1.1 	A bill for an act
1.2 	relating to natural resources; modifying off-highway vehicle provisions; modifying 
1.3 	provisions of Minnesota Naturalist Corps; modifying invasive species provisions; 
1.4 	modifying state water trail provisions; modifying water safety requirements; 
1.5 	modifying grant, contract, and lease provisions; modifying provisions to take, 
1.6 	possess, and transport wildlife; modifying commissioner's duties and authority;  
1.7 	amending Minnesota Statutes 2016, sections 84.01, by adding a subdivision; 
1.8 	84.788, subdivision 2; 84.791, subdivision 1; 84.8031; 84.946, subdivision 2, by 
1.9 	adding a subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 
1.10 	84D.04, subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by adding 
1.11 	a subdivision; 84D.11, by adding a subdivision; 85.32, subdivision 1; 86B.313, 
1.12 	subdivision 1; 86B.511; 88.523; 89.39; 90.041, subdivision 2; 90.051; 90.14; 
1.13 	90.151, subdivision 1; 90.162; 90.252; 94.343, subdivision 9; 94.344, subdivision 
1.14 	9; 97A.015, subdivisions 39, 43, 45, 52, 53; 97A.045, subdivision 10; 97B.405; 
1.15 	97B.431; 97B.655, subdivision 1; 97C.401, subdivision 2; 97C.701, by adding a 
1.16 	subdivision; 103G.411; 160.06; repealing Minnesota Statutes 2016, sections 84.026, 
1.17 	subdivision 3; 97C.701, subdivisions 1a, 6; 97C.705; 97C.711; Minnesota Rules, 
1.18 	parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 6258.0600; 
1.19 	6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision 
1.22 	to read:
1.23 		Subd. 6.Legal counsel. The commissioner may appoint attorneys or outside counsel to 
1.24 	render title opinions, represent the department in severed mineral interest forfeiture actions 
1.25 	brought pursuant to section 93.55, and, notwithstanding any statute to the contrary, represent 
1.26 	the state in quiet title or title registration actions affecting land or interests in land 
1.27 	administered by the commissioner of natural resources.

2.1 	Sec. 2. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:
2.2 		Subd. 2.Exemptions. Registration is not required for off-highway motorcycles:
2.3 	(1) owned and used by the United States, an Indian tribal government, the state, another 
2.4 	state, or a political subdivision;
2.5 	(2) registered in another state or country that have not been within this state for more 
2.6 	than 30 consecutive days;
2.7 	(3) registered under chapter 168, when operated on forest roads to gain access to a state 
2.8 	forest campground;
2.9 	(4) used exclusively in organized track racing events;
2.10 	(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident 
2.11 	off-highway motorcycle state trail pass; or
2.12 	(6) operated by a person participating in an event for which the commissioner has issued 
2.13 	a special use permit; or
2.14 	(7) operated on boundary trails and registered in another state or country providing equal 
2.15 	reciprocal registration or licensing exemptions for registrants of this state.

2.16 	Sec. 3. Minnesota Statutes 2016, section 84.791, subdivision 1, is amended to read:
2.17 		Subdivision 1.Program established; when required. (a) The commissioner shall 
2.18 	establish a comprehensive off-highway motorcycle environment and safety education and 
2.19 	training program, including the preparation and dissemination of that includes preparing 
2.20 	and disseminating vehicle information and safety advice to the public, the training of
2.21 	off-highway motorcycle operators, and the issuance of issuing off-highway motorcycle 
2.22 	safety certificates to operators under the age of 16 12 to 15 years of age who successfully 
2.23 	complete the off-highway motorcycle environment and safety education and training courses.
2.24 	(b) An individual who is convicted of violating a law related to the operation of an 
2.25 	off-highway motorcycle must successfully complete the environment and safety education 
2.26 	and training program established under paragraph (a) before continuing operation of an 
2.27 	off-highway motorcycle.

2.28 	Sec. 4. Minnesota Statutes 2016, section 84.8031, is amended to read:
2.29 	84.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.
3.1 	The commissioner must review an off-road vehicle grant-in-aid application and, if 
3.2 	approved, commence begin public review of the application within 60 days after the 
3.3 	completed application has been locally approved and submitted to an area parks and trails 
3.4 	office. If the commissioner fails to approve or deny the application within 60 days after 
3.5 	submission, the application is deemed approved and the commissioner must provide for a 
3.6 	30-day public review period. If the commissioner denies an application, the commissioner 
3.7 	must provide the applicant with a written explanation for denying the application at the time 
3.8 	the applicant is notified of the denial.

