HF 2852
1st Unofficial Engrossment - 88th Legislature (2013 - 2014)
Posted on 05/09/2014 08:22 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to natural resources; modifying game and fish laws; modifying use
1.3of vehicles for hunting; modifying all-terrain vehicle definitions; modifying
1.4oversight committee provisions; modifying provisions for wildlife management
1.5areas; modifying license provisions and fees; modifying trespass provisions;
1.6modifying provisions for taking wild animals; authorizing nonlethal hazing of
1.7Canada geese; requiring certain permits; modifying requirements for game
1.8and fish contests; providing for certain actions by the commissioner of natural
1.9resources; updating and eliminating certain obsolete language; modifying prior
1.10appropriations; requiring rulemaking; providing criminal penalties; amending
1.11Minnesota Statutes 2012, sections 84.154, subdivisions 1, 2, 3; 84.777,
1.12subdivision 2; 84.87, by adding a subdivision; 84.92, subdivisions 8, 9, 10;
1.1384.944, subdivision 2; 84A.10; 84A.50; 97A.025; 97A.055, subdivision 4b;
1.1497A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision
1.155, by adding a subdivision; 97A.405, subdivisions 2, 4a; 97A.434, subdivision
1.161; 97A.441, subdivisions 1, 5; 97A.473, subdivisions 2a, 2b, 5, 5a; 97A.502;
1.1797B.001, subdivisions 3, 4, 7; 97B.031, subdivision 5; 97B.081, subdivision
1.183; 97B.086; 97B.095; 97B.111, subdivision 1; 97B.516; 97B.605; 97B.646;
1.1997B.655, subdivision 1; 97B.667, subdivisions 3, 4; 97B.731, subdivision 1;
1.2097C.821; 171.07, subdivision 15, by adding a subdivision; 349.173; Minnesota
1.21Statutes 2013 Supplement, sections 97A.441, subdivisions 6, 6a; 97A.475,
1.22subdivisions 2, 3; 97A.485, subdivision 6; Laws 2008, chapter 363, article 5,
1.23section 4, subdivision 7, as amended; proposing coding for new law in Minnesota
1.24Statutes, chapters 97B; 97C; repealing Minnesota Statutes 2012, sections
1.2584.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445,
1.26subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621,
1.27subdivisions 1, 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2;
1.2897B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.081, subdivision
1.295; 97C.827; Minnesota Rules, part 6100.5100.
1.30BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.31 Section 1. Minnesota Statutes 2012, section 84.154, subdivision 1, is amended to read:
1.32 Subdivision 1. Conservation project. The commissioner is hereby authorized, with
1.33the approval of the Executive Council, and on such terms as may be deemed advantageous
1.34to the state, to sell and convey to the United States the fee title, free from any mineral
2.1reservation, of lands acquired by the state for the Lac qui Parle River water control project
2.2upon which dams and appurtenant structures have been or may be constructed and such
2.3rights-of-way as may be required by the United States to provide access thereto for the
2.4purposes of construction, maintenance and operation, and to grant, sell and convey either
2.5such fee title to, or flowage rights over, all lands acquired for the project on and above Lac
2.6qui Parle Lake which lie below the 935.7 foot elevation on project datum, and to grant,
2.7sell and convey flowage rights only over all lands so acquired on or above Marsh Lake
2.8which lie below the 939.5 foot elevation on project datum and over all of such lands
2.9on and above either of these lakes which lie above such elevations, and to lease to any
2.10appropriate agency of the United States for conservation purposes, subject to such flowage
2.11rights, any of such lands the ownership of which is retained by the state, or to enter into a
2.12cooperative agreement with any such agency for the development and management of
2.13any wild life or other conservation activity thereon; provided, that no such conveyance or
2.14agreement shall waive any claim of the state for reimbursement from the United States
2.15under the Flood Control Act of June 28, 1938, and any amendments thereof. Each such
2.16lease for conservation purposes and each such cooperative agreement for the development
2.17and management of wild life or other conservation activity on such lands shall contain
2.18specific conditions reserving to the public during all open seasons for hunting wild
2.19waterfowl at least 40 percent of the area of these lands suitable for hunting waterfowl as
2.20public shooting grounds.
2.21 Sec. 2. Minnesota Statutes 2012, section 84.154, subdivision 2, is amended to read:
2.22 Subd. 2. Commissioner may complete Lac qui Parle and Big Stone Lake
2.23projects. Inasmuch as the cessation of the work relief program of the federal government
2.24and the entry of the United States into the present war prevented completion of certain
2.25contemplated features of the Lac qui Parle and Big Stone Lake water control projects
2.26heretofore undertaken by the Executive Council, in cooperation with federal agencies,
2.27and it is desirable that such projects be completed in order to secure effective control and
2.28utilization of the waters affected for the purposes of prevention and control of floods,
2.29water conservation, improvement of conditions for game and fish, and other authorized
2.30public uses, The commissioner of natural resources is authorized to construct all works
2.31and improvements pertaining or incidental to said projects which the commissioner deems
2.32necessary for such purposes, and to maintain and operate the same so far as not transferred
2.33to the United States pursuant to law.
2.34 Sec. 3. Minnesota Statutes 2012, section 84.154, subdivision 3, is amended to read:
3.1 Subd. 3. Powers of commissioner. The commissioner of natural resources may
3.2use for any project herein authorized any land of the state under the commissioner's
3.3jurisdiction or control so far as is not inconsistent with the laws governing the same,
3.4may acquire by purchase, gift, or condemnation any additional lands or interests in lands
3.5required for such projects, including lands or interests in adjacent states if authorized by
3.6the laws thereof, may accept gifts or grants of money or property from the United States or
3.7any other source for such projects, may use and apply any money or property so received
3.8in accordance with the terms of the gift or grant so far as is not inconsistent with the
3.9provisions of this section or other laws, may act in behalf of the state as sponsor for any
3.10such project undertaken or authorized by the United States, may make any sponsor's
3.11contributions required for any such project out of money appropriated by Laws 1943,
3.12chapter 476, or otherwise made available therefor, and may cooperate with the United
3.13States or any adjacent state or any authorized agency of either in constructing, maintaining
3.14and operating any such project upon such terms and conditions as the commissioner may
3.15deem proper not inconsistent with the laws of this state.
3.16 Sec. 4. Minnesota Statutes 2012, section 84.777, subdivision 2, is amended to read:
3.17 Subd. 2. Off-highway vehiclenew text begin and snowmobilenew text end seasonal restrictions. (a)
3.18Except for designated forest roads, a person must not operate an off-highway vehicle new text begin or new text end
3.19new text begin snowmobile new text end on state forest lands during the firearms deer hunting season in areas of the
3.20state where deer may be taken by rifle. This paragraph does not apply to a person in
3.21possession of a valid deer hunting license operating an off-highway vehicle new text begin or snowmobile new text end
3.22before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
3.23 (b) The commissioner may designate and post winter trails on state forest lands
3.24for use by off-highway vehicles.
3.25 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
3.26the authority of the commissioner as defined in section
89.001, subdivision 13, and lands
3.27managed by the commissioner under section
282.011.
3.28 Sec. 5. Minnesota Statutes 2012, section 84.87, is amended by adding a subdivision to
3.29read:
3.30 new text begin Subd. 5.new text end new text begin Snowmobile operation during the firearms deer season.new text end new text begin Snowmobile new text end
3.31new text begin operation during the firearms deer hunting season is restricted as provided in section new text end
3.32new text begin 84.777, subdivision 2, and rules adopted by the commissioner.new text end
3.33 Sec. 6. Minnesota Statutes 2012, section 84.92, subdivision 8, is amended to read:
4.1 Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
4.2motorized flotation-tired vehicle of not less than three low pressure tires, but not more
4.3than six new text begin low pressure or nonpneumatic new text end tires, that is limited in engine displacement of
4.4less than 1,000 cubic centimeters and includes a class 1 all-terrain vehicle and class 2
4.5all-terrain vehicle.
4.6 Sec. 7. Minnesota Statutes 2012, section 84.92, subdivision 9, is amended to read:
4.7 Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
4.8all-terrain vehicle that has a total dry weight of less than 1,000new text begin 1,200new text end pounds.
