HF 313

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying certain fish 
  1.3             habitat and propagation provisions; authorizing the 
  1.4             commissioner to establish special hunts for youth; 
  1.5             permitting access to public waters through public land 
  1.6             with certain watercraft; modifying provisions for 
  1.7             taking animals from a motor vehicle; providing for 
  1.8             lifetime crossbow permits for persons with permanent 
  1.9             disabilities; modifying certain trapping provisions; 
  1.10            modifying certain provisions relating to taking 
  1.11            animals; authorizing the commissioner to sell 
  1.12            merchandise; modifying stamp provisions; modifying the 
  1.13            procedure for vacating or modifying a state game 
  1.14            refuge; defining terms; prohibiting airboats on 
  1.15            certain lakes; modifying certain license fees and 
  1.16            provisions; prohibiting interference with legal minnow 
  1.17            harvest; modifying provisions relating to personal 
  1.18            flotation devices; requiring a study; modifying 
  1.19            aquatic farm fees and requirements; modifying terms of 
  1.20            crop protection assistance; modifying commercial 
  1.21            fishing provisions; modifying restrictions on 
  1.22            unattended lines; requiring special season Canada 
  1.23            goose license; providing penalties; amending Minnesota 
  1.24            Statutes 1996, sections 17.4982, by adding 
  1.25            subdivisions; 17.4983, by adding a subdivision; 
  1.26            17.4988; 17.4998; 84.0855; 86B.201, by adding a 
  1.27            subdivision; 97A.015, subdivisions 49, 53, and by 
  1.28            adding a subdivision; 97A.028, subdivisions 1 and 3; 
  1.29            97A.045, subdivision 7; 97A.075, subdivisions 1 and 3; 
  1.30            97A.085, subdivision 8; 97A.101, by adding a 
  1.31            subdivision; 97A.411, subdivision 3; 97A.421, 
  1.32            subdivision 1; 97A.465, subdivision 4; 97A.475; 
  1.33            97A.485, subdivisions 6, 9, and by adding a 
  1.34            subdivision; 97B.035, subdivision 1; 97B.055, 
  1.35            subdivision 2; 97B.106; 97B.211, subdivision 1; 
  1.36            97B.655, subdivision 1; 97C.035, subdivision 1; 
  1.37            97C.211, subdivision 1, and by adding a subdivision; 
  1.38            97C.321, subdivision 1; 97C.501, subdivision 2; 
  1.39            97C.505, by adding a subdivision; 97C.801, subdivision 
  1.40            2; and 97C.835, by adding a subdivision; Laws 1993, 
  1.41            chapter 273, section 1, as amended; and Laws 1996, 
  1.42            chapter 410, section 56; proposing coding for new law 
  1.43            in Minnesota Statutes, chapter 97B; repealing 
  1.44            Minnesota Statutes 1996, sections 97A.111; 97A.475, 
  1.45            subdivisions 14, 25, 31, 32, 33, 34, 35, 36, and 37; 
  1.46            and 97C.801, subdivision 1. 
  2.1   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.2                              ARTICLE 1 
  2.3                          OMNIBUS PROVISIONS
  2.4      Section 1.  Minnesota Statutes 1996, section 17.4982, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 18b.  [NONINDIGENOUS SPECIES.] "Nonindigenous species"
  2.7   means a species of fish or other aquatic life that is: 
  2.8      (1) not known to have been historically present in the 
  2.9   state; 
  2.10     (2) not known to be naturally occurring in a particular 
  2.11  part of the state; or 
  2.12     (3) designated by rule as a prohibited or restricted exotic 
  2.13  species. 
  2.14     Sec. 2.  Minnesota Statutes 1996, section 17.4982, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 18c.  [NONINDIGENOUS STRAIN.] "Nonindigenous strain" 
  2.17  means a species of fish or other aquatic life that: 
  2.18     (1) has an original source outside of this state and 
  2.19  contiguous states; 
  2.20     (2) is an unnaturally occurring hybrid or genetically 
  2.21  engineered species; or 
  2.22     (3) in areas north of marked state highway 210, is a 
  2.23  walleye, the original source of which is from south of marked 
  2.24  state highway 210 or from outside the state. 
  2.25     Sec. 3.  Minnesota Statutes 1996, section 17.4982, is 
  2.26  amended by adding a subdivision to read: 
  2.27     Subd. 18d.  [PROCESSING.] "Processing" means rendering a 
  2.28  species of aquatic life for food, bait, or other purposes so 
  2.29  that it is no longer alive. 
  2.30     Sec. 4.  Minnesota Statutes 1996, section 17.4983, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 8.  [INTERFERENCE PROHIBITED.] A person may not 
  2.33  knowingly damage, disturb, or interfere with legal aquatic farm 
  2.34  operations. 
  2.35     Sec. 5.  Minnesota Statutes 1996, section 17.4998, is 
  2.36  amended to read: 
  3.1      17.4998 [VIOLATIONS; PENALTY.] 
  3.2      Subdivision 1.  [MISDEMEANOR.] Unless a different penalty 
  3.3   is prescribed, a violation of a provision of sections 17.4981 to 
  3.4   17.4997 or a rule of the commissioner governing the operation of 
  3.5   an aquatic farm, private fish hatchery, or quarantine facility 
  3.6   is a misdemeanor. 