3.9 	Sec. 5. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:
3.10 		Subd. 2.Standards. (a) An appropriation for asset preservation may be used only for a 
3.11 	capital expenditure on a capital asset previously owned by the state, within the meaning of 
3.12 	generally accepted accounting principles as applied to public expenditures. The commissioner 
3.13 	of natural resources will consult with the commissioner of management and budget to the 
3.14 	extent necessary to ensure this and will furnish the commissioner of management and budget 
3.15 	a list of projects to be financed from the account in order of their priority. The legislature 
3.16 	assumes that many projects for preservation and replacement of portions of existing capital 
3.17 	assets will constitute betterments and capital improvements within the meaning of the 
3.18 	Constitution and capital expenditures under generally accepted accounting principles, and 
3.19 	will be financed more efficiently and economically under this section than by direct 
3.20 	appropriations for specific projects.
3.21 	(b) An appropriation for asset preservation must not be used to acquire land or to acquire 
3.22 	or construct buildings or other facilities.
3.23 	(c) Capital budget expenditures for natural resource asset preservation and replacement 
3.24 	projects must be for one or more of the following types of capital projects that support the 
3.25 	existing programmatic mission of the department: code compliance including health and 
3.26 	safety, Americans with Disabilities Act requirements, hazardous material abatement, access 
3.27 	improvement, or air quality improvement; building energy efficiency improvements using 
3.28 	current best practices; building or infrastructure repairs necessary to preserve the interior 
3.29 	and exterior of existing buildings; projects to remove life safety hazards such as building 
3.30 	code violations or structural defects; or renovation of other existing improvements to land, 
3.31 	including but not limited to trails and bridges.
3.32 	(d) Up to ten percent of an appropriation awarded under this section may be used for 
3.33 	design costs for projects eligible to be funded from this account in anticipation of future 
3.34 	funding from the account.

4.1 	Sec. 6. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to 
4.2 	read:
4.3 		Subd. 4.Priorities; report. The commissioner of natural resources must establish 
4.4 	priorities for natural resource asset preservation and replacement projects. By January 15 
4.5 	each year, the commissioner must submit to the commissioner of management and budget 
4.6 	a list of the projects that have been paid for with money from a natural resource asset 
4.7 	preservation and replacement appropriation during the preceding calendar year.

4.8 	Sec. 7. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:
4.9 		Subd. 3.Training and mentoring. The commissioner must develop and implement a 
4.10 	training program that adequately prepares Minnesota Naturalist Corps members for the 
4.11 	tasks assigned. Each corps member shall be is assigned a state park an interpretive naturalist 
4.12 	as a mentor.

4.13 	Sec. 8. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:
4.14 		Subd. 4.Uniform patch pin. Uniforms worn by members of the Minnesota Naturalist 
4.15 	Corps must have a patch pin that includes the name of the Minnesota Naturalist Corps and 
4.16 	information that the program is funded by the clean water, land, and legacy amendment to 
4.17 	the Minnesota Constitution adopted by the voters in November 2008.

4.18 	Sec. 9. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:
4.19 		Subd. 5.Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if 
4.20 	the person:
4.21 	(1) is a permanent resident of the state;
4.22 	(2) is a participant in an approved college internship program or has a postsecondary 
4.23 	degree in a field related to natural resource resources, cultural history, interpretation,  or 
4.24 	conservation related field; and
4.25 	(3) has completed at least one year of postsecondary education.

4.26 	Sec. 10. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:
4.27 		Subd. 6.Corps member status. Minnesota Naturalist Corps members are not eligible 
4.28 	for unemployment benefits if their services are excluded under section 268.035, subdivision 
4.29 	20, and are not eligible for other benefits except workers' compensation. The corps members 
4.30 	are not employees of the state within the meaning of section 43A.02, subdivision 21.

5.1 	Sec. 11. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:
5.2 		Subd. 3.Bait harvest from infested waters. (a) Taking wild animals from infested 
5.3 	waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b), 
5.4 	(c), or (d), and section 97C.341.
5.5 	(b) In waters that are listed as infested waters, except those listed as infested with 
5.6 	prohibited invasive species of fish or certifiable diseases of fish, as defined under section 
5.7 	17.4982, subdivision 6, taking wild animals may be permitted for:
5.8 	(1) commercial taking of wild animals for bait and aquatic farm purposes as provided 
5.9 	in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
5.10 	(2) bait purposes for noncommercial personal use in waters that contain Eurasian 
5.11 	watermilfoil, when the infested waters are listed solely because they contain Eurasian 
5.12 	watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not 
5.13 	exceeding 16 inches in diameter and 32 inches in length.
5.14 	(c) In streams or rivers that are listed as infested waters, except those listed as infested 
5.15 	with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest 
5.16 	of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by 
5.17 	hook and line for noncommercial personal use is allowed as follows:
5.18 	(1) fish taken under this paragraph must be used on the same body of water where caught 
5.19 	and while still on that water body. Where the river or stream is divided by barriers such as 
5.20 	dams, the fish must be caught and used on the same section of the river or stream;
5.21 	(2) fish taken under this paragraph may not be transported live from or off the water 
5.22 	body;
5.23 	(3) fish harvested under this paragraph may only be used in accordance with this section;
5.24 	(4) any other use of wild animals used for bait from infested waters is prohibited;
5.25 	(5) fish taken under this paragraph must meet all other size restrictions and requirements 
5.26 	as established in rules; and
5.27 	(6) all species listed under this paragraph shall be included in the person's daily limit as 
5.28 	established in rules, if applicable.
5.29 	(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River 
5.30 	downstream of the dam at Taylors Falls, including portions described as 
5.31 	Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items 
6.1 	A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for 
6.2 	angling, as provided in a permit issued under section 84D.11, is allowed as follows:
6.3 	(1) nontarget species must immediately be returned to the water;
6.4 	(2) gizzard shad taken under this paragraph must be used on the same body of water 
6.5 	where caught and while still on that water body. Where the river is divided by barriers such 
6.6 	as dams, the gizzard shad must be caught and used on the same section of the river;
6.7 	(3) gizzard shad taken under this paragraph may not be transported off the water body; 
6.8 	and
6.9 	(4) gizzard shad harvested under this paragraph may only be used in accordance with 
6.10 	this section.
6.11 	This paragraph expires December 1, 2017.
6.12 	(e) Equipment authorized for minnow harvest in a listed infested water by permit issued 
6.13 	under paragraph (b) may not be transported to, or used in, any waters other than waters 
6.14 	specified in the permit.
6.15 	(f) Bait intended for sale may not be held in infested water after taking and before sale, 
6.16 	unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.