4.9 Sec. 8. Minnesota Statutes 2012, section 84.92, subdivision 10, is amended to read:
4.10 Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
4.11all-terrain vehicle that has a total dry weight of 1,000new text begin 1,200new text end to 1,800 pounds.
4.12 Sec. 9. Minnesota Statutes 2012, section 84.944, subdivision 2, is amended to read:
4.13 Subd. 2. Designation of acquired sites. The critical natural habitat acquired in fee
4.14title by the commissioner under this section shall be designated by the commissioner as:
4.15(1) an outdoor recreation unit pursuant to section
86A.07, subdivision 3, or (2) as provided
4.16in sections
89.018, subdivision 2, paragraph (a),
97A.101,
97A.125, new text begin and new text end
97C.001, and
4.17. The commissioner may so designate any critical natural habitat acquired in
4.18less than fee title.
4.19 Sec. 10. Minnesota Statutes 2012, section 84A.10, is amended to read:
4.2084A.10 EMINENT DOMAIN.
4.21The department has the power of eminent domain in chapter 117. The department
4.22may acquire, by eminent domain or by purchase, lands or interests in lands in the preserve
4.23that the department considers necessary for state ownership, use, or development for the
4.24purposes of sections
84A.01 to
new text begin 84A.101new text end . No money shall be used to acquire the
4.25lands or interests until the department determines that the money will not be required to
4.26meet the requisitions of the counties authorized under section
, or for payment of
4.27certificates of indebtedness and their interest.
4.28 Sec. 11. Minnesota Statutes 2012, section 84A.50, is amended to read:
4.2984A.50 CERTAIN CERTIFICATES ACCEPTED AND VALIDATED.
4.30Certificates relating to bonds issued to finance or refinance public drainage ditches,
4.31the principal and interest of the bonds, the amount of money collected from drainage
5.1assessments and credited to ditches, and the amount of the deficit in the ditch fund made
5.2by a county auditor under section
,
84A.23, or
84A.33 to the commissioner of
5.3management and budget on which payment has been made by the state are accepted as
5.4correct and are validated.
5.5 Sec. 12. Minnesota Statutes 2012, section 97A.025, is amended to read:
5.697A.025 OWNERSHIP OF WILD ANIMALS.
5.7The ownership of wild animals of the state is in the state, in its sovereign capacity
5.8for the benefit of all the people of the state. A person may not acquire a property right in
5.9wild animals, or destroy them, unless authorized under the game and fish laws, sections
5.10 to
, or sections
17.47 to
17.498.
5.11 Sec. 13. Minnesota Statutes 2012, section 97A.055, subdivision 4b, is amended to read:
5.12 Subd. 4b. Citizen oversight committees. (a) The commissioner shall appoint
5.13committees of affected persons to review the reports prepared under subdivision 4; review
5.14the proposed work plans and budgets for the coming year; propose changes in policies,
5.15activities, and revenue enhancements or reductions; review other relevant information;
5.16and make recommendations to the legislature and the commissioner for improvements in
5.17the management and use of money in the game and fish fund.
5.18 (b) The commissioner shall appoint the following committees, each comprised
5.19of at least ten affected persons:
5.20 (1) a Fisheries Oversight Committee to review fisheries funding and expenditures,
5.21including activities related to trout and salmon stamps and walleye stamps; and
5.22 (2) a Wildlife Oversight Committee to review wildlife funding and expenditures,
5.23including activities related to migratory waterfowl, pheasant, and wild turkey management
5.24and deer and big game management.
5.25 (c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
5.26Committee, and four additional members from each committee, shall form a Budgetary
5.27Oversight Committee to coordinate the integration of the fisheries and wildlife oversight
5.28committee reports into an annual report to the legislature; recommend changes on a broad
5.29level in policies, activities, and revenue enhancements or reductions; and provide a forum
5.30to address issues that transcend the fisheries and wildlife oversight committees.
5.31 (d) The Budgetary Oversight Committee shall develop recommendations for a
5.32biennial budget plan and report for expenditures on game and fish activities. By August 15
5.33of each even-numbered year, the committee shall submit the budget plan recommendations
6.1to the commissioner and to the senate and house of representatives committees with
6.2jurisdiction over natural resources finance.
6.3 (e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
6.4Committee shall be chosen by their respective committees. The chair of the Budgetary
6.5Oversight Committee shall be appointed by the commissioner and may not be the chair of
6.6either of the other oversight committees.
6.7 (f) The Budgetary Oversight Committee may make recommendations to the
6.8commissioner and to the senate and house of representatives committees with jurisdiction
6.9over natural resources finance for outcome goals from expenditures.
6.10 (g) Notwithstanding section
15.059, subdivision 5, or other law to the contrary,new text begin The new text end
6.11new text begin committees authorized under this subdivision are not advisory councils or committees new text end
6.12new text begin governed by section 15.059 and are not subject to section 15.059. Committee members new text end
6.13new text begin appointed by the commissioner may request reimbursement for mileage expenses in new text end
6.14new text begin the same manner and amount as authorized by the commissioner's plan adopted under new text end
6.15new text begin section 43A.18, subdivision 2. Committee members must not receive daily compensation new text end
6.16new text begin for oversight activities.new text end The Fisheries Oversight Committee, the Wildlife Oversight
6.17Committee, and the Budgetary Oversight Committee do not expire until June 30, 2015.
6.18 Sec. 14. Minnesota Statutes 2012, section 97A.131, is amended to read:
6.1997A.131 GAME FARMS AND HATCHERIES.
6.20The commissioner may acquire property by gift, lease, purchase, or condemnation
6.21and may construct, maintain, operate, and alter facilities for game farms and hatcheries.
6.22 Sec. 15. Minnesota Statutes 2012, section 97A.137, subdivision 3, is amended to read:
6.23 Subd. 3. Use of motorized vehicles by disabled hunters. The commissioner may
6.24issue a special permit, without a fee, authorizing a hunter with a permanent physical
6.25disability to use a snowmobile ornew text begin , highway-licensed vehicle,new text end all-terrain vehiclenew text begin , or motor new text end
6.26new text begin boatnew text end in wildlife management areas. To qualify for a permit under this subdivision, the
6.27disabled person must possess:
6.28(1) the required hunting licenses; and
6.29(2) a permit to shoot from a stationary vehicle under section
97B.055, subdivision 3.
6.30 Sec. 16. Minnesota Statutes 2012, section 97A.137, is amended by adding a
6.31subdivision to read:
6.32 new text begin Subd. 6.new text end new text begin Crossing state lands.new text end new text begin (a) The commissioner may grant a permit to cross new text end
6.33new text begin state lands within wildlife management areas for temporary right-of-way access to federal, new text end
7.1new text begin county-managed, or privately owned lands for resource management purposes. A permit new text end
7.2new text begin for crossing state lands within wildlife management areas is revocable at any time subject new text end
7.3new text begin to conditions identified in the permit.new text end
7.4new text begin (b) The commissioner may grant a permit to a private landowner or leaseholder to new text end
7.5new text begin cross state lands within wildlife management areas by motorized vehicle for temporary new text end
7.6new text begin right-of-way access to a permit applicant's land, when it is the only reasonable access and new text end
7.7new text begin is consistent with the maintenance and management of wildlife lands.new text end
7.8 Sec. 17. Minnesota Statutes 2012, section 97A.311, subdivision 5, is amended to read:
7.9 Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not
7.10including any issuing fees paid under section
97A.485, subdivision 6, if the request is
7.11received within 90 days of the original license purchase and:
7.12 (1) the licensee dies before the opening of the licensed season. The original license
7.13and a copy of the death certificate must be provided to the commissioner;
7.14 (2) the licensee is unable to participate in the licensed activity because the licensee is
7.15called to active military duty or military leave is canceled during the entire open season of
7.16the licensed activity. The original license and a copy of the military orders or notice of
7.17cancellation of leave must be provided to the commissioner;
7.18 (3) the licensee purchased two licenses for the same license season in error; or
7.19(4) the licensee was not legally required to purchase the license to participate in
7.20the activitynew text begin ; ornew text end
7.21new text begin (5) evidence is provided to the commissioner that demonstrates the license was new text end
7.22new text begin issued incorrectly by the department or license agentnew text end .
7.23 (b) This subdivision does not apply to lifetime licenses.
