but less than or equal new text end
40.7new text begin to 18 inches;new text end
40.8new text begin B. has a cable diameter of at least 7/64 inches;new text end
40.9new text begin C. includes stops affixed to the cable to ensure that the portion of the snare that new text end
40.10new text begin makes up the noose loop may not be less than three inches in diameter when fully closed;new text end
40.11new text begin D. includes a breakaway device that would cause the snare loop to break when new text end
40.12new text begin pulled by a moose; and new text end
40.13new text begin E. includes a diverter wire that extends 27 inches in both directions, measured new text end
40.14new text begin perpendicular to and from the top of the snare loop. The diverter wires must be positioned new text end
40.15new text begin at an angle no more than 20 degrees from the horizontal plane of the top of the snare, and new text end
40.16new text begin the snare must be set within 20 yards of bait."new text end
40.17new text begin (b) The commissioner of natural resources shall amend Minnesota Rules, part new text end
40.18new text begin 6234.2300, to include a subpart to read: "Wolves may be taken with snares or wolf snares new text end
40.19new text begin as defined in part 6234.0900."new text end
40.20new text begin (c) The commissioner of natural resources shall amend Minnesota Rules, part new text end
40.21new text begin 6234.2400, subpart 7, to read: "A snare may not be set so that the top of the loop is more new text end
40.22new text begin than 20 inches above the first surface beneath the bottom of the set snare loop. During new text end
40.23new text begin the wolf season, licensed wolf trappers may use wolf snares but a wolf snare may not be new text end
40.24new text begin set so that the bottom of the loop is more than 18 inches above the first surface beneath new text end
40.25new text begin the bottom of the set snare loop."new text end
40.26new text begin (d) The commissioner of natural resources shall amend Minnesota Rules, part new text end
40.27new text begin 6234.2400, subpart 5, to read: "Snares, including wolf snares, may not be set in deer, new text end
40.28new text begin elk, or moose trails."new text end
40.29new text begin (e) The commissioner of natural resources shall amend Minnesota Rules, part new text end
40.30new text begin 6234.2400, to include a subpart to read: "Licensed wolf trappers shall set wolf snares for new text end
40.31new text begin wolves no closer than 500 feet to another wolf snare set by the same licensed wolf trapper."new text end
40.32new text begin (f) The commissioner may use the good cause exemption under Minnesota Statutes, new text end
40.33new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end
40.34new text begin Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, new text end
40.35new text begin section 14.388.new text end
41.1 Sec. 86. new text begin TRANSITION; SNOWMOBILE REGISTRATION.new text end
41.2new text begin An individual who, on the effective date of sections 4, 5, 7, 8, and 9, possesses an new text end
41.3new text begin unexpired snowmobile registration that was issued before the effective date of sections 4, new text end
41.4new text begin 5, 7, 8, and 9 and who was required to display a valid snowmobile state trail sticker before new text end
41.5new text begin the effective date of sections 4, 5, 7, 8, and 9 must continue to display a valid snowmobile new text end
41.6new text begin state trail sticker according to Minnesota Statutes 2010, section 84.8205, until such time new text end
41.7new text begin as the snowmobile registration is renewed under the terms of sections 4, 5, 7, 8, and 9.new text end
41.8 Sec. 87. new text begin PUBLIC HEARINGS; TWIN LAKES SCIENTIFIC AND NATURAL new text end
41.9new text begin AREA.new text end
41.10new text begin The commissioner of natural resources shall, by September 1, 2012, hold public new text end
41.11new text begin hearings utilizing the process provided under Minnesota Statutes, section 86A.05, new text end
41.12new text begin subdivision 5, paragraph (d), on the issue of whether hunting should be allowed in Twin new text end
41.13new text begin Lakes Scientific and Natural Area. Any costs associated with conducting the public new text end
41.14new text begin hearings required under this section are the responsibility of the department.new text end
41.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
41.16 Sec. 88. new text begin RECORDS MANAGEMENT; LEGISLATIVE REPORT.new text end
41.17new text begin By January 15, 2015, the commissioner of natural resources shall prepare and submit new text end
41.18new text begin a report to the chairs and ranking minority members of the house of representatives and new text end
41.19new text begin senate legislative committees with jurisdiction over environment and natural resources new text end
41.20new text begin policy and finance for developing a records management system in the Division of new text end
41.21new text begin Enforcement. The report must include projected costs for planning, implementing, new text end
41.22new text begin maintaining, and administering a comprehensive records management system, associated new text end
41.23new text begin technology and equipment improvements, and an assessment of long-term funding needs new text end
41.24new text begin to fully implement, maintain, and administer the records management system.new text end
41.25 Sec. 89. new text begin REPORT TO LEGISLATURE.new text end
41.26new text begin By February 15, 2013, the commissioner of natural resources, after consultation with new text end
41.27new text begin the aquaculture industry and other affected parties, shall report to the chairs and ranking new text end
41.28new text begin minority members of the house of representatives and senate committees with jurisdiction new text end
41.29new text begin over environment and natural resources on the risks of introducing invasive carp through new text end
41.30new text begin transportation of fish between water bodies and shall include recommendations for any new text end
41.31new text begin necessary changes in statutes, rules, or permitting procedures.new text end
41.32 Sec. 90. new text begin REVISOR'S INSTRUCTION.new text end
42.1new text begin (a) The revisor of statutes shall change the term "gray wolf" or "gray wolves" new text end
42.2new text begin wherever the term appears in Minnesota Statutes and Minnesota Rules to "wolf" or new text end
42.3new text begin "wolves."new text end
42.4new text begin (b) The revisor of statutes shall change the range reference "parts 6234.0900 to new text end