6.17 	Sec. 12. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:
6.18 		Subd. 4.Commercial fishing and turtle, frog, and crayfish harvesting restrictions 
6.19 	in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines 
6.20 	used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that 
6.21 	is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined 
6.22 	in section 17.4982, may not be used in any other waters. If a commercial licensee operates 
6.23 	in an infested water listed because it contains invasive fish, invertebrates, or certifiable 
6.24 	diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used 
6.25 	for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with 
6.26 	invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, must be 
6.27 	tagged with tags provided by the commissioner, as specified in the commercial licensee's 
6.28 	license or permit. Tagged gear must not be used in any water bodies other than those specified 
6.29 	in the license or permit. The permit may authorize department staff to remove tags after the 
6.30 	gear is decontaminated. This tagging requirement does not apply to commercial fishing 
6.31 	equipment used in Lake Superior.
7.1 	(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, 
7.2 	frog, or crayfish harvesting in an infested water that is listed solely because it contains 
7.3 	Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum 
7.4 	of two days before they are used in any other waters, except as provided in this paragraph. 
7.5 	Commercial licensees must notify the department's regional or area fisheries office or a 
7.6 	conservation officer before removing nets or equipment from an infested water listed solely 
7.7 	because it contains Eurasian watermilfoil and before resetting those nets or equipment in 
7.8 	any other waters. Upon notification, the commissioner may authorize a commercial licensee 
7.9 	to move nets or equipment to another water without freezing or drying, if that water is listed 
7.10 	as infested solely because it contains Eurasian watermilfoil.
7.11 	(c) A commercial licensee must remove all aquatic macrophytes from nets and other 
7.12 	equipment before placing the equipment into waters of the state.
7.13 	(d) The commissioner shall provide a commercial licensee with a current listing of listed 
7.14 	infested waters at the time that a license or permit is issued.

7.15 	Sec. 13. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:
7.16 		Subdivision 1.Classes. The commissioner shall, as provided in this chapter, classify 
7.17 	nonnative species of aquatic plants and wild animals, including subspecies, genotypes, 
7.18 	cultivars, hybrids, or genera of nonnative species, according to the following categories:
7.19 	(1) prohibited invasive species, which may not be possessed, imported, purchased, sold, 
7.20 	propagated, transported, or introduced except as provided in section 84D.05;
7.21 	(2) regulated invasive species, which may not be introduced except as provided in section 
7.22 	84D.07;
7.23 	(3) unlisted nonnative species, which are subject to the classification procedure in section 
7.24 	84D.06; and
7.25 	(4) unregulated nonnative species, which are not subject to regulation under this chapter.

7.26 	Sec. 14. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:
7.27 		Subdivision 1.Prohibited activities. A person may not possess, import, purchase, sell, 
7.28 	propagate, transport, or introduce a prohibited invasive species, except:
7.29 	(1) under a permit issued by the commissioner under section 84D.11;
7.30 	(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
7.31 	(3) under a restricted species permit issued under section 17.457;
8.1 	(4) when being transported to the department, or another destination as the commissioner 
8.2 	may direct, in a sealed container for purposes of identifying the species or reporting the 
8.3 	presence of the species;
8.4 	(5) when being transported for disposal as part of a harvest or control activity when 
8.5 	specifically authorized under a permit issued by the commissioner according to section 
8.6 	103G.615, when being transported for disposal as specified under a commercial fishing 
8.7 	license issued by the commissioner according to section 97A.418, 97C.801, 97C.811, 
8.8 	97C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner;
8.9 	(6) when being removed from watercraft and equipment, or caught while angling, and 
8.10 	immediately returned to the water from which they came; or
8.11 	(7) when being transported from riparian property to a legal disposal site that is at least 
8.12 	100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited 
8.13 	invasive species are in a covered commercial vehicle specifically designed and used for 
8.14 	hauling trash; or
8.15 	(7) (8) as the commissioner may otherwise prescribe by rule.

8.16 	Sec. 15. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:
8.17 		Subd. 2a.Lake Minnetonka pilot study. (a) The commissioner may issue an additional 
8.18 	permit to service providers to return to Lake Minnetonka water-related equipment with 
8.19 	zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired. 
8.20 	The permit must include verification and documentation requirements and any other 
8.21 	conditions the commissioner deems necessary.
8.22 	(b) Water-related equipment with zebra mussels attached may be returned only to Lake 
8.23 	Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted 
8.24 	under subdivision 1.
8.25 	(c) The service provider's place of business must be within the Lake Minnetonka 
8.26 	Conservation District as established according to sections 103B.601 to 103B.645, or within 
8.27 	a municipality immediately bordering the Lake Minnetonka Conservation District's 
8.28 	boundaries.
8.29 	(d) A service provider applying for a permit under this subdivision must, if approved 
8.30 	for a permit and before the permit is valid, furnish a corporate surety bond in favor of the 
8.31 	state for $50,000 payable upon violation of this chapter while the service provider is acting 
8.32 	under a permit issued according to this subdivision.
9.1 	(e) This subdivision expires December 1, 2018 2019.