7.24 Sec. 18. Minnesota Statutes 2012, section 97A.311, is amended by adding a
7.25subdivision to read:
7.26 new text begin Subd. 6.new text end new text begin License corrections.new text end new text begin The commissioner may correct a license or license new text end
7.27new text begin type and refund the difference or charge the difference of the corrected license fee if:new text end
7.28new text begin (1) the licensee provides evidence that the license was issued incorrectly by the new text end
7.29new text begin department or license agent;new text end
7.30new text begin (2) the request is made within 30 days of the original license purchase;new text end
7.31new text begin (3) the season or license activities for the original license have not yet started at the new text end
7.32new text begin time of the request; andnew text end
7.33new text begin (4) the licensee is entitled to the corrected license.new text end
8.1 Sec. 19. Minnesota Statutes 2012, section 97A.405, subdivision 2, is amended to read:
8.2 Subd. 2. Personal possession. (a) A person acting under a license or traveling from
8.3an area where a licensed activity was performed must have in personal possession either:
8.4(1) the proper license, if the license has been issued to and received by the person; or (2)
8.5the proper license identification number or stamp validation, if the license has been sold to
8.6the person by electronic means but the actual license has not been issued and received.
8.7 (b) If possession of a license or a license identification number is required, a person
8.8must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
8.9license if the license has been issued to and received by the person; or (2) the proper
8.10license identification number or stamp validation and a valid state driver's license, state
8.11identification card, or other form of identification provided by the commissioner, if the
8.12license has been sold to the person by electronic means but the actual license has not been
8.13issued and received. A person charged with violating the license possession requirement
8.14shall not be convicted if the person produces in court or the office of the arresting officer,
8.15the actual license previously issued to that person, which was valid at the time of arrest,
8.16or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
8.17request of a conservation officer or peace officer, a licensee shall write the licensee's name
8.18in the presence of the officer to determine the identity of the licensee.
8.19 (c) If the actual license has been issued and received, a receipt for license fees, a
8.20copy of a license, or evidence showing the issuance of a license, including the license
8.21identification number or stamp validation, does not entitle a licensee to exercise the rights
8.22or privileges conferred by a license.
8.23 (d) A license issued electronically and not immediately provided to the licensee shall
8.24be mailed to the licensee within 30 days of purchase of the license. A pictorial migratory
8.25waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to the licensee
8.26after purchase of a stamp validation only if the licensee pays an additional fee that covers
8.27the costs of producing and mailing a pictorial stamp. A pictorial turkey stamp may be
8.28purchased for a fee that covers the costs of producing and mailing the pictorial stamp.
8.29Notwithstanding section
16A.1283, the commissioner may, by written order published in
8.30the State Register, establish fees for providing the pictorial stamps. The fees must be set in
8.31an amount that does not recover significantly more or less than the cost of producing and
8.32mailing the stamps. The fees are not subject to the rulemaking provisions of chapter 14,
8.33and section
14.386 does not apply.
8.34 Sec. 20. Minnesota Statutes 2012, section 97A.405, subdivision 4a, is amended to read:
9.1 Subd. 4a. Replacement turkey licenses. (a) The commissioner may permit licensed
9.2turkey hunters to change permit areasnew text begin , licenses,new text end or time periods within the fall turkey
9.3season, or within the spring turkey season. The commissioner may issue a replacement
9.4turkey license if the applicant submits the original turkey license and unused tags that are
9.5being replaced, and the applicant pays the fee for a replacement license under section
9.697A.475, subdivision 44
.
9.7(b) A replacement turkey license may be issued only if the applicant has not used
9.8the tag from the original turkey license and meets the requirements of paragraph (c). The
9.9original turkey licenses and all unused tags for the turkey licenses being replaced must be
9.10submitted to the issuing agent at the time the replacement turkey license is issued.
9.11(c) A turkey replacement license may be issued under the following conditions, or as
9.12otherwise prescribed by rule of the commissioner:
9.13(1) when the permit area or time period for the turkey license being surrendered
9.14has not yet opened; and
9.15(2) licenses are available for the replacement turkey license permit area or time
9.16period for (i) areas that are not lottery areas, (ii) lottery areas that have remaining licenses,
9.17or (iii) the applicant is a youth hunter age 17 or younger.
9.18 Sec. 21. Minnesota Statutes 2012, section 97A.434, subdivision 1, is amended to read:
9.19 Subdivision 1. Number of licenses to be issued. If the commissioner establishes
9.20an open season for prairie chickens under section
, the commissioner shall also
9.21determine, by rule, the number of licenses to be issued.
9.22 Sec. 22. Minnesota Statutes 2012, section 97A.441, subdivision 1, is amended to read:
9.23 Subdivision 1. Angling and spearing; disabled residents. new text begin (a) A person authorized new text end
9.24new text begin to issue licenses must issue, without a fee, new text end licenses to take fish by angling or spearing shall
9.25be issued without a fee to a resident who is:
9.26(1) blind;
9.27(2) a recipient of supplemental security income for the aged, blind, and disabled;
9.28(3) a recipient of Social Security aid to the disabled under United States Code, title
9.2942, section 416, paragraph (i)(l) or section 423(d);
9.30(4) a recipient of workers' compensation based on a finding of total and permanent
9.31disability; or
9.32(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64new text begin ; ornew text end
10.1new text begin (6) permanently disabled and meets the disability requirements for supplemental new text end
10.2new text begin security income or Social Security aid to the disabled under United States Code, title 42, new text end
10.3new text begin section 416, paragraph (i)(l) or section 423(d)new text end .
10.4new text begin (b) A driver's license or Minnesota identification card bearing the applicable new text end
10.5new text begin designation under section 171.07, subdivision 17, serves as satisfactory evidence to obtain new text end
10.6new text begin a license under this subdivision at all agent locations.new text end
10.7 Sec. 23. Minnesota Statutes 2012, section 97A.441, subdivision 5, is amended to read:
10.8 Subd. 5. Angling; disabled veterans. new text begin (a) new text end A person authorized to issue licenses
10.9must issue, without a fee, a permanent license to take fish by angling to a resident who
10.10is a veteran, as defined in section
197.447, and that has a 100 percent service connected
10.11disability as defined by the United States Veterans Administration upon being furnished
10.12satisfactory evidence.
10.13new text begin (b) A driver's license or Minnesota identification card bearing the designation under new text end
10.14new text begin section 171.07, subdivision 15, paragraph (a), clause (2), serves as satisfactory evidence to new text end
10.15new text begin obtain a license under this subdivision at all agent locations.new text end
10.16 Sec. 24. Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6, is
10.17amended to read:
10.18 Subd. 6. Taking deer; disabled veterans. new text begin (a) new text end A person authorized to issue
10.19licenses must issue, without a fee, a license to take deer with firearms or by archery to a
10.20resident that is a veteran, as defined in section
197.447, and that has a 100 percent service
10.21connected disability as defined by the United States Veterans Administration upon being
10.22furnished satisfactory evidence.
10.23new text begin (b)new text end The commissioner, upon request, must issue a permanent card documenting
10.24satisfactory evidence of 100 percent permanently disabled status.
10.25new text begin (c)new text end The card servesnew text begin following servenew text end as satisfactory evidence to obtain a license
10.26under this subdivision at all agent locationsnew text begin :new text end
10.27new text begin (1) a card issued under paragraph (b); ornew text end
10.28new text begin (2) a driver's license or Minnesota identification card bearing the designation under new text end
10.29new text begin section 171.07, subdivision 15, paragraph (a), clause (2)new text end .
10.30 Sec. 25. Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6a,
10.31is amended to read:
10.32 Subd. 6a. Taking small game; disabled veterans. new text begin (a) new text end A person authorized to
10.33issue licenses must issue, without a fee, a license to take small game to a resident who is
11.1a veteran, as defined in section
197.447, and who has a 100 percent service connected
11.2disability as defined by the United States Veterans Administration upon being furnished
11.3satisfactory evidence.
11.4new text begin (b)new text end The commissioner, upon request, must issue a permanent card documenting
11.5satisfactory evidence of 100 percent permanently disabled status.
11.6new text begin (c)new text end The card servesnew text begin following servenew text end as satisfactory evidence to obtain a license
11.7under this subdivision at all agent locationsnew text begin :new text end
11.8new text begin (1) a card issued under paragraph (b); ornew text end
11.9new text begin (2) a driver's license or Minnesota identification card bearing the designation under new text end
11.10new text begin section 171.07, subdivision 15, paragraph (a), clause (2)new text end .