42.5new text begin 6234.2300" to "parts 6234.0900 to 6234.2400" in Minnesota Rules, part 6234.0900.new text end
42.6 Sec. 91. new text begin REPEALER.new text end
42.7new text begin (a)new text end new text begin Minnesota Statutes 2010, sections 87A.02, subdivision 1; 97A.045, subdivisions new text end
42.8new text begin 8 and 13; 97A.065, subdivision 1; 97A.095, subdivision 3; 97A.331, subdivision 7; new text end
42.9new text begin 97A.485, subdivision 12; 97A.552; 97B.645, subdivision 2; and 97C.031,new text end new text begin are repealed.new text end
42.10new text begin (b)new text end new text begin Minnesota Statutes 2010, section 17.4993, subdivision 2,new text end new text begin is repealed on July new text end
42.11new text begin 1, 2013.new text end
42.12ARTICLE 2
42.13GAME AND FISH LICENSE FEES
42.14 Section 1. Minnesota Statutes 2010, section 97A.055, is amended by adding a
42.15subdivision to read:
42.16 new text begin Subd. 6.new text end new text begin Land acquisition restriction.new text end new text begin Except as provided in section 97A.475, new text end
42.17new text begin subdivision 4, revenue from the sale of game and fish licenses and permits, excluding new text end
42.18new text begin revenue from hunting and fishing stamps, shall not be used to acquire land in fee or new text end
42.19new text begin easement.new text end
42.20 Sec. 2. Minnesota Statutes 2011 Supplement, section 97A.075, subdivision 1, is
42.21amended to read:
42.22 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
42.23subdivision, "deer license" means a license issued under section
97A.475, subdivisions
42.242, clauses
(5), (6), (7), (13), (14), and (15), andnew text begin ;new text end 3, new text begin paragraph (a), new text end clauses (2), (3), (4),
42.25(10), (11), and (12),new text begin ; and 8, paragraph (b),new text end and licenses issued under section
97B.301,
42.26subdivision 4
.
42.27 (b) $2 from each annual deer license and $2 annually from the lifetime fish and
42.28wildlife trust fund, established in section
97A.4742, for each license issued under
42.29section
97A.473, subdivision 4, shall be credited to the deer management account and
42.30is appropriated to the commissioner for deer habitat improvement or deer management
42.31programs.
42.32 (c) $1 from each annual deer license and each bear license and $1 annually from
42.33the lifetime fish and wildlife trust fund, established in section
97A.4742, for each
43.1license issued under section
97A.473, subdivision 4, shall be credited to the deer and
43.2bear management account and is appropriated to the commissioner for deer and bear
43.3management programs, including a computerized licensing system.
43.4 (d) Fifty cents from each deer license is credited to the emergency deer feeding and
43.5wild cervidae health management account and is appropriated for emergency deer feeding
43.6and wild cervidae health management. Money appropriated for emergency deer feeding
43.7and wild cervidae health management is available until expended. The commissioner must
43.8inform the legislative chairs of the natural resources finance committees every two years
43.9on how the money for emergency deer feeding and wild cervidae health management
43.10has been spent.
43.11 When the unencumbered balance in the appropriation for emergency deer feeding
43.12and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
43.13unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
43.14management programs and computerized licensing.
43.15new text begin (e) Fifty cents from each annual deer license and 50 cents annually from the lifetime new text end
43.16new text begin fish and wildlife trust fund established in section 97A.4742, for each license issued under new text end
43.17new text begin section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring new text end
43.18new text begin account under subdivision 7.new text end
43.19 Sec. 3. Minnesota Statutes 2010, section 97A.411, subdivision 1, is amended to read:
43.20 Subdivision 1. License period. (a) Except as provided in paragraphs (b), (d), and
43.21(e), new text begin and (f), new text end a license is valid during the lawful time within the license year that the
43.22licensed activity may be performed. Except as provided in paragraphnew text begin paragraphsnew text end (c)new text begin and new text end
43.23new text begin (f)new text end , a license year begins on the first day of March and ends on the last day of February.
43.24 (b) A new text begin short-term new text end license issued under section 97A.475, subdivision 6, clause (5),
43.2597A.475, subdivision 7, clause (2), (3), (5), or (6), or
97A.475, subdivision 12, clause (2),
43.26new text begin that is limited by the number of days or hours under section 97A.475, new text end is valid for the full
43.27license period even if this period extends into the next license year, provided that the
43.28license period selected by the licensee begins at the time of issuance.
43.29 (c) The license year for resident fishing, the angling portion of a sporting license,
43.30nonresident fishing, resident fish house, resident dark house, and nonresident fish house
43.31begins on March 1 and ends on April 30 of the following year.
43.32 (d) A lifetime license issued under section
97A.473 or
97A.474 is valid during the
43.33lawful time within the license year that the licensed activity may be performed for the
43.34lifetime of the licensee.
44.1 (e) A three-year fish house or dark house license is valid during the license year that
44.2it is purchased and the two succeeding license years.
44.3new text begin (f) A three-year individual angling license is valid during the license year in which it new text end
44.4new text begin is purchased and the two succeeding license years.new text end
44.5 Sec. 4. Minnesota Statutes 2010, section 97A.411, is amended by adding a subdivision
44.6to read:
44.7 new text begin Subd. 4.new text end new text begin Validity of license when age or residency status changes.new text end new text begin A license to new text end
44.8new text begin take wild animals that was lawfully obtained continues to be valid for the balance of the new text end
44.9new text begin license period if the licensee's age, residency, or student qualification status changes.new text end
44.10 Sec. 5. Minnesota Statutes 2010, section 97A.435, subdivision 2, is amended to read:
44.11 Subd. 2. Eligibility. Persons eligible for a turkey license shall be determined by
44.12this section and commissioner's rule. A person is eligible for a turkey license only if the
44.13person is at least age 16 before the season opens, possesses a firearms safety certificate, or,
44.14if under age 12, is accompanied by a parent or guardian.