9.2 	Sec. 16. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 
9.3 	to read:
9.4 		Subd. 2b.Gull Lake pilot study. (a) The commissioner may include an additional 
9.5 	targeted pilot study to include water-related equipment with zebra mussels attached for the 
9.6 	Gull Narrows State Water Access Site, Government Point State Water Access Site, and 
9.7 	Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305) 
9.8 	in Cass and Crow Wing Counties utilizing the same authorities, general procedures, and 
9.9 	requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service 
9.10 	providers participating in the Gull Lake targeted pilot study place of business must be located 
9.11 	within Cass or Crow Wing County.
9.12 	(b) If an additional targeted pilot project for Gull Lake is implemented under this section, 
9.13 	the report to the chairs and ranking minority members of the senate and house of 
9.14 	representatives committees having jurisdiction over natural resources required under Laws 
9.15 	2016, chapter 189, article 3, section 48, shall also include the Gull Lake targeted pilot study 
9.16 	recommendations and assessments.
9.17 	(c) This subdivision expires December 1, 2019.

9.18 	Sec. 17. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to 
9.19 	read:
9.20 		Subd. 1a.Permit for invasive carp. The commissioner may issue a permit to 
9.21 	departmental divisions for tagging bighead, black, grass, or silver carp for research or 
9.22 	control. Under the permit, the carp may be released into the water body from which the carp 
9.23 	was captured. This subdivision expires December 31, 2021.

9.24 	Sec. 18. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:
9.25 		Subdivision 1.Areas marked Designation. The commissioner of natural resources is 
9.26 	authorized in cooperation with local units of government and private individuals and groups 
9.27 	when feasible to mark manage state water trails on the Lake Superior water trail under 
9.28 	section 85.0155 and on the following rivers, which have historic, recreational, and scenic 
9.29 	values: Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, 
9.30 	Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, 
9.31 	Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa 
9.32 	from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River 
10.1 	of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, andVermilion in 
10.2 	St. Louis County, North Fork of the Crow, and South Fork of the Crow Rivers, which have 
10.3 	historic and scenic values, and to mark appropriately. The commissioner may map and sign
10.4 	points of interest, public water access sites, portages, camp sites, and all dams, rapids, 
10.5 	waterfalls, whirlpools, and other serious hazards that are dangerous to canoe, kayak, and 
10.6 	watercraft travelers. The commissioner may maintain passageway for watercraft on state 
10.7 	water trails.

10.8 	Sec. 19. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:
10.9 		Subdivision 1.General requirements. (a) In addition to requirements of other laws 
10.10 	relating to watercraft, a person may not operate or permit the operation of a personal 
10.11 	watercraft:
10.12 	(1) without each person on board the personal watercraft wearing a United States Coast 
10.13 	Guard (USCG) approved wearable personal flotation device with a that is approved by the 
10.14 	United States Coast Guard (USCG) and has a  USCG label indicating it the flotation device
10.15 	either is approved for or does not prohibit use with personal watercraft or water skiing;
10.16 	(2) between one hour before sunset and 9:30 a.m.;
10.17 	(3) at greater than slow-no wake speed within 150 feet of:
10.18 	(i) a shoreline;
10.19 	(ii) a dock;
10.20 	(iii) a swimmer;
10.21 	(iv) a raft used for swimming or diving; or
10.22 	(v) a moored, anchored, or nonmotorized watercraft;
10.23 	(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other 
10.24 	device unless:
10.25 	(i) an observer is on board; or
10.26 	(ii) the personal watercraft is equipped with factory-installed or factory-specified 
10.27 	accessory mirrors that give the operator a wide field of vision to the rear;
10.28 	(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, 
10.29 	or personal flotation device of the operator, if the personal watercraft is equipped by the 
10.30 	manufacturer with such a device;
11.1 	(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or 
11.2 	tampered with so as to interfere with the return-to-idle system;
11.3 	(7) to chase or harass wildlife;
11.4 	(8) through emergent or floating vegetation at other than a slow-no wake speed;
11.5 	(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, 
11.6 	including weaving through congested watercraft traffic, jumping the wake of another 
11.7 	watercraft within 150 feet of the other watercraft, or operating the watercraft while facing 
11.8 	backwards;
11.9 	(10) in any other manner that is not reasonable and prudent; or
11.10 	(11) without a personal watercraft rules decal, issued by the commissioner, attached to 
11.11 	the personal watercraft so as to be in full view of the operator.
11.12 	(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft 
11.13 	to launch or land a person on water skis, a kneeboard, or similar device by the most direct 
11.14 	route to open water.