11.11 Sec. 26. Minnesota Statutes 2012, section 97A.473, subdivision 2a, is amended to read:
11.12 Subd. 2a. Lifetime spearing license; fee. (a) A resident lifetime spearing license
11.13authorizes a person to take fish by spearing in the state. The license authorizes those
11.14activities authorized by the annual resident spearing license.
11.15 (b) The fees for a resident lifetime spearing license are:
11.16 (1) age 3 and under, $258new text begin $77new text end ;
11.17 (2) age 4 to age 15, $320new text begin $106new text end ;
11.18 (3) age 16 to age 50, $372new text begin $100new text end ; and
11.19 (4) age 51 and over, $173new text begin $52new text end .
11.20 Sec. 27. Minnesota Statutes 2012, section 97A.473, subdivision 2b, is amended to read:
11.21 Subd. 2b. Lifetime angling and spearing license; fee. (a) A resident lifetime
11.22angling and spearing license authorizes a person to take fish by angling or spearing in the
11.23state. The license authorizes those activities authorized by the annual resident angling
11.24and spearing licenses.
11.25 (b) The fees for a resident lifetime angling and spearing license are:
11.26 (1) age 3 and under, $380;
11.27 (2) age 4 to age 15, $509;
11.28 (3) age 16 to age 50, $617new text begin $596new text end ; and
11.29 (4) age 51 and over, $386.
11.30 Sec. 28. Minnesota Statutes 2012, section 97A.473, subdivision 5, is amended to read:
11.31 Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license
11.32authorizes a person to take fish by angling and hunt and trap small game, other than
11.33wolves, in the state. The license authorizes those activities authorized by the annual
12.1resident angling and resident small game hunting licenses and the resident trapping license
12.2for fur-bearing animals other than wolves. The license does not include a trout and salmon
12.3stamp validation, a turkey stamp validation, a walleye stamp validation, or any other
12.4hunting stamps required by law.
12.5 (b) The fees for a resident lifetime sporting license are:
12.6 (1) age 3 and under, $528new text begin $485new text end ;
12.7 (2) age 4 to age 15, $728new text begin $659new text end ;
12.8 (3) age 16 to age 50, $861; and
12.9 (4) age 51 and over, $602new text begin $560new text end .
12.10 Sec. 29. Minnesota Statutes 2012, section 97A.473, subdivision 5a, is amended to read:
12.11 Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident
12.12lifetime sporting with spearing option license authorizes a person to take fish by angling
12.13or spearing and hunt and trap small game, other than wolves, in the state. The license
12.14authorizes those activities authorized by the annual resident angling, spearing, and resident
12.15small game hunting licenses and the resident trapping license for fur-bearing animals other
12.16than wolves. The license does not include a trout and salmon stamp validation, a turkey
12.17stamp validation, a walleye stamp validation, or any other hunting stamps required by law.
12.18(b) The fees for a resident lifetime sporting with spearing option license are:
12.19(1) age 3 and under, $615new text begin $562new text end ;
12.20(2) age 4 to age 15, $800new text begin $765new text end ;
12.21(3) age 16 to age 50, $985new text begin $961new text end ; and
12.22(4) age 51 and over, $586new text begin $612new text end .
12.23 Sec. 30. Minnesota Statutes 2013 Supplement, section 97A.475, subdivision 2, is
12.24amended to read:
12.25 Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
12.26only, are:
12.27 (1) for persons age 18 or over and under age 65 to take small game, $15.50;
12.28 (2) for persons age 65 or over, $7 to take small game;
12.29 (3) for persons age 18 or over to take turkey, $26;
12.30 (4) for persons age 13 or over and under age 18 to take turkey, $5;
12.31 (5) for persons age 18 or over to take deer with firearms during the regular firearms
12.32season, $30;
12.33 (6) for persons age 18 or over to take deer by archery, $30;
13.1 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
13.2season, $30;
13.3 (8) to take moose, for a party of not more than six persons, $356;
13.4 (9) new text begin for persons age 18 or over new text end to take bear, $44;
13.5 (10) to take elk, for a party of not more than two persons, $287;
13.6 (11) to take Canada geese during a special season, $4;
13.7 (12) to take prairie chickens, $23;
13.8 (13) for persons age 13 or over and under age 18 to take deer with firearms during
13.9the regular firearms season, $5;
13.10 (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
13.11 (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
13.12during the muzzleloader season, $5;
13.13new text begin (16) for persons age 10, 11, or 12 to take bear, no fee;new text end
13.14new text begin (17) for persons age 13 or over and under age 18 to take bear, $5;new text end
13.15(16)new text begin (18)new text end for persons age 18 or over to take small game for a consecutive 72-hour
13.16period selected by the licensee, $19, of which an amount equal to: one-half of the fee for
13.17the migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
13.18waterfowl habitat improvement account under section
97A.075, subdivision 2; one-half
13.19of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
13.20the pheasant habitat improvement account under section
97A.075, subdivision 4; and
13.21one-half of the small game surcharge under subdivision 4, shall be deposited in the
13.22wildlife acquisition account;
13.23(17)new text begin (19)new text end for persons age 16 or over and under age 18 to take small game, $5;
13.24(18) new text begin (20) new text end to take wolf, $30;
13.25(19) new text begin (21) new text end for persons age 12 and under to take turkey, no fee;
13.26(20) new text begin (22) new text end for persons age 10, 11, or 12 to take deer by firearm, no fee;
13.27(21) new text begin (23) new text end for persons age 10, 11, or 12 to take deer by archery, no fee; and
13.28(22) new text begin (24) new text end for persons age 10, 11, or 12 to take deer by muzzleloader during the
13.29muzzleloader season, no fee.
13.30 Sec. 31. Minnesota Statutes 2013 Supplement, section 97A.475, subdivision 3, is
13.31amended to read:
13.32 Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
13.33to nonresidents, are:
13.34 (1) for persons age 18 or over to take small game, $90.50;
14.1 (2) for persons age 18 or over to take deer with firearms during the regular firearms
14.2season, $160;
14.3 (3) for persons age 18 or over to take deer by archery, $160;
14.4 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
14.5season, $160;
14.6 (5) new text begin for persons age 18 or over new text end to take bear, $225;
14.7 (6) for persons age 18 or over to take turkey, $91;
14.8 (7) for persons age 13 or over and under age 18 to take turkey, $5;
14.9 (8) to take raccoon or bobcat, $178;
14.10 (9) to take Canada geese during a special season, $4;
14.11 (10) for persons age 13 or over and under age 18 to take deer with firearms during
14.12the regular firearms season in any open season option or time period, $5;
14.13 (11) for persons age 13 or over and under age 18 to take deer by archery, $5;
14.14 (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
14.15season, $5;
14.16(13) new text begin for persons age 13 or over and under 18 to take bear, $5;new text end
14.17new text begin (14) new text end for persons age 18 or over to take small game for a consecutive 72-hour period
14.18selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
14.19migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
14.20waterfowl habitat improvement account under section
97A.075, subdivision 2; one-half
14.21of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
14.22the pheasant habitat improvement account under section
97A.075, subdivision 4; and
14.23one-half of the small game surcharge under subdivision 4, shall be deposited into the
14.24wildlife acquisition account;
14.25(14)new text begin (15)new text end for persons age 16 or 17 to take small game, $5;
14.26(15)new text begin (16)new text end to take wolf, $250;
14.27(16)new text begin (17)new text end for persons age 12 and under to take turkey, no fee;
14.28(17)new text begin (18)new text end for persons age ten, 11, or 12 to take deer by firearm, no fee;
14.29(18)new text begin (19)new text end for persons age ten, 11, or 12 to take deer by archery, no fee; and
14.30(19)new text begin (20)new text end for persons age ten, 11, or 12 to take deer by muzzleloader during the
14.31muzzleloader season, no feenew text begin ; andnew text end
14.32new text begin (21) for person age 10, 11, or 12 to take bear, no feenew text end .
14.33 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
14.34paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed
14.35on this surcharge.