44.15 Sec. 6. Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:
44.16 Subd. 3. Residents under age 16; small game. (a) A resident under age 16 mustnew text begin new text end
44.17new text begin may notnew text end obtain a small game license in order tonew text begin but maynew text end take small game by firearms or
44.18bow and arrow without paying the applicable fees under section
, subdivisions 2,
44.194, and 5,new text begin a licensenew text end if the resident is:
44.20 (1) age 14 or 15 and possesses a firearms safety certificate;
44.21 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
44.22guardian;
44.23 (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
44.24by a parent or guardian who possesses a small game license that was not obtained using an
44.25apprentice hunter validation; or
44.26 (4) age 12 or under and is accompanied by a parent or guardian.
44.27 (b) A resident under age 16 may take small game by trapping without a small game
44.28license, but a resident 13 years of age or older must have a trapping license. A resident
44.29under age 13 may trap without a trapping license, but may not register fisher, otter,
44.30bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat,
44.31or pine marten taken by a resident under age five must be included in the limit of the
44.32accompanying parent or guardian.
45.1 (c) A resident under age 12 may apply for a turkey licensenew text begin 13 must obtain a free new text end
45.2new text begin turkey license to take turkeynew text end and may take a turkey without a firearms safety certificate
45.3if the resident is accompanied by an adult parent or guardian who has a firearms safety
45.4certificate.
45.5 (d) A resident under age 12new text begin 13new text end may apply for a prairie chicken license and may take
45.6a prairie chicken without a firearms safety certificate if the resident is accompanied by an
45.7adult parent or guardian who has a firearms safety certificate.
45.8 Sec. 7. Minnesota Statutes 2010, section 97A.451, is amended by adding a subdivision
45.9to read:
45.10 new text begin Subd. 3b.new text end new text begin Nonresidents under age 18; small game.new text end new text begin (a) A nonresident age 16 or new text end
45.11new text begin over and under age 18 may take small game by firearms or archery and may obtain a small new text end
45.12new text begin game license at the youth fee under section 97A.475, subdivision 3, paragraph (a), clause new text end
45.13new text begin (14), if the nonresident possesses a firearms safety certificate.new text end
45.14new text begin (b) A nonresident under age 16 may take small game by firearms or archery and may new text end
45.15new text begin obtain a small game license without paying the applicable fees under section 97A.475, new text end
45.16new text begin subdivisions 3, 4, and 5, if the nonresident is:new text end
45.17new text begin (1) age 14 or 15 and possesses a firearms safety certificate;new text end
45.18new text begin (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent new text end
45.19new text begin or guardian; ornew text end
45.20new text begin (3) age 12 or under and is accompanied by a parent or guardian.new text end
45.21 Sec. 8. Minnesota Statutes 2010, section 97A.451, subdivision 4, is amended to read:
45.22 Subd. 4. Persons under age 16new text begin 13new text end ; big game. (a) A person age 12, 13, 14, or 15
45.23may not obtain a license to take big game unless the person possesses a firearms safety
45.24certificate. A person age 12 or 13 must be accompanied by a parent or guardian to hunt
45.25big game.
45.26 (b) A person age 10 or 11new text begin ten or over and under age 13new text end may take big gamenew text begin ,new text end provided
45.27the person is under the direct supervision of a parent or guardian where the parent or
45.28guardian is within immediate reach. Until March 1, 2009, a person age 10 or 11 may take
45.29big game under a parent or guardian's license. Beginning March 1, 2009, A person age 10
45.30or 11new text begin ten or over and under age 13new text end must obtain a license in order to take big game and may
45.31obtain the license without paying the fee required under section
97A.475, subdivision 2.
45.32 Sec. 9. Minnesota Statutes 2010, section 97A.451, subdivision 5, is amended to read:
46.1 Subd. 5. Nonresidents under age 16new text begin Nonresident youth; anglingnew text end . (a) A
46.2nonresident under the age of 16 maynew text begin :new text end
46.3new text begin (1)new text end take fish by angling without a license if a parent or guardian has a fishing license.
46.4Fish taken by a nonresident under the age of 16 without a license must be included in the
46.5limit of the parent or guardian.new text begin ;new text end
46.6(b) A nonresident under age 16 maynew text begin (2)new text end purchase a new text begin youth new text end fishing license at the
46.7resident feenew text begin under section 97A.475, subdivision 7, paragraph (a), clause (8), and possess a new text end
46.8new text begin limit of fish;new text end or
46.9new text begin (3)new text end be included under a nonresident family new text begin angling new text end license, take fish by angling,
46.10and possess a limit of fish.
46.11new text begin (b) A nonresident age 16 or over and under age 18 must purchase a youth license to new text end
46.12new text begin angle under section 97A.475, subdivision 7, paragraph (a), clause (8).new text end
46.13 Sec. 10. Minnesota Statutes 2010, section 97A.473, subdivision 2, is amended to read:
46.14 Subd. 2. Lifetime angling license; fee. (a) A resident lifetime angling license
46.15authorizes a person to take fish by angling in the state. The license authorizes those
46.16activities authorized by the annual resident angling license. The license does not include a
46.17trout and salmon stamp validation, a walleye stamp validation, or other stamps required
46.18by law.