11.15 	Sec. 20. Minnesota Statutes 2016, section 86B.511, is amended to read:
11.16 	86B.511 LIGHTS.
11.17 		Subdivision 1.Navigation lights. Except as provided in section 169.541, a watercraft 
11.18 	using the waters of this state, when underway or in use between sunset and sunrise, must 
11.19 	carry and display the navigation lights prescribed by the commissioner for the watercraft.
11.20 		Subd. 2.Other lights. (a) No person may operate a watercraft with lights that are not 
11.21 	navigation lights required under subdivision 1, that are visible on the exterior of the 
11.22 	watercraft, and that:
11.23 	(1) interfere with the visibility of navigation lights; or
11.24 	(2) are red, green, or blue.
11.25 	(b) Notwithstanding paragraph (a), watercraft operated for government-sanctioned public 
11.26 	safety activities may display an alternately flashing red and yellow light signal for 
11.27 	identification. The lights must not interfere with the visibility of the navigation lights. No 
11.28 	special privilege is granted. Operators must not presume that the light or exigency gives 
11.29 	them precedence or right-of-way.
12.1 	(c) Notwithstanding paragraph (a), law enforcement may operate watercraft with lights 
12.2 	that are flashing blue when engaged in law enforcement activities. The lights must not 
12.3 	interfere with the visibility of the navigation lights.
12.4 	(d) A first violation of this subdivision shall not result in a penalty, but is punishable 
12.5 	only by a safety warning. A second or subsequent violation is a petty misdemeanor.

12.6 	Sec. 21. Minnesota Statutes 2016, section 88.523, is amended to read:
12.7 	88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.
12.8 	Upon application of the owner, any auxiliary forest contract may be made subject to any 
12.9 	provisions of law enacted subsequent to the execution of the contract and in force at the 
12.10 	time of application, so far as not already applicable, with the approval of the county board 
12.11 	and the commissioner of natural resources. A supplemental agreement in a form format
12.12 	prescribed by the commissioner and approved by the attorney general must be executed by 
12.13 	the commissioner in behalf of the state and by the owner. The supplemental agreement must 
12.14 	be filed and recorded in like manner as the supplemental contract under section 88.49, 
12.15 	subdivision 9, and takes effect upon filing and recording.

12.16 	Sec. 22. Minnesota Statutes 2016, section 89.39, is amended to read:
12.17 	89.39 PURCHASE AGREEMENTS AND PENALTIES.
12.18 	Every individual, partnership, or private corporation to whom any planting stock is 
12.19 	supplied for planting on private land hereunder shall under sections 89.35 to 89.39 must
12.20 	execute an agreement, upon a form in a format approved by the attorney general
12.21 	commissioner, to comply with all the requirements of sections 89.35 to 89.39 and all
12.22 	conditions prescribed by the commissioner hereunder thereunder. Any party to such an 
12.23 	agreement who shall violate any provision thereof shall, violates the agreement is, in addition 
12.24 	to any other penalties that may be applicable, be liable to the state in a sum equal to three 
12.25 	times the reasonable value of the trees affected by the violation at the time the same trees
12.26 	were shipped for planting; provided, that if such the trees are sold or offered for sale for 
12.27 	any purpose not herein authorized, such under sections 89.35 to 89.39, the penalty shall be
12.28 	is equal to three times the sale price. Such The penalties shall be are recoverable in a civil 
12.29 	action brought in the name of the state by the attorney general.

12.30 	Sec. 23. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:
12.31 		Subd. 2.Trespass on state lands. The commissioner may compromise and settle, with 
12.32 	notification to the attorney general, upon terms the commissioner deems just, any claim of 
13.1 	the state for casual and involuntary trespass upon state lands or timber; provided that no 
13.2 	claim shall be settled for less than the full value of all timber or other materials taken in 
13.3 	casual trespass or the full amount of all actual damage or loss suffered by the state as a 
13.4 	result. Upon request, the commissioner shall advise the Executive Council of any information 
13.5 	acquired by the commissioner concerning any trespass on state lands, giving all details and 
13.6 	names of witnesses and all compromises and settlements made under this subdivision.

13.7 	Sec. 24. Minnesota Statutes 2016, section 90.051, is amended to read:
13.8 	90.051 SUPERVISION OF SALES; BOND.
13.9 	The department employee delegated to supervise state timber appraisals and sales shall 
13.10 	be bonded in a form to be prescribed by the attorney general commissioner and in the sum 
13.11 	of not less than $25,000, conditioned upon the faithful and honest performance of duties.