15.1 Sec. 32. Minnesota Statutes 2013 Supplement, section 97A.485, subdivision 6, is
15.2amended to read:
15.3 Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell
15.4licenses under this section must issue the following licenses for the license fee and the
15.5following issuing fees:
15.6 (1) to take deer or bear with firearms and by archery, the issuing fee is $1;
15.7 (2) Minnesota sporting, the issuing fee is $1;
15.8 (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
15.9animals, the issuing fee is $1;
15.10(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
15.11requires a license purchase at the time of application and the license purchase requires
15.12an application fee;
15.13(5) for a prairie chicken license, the issuing fee is $1;
15.14(6) for a turkey license, the issuing fee is $1;
15.15(7) for an elk license, the issuing fee is $1;
15.16(8) for a moose license, the issuing fee is $1;
15.17(9) for a wolf license, the issuing fee is $1;
15.18 (10) for a stamp validation that is not issued simultaneously with a license, an
15.19issuing fee of 50 cents may be charged at the discretion of the authorized seller;
15.20 (11) for stamp validations issued simultaneously with a license, there is no fee;
15.21 (12) for licenses, seals, tags, or coupons issued without a fee under section
97A.441new text begin , new text end
15.22new text begin subdivisions 1 to 6a,new text end
or
97A.465, the issuingnew text begin there is nonew text end fee is $1;
15.23 (13) for lifetime licenses, there is no fee; and
15.24 (14) for all other licenses, permits, renewals, or applications or any other transaction
15.25through the electronic licensing system under this chapter or any other chapter when
15.26an issuing fee is not specified, an issuing fee of $1 may be charged at the discretion of
15.27the authorized seller.
15.28 (b) Only one issuing fee may be collected when selling more than one stamp in the
15.29same transaction after the end of the season for which the stamp was issued.
15.30 (c) The agent shall keep the issuing fee as a commission for selling the licenses.
15.31 (d) The commissioner shall collect the issuing fee on licenses sold by the
15.32commissioner.
15.33 (e) A license, except stamps, must state the amount of the issuing fee and that the
15.34issuing fee is kept by the seller as a commission for selling the licenses.
15.35 (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
15.36 (1) for licenses to take big game, 75 cents; and
16.1 (2) for other licenses, 50 cents.
16.2 (g) The commissioner may issue one-day angling licenses in books of ten licenses
16.3each to fishing guides operating charter boats upon receipt of payment of all license
16.4fees, excluding the issuing fee required under this section. Copies of sold and unsold
16.5licenses shall be returned to the commissioner. The commissioner shall refund the charter
16.6boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
16.7maintained by the commissioner for one year.
16.8 Sec. 33. Minnesota Statutes 2012, section 97A.502, is amended to read:
16.997A.502 DEER KILLED BY MOTOR VEHICLES.
16.10(a) Deer killed by a motor vehicle on a public road must be removed by the road
16.11authority, as defined by section
160.02, subdivision 25, unless the driver of the motor
16.12vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural
16.13resources must provide to all road authorities standard forms for statistical purposes and
16.14the tracking of wild animals.
16.15(b) The driver of a motor vehicle that has collided with and killed a deer on a public
16.16road has priority for a possession permit for the entire deer if the facts indicate that the
16.17deer was not taken illegally.
16.18 Sec. 34. Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:
16.19 Subd. 3. Remaining on land prohibited after notice. Except as provided in
16.20subdivision 6, a person may not remain on new text begin or return within one year to new text end any land for
16.21outdoor recreation purposes after being orally toldnew text begin personally notifiednew text end not to do so by
16.22the owner, occupant, or lessee.
16.23 Sec. 35. Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:
16.24 Subd. 4. Entering posted land prohibited; signs. (a) Except as provided in
16.25subdivision 6, a person may notnew text begin :new text end
16.26new text begin (1)new text end enter, for outdoor recreation purposes, any land that is posted under this
16.27subdivision without first obtaining permission of the owner, occupant, or lessee.new text begin ; ornew text end
16.28new text begin (2) knowingly enter, for outdoor recreation purposes, any land that is posted under new text end
16.29new text begin this subdivision without first obtaining permission of the owner, occupant, or lessee. A new text end
16.30new text begin person who violates this clause is subject to the penalty provided in section 97A.315, new text end
16.31new text begin subdivision 1, paragraph (b).new text end
16.32(b) The owner, occupant, or lessee of private land, or an authorized manager of public
16.33land may prohibit outdoor recreation on the land by posting signs once each year that:
17.1(1) state "no trespassing" or similar terms;
17.2(2) display letters at least two inches high;
17.3(3) either:
17.4(i) are signed by the owner, occupant, lessee, or authorized manager; or
17.5(ii) include the legible name and telephone number of the owner, occupant, lessee,
17.6or authorized manager; and
17.7(4) either:
17.8(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded
17.9area where boundary lines are not clear, at intervals of 500 feet or less; or
17.10(ii) mark the primary corners of each parcel of land and access roads and trails at
17.11the point of entrance to each parcel of land except that corners only accessible through
17.12agricultural land need not be posted.
17.13(c) A person may not erect a sign that prohibits outdoor recreation or trespassing
17.14where the person does not have a property right, title, or interest to use the land.
17.15 Sec. 36. Minnesota Statutes 2012, section 97B.001, subdivision 7, is amended to read:
17.16 Subd. 7. Use of firearms and taking in certain areas. (a) A new text begin Unless otherwise new text end
17.17new text begin provided by law, a new text end person may not take a wild animal withnew text begin dischargenew text end a firearm within 500
17.18feet of a building occupied by a human or livestock without the written permission of
17.19the owner, occupant, or lessee:
17.20(1) on another person's private land, if the land is not a licensed shooting preserve; or
17.21(2) on a public new text begin road new text end right-of-way.
17.22(b) No person may shootnew text begin dischargenew text end a firearm within 500 feet of a stockade or corral
17.23containingnew text begin confiningnew text end livestock new text begin for the purpose of normal livestock holding and sorting new text end
17.24new text begin operations new text end without the permission of the owner, occupant, or lessee. new text begin This paragraph new text end
17.25new text begin does not apply to persons hunting during an established hunting season on state-owned new text end
17.26new text begin or local government-owned land that is not a road right-of-way. new text end For the purposes of this
17.27paragraph, a "stockade or corral" means a fenced enclosure for containingnew text begin confiningnew text end
17.28 livestock that does not enclose an area greater than one acre.
17.29(c) A person may not take a wild animal on any land where the person is prohibited
17.30from entering by this section.
17.31 Sec. 37. Minnesota Statutes 2012, section 97B.031, subdivision 5, is amended to read:
17.32 Subd. 5. Scopes; visually impaired hunters. (a) Notwithstanding any other law
17.33to the contrary, the commissioner may issue a special permit, without a fee, to use a
17.34muzzleloader with a scope to take deer during the muzzleloader season to a person who
18.1obtains the required licenses and who has a visual impairment. The scope may not have
18.2magnification capabilities.
18.3(b) The visual impairment must be to the extent that the applicant is unable
18.4to identify targets and the rifle sights at the same time without a scope. The visual
18.5impairment and specific conditions must be established by medical evidence verified in
18.6writing by (1) a licensed physician or a certified nurse practitioner or certified physician
18.7assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist;
18.8or (3) a licensed optometrist. The commissioner may request additional information from
18.9the physician if needed to verify the applicant's eligibility for the permit.
18.10(c) A permit issued under this subdivision may be valid for up to five years, based
18.11on the permanence of the visual impairment as determined by the licensed physician,
18.12ophthalmologist, or optometrist.
18.13(d) The permit must be in the immediate possession of the permittee when hunting
18.14under the special permit.
18.15(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
18.16this subdivision for cause, including a violation of the game and fish laws or rules.
18.17(f) A person who knowingly makes a false application or assists another in making
18.18a false application for a permit under this subdivision is guilty of a misdemeanor. A
18.19physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
18.20optometrist who fraudulently certifies to the commissioner that a person is visually
18.21impaired as described in this subdivision is guilty of a misdemeanor.