46.19 (b) The fees for a resident lifetime angling license are:
46.20 (1) age 3 and under, $227new text begin $304new text end ;
46.21 (2) age 4 to age 15, $300new text begin $415new text end ;
46.22 (3) age 16 to age 50, $383new text begin $508new text end ; and
46.23 (4) age 51 and over, $203new text begin $335new text end .
46.24 Sec. 11. Minnesota Statutes 2010, section 97A.473, subdivision 2b, is amended to read:
46.25 Subd. 2b. Lifetime angling and spearing license; fee. (a) A resident lifetime
46.26angling and spearing license authorizes a person to take fish by angling or spearing in the
46.27state. The license authorizes those activities authorized by the annual resident angling
46.28and spearing licenses.
46.29 (b) The fees for a resident lifetime angling and spearing license are:
46.30 (1) age 3 and under, $485new text begin $380new text end ;
46.31 (2) age 4 to age 15, $620new text begin $509new text end ;
46.32 (3) age 16 to age 50, $755new text begin $617new text end ; and
46.33 (4) age 51 and over, $376new text begin $386new text end .
47.1 Sec. 12. Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:
47.2 Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small
47.3game hunting license authorizes a person to hunt and trap small game in the state. The
47.4license authorizes those hunting and trapping activities authorized by the annual resident
47.5small game hunting and trapping licenses. The license does not include a turkey stamp
47.6validation or any other hunting stamps required by law.
47.7 (b) The fees for a resident lifetime small game hunting license are:
47.8 (1) age 3 and under, $217new text begin $223new text end ;
47.9 (2) age 4 to age 15, $290new text begin $301new text end ;
47.10 (3) age 16 to age 50, $363new text begin $430new text end ; and
47.11 (4) age 51 and over, $213new text begin $274new text end .
47.12 Sec. 13. Minnesota Statutes 2010, section 97A.473, subdivision 4, is amended to read:
47.13 Subd. 4. Lifetime deer hunting license; fee. (a) A resident lifetime deer hunting
47.14license authorizes a person to take deer with firearms or by archery in the state. The license
47.15authorizes those activities authorized by the annual resident firearm deer hunting license
47.16or the annual resident archery deer hunting license. The licensee must register and receive
47.17tags each year that the license is used. The tags shall be issued at no charge to the licensee.
47.18(b) The fees for a resident lifetime firearm or archery deer hunting license are:
47.19(1) age 3 and under, $337new text begin $406new text end ;
47.20(2) age 4 to age 15, $450new text begin $538new text end ;
47.21(3) age 16 to age 50, $573new text begin $656new text end ; and
47.22(4) age 51 and over, $383new text begin $468new text end .
47.23 Sec. 14. Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:
47.24 Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license
47.25authorizes a person to take fish by angling and hunt and trap small game in the state. The
47.26license authorizes those activities authorized by the annual resident angling, resident
47.27small game hunting, and resident trapping licenses. The license does not include a trout
47.28and salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or
47.29any other hunting stamps required by law.
47.30 (b) The fees for a resident lifetime sporting license are:
47.31 (1) age 3 and under, $357new text begin $528new text end ;
47.32 (2) age 4 to age 15, $480new text begin $728new text end ;
47.33 (3) age 16 to age 50, $613new text begin $861new text end ; and
47.34 (4) age 51 and over, $413new text begin $602new text end .
48.1 Sec. 15. Minnesota Statutes 2010, section 97A.474, subdivision 2, is amended to read:
48.2 Subd. 2. Nonresident lifetime angling license; fee. (a) A nonresident lifetime
48.3angling license authorizes a person to take fish by angling in the state. The license
48.4authorizes those activities authorized by the annual nonresident angling license. The
48.5license does not include a trout and salmon stamp validation, a walleye stamp validation,
48.6or other stamps required by law.
48.7 (b) The fees for a nonresident lifetime angling license are:
48.8 (1) age 3 and under, $447new text begin $726new text end ;
48.9 (2) age 4 to age 15, $600new text begin $925new text end ;
48.10 (3) age 16 to age 50, $773new text begin $1,054new text end ; and
48.11 (4) age 51 and over, $513new text begin $702new text end .