13.12 	Sec. 25. Minnesota Statutes 2016, section 90.14, is amended to read:
13.13 	90.14 AUCTION SALE PROCEDURE.
13.14 	(a) All state timber shall be offered and sold by the same unit of measurement as it was 
13.15 	appraised. No tract shall be sold to any person other than the purchaser in whose name the 
13.16 	bid was made. The commissioner may refuse to approve any and all bids received and cancel 
13.17 	a sale of state timber for good and sufficient reasons.
13.18 	(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid, 
13.19 	or, if unsold at public auction, at the time of purchase at a subsequent sale under section 
13.20 	90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the 
13.21 	appraised value. In case any purchaser fails to make such payment, the purchaser shall be 
13.22 	liable therefor to the state in a civil action, and the commissioner may reoffer the timber 
13.23 	for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been 
13.24 	made.
13.25 	(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state 
13.26 	timber may, at the time of payment by the purchaser to the commissioner of 15 percent of 
13.27 	the appraised value, elect in writing on a form format prescribed by the attorney general
13.28 	commissioner to purchase a permit based solely on the appraiser's estimate of the volume 
13.29 	of timber described in the permit, provided that the commissioner has expressly designated 
13.30 	the availability of such option for that tract on the list of tracts available for sale as required 
13.31 	under section 90.101. A purchaser who elects in writing on a form format prescribed by the 
13.32 	attorney general commissioner to purchase a permit based solely on the appraiser's estimate 
14.1 	of the volume of timber described on the permit does not have recourse to the provisions 
14.2 	of section 90.281.
14.3 	(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be 
14.4 	awarded to the high bidder, who shall pay to the commissioner a down payment of 15 
14.5 	percent of the appraised value that must be received or postmarked within 14 days of the 
14.6 	date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser 
14.7 	is liable for the down payment to the state and the commissioner may offer the timber for 
14.8 	sale to the next highest bidder as though no higher bid had been made.
14.9 	(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued 
14.10 	under section 90.151, the commissioner shall require the purchaser to make a bid guarantee 
14.11 	payment to the commissioner in an amount equal to 15 percent of the total purchase price 
14.12 	of the permit less the down payment amount required by paragraph (b) for any bid increase 
14.13 	in excess of $10,000 of the appraised value. If a required bid guarantee payment is not 
14.14 	submitted with the signed permit, no harvesting may occur, the permit cancels, and the 
14.15 	down payment for timber forfeits to the state. The bid guarantee payment forfeits to the 
14.16 	state if the purchaser and successors in interest fail to execute an effective permit.

14.17 	Sec. 26. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:
14.18 		Subdivision 1.Issuance; expiration. (a) Following receipt of the down payment for 
14.19 	state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered 
14.20 	permit to the purchaser, in a form format approved by the attorney general commissioner, 
14.21 	by the terms of which the purchaser shall be is authorized to enter upon the land, and to cut 
14.22 	and remove the timber therein described in the permit as designated for cutting in the report 
14.23 	of the state appraiser, according to the provisions of this chapter. The permit shall must be 
14.24 	correctly dated and executed by the commissioner and signed by the purchaser. If a permit 
14.25 	is not signed by the purchaser within 45 days from the date of purchase, the permit cancels 
14.26 	and the down payment for timber required under section 90.14 forfeits to the state. The 
14.27 	commissioner may grant an additional period for the purchaser to sign the permit, not to 
14.28 	exceed ten business days, provided the purchaser pays a $200 penalty fee.
14.29 	(b) The permit shall expire expires no later than five years after the date of sale as the 
14.30 	commissioner shall specify or as specified under section 90.191, and the timber shall must
14.31 	be cut and removed within the time specified therein. If additional time is needed, the permit 
14.32 	holder must request, prior to before the expiration date, and may be granted, for good and 
14.33 	sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and 
15.1 	removing all equipment and buildings. All cut timber, equipment, and buildings not removed 
15.2 	from the land after expiration of the permit becomes the property of the state.
15.3 	(c) The commissioner may grant an additional period of time not to exceed 240 days 
15.4 	for the removal of removing cut timber, equipment, and buildings upon receipt of a written 
15.5 	request by the permit holder for good and sufficient reasons. The permit holder may combine 
15.6 	in the written request under this paragraph the request for additional time under paragraph 
15.7 	(b).

15.8 	Sec. 27. Minnesota Statutes 2016, section 90.162, is amended to read:
15.9 	90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.
15.10 	In lieu of the security deposit equal to the value of all timber covered by the permit 
15.11 	required by section 90.161, a purchaser of state timber may elect in writing on a form format
15.12 	prescribed by the attorney general commissioner to give good and valid surety to the state 
15.13 	of Minnesota equal to the purchase price for any designated cutting block identified on the 
15.14 	permit before the date the purchaser enters upon the land to begin harvesting the timber on 
15.15 	the designated cutting block.

15.16 	Sec. 28. Minnesota Statutes 2016, section 90.252, is amended to read:
15.17 	90.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES; 
15.18 	FEES.
15.19 		Subdivision 1.Scaling agreement. The commissioner may enter into an agreement with 
15.20 	either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling 
15.21 	of the cut timber and the collection of the payment for the same can be consummated by 
15.22 	the state. Such an The agreement shall must be approved as to form and content by the 
15.23 	attorney general commissioner and shall must provide for a bond or cash in lieu of a bond 
15.24 	and such other safeguards as are necessary to protect the interests of the state. The scaling 
15.25 	and payment collection procedure may be used for any state timber sale, except that no 
15.26 	permittee who is also the consumer shall both cut and scale the timber sold unless such the
15.27 	scaling is supervised by a state scaler.
15.28 		Subd. 2.Weight measurement services; fees. The commissioner may enter into an 
15.29 	agreement with the owner or operator of any weight scale inspected, tested, and approved 
15.30 	under chapter 239 to provide weight measurements for the scaling of state timber according 
15.31 	to section 90.251. The agreement shall must be on a form in a format prescribed by the 
15.32 	attorney general commissioner, shall become a becomes part of the official record of any 
16.1 	state timber permit so scaled, and shall must contain safeguards that are necessary to protect 
16.2 	the interests of the state. Except as otherwise provided by the commissioner, the cost of any 
16.3 	agreement to provide weight measurement of state timber shall must be paid by the permit 
16.4 	holder of any state timber permit so measured and the cost shall must be included in the 
16.5 	statement of the amount due for the permit under section 90.181, subdivision 1.