18.22new text begin (g) A permit is not required under this subdivision to use an electronic range finder new text end
18.23new text begin according to section 97B.081, subdivision 3, paragraph (c).new text end
18.24 Sec. 38. new text begin [97B.037] CROSSBOW HUNTING; AGE 60 OR OVER.new text end
18.25new text begin Notwithstanding section 97B.035, subdivisions 1 and 2, a person age 60 or over may new text end
18.26new text begin take deer, bear, turkey, or rough fish by crossbow during the respective regular archery new text end
18.27new text begin seasons. The transportation requirements of section 97B.051 apply to crossbows during new text end
18.28new text begin the regular archery deer, bear, turkey, or rough fish season. Crossbows must meet the new text end
18.29new text begin requirements of section 97B.106, subdivision 2. A person age 60 or over taking deer, new text end
18.30new text begin bear, turkey, or rough fish by crossbow under this section must have a valid license to new text end
18.31new text begin take the respective game.new text end
18.32 Sec. 39. Minnesota Statutes 2012, section 97B.081, subdivision 3, is amended to read:
18.33 Subd. 3. Exceptions. (a) It is not a violation of this section for a person to:
19.1(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
19.2according to section
97B.621, subdivision 3, or tend traps according to section
97B.931;
19.3(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial
19.4light, provided that the person is:
19.5(i) on foot;
19.6(ii) using a shotgun;
19.7(iii) not within a public road right-of-way;
19.8(iv) using a handheld or electronic calling device; and
19.9(v) not within 200 feet of a motor vehicle; or
19.10(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
19.11animals, provided that the person is:
19.12(i) on foot; and
19.13(ii) not in possession of a firearm or bow.
19.14(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
19.15headlight, or other artificial light to:
19.16(1) carry out any agricultural, safety, emergency response, normal vehicle operation,
19.17or occupation-related activities that do not involve taking wild animals; or
19.18(2) carry out outdoor recreation as defined in section
97B.001 that is not related to
19.19spotting, locating, or taking a wild animal.
19.20new text begin (c) Except as otherwise provided by the game and fish laws, it is not a violation of new text end
19.21new text begin this section for a person to use an electronic range finder device from one-half hour before new text end
19.22new text begin sunrise until sunset while lawfully hunting wild animals.new text end
19.23 Sec. 40. Minnesota Statutes 2012, section 97B.086, is amended to read:
19.2497B.086 POSSESSION OF NIGHT VISION new text begin OR THERMAL IMAGING new text end
19.25EQUIPMENT.
19.26 (a) A person may not possess night vision new text begin or thermal imaging new text end equipment while
19.27taking wild animals or while having in possession, either individually or as one of a group
19.28of persons, a firearm, bow, or other implement that could be used to take wild animals.
19.29 (b) This section does not apply to a firearm that is:
19.30 (1) unloaded;
19.31 (2) in a gun case expressly made to contain a firearm that fully encloses the firearm
19.32by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
19.33the firearm exposed; and
19.34 (3) in the closed trunk of a motor vehicle.
19.35 (c) This section does not apply to a bow that is:
20.1 (1) completely encased or unstrung; and
20.2 (2) in the closed trunk of a motor vehicle.
20.3 (d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
20.4or bow must be placed in the rearmost location of the vehicle.
20.5 (e) This section does not apply to night vision new text begin or thermal imaging new text end equipment
20.6possessed by peace officers or military personnel while exercising their duties.
20.7 Sec. 41. Minnesota Statutes 2012, section 97B.095, is amended to read:
20.897B.095 DISTURBING new text begin AND TAKING FROM new text end BURROWS AND DENS.
20.9 new text begin Subdivision 1.new text end new text begin Disturbing burrows or dens.new text end A person may not disturb the burrow
20.10or den of a wild animal between November 1 and April 1 without a permit.
20.11 new text begin Subd. 2.new text end new text begin Fox dens.new text end new text begin A person may not remove a fox from a den or trap fox within new text end
20.12new text begin 300 feet of a fox den from April 1 to August 31.new text end
20.13 new text begin Subd. 3.new text end new text begin Raccoon dens.new text end new text begin A person may not take a raccoon in a den or hollow tree.new text end
20.14 Sec. 42. new text begin [97B.099] PROHIBITED HUNTING METHODS.new text end
20.15 new text begin Subdivision 1.new text end new text begin Open fire or smoke.new text end new text begin A person may not take a protected wild animal new text end
20.16new text begin with the aid of an open fire or smoke.new text end
20.17 new text begin Subd. 2.new text end new text begin Cutting trees.new text end new text begin A person may not take a protected wild animal by cutting new text end
20.18new text begin down a tree occupied by a protected wild animal.new text end
20.19 Sec. 43. Minnesota Statutes 2012, section 97B.111, subdivision 1, is amended to read:
20.20 Subdivision 1. Establishment; requirements. new text begin (a) new text end The commissioner may establish
20.21criteria, special seasons, and limits for persons who have a physical disability to take big
20.22game and small game with firearms and by archery in designated areas. A person hunting
20.23under this section who has a physical disability mustnew text begin :new text end
20.24new text begin (1)new text end havenew text begin :new text end
20.25new text begin (i) new text end a verified statement of the disability by a licensed physiciannew text begin ; or new text end
20.26new text begin (ii) a driver's license or Minnesota identification card bearing the applicable new text end
20.27new text begin designation under section 171.07, subdivision 17;new text end and must
20.28new text begin (2)new text end be participating in a program for physically disabled hunters sponsored by a
20.29nonprofit organization that is permitted under subdivision 2.
20.30new text begin (b)new text end Notwithstanding section
97B.055, subdivision 3, the commissioner may
20.31authorize hunt participants to shoot from a stationary motor vehicle. A license is not
20.32required for a person to assist a physically disabled person new text begin with a physical disability who new text end
20.33new text begin is new text end hunting during a special season under this section.
21.1 Sec. 44. Minnesota Statutes 2012, section 97B.516, is amended to read:
21.297B.516 ELK MANAGEMENT PLAN.
21.3The commissioner of natural resources must adopt an elk management plan that:
21.4(1) recognizes the value and uniqueness of elk;
21.5(2) provides for integrated management of an elk population in harmony with the
21.6environment;new text begin andnew text end
21.7(3) affords optimum recreational opportunities; andnew text begin .new text end
21.8(4) restricts elk to nonagricultural land in the state.
21.9 Sec. 45. Minnesota Statutes 2012, section 97B.605, is amended to read:
21.1097B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
21.11 SMALL GAME ANIMALS.
21.12The commissioner may new text begin by rule set open seasons for, new text end prescribe new text begin limits and new text end restrictions
21.13onnew text begin ,new text end and designate areas where gray and fox squirrels, cottontail and jack rabbits, snowshoe
21.14hare, raccoon, bobcat, red fox and gray fox, fisher, pine marten, opossum, wolves, and
21.15badgernew text begin small game as defined in section 97A.015new text end may be taken and possessed.
21.16 Sec. 46. Minnesota Statutes 2012, section 97B.646, is amended to read:
21.1797B.646 WOLF MANAGEMENT PLAN.
21.18new text begin (a) new text end The commissioner, in consultation with the commissioner of agriculture, shall
21.19adopt a wolf management plan that includes goals to ensure the long-term survival of
21.20the wolf in Minnesota, to reduce conflicts between wolves and humans, to minimize
21.21depredation of livestock and domestic pets, and to manage the ecological impact of wolves
21.22on prey species and other predators.
21.23new text begin (b) The commissioner shall compile a list that is updated quarterly on known wolf new text end
21.24new text begin deaths, based on reporting by conservation officers. The list must specify the date and new text end
21.25new text begin location of each wolf death and must be available on the department Web site.new text end
21.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
21.27 Sec. 47. Minnesota Statutes 2012, section 97B.655, subdivision 1, is amended to read:
21.28 Subdivision 1. Owners and occupants may take certain animals. A person may
21.29take mink, squirrel, rabbit, hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on
21.30land owned or occupied by the person where the animal is causing damage. The person
21.31may take the animal without a license and in any manner except by poison, or artificial
21.32lights in the closed season. Raccoons may be taken under this subdivision with artificial
22.1lights during open season. A person that kills mink, raccoon, bobcat, fox, opossum,
22.2muskrat, or beaver under this subdivision must notify a conservation officer or employee
22.3of the new text begin Fish and new text end Wildlife Division within 24 hours after the animal is killed.
22.4 Sec. 48. Minnesota Statutes 2012, section 97B.667, subdivision 3, is amended to read:
22.5 Subd. 3. Permits and notice; requirements. (a) Before killing or arranging to kill
22.6a beaver under this section, the road authority or local government unit must contact a
22.7conservation officer for a special beaver permit. The conservation officer must issue the
22.8permit for any beaver subject to this section.