48.12 Sec. 16. Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:
48.13 Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
48.14only, are:
48.15 (1) for persons age 18 or over and under age 65 to take small game, $12.50new text begin $15.50new text end ;
48.16 (2) for persons ages 16 and 17 and age 65 or over, $6new text begin $7new text end to take small game;
48.17 (3) for persons age 18 or over to take turkey, $23new text begin $26new text end ;
48.18 (4) for persons under age new text begin 13 or over and under age new text end 18 to take turkey, $12new text begin $5new text end ;
48.19 (5) for persons age 18 or over to take deer with firearms during the regular firearms
48.20season, $26new text begin $30new text end ;
48.21 (6) for persons age 18 or over to take deer by archery, $26new text begin $30new text end ;
48.22 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
48.23season, $26new text begin $30new text end ;
48.24 (8) to take moose, for a party of not more than six persons, $310new text begin $356new text end ;
48.25 (9) to take bear, $38new text begin $44new text end ;
48.26 (10) to take elk, for a party of not more than two persons, $250new text begin $287new text end ;
48.27 (11) to take Canada geese during a special season, $4;
48.28 (12) to take prairie chickens, $20new text begin $23new text end ;
48.29 (13) for persons new text begin age 13 or over and new text end under age 18 to take deer with firearms during
48.30the regular firearms season, $13new text begin $5new text end ;
48.31 (14) for persons new text begin age 13 or over and new text end under age 18 to take deer by archery, $13; andnew text begin $5;new text end
48.32 (15) for persons new text begin age 13 or over and new text end under age 18 to take deer by muzzleloader
48.33during the muzzleloader season, $13.new text begin $5;new text end
48.34new text begin (16) for persons age 18 or over to take small game for a consecutive 72-hour period new text end
48.35new text begin selected by the licensee, $19, of which an amount equal to: one-half of the fee for the new text end
49.1new text begin migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the new text end
49.2new text begin waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half new text end
49.3new text begin of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in new text end
49.4new text begin the pheasant habitat improvement account under section 97A.075, subdivision 4; and new text end
49.5new text begin one-half of the small game surcharge under subdivision 4, shall be deposited in the new text end
49.6new text begin wildlife acquisition account; andnew text end
49.7new text begin (17) for persons age 16 or over and under age 18 to take small game, $5.new text end
49.8 Sec. 17. Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:
49.9 Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
49.10to nonresidents, are:
49.11 (1) for persons age 18 or over to take small game, $73new text begin $90.50new text end ;
49.12 (2) for persons age 18 or over to take deer with firearms during the regular firearms
49.13season, $135new text begin $160new text end ;
49.14 (3) for persons age 18 or over to take deer by archery, $135new text begin $160new text end ;
49.15 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
49.16season, $135new text begin $160new text end ;
49.17 (5) to take bear, $195new text begin $225new text end ;
49.18 (6) for persons age 18 and older new text begin or over new text end to take turkey, $78new text begin $91new text end ;
49.19 (7) for persons new text begin age 13 or over and new text end under age 18 to take turkey, $12new text begin $13new text end ;
49.20 (8) to take raccoon or bobcat, $155new text begin $178new text end ;
49.21 (9) to take Canada geese during a special season, $4;
49.22 (10) for persons new text begin age 13 or over and new text end under age 18 to take deer with firearms during
49.23the regular firearms season in any open season option or time period, $13new text begin $15new text end ;
49.24 (11) for persons new text begin age 13 or over and new text end under age 18 to take deer by archery, $13;
49.25andnew text begin $15;new text end
49.26 (12) for persons new text begin age 13 or over and new text end under age 18 to take deer during the muzzleloader
49.27season, $13.new text begin $15;new text end
49.28new text begin (13) for persons age 18 or over to take small game for a consecutive 72-hour period new text end
49.29new text begin selected by the licensee, $75, of which an amount equal to: one-half of the fee for the new text end
49.30new text begin migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the new text end
49.31new text begin waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half new text end
49.32new text begin of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in new text end
49.33new text begin the pheasant habitat improvement account under section 97A.075, subdivision 4; and new text end
49.34new text begin one-half of the small game surcharge under subdivision 4, shall be deposited into the new text end
49.35new text begin wildlife acquisition account; andnew text end
50.1new text begin (14) for persons age 16 and over and under age 18 to take small game, $15.new text end
50.2 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
50.3paragraph (a), clauses (1) to new text begin (6) and new text end (8). An additional commission may not be assessed
50.4on this surcharge.
50.5 Sec. 18. Minnesota Statutes 2010, section 97A.475, subdivision 4, is amended to read:
50.6 Subd. 4. Small game surcharge. Fees for annual licenses to take small game must
50.7be increased by a surcharge of $6.50new text begin , except licenses under subdivisions 2, clauses (16) new text end
50.8new text begin and (17); and 3, paragraph (a), clause (13)new text end . An additional commission may not be assessed
50.9on the surcharge and the following statement must be included in the annual small game
50.10hunting regulations: "This $6.50 surcharge is being paid by hunters for the acquisition and
50.11development of wildlife lands."
50.12 Sec. 19. Minnesota Statutes 2010, section 97A.475, subdivision 6, is amended to read:
50.13 Subd. 6. Resident fishing. Fees for the following licenses, to be issued to residents
50.14only, are:
50.15(1) new text begin for persons age 18 or over new text end to take fish by angling, $17new text begin $22new text end ;
50.16(2) new text begin for persons age 18 or over new text end to take fish by angling, for a combined license for a
50.17married couple, $25new text begin $35new text end ;
50.18(3) new text begin for persons age 18 or over new text end to take fish by spearing from a dark house, $17; andnew text begin new text end
50.19new text begin $5, and the person must possess an angling license;new text end
50.20(4) new text begin for persons age 18 or over new text end to take fish by angling for a 24-hour period selected
50.21by the licensee, $8.50.new text begin $10;new text end
50.22new text begin (5) for persons age 18 or over to take fish by angling for a consecutive 72-hour new text end
50.23new text begin period selected by the licensee, $12;new text end
50.24new text begin (6) for persons age 18 or over to take fish by angling for three consecutive years, new text end
50.25new text begin $63; andnew text end
50.26new text begin (7) for persons age 16 or over and under age 18 to take fish by angling, $5.new text end
50.27 Sec. 20. Minnesota Statutes 2011 Supplement, section 97A.475, subdivision 7, is
50.28amended to read:
50.29 Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
50.30to nonresidents, are:
50.31 (1) new text begin for persons age 18 or over new text end to take fish by angling, $37.50new text begin $40new text end ;
50.32 (2) new text begin for persons age 18 or over new text end to take fish by angling limited to seven consecutive
50.33days selected by the licensee, $26.50new text begin $33new text end ;
51.1 (3) new text begin for persons age 18 or over new text end to take fish by angling for a new text begin consecutive new text end 72-hour
51.2period selected by the licensee, $22new text begin $27new text end ;
51.3 (4) new text begin for persons age 18 or over new text end to take fish by angling for a combined license for a
51.4family for one or both parents and dependent children under the age of 16, $50.50new text begin $55new text end ;
51.5 (5) new text begin for persons age 18 or over new text end to take fish by angling for a 24-hour period selected
51.6by the licensee, $8.50new text begin $12new text end ;
51.7 (6) to take fish by angling for a combined license for a married couple, limited to 14
51.8consecutive days selected by one of the licensees, $38.50; andnew text begin $43;new text end
51.9(7) new text begin for persons age 18 or over new text end to take fish by spearing from a dark house, $37.50.new text begin new text end
51.10new text begin $10, and the person must possess an angling license; andnew text end
51.11new text begin (8) for persons age 16 or over and under age 18 to take fish by angling, $5.new text end
51.12 (b) A $2new text begin $5new text end surcharge shall be added to all nonresident fishing licenses, except
51.13licenses issued under paragraph (a), clausenew text begin clausesnew text end (5), and licenses purchased at the
51.14resident fee by nonresidents under age 16 under section
97A.451, subdivision 5, paragraph
51.15(b)new text begin and (8)new text end . An additional commission may not be assessed on this surcharge.