16.6 	Sec. 29. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:
16.7 		Subd. 9.Approval by attorney general commissioner. No exchange of class A land 
16.8 	shall be consummated unless the attorney general shall have given an opinion in writing
16.9 	commissioner determines that the title to the land proposed to be conveyed to the state is 
16.10 	good and marketable, free from all liens and, with all encumbrances identified except 
16.11 	reservations herein authorized. The commissioner may use title insurance to aid in the title 
16.12 	determination. If required by the attorney general commissioner, the landowner shall must
16.13 	submit an abstract of title and make and file with the commissioner an affidavit as to 
16.14 	possession of the land, improvements, liens, and encumbrances thereon, and other matters 
16.15 	affecting the title.

16.16 	Sec. 30. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:
16.17 		Subd. 9.Approval of county attorney. No exchange of class B land shall be 
16.18 	consummated unless the title to the land proposed to be exchanged therefor shall is first be
16.19 	approved by the county attorney in like manner as provided for approval by the attorney 
16.20 	general commissioner in case of class A land. The county attorney's opinion on the title 
16.21 	shall be is subject to approval by the attorney general commissioner.

16.22 	Sec. 31. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:
16.23 		Subd. 39.Protected wild animals. "Protected wild animals" are the following wild 
16.24 	animals: means big game, small game, game fish, rough fish, minnows, leeches, alewives, 
16.25 	ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs, 
16.26 	turtles, clams, mussels, wolf, mourning doves, bats, snakes, salamanders, lizards, any animal 
16.27 	species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter 
16.28 	6134, and wild animals that are protected by a restriction in the time or manner of taking, 
16.29 	other than a restriction in the use of artificial lights, poison, or motor vehicles.

17.1 	Sec. 32. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:
17.2 		Subd. 43.Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin, 
17.3 	burbot, cisco, gar, goldeye, and bullhead., except for any fish species listed as endangered, 
17.4 	threatened, or of special concern in Minnesota Rules, chapter 6134.

17.5 	Sec. 33. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:
17.6 		Subd. 45.Small game. "Small game" means game birds, gray squirrel, fox squirrel, 
17.7 	cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, short-tailed weasel, 
17.8 	long-tailed weasel, wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar, 
17.9 	wolverine, muskrat, mink, otter, and beaver.

17.10 	Sec. 34. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:
17.11 		Subd. 52.Unprotected birds. "Unprotected birds" means English sparrow, blackbird,
17.12 	starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge, 
17.13 	quail other than bobwhite quail, and mute swan.

17.14 	Sec. 35. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:
17.15 		Subd. 53.Unprotected wild animals. "Unprotected wild animals" means wild animals 
17.16 	that are not protected wild animals including weasel, coyote, plains pocket gopher, porcupine, 
17.17 	striped skunk, and unprotected birds., except any animal species listed as endangered, 
17.18 	threatened, or of special concern in Minnesota Rules, chapter 6134.

17.19 	Sec. 36. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:
17.20 		Subd. 10.Reciprocal agreements on violations. The commissioner, with the approval 
17.21 	of the attorney general, may enter into reciprocal agreements with game and fish authorities 
17.22 	in other states and the United States government to provide for:
17.23 	(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents 
17.24 	for violations of game and fish laws committed in signatory jurisdictions which that result 
17.25 	in license revocation in that jurisdiction;
17.26 	(2) reporting convictions and license revocations of residents of signatory states for 
17.27 	violations of game and fish laws of Minnesota to game and fish authorities in the 
17.28 	nonresident's state of residence; and
18.1 	(3) release upon signature without posting of bail for residents of signatory states accused 
18.2 	of game and fish law violations in this state, providing for recovery, in the resident 
18.3 	jurisdiction, of fines levied if the citation is not answered in this state.
18.4 	As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.

18.5 	Sec. 37. Minnesota Statutes 2016, section 97B.405, is amended to read:
18.6 	97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
18.7 	(a) The commissioner may limit the number of persons that may hunt bear in an area, 
18.8 	if it is necessary to prevent an overharvest or improve the distribution of hunters. The 
18.9 	commissioner may establish, by rule, a method, including a drawing, to impartially select 
18.10 	the hunters for an area. The commissioner shall give preference to hunters that have 
18.11 	previously applied and have not been selected.
18.12 	(b) If the commissioner limits the number of persons that may hunt bear in an area under 
18.13 	paragraph (a), the commissioner must reserve one permit and give first preference for that 
18.14 	permit to a resident of a Minnesota veterans home.
18.15 	(b) (c) A person selected through a drawing must purchase a license by August 1. Any 
18.16 	remaining available licenses not purchased shall be issued to any eligible person as prescribed 
18.17 	by the commissioner on a first-come, first-served basis beginning three business days after 
18.18 	August 1.