22.9(b) A road authority or local government unit that kills or arranges to have killed a
22.10beaver under this section must notify a conservation officer or employee of the new text begin Fish and new text end
22.11Wildlife Division within ten days after the animal is killed.
22.12 Sec. 49. Minnesota Statutes 2012, section 97B.667, subdivision 4, is amended to read:
22.13 Subd. 4. Local beaver control programs. A road authority or local government
22.14unit may, after consultation with the new text begin Fish and new text end Wildlife Division, implement a local beaver
22.15control program designed to reduce the number of incidents of beaver:
22.16(1) interfering with or damaging a public road; or
22.17(2) causing damage, including damage to silvicultural projects and drainage ditches,
22.18on property owned or managed by the local government unit.
22.19The local control program may include the offering of a bounty for the lawful taking
22.20of beaver.
22.21 Sec. 50. new text begin [97B.668] CANADA GEESE CAUSING DAMAGE.new text end
22.22new text begin Notwithstanding sections 97B.091 and 97B.805, subdivisions 1 and 2, a person or new text end
22.23new text begin agent of that person on lands and nonpublic waters owned or operated by the person may new text end
22.24new text begin nonlethally scare, haze, chase, or harass Canada geese that are causing property damage new text end
22.25new text begin from March 11 to August 31. This section does not apply to public waters as defined new text end
22.26new text begin under section 103G.005, subdivision 15, or geese on nests unless a permit is obtained new text end
22.27new text begin under section 97A.401.new text end
22.28 Sec. 51. Minnesota Statutes 2012, section 97B.731, subdivision 1, is amended to read:
22.29 Subdivision 1. Migratory game birds. (a) Migratory game birds may be taken and
22.30possessed. A person may not take, buy, sell, possess, transport, or ship migratory game
22.31birds in violation of federal law.
23.1(b) The commissioner shall prescribe seasons andnew text begin ,new text end limitsnew text begin , and areasnew text end for migratory
23.2birds in accordance with federal law.
23.3 Sec. 52. new text begin [97C.502] MINNOWS AND LEECHES; INVASIVE SPECIES new text end
23.4new text begin TRAINING REQUIRED.new text end
23.5 new text begin Subdivision 1.new text end new text begin Minnows; invasive species training required.new text end new text begin A minnow dealer, new text end
23.6new text begin and each person working under the minnow dealer's license, must annually satisfactorily new text end
23.7new text begin complete aquatic invasive species-related training provided by the commissioner before new text end
23.8new text begin taking, selling, or transporting for sale minnows within the state.new text end
23.9 new text begin Subd. 2.new text end new text begin Training certification required.new text end new text begin Minnow dealers, and each person new text end
23.10new text begin working under the minnow dealer's license, must have a valid invasive species training new text end
23.11new text begin certification in possession while taking, selling, or transporting for sale minnows within new text end
23.12new text begin the state. A person who only sells minnows for the licensed minnow dealer at a retail new text end
23.13new text begin location is not required to have a training certification.new text end
23.14 new text begin Subd. 3.new text end new text begin Leeches; invasive species training required.new text end new text begin A resident under age 18 new text end
23.15new text begin must annually satisfactorily complete aquatic invasive species-related training provided new text end
23.16new text begin by the commissioner before taking, selling, or transporting for sale leeches within the new text end
23.17new text begin state. A resident under age 18 must have a valid invasive species training certification in new text end
23.18new text begin possession while taking, selling, or transporting for sale leeches within the state.new text end
23.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective March 1, 2015.new text end
23.20 Sec. 53. Minnesota Statutes 2012, section 97C.821, is amended to read:
23.2197C.821 POSSESSION, SALE, AND TRANSPORTATION OF
23.22COMMERCIAL FISH.
23.23 new text begin Subdivision 1.new text end new text begin Transporting and holding commercial fish.new text end Subject to the
23.24applicable provisions of the game and fish laws, fish taken under commercial fishing
23.25licenses may be possessed in any quantity, bought, sold, and transported at any time.
23.26Commercial fishing licensees may transport their catch live to holding facilities, if the
23.27licensee has exclusive control of the facilities.new text begin Licensees must annually provide the legal new text end
23.28new text begin description and verification of exclusive control on forms provided by the commissioner new text end
23.29new text begin with the license application.new text end Commercial fishing licensees may harvest fish from their
23.30holding facilities at any time with their licensed gear. The commissioner may prohibit the
23.31transport of live fish taken under a commercial fishing license from waters that contain
23.32nonnative species, are designated as infested waters, or are infected with any certifiable
23.33disease.
24.1 new text begin Subd. 2.new text end new text begin Invasive species permit certification.new text end new text begin (a) A commercial fishing licensee, new text end
24.2new text begin and each apprentice working under the licensee's commercial fishing license, must new text end
24.3new text begin annually complete invasive species training provided by the commissioner and pass an new text end
24.4new text begin examination to qualify to take, sell, or transport commercial fish within the state.new text end
24.5new text begin (b) A commercial fishing licensee, and each apprentice working under the licensee's new text end
24.6new text begin commercial fishing license, must have a valid invasive species training certification in new text end
24.7new text begin possession while taking, selling, or transporting commercial fish within the state.new text end
24.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective March 1, 2015.new text end
24.9 Sec. 54. Minnesota Statutes 2012, section 171.07, subdivision 15, is amended to read:
24.10 Subd. 15. Veteran designation. (a) At the request of thenew text begin an eligiblenew text end applicant
24.11and on payment of the required fee, the department shall issue, renew, or reissuenew text begin to the new text end
24.12new text begin applicantnew text end a driver's license or Minnesota identification card bearing thenew text begin anew text end designationnew text begin of:new text end
24.13new text begin (1)new text end "Veteran" to an applicant who is a veteran, as defined in section
.new text begin ; ornew text end
24.14new text begin (2) "Veteran 100% T&P."new text end
24.15(b) At the time of the initial application for the designation provided under this
24.16subdivision, the applicant mustnew text begin :new text end
24.17new text begin (1) be a veteran, as defined in section 197.447;new text end
24.18new text begin (2)new text end have a certified copy of the veteran's discharge papersnew text begin ; andnew text end
24.19new text begin (3) if the applicant is seeking the disability designation under paragraph (a), clause new text end
24.20new text begin (2), provide satisfactory evidence of a 100 percent total and permanent service-connected new text end
24.21new text begin disability as determined by the United States Department of Veterans Affairsnew text end .
24.22(c) The commissioner of public safety is required to issue drivers' licenses and
24.23Minnesota identification cards with the veteran designation only after entering a new
24.24contract or in coordination with producing a new card design with modifications made
24.25as required by law.
24.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment and new text end
24.27new text begin applies to applications submitted on or after January 1, 2016, or the date the new driver and new text end
24.28new text begin vehicle services information technology system is implemented, whichever comes later.new text end
24.29 Sec. 55. Minnesota Statutes 2012, section 171.07, is amended by adding a subdivision
24.30to read:
24.31 new text begin Subd. 17.new text end new text begin Disability designation.new text end new text begin At the request of an applicant with permanent new text end
24.32new text begin eligibility for a disability designation and on payment of the required fee, the department new text end
25.1new text begin shall issue, renew, or reissue to the applicant a driver's license or Minnesota identification new text end
25.2new text begin card bearing a physical disability designation based on the following medical conditions:new text end
25.3new text begin (1) type 1, to an applicant who is permanently blind or disabled and meets the new text end
25.4new text begin requirements for a free license to take fish under section 97A.441, subdivision 1, paragraph new text end
25.5new text begin (a), clauses (1), (4), (5), or (6); ornew text end
25.6new text begin (2) type 2, to an applicant who permanently meets the requirements for disability new text end
25.7new text begin under section 97B.111, subdivision 1, paragraph (a), clause (1), item (i).new text end
25.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment and new text end
25.9new text begin applies to applications submitted on or after January 1, 2016, or the date the new driver and new text end
25.10new text begin vehicle services information technology system is implemented, whichever comes later.new text end
25.11 Sec. 56. Minnesota Statutes 2012, section 349.173, is amended to read:
25.12349.173 CONDUCT OF RAFFLES.
25.13(a) Raffle tickets or certificates of participation at a minimum must list the three
25.14most expensive prizes to be awarded and include the location, date, and time of the
25.15selection of the winning entries. If additional prizes will be awarded, a complete list of
25.16additional prizes must be publicly posted at the event and copies of the complete prize list
25.17made available upon request. Raffles conducted under the exemptions in section
349.166
25.18may use tickets that contain only the sequential number of the raffle ticket and no other
25.19information if the organization makes a list of prizes and a statement of other relevant
25.20information required by rule available to persons purchasing tickets and if tickets are only
25.21sold at the event and on the date when the tickets are drawn.