51.16 Sec. 21. Minnesota Statutes 2010, section 97A.475, subdivision 8, is amended to read:
51.17 Subd. 8. Minnesota sportingnew text begin ; super sportsnew text end . new text begin (a) new text end The commissioner shall issue
51.18Minnesota sporting licenses to residents only. The licensee may take fish by angling
51.19and small game. The fee for the license is:
51.20(1) for an individual, $23new text begin $31.50new text end ; and
51.21(2) for a combined license for a married couple to take fish and for one spouse
51.22to take small game, $32new text begin $45.50new text end .
51.23new text begin (b) The commissioner shall issue Minnesota super sports licenses to residents only. new text end
51.24new text begin The licensee may take fish by angling, including trout; small game, including pheasant new text end
51.25new text begin and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super new text end
51.26new text begin sports license, including all required stamp validations is:new text end
51.27new text begin (1) for an individual age 18 or over, $92.50; andnew text end
51.28new text begin (2) for a combined license for a married couple to take fish, including the trout and new text end
51.29new text begin salmon stamp validation, and for one spouse to take small game, including pheasant new text end
51.30new text begin and waterfowl, and deer, $118.50.new text end
51.31new text begin (c) Revenue for the stamp endorsements under paragraph (b) shall be deposited new text end
51.32new text begin according to section 97A.075, subdivisions 2, 3, and 4.new text end
51.33new text begin (d) Revenue for the deer license endorsement under paragraph (b) shall be deposited new text end
51.34new text begin according to section 97A.075, subdivision 1.new text end
52.1 Sec. 22. Minnesota Statutes 2010, section 97A.475, subdivision 11, is amended to read:
52.2 Subd. 11. Fish houses, dark houses, and shelters; residents. Fees for the
52.3following licenses are:
52.4 (1) annual for a fish house, dark house, or shelter that is not rented, $11.50new text begin $15new text end ;
52.5 (2) annual for a fish house, dark house, or shelter that is rented, $26new text begin $30new text end ;
52.6 (3) three-year for a fish house, dark house, or shelter that is not rented, $34.50new text begin new text end
52.7new text begin $42new text end ; and
52.8 (4) three-year for a fish house, dark house, or shelter that is rented, $78new text begin $87new text end .
52.9 Sec. 23. Minnesota Statutes 2010, section 97A.475, subdivision 12, is amended to read:
52.10 Subd. 12. Fish houses, dark houses, and shelters; nonresident. Fees for fish
52.11house, dark house, and shelter licenses for a nonresident are:
52.12 (1) annual, $33new text begin $37new text end ;
52.13 (2) seven consecutive daysnew text begin selected by the licenseenew text end , $19new text begin $21new text end ; and
52.14 (3) three-year, $99new text begin $111new text end .
52.15 Sec. 24. Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:
52.16 Subd. 20. Trapping license. The fee for a license to trap fur-bearing animals is:
52.17(1) for residents over age 13 and under age 18, $6new text begin $5new text end ;
52.18(2) for residents age 18 or over and under age 65, $20new text begin $23new text end ;
52.19(3) for residents age 65 or over, $10new text begin $11.50new text end ; and
52.20(4) for nonresidents, $73new text begin $84new text end .
52.21 Sec. 25. Minnesota Statutes 2010, section 97A.475, subdivision 43, is amended to read:
52.22 Subd. 43. Duplicate licenses. The fees for duplicate licenses are:
52.23(1) for licenses to take big game, $5new text begin , except licenses issued under subdivision 8, new text end
52.24new text begin paragraph (b)new text end ; and
52.25(2) for other licenses, $2.
52.26 Sec. 26. Minnesota Statutes 2010, section 97A.475, subdivision 44, is amended to read:
52.27 Subd. 44. Replacement licenses. The fee for a replacement firearms deer license
52.28is $5new text begin , except there is no fee for replacing a deer license issued under subdivision 8, new text end
52.29new text begin paragraph (b)new text end .
52.30 Sec. 27. Minnesota Statutes 2010, section 97A.475, subdivision 45, is amended to read:
53.1 Subd. 45. Camp Ripley archery deer hunt. The application fee for the Camp
53.2Ripley archery deer hunt is $8new text begin $12new text end .