18.19 	Sec. 38. Minnesota Statutes 2016, section 97B.431, is amended to read:
18.20 	97B.431 BEAR-HUNTING OUTFITTERS.
18.21 	(a) A person may not place bait for bear, or guide hunters to take bear, for compensation 
18.22 	without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a 
18.23 	license to take bear unless the outfitter is attempting to shoot a bear. The commissioner 
18.24 	shall adopt rules for qualifications for issuance and administration of the licenses.
18.25 	(b) The commissioner shall establish a resident master bear-hunting-outfitter license 
18.26 	under which one person serves as the bear-hunting outfitter and one other person is eligible 
18.27 	to guide and bait bear. Additional persons may be added to the license and are eligible to 
18.28 	guide and bait bear under the license, provided the additional fee under section 97A.475, 
18.29 	subdivision 16, is paid for each person added. The commissioner shall adopt rules for 
18.30 	qualifications for issuance and administration of the licenses. The commissioner must not 
18.31 	require a person to have certification or training in first aid or CPR to be eligible for a license 
18.32 	under this section.

19.1 	Sec. 39. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:
19.2 		Subdivision 1.Owners and occupants may take certain animals. A person or the 
19.3 	person's agent may take bats, snakes, salamanders, lizards, weasel, mink, squirrel, rabbit, 
19.4 	hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the 
19.5 	person where the animal is causing damage. The person or the person's agent may take the 
19.6 	animal without a license and in any manner except by poison, or artificial lights in the closed 
19.7 	season or by poison. Raccoons may be taken under this subdivision with artificial lights 
19.8 	during open season. A person thator the person's agent who kills mink, raccoon, bobcat, 
19.9 	fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer 
19.10 	or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.

19.11 	Sec. 40. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:
19.12 		Subd. 2.Walleye; northern pike. (a) Except as provided in paragraph (b), A person 
19.13 	may have no more than one walleye larger than 20 inches and one northern pike larger than 
19.14 	30 inches in possession. This subdivision does not apply to boundary waters.
19.15 	(b) The restrictions in paragraph (a) do not apply to boundary waters.

19.16 	Sec. 41. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision 
19.17 	to read:
19.18 		Subd. 7.Harvesting mussel shells. Live mussels may not be harvested. A person 
19.19 	possessing a valid resident or nonresident angling license or a person  not required to have 
19.20 	an angling license to take fish may take and possess at any time, for personal use only, not 
19.21 	more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may 
19.22 	be harvested in waters of the state where fish may be taken by angling. Mussel shells must 
19.23 	be harvested by hand-picking only and may not be purchased or sold.

19.24 	Sec. 42. Minnesota Statutes 2016, section 103G.411, is amended to read:
19.25 	103G.411 STIPULATION OF LOW-WATER MARK.
19.26 	If the state is a party in a civil action relating to the navigability or ownership of the bed 
19.27 	of a body of water, river, or stream, the commissioner, in behalf of the state, with the approval 
19.28 	of the attorney general, may agree by written stipulation with a riparian owner who is a 
19.29 	party to the action on the location of the ordinary low-water mark on the riparian land of 
19.30 	the party. After the stipulation is executed by all parties, it must be presented to the judge 
19.31 	of the district court where the action is pending for approval. If the stipulation is approved, 
19.32 	the judge shall make and enter an order providing that the final judgment when entered shall 
20.1 	conform to the location of the ordinary, low-water mark as provided for in the stipulation 
20.2 	as it relates to the parties to the stipulation.

20.3 	Sec. 43. Minnesota Statutes 2016, section 160.06, is amended to read:
20.4 	160.06 TRAIL OR PORTAGE DEDICATION.
20.5 	Any trail or portage between public or navigable bodies of water or from public or 
20.6 	navigable water to a public highway in this state which that has been in continued and 
20.7 	uninterrupted use by the general public for 15 years or more as a trail or portage for the 
20.8 	purposes of travel, shall be is deemed to have been dedicated to the public as a trail or 
20.9 	portage. This section shall apply applies only to forest trails on established state water trails
20.10 	canoe routes and the public shall have has the right to use the same for the purposes of travel 
20.11 	to the same extent as public highways. The width of all trails and portages dedicated by 
20.12 	user shall be is eight feet on each side of the centerline of the trail or portage.

20.13 	Sec. 44.  REPEALER.
 20.14 	(a) Minnesota Statutes 2016, sections 84.026, subdivision 3; 97C.701, subdivisions 1a 
20.15 	and 6; 97C.705; and 97C.711, are repealed.
20.16 	(b) Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 
20.17 	6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, are repealed.

APPENDIX 

Repealed Minnesota Statutes: SF1695-1 

84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL RESOURCES SERVICES.Subd. 3.Procurement law. 
All contractual and grant agreements under this section shall be processed according to section 16C.05. 

97C.701 TAKING MUSSELS.Subd. 1a.Handpicking required. 
A person may only harvest mussels by handpicking. 

Subd. 6.Possession, sale, and transportation. 
Mussels and clams may be possessed, bought, sold, and transported in any quantity during the open season and seven days after the season closes. 

97C.705 MUSSEL SEASONS.Subdivision 1.Open seasons. 
(a) The open season for taking mussels is from May 16 to the last day of February. 

(b) The commissioner may by rule restrict the open season for taking mussels for commercial purposes. 

Subd. 2.Closed areas. 
The commissioner may close up to 50 percent of the mussel-producing waters of the state to the taking of mussels. 

97C.711 UNDERSIZED MUSSELS.
A person must return undersized mussels to the water without injury.