25.22(b) Raffles must be conducted in a manner that ensures:
25.23(1) all entries in the raffle have an equal chance of selection;
25.24(2) entry in the raffle is not conditioned upon any other purchase, except that a
25.25certificate of participation may be a button with a nominal value of less than $5;
25.26(3) the method of selection is conducted in a public forum;
25.27(4) the method of selection cannot be manipulated or based on the outcome of an
25.28event not under the control of the organization;
25.29(5) physical presence at the raffle is not a requirement to win; and
25.30(6) all sold and unsold tickets or certificates of participation are accounted for.
25.31new text begin (c) An organization that is permitted under this section and authorized by the new text end
25.32new text begin Gambling Control Board to conduct raffles, may conduct a raffle in conjunction with a wild new text end
25.33new text begin game or fish taking event. The wild game or fish must be legally taken under chapters 97A new text end
25.34new text begin to 97C, and rules adopted pursuant to those chapters. The organization may sell a combined new text end
26.1new text begin ticket for a single price for the event and raffle, provided that the combined ticket states new text end
26.2new text begin the amount of the price that applies to the wild game or fish event, and the amount that new text end
26.3new text begin applies to the raffle. All other provisions of sections 349.11 to 349.23 apply to the raffle.new text end
26.4(c)new text begin (d)new text end Methods of selecting winning entries from a raffle other than prescribed in
26.5rule may be used with the prior written approval of the board.
26.6 Sec. 57. Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended by
26.7Laws 2009, chapter 37, article 1, section 61, is amended to read:
26.8
Subd. 7.Fish and Wildlife Management
123,000
119,000
26.9
Appropriations by Fund
26.10
General
-0-
(427,000)
26.11
Game and Fish
123,000
546,000
26.12$329,000 in 2009 is a reduction for fish and
26.13wildlife management.
26.14$46,000 in 2009 is a reduction in the
26.15appropriation for the Minnesota Shooting
26.16Sports Education Center.
26.17$52,000 in 2009 is a reduction for licensing.
26.18$123,000 in 2008 and $246,000 in 2009 are
26.19from the game and fish fund to implement
26.20fish virus surveillance, prepare infrastructure
26.21to handle possible outbreaks, and implement
26.22control procedures for highest risk waters
26.23and fish production operations. This is a
26.24onetime appropriation.
26.25Notwithstanding Minnesota Statutes, section
26.26297A.94
, paragraph (e), $300,000 in 2009
26.27is from the second year appropriation
26.28in Laws 2007, chapter 57, article 1,
26.29section 4, subdivision 7, from the heritage
26.30enhancement account in the game and fish
26.31fund new text begin for shooting sports facilities and hunter new text end
26.32new text begin education. Of this amount, $200,000 is new text end to
26.33study, predesign, and design a shooting sports
26.34facility in the seven-county metropolitan
27.1areanew text begin and to establish basic hunter education, new text end
27.2new text begin firearms safety, and archery ranges on public new text end
27.3new text begin land, and $100,000 is for a grant to the Itasca new text end
27.4new text begin County Gun Club for shooting sports facility new text end
27.5new text begin improvementsnew text end . This is available onetime
27.6only and is available until expended.
27.7$300,000 in 2009 is appropriated from the
27.8game and fish fund for only activities that
27.9improve, enhance, or protect fish and wildlife
27.10resources. This is a onetime appropriation.
27.11 Sec. 58. new text begin REFUNDS; LIFETIME LICENSES.new text end
27.12new text begin On or after the effective date of sections 26 to 29, the commissioner of natural new text end
27.13new text begin resources may issue refunds for the difference of the price of lifetime licenses purchased new text end
27.14new text begin between March 1, 2013, and the effective date of sections 26 to 29.new text end
27.15 Sec. 59. new text begin GRAY PARTRIDGE BAG LIMIT; RULEMAKING.new text end
27.16new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part new text end
27.17new text begin 6234.0500, by adding a new subpart to read: "A person may not take more than five gray new text end
27.18new text begin partridge per day or possess more than ten gray partridge at a time."new text end
27.19new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end
27.20new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end
27.21new text begin Statutes, section 14.386, does not apply except as provided in Minnesota Statutes, section new text end
27.22new text begin 14.388. new text end
27.23 Sec. 60. new text begin MUSKELLUNGE MINIMUM SIZE LIMIT; RULEMAKING.new text end
27.24new text begin By March 1, 2015, the commissioner of natural resources shall amend Minnesota new text end
27.25new text begin Rules, part 6262.0200, to provide that the minimum size limit for muskellunge in all new text end
27.26new text begin inland waters is 54 inches, except for: (1) muskellunge-northern pike hybrid lakes in new text end
27.27new text begin the seven-county metropolitan area; and (2) individual lakes where the commissioner new text end
27.28new text begin establishes a minimum size limit of 48 inches. Minnesota Statutes, section 97C.005 does new text end
27.29new text begin not apply to establishment of size limits for individual lakes under this section. The new text end
27.30new text begin commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, new text end
27.31new text begin subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section new text end
27.32new text begin 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388.new text end
28.1 Sec. 61. new text begin RULEMAKING; SNOWMOBILE OPERATION DURING FIREARMS new text end
28.2new text begin DEER SEASON.new text end
28.3new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part new text end
28.4new text begin 6232.0300, subpart 7, item C, by deleting "Legal use of snowmobiles during the open deer new text end
28.5new text begin season is governed by part 6100.5100."new text end
28.6new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end
28.7new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end
28.8new text begin Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, new text end
28.9new text begin section 14.388.new text end
28.10 Sec. 62. new text begin HYBRID AND NARROW-LEAVED CATTAIL CONTROL; LORING new text end
28.11new text begin PARK LAKE.new text end
28.12new text begin The commissioner of natural resources shall issue an unrestricted general aquatic new text end
28.13new text begin plant management permit to the Minneapolis Park and Recreation Board for Loring Park new text end
28.14new text begin Lake in Hennepin County for mechanical removal or chemical control of all hybrid and new text end
28.15new text begin narrow-leaved cattails. The board shall properly remove all cattail debris and restore the new text end
28.16new text begin shoreline with native vegetation in a timely fashion. The commissioner shall not charge a new text end
28.17new text begin fee for the permit.new text end
28.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment. new text end
28.19new text begin The permit authorized by this section shall be issued within 30 days of the effective date.new text end
28.20 Sec. 63. new text begin QUAIL RECOVERY PLAN; REPORT.new text end
28.21new text begin The commissioner of natural resources, in consultation with interested parties, must new text end
28.22new text begin develop a detailed feasibility study for the restoration of a wild population of quail in new text end
28.23new text begin Minnesota. No later than January 15, 2015, the commissioner must report on the study's new text end
28.24new text begin progress to the legislative committees with jurisdiction over environment and natural new text end
28.25new text begin resources policy and finance.new text end
28.26 Sec. 64. new text begin FISHING PIER ON LONG LAKE; STEARNS COUNTY.new text end
28.27new text begin The commissioner of natural resources shall work with a nonstate entity to establish new text end
28.28new text begin a fishing pier on Long Lake in Stearns County.new text end
28.29 Sec. 65. new text begin REVISOR'S INSTRUCTION.new text end
28.30new text begin The revisor of statutes shall delete the range reference "84A.01 to 84A.11" and insert new text end
28.31new text begin "84A.01 to 84A.101" wherever it appears in Minnesota Statutes.new text end
29.1 Sec. 66. new text begin REPEALER.new text end
29.2new text begin Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; new text end
29.3new text begin 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; new text end
29.4new text begin 97B.615; 97B.621, subdivisions 1 and 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, new text end
29.5new text begin subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.081, new text end
29.6new text begin subdivision 5; and 97C.827,new text end new text begin and new text end new text begin Minnesota Rules, part 6100.5100,new text end new text begin are repealed.new text end