53.3 Sec. 28. Minnesota Statutes 2010, section 97A.485, subdivision 7, is amended to read:
53.4 Subd. 7. Electronic licensing system commission. The commissioner shall retain
53.5for the operation of the electronic licensing system the commission established under
53.6section
84.027, subdivision 15, and issuing fees collected by the commissioner on all
53.7license fees collected, excluding:new text begin .new text end
53.8 (1) the small game surcharge;
53.9 (2) the deer license surcharges or donations under section
97A.475, subdivisions 3,
53.10paragraph (b), and 3a; and
53.11 (3) $2.50 of the license fee for the licenses in section
97A.475, subdivisions 6,
53.12clauses (1)
, (2), and (4), 7, 8, 12, and 13.
53.13 Sec. 29. Minnesota Statutes 2010, section 97B.020, is amended to read:
53.1497B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
53.15 (a) Except as provided in this section and section 97A.451, subdivision 3anew text begin new text end
53.16new text begin subdivisions 3 and 3bnew text end , a person born after December 31, 1979, may not obtain an annual
53.17license to take wild animals by firearms unless the person has:
53.18 (1) a firearms safety certificate or equivalent certificate;
53.19 (2) a driver's license or identification card with a valid firearms safety qualification
53.20indicator issued under section
171.07, subdivision 13;
53.21 (3) a previous hunting license with a valid firearms safety qualification indicator;
53.22 (4) an apprentice hunter validation issued under section
97B.022; or
53.23 (5) other evidence indicating that the person has completed in this state or in another
53.24state a hunter safety course recognized by the department under a reciprocity agreement or
53.25certified by the department as substantially similar.
53.26 (b) A person who is on active duty and has successfully completed basic training
53.27in the United States armed forces, reserve component, or National Guard may obtain a
53.28hunting license or approval authorizing hunting regardless of whether the person is issued
53.29a firearms safety certificate.
53.30 (c) A person born after December 31, 1979, may not use a lifetime license to take
53.31wild animals by firearms, unless the person meets the requirements for obtaining an annual
53.32license under paragraph (a) or (b).
53.33 Sec. 30. Minnesota Statutes 2010, section 97B.715, subdivision 1, is amended to read:
54.1 Subdivision 1. Stamp required. (a) Except as provided in paragraph (b) or section
54.297A.405, subdivision 2
, a person required to possess a small game license may not hunt
54.3pheasants without a pheasant stamp validation.
54.4 (b) The following persons are exempt from this subdivision:
54.5 (1) residents new text begin and nonresidents new text end under age 18 or new text begin and residents new text end over age 65;
54.6 (2) persons hunting on licensed commercial shooting preserves; and
54.7 (3) resident disabled veterans with a license issued under section
97A.441,
54.8subdivision 6a
.new text begin ; andnew text end
54.9new text begin (4) residents and nonresidents hunting on licenses issued under section 97A.475, new text end
54.10new text begin subdivision 2, clause (16); or 3, paragraph (a), clause (13).new text end
54.11 Sec. 31. Minnesota Statutes 2010, section 97B.801, is amended to read:
54.1297B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.
54.13 (a) Except as provided in this section or section
97A.405, subdivision 2, a person
54.14required to possess a small game license may not take migratory waterfowl without a
54.15migratory waterfowl stamp validation.
54.16 (b) Residents under age 18 or over age 65; resident disabled veterans with a license
54.17issued under section
97A.441, subdivision 6a; and persons hunting on their own property
54.18are not required to possess a stamp validation under this section.
54.19new text begin (c) Residents and nonresidents with licenses issued under section 97A.475, new text end
54.20new text begin subdivision 2, clause (16); or 3, paragraph (a), clause (13), are not required to possess a new text end
54.21new text begin stamp validation under this section.new text end
54.22 Sec. 32. Minnesota Statutes 2010, section 97C.305, subdivision 1, is amended to read:
54.23 Subdivision 1. Requirement. Except as provided in subdivision 2 or section
54.2497A.405, subdivision 2
, a person over age 16new text begin 18new text end and under age 65 required to possess an
54.25angling license must have a trout and salmon stamp validation to:
54.26(1) take fish by angling in:
54.27(i) a stream designated by the commissioner as a trout stream;
54.28(ii) a lake designated by the commissioner as a trout lake; or
54.29(iii) Lake Superior; or
54.30(2) possess trout or salmon taken in the state by angling.
54.31 Sec. 33. Minnesota Statutes 2010, section 97C.305, subdivision 2, is amended to read:
54.32 Subd. 2. Exception. A trout and salmon stamp validation is not required to take fish
54.33by angling or to possess trout and salmon if:
55.1(1) the person:
55.2(i) possesses a license to take fish by angling for a period of 24 hours new text begin or 72 hours new text end
55.3from the time of issuance under section
97A.475, subdivision 6, clause new text begin (4) or new text end (5),new text begin ;new text end or
55.4subdivision 7, new text begin paragraph (a), new text end clause new text begin (3) or new text end (5), and
55.5(ii) is taking fish by angling, or the trout or salmon were taken by the person, during
55.6the period the license is valid;
55.7(2) the person is taking fish, or the trout or salmon were taken by the person, as
55.8authorized under section
97C.035; or
55.9(3) the person has a valid license issued under section
97A.441, subdivision 1, 2,
55.103, 4, or 5.
55.11 Sec. 34. new text begin TRANSFER; INVASIVE SPECIES ACCOUNT.new text end
55.12new text begin In fiscal year 2013, the commissioner of management and budget shall transfer new text end
55.13new text begin $500,000 from the game and fish fund to the invasive species account created in Minnesota new text end
55.14new text begin Statutes, section 84D.15. This is in addition to the transfer specified in Minnesota Statutes, new text end
55.15new text begin section 84D.15, subdivision 2.new text end
55.16 Sec. 35. new text begin TRANSFER; WALK-IN ACCESS ACCOUNT.new text end
55.17new text begin The commissioner of natural resources shall transfer $616,000 from the venison new text end
55.18new text begin donation account in the special revenue fund to the walk-in access account in the special new text end
55.19new text begin revenue fund. This transfer is available until spent.new text end
55.20 Sec. 36. new text begin APPROPRIATION.new text end
55.21new text begin $1,000,000 in fiscal year 2013 from the invasive species account is added to new text end
55.22new text begin the appropriation in Laws 2011, First Special Session chapter 2, article 1, section 4, new text end
55.23new text begin subdivision 3, for invasive species activities. This is a onetime appropriation.new text end
55.24 Sec. 37. new text begin REPEALER.new text end
55.25new text begin Minnesota Statutes 2010, section 97A.451, subdivisions 3a and 7,new text end new text begin are repealed.new text end
55.26 Sec. 38. new text begin EFFECTIVE DATE.new text end
55.27new text begin Sections 2 to 33, and 37, are effective March 1, 2013.new text end "
55.28Delete the title and insert:
55.29"A bill for an act
55.30relating to natural resources; modifying game and fish license provisions;
55.31providing for taking wolf; modifying requirements to take and transport wild
55.32animals; modifying department authority and duties; providing for continued
55.33operations when biennial appropriations have not been enacted; creating
56.1walk-in access program; modifying predator control program; modifying deer
56.2baiting restrictions; modifying authority to remove beavers; providing for and
56.3modifying disposition of certain receipts; modifying snowmobile registration
56.4and trail sticker requirements; modifying snowmobile operation provisions;
56.5modifying watercraft license fees; modifying shooting range provisions;
56.6modifying temporary drawdown of public waters provisions; modifying certain
56.7civil liability provisions; requiring certain hearings; requiring report; requiring
56.8rulemaking; providing civil penalties; appropriating money;amending Minnesota
56.9Statutes 2010, sections 84.027, subdivisions 14, 15; 84.085, subdivision 1;
56.1084.82, subdivisions 2, 3, 6; 84.8205, subdivision 1; 84.83, subdivisions 2, 3;
56.1184.8712, subdivision 1; 86B.301, subdivision 2; 86B.415, subdivisions 1, 2, by
56.12adding a subdivision; 87A.01, subdivision 4; 87A.02, subdivision 2; 97A.015,
56.13subdivisions 3a, 53; 97A.055, by adding a subdivision; 97A.065, subdivision
56.146; 97A.085, by adding a subdivision; 97A.095, subdivisions 1, 2; 97A.137,
56.15subdivision 5; 97A.405, subdivision 4, by adding a subdivision; 97A.411,
56.16subdivision 1, by adding a subdivision; 97A.421, subdivision 3; 97A.431,
56.17subdivision 3; 97A.433, subdivision 3; 97A.435, subdivisions 2, 3; 97A.441,
56.18subdivision 7; 97A.451, subdivisions 3, 4, 5, by adding subdivisions; 97A.473,
56.19subdivisions 2, 2b, 3, 4, 5, 5a; 97A.474, subdivision 2; 97A.475, subdivisions 2,
56.203, 3a, 4, 6, 8, 11, 12, 20, 43, 44, 45; 97A.482; 97A.485, subdivision 7; 97B.001,
56.21subdivision 7; 97B.020; 97B.031, subdivisions 1, 2; 97B.035, subdivision 1a;
56.2297B.071; 97B.085, subdivision 3; 97B.328; 97B.401; 97B.601, subdivisions
56.233a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4; 97B.711, subdivision 1;
56.2497B.715, subdivision 1; 97B.801; 97B.805, subdivision 1; 97B.901; 97C.305,
56.25subdivisions 1, 2; 97C.355, subdivision 1, by adding a subdivision; 97C.395,
56.26subdivision 1; 97C.515, subdivisions 2, 4, 5; 103G.005, by adding a subdivision;
56.27103G.408; 604A.21, subdivision 5; Minnesota Statutes 2011 Supplement,
56.28sections 84D.03, subdivision 3; 97A.075, subdivision 1, by adding a subdivision;
56.2997A.475, subdivision 7; 97B.075; 97B.645, subdivision 9; 97B.667; Laws 2011,
56.30First Special Session chapter 2, article 1, section 4, subdivision 6; proposing
56.31coding for new law in Minnesota Statutes, chapters 87A; 97A; 97B; repealing
56.32Minnesota Statutes 2010, sections 17.4993, subdivision 2; 87A.02, subdivision
56.331; 97A.045, subdivisions 8, 13; 97A.065, subdivision 1; 97A.095, subdivision 3;
56.3497A.331, subdivision 7; 97A.451, subdivisions 3a, 7; 97A.485, subdivision 12;
56.3597A.552; 97B.645, subdivision 2; 97C.031."
57.1
We request the adoption of this report and repassage of the bill.
57.2
House Conferees:
57.3
.....
.....
57.4
Tom Hackbarth
Mark Buesgens
57.5
.....
.....
57.6
Tony Cornish
Denny McNamara
57.7
.....
57.8
David Dill
57.9
Senate Conferees:
57.10
.....
.....
57.11
Bill G. Ingebrigtsen
Paul Gazelka
57.12
.....
.....
57.13
John J. Carlson
Kari Dziedzic
57.14
.....
57.15
Jeremy R. Miller