  3.7      Subd. 2.  [PETTY MISDEMEANOR.] A first and second 
  3.8   violation, within a three-year period, of sections 17.4981 to 
  3.9   17.4997 or a rule of the commissioner governing the operation of 
  3.10  an aquatic farm, private fish hatchery, or quarantine facility 
  3.11  is a petty misdemeanor if it does not involve intentionally 
  3.12  falsifying records and does not put public waters or other fish 
  3.13  hatchery facilities at risk from harmful nonindigenous species, 
  3.14  nonindigenous strains, or emergency fish diseases. 
  3.15     Subd. 3.  [LICENSE VOID.] The license of a person convicted 
  3.16  of a violation of sections 17.4981 to 17.4997 or a rule of the 
  3.17  commissioner governing the operation of an aquatic farm, private 
  3.18  fish hatchery, or quarantine facility is void for a period of 
  3.19  one year after the conviction if the person is convicted of two 
  3.20  or more misdemeanors within a three-year period.  If the 
  3.21  commissioner determines that the public welfare will not be 
  3.22  injured, the commissioner may reinstate a license voided under 
  3.23  this subdivision. 
  3.24     Sec. 6.  Minnesota Statutes 1996, section 84.0855, is 
  3.25  amended to read: 
  3.26     84.0855 [SPECIAL SALES; RECEIPTS; APPROPRIATION.] 
  3.27     Subdivision 1.  [SALES AUTHORIZED; GIFT CERTIFICATES.] The 
  3.28  commissioner may sell natural resources-related publications and 
  3.29  maps; federal migratory waterfowl, junior duck, and other 
  3.30  federal stamps; and other nature-related merchandise, and may 
  3.31  rent or sell items for the convenience of persons using 
  3.32  department of natural resources facilities or services.  The 
  3.33  commissioner may sell gift certificates for any items rented or 
  3.34  sold.  Notwithstanding section 16A.1285, a fee charged by the 
  3.35  commissioner under this section may include a reasonable amount 
  3.36  in excess of the actual cost to support department of natural 
  4.1   resources programs.  The commissioner may advertise the 
  4.2   availability of a program or item offered under this section.  
  4.3      Subd. 2.  [RECEIPTS; APPROPRIATION.] Money received by the 
  4.4   commissioner of natural resources as fees for seminars or 
  4.5   workshops, from the sale of publications and maps, from the sale 
  4.6   of other natural resource related merchandise, under this 
  4.7   section or to buy supplies for the use of volunteers, may be 
  4.8   credited to one or more special accounts in the state treasury 
  4.9   and is appropriated to the commissioner for the purposes for 
  4.10  which the money was received.  Money received from sales at the 
  4.11  state fair shall be available for state fair related costs.  
  4.12     Sec. 7.  Minnesota Statutes 1996, section 86B.201, is 
  4.13  amended by adding a subdivision to read: 
  4.14     Subd. 3.  [NONMOTORIZED CARRY-ON ACCESS.] A person may 
  4.15  access any public waters through public land with a hand-carried 
  4.16  nonmotorized watercraft. 
  4.17     Sec. 8.  Minnesota Statutes 1996, section 97A.015, is 
  4.18  amended by adding a subdivision to read: 
  4.19     Subd. 37a.  [PROCESSING.] "Processing" means rendering a 
  4.20  species of aquatic life for food, bait, or other purposes so 
  4.21  that it is no longer alive. 
  4.22     Sec. 9.  Minnesota Statutes 1996, section 97A.015, 
  4.23  subdivision 49, is amended to read: 
  4.24     Subd. 49.  [UNDRESSED BIRD.] "Undressed bird" means:  
  4.25     (1) a bird, excluding migratory waterfowl, pheasant, 
  4.26  Hungarian partridge, or grouse, with feet and feathered head 
  4.27  intact; 
  4.28     (2) a migratory waterfowl, excluding geese, with a fully 
  4.29  feathered wing and head attached; or 
  4.30     (3) a pheasant, Hungarian partridge, or grouse with one leg 
  4.31  and foot or the fully feathered head or wing intact; or 
  4.32     (4) a goose with a fully feathered wing attached. 
  4.33     Sec. 10.  Minnesota Statutes 1996, section 97A.015, 
  4.34  subdivision 53, is amended to read: 
  4.35     Subd. 53.  [UNPROTECTED WILD ANIMALS.] "Unprotected wild 
  4.36  animals" means wild animals that are not protected wild animals 
  5.1   including weasel, coyote (brush wolf), gopher, 
  5.2   porcupine, striped skunk, civet cat, and unprotected birds. 
  5.3      Sec. 11.  Minnesota Statutes 1996, section 97A.045, 
  5.4   subdivision 7, is amended to read: 
  5.5      Subd. 7.  [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 
  5.6   (a) The commissioner shall encourage the purchase of: 
  5.7      (1) Minnesota migratory waterfowl stamps by nonhunters 
  5.8   interested in the migratory waterfowl preservation and habitat 
  5.9   development; 
  5.10     (2) pheasant stamps by persons interested in pheasant 
  5.11  habitat improvement; and 
  5.12     (3) trout and salmon stamps by persons interested in trout 
  5.13  and salmon stream and lake improvement; and 
  5.14     (4) turkey stamps by persons interested in wild turkey 
  5.15  management and habitat improvement.  
  5.16     (b) The commissioner shall make rules governing contests 
  5.17  for selecting a design for each stamp. 
  5.18     Sec. 12.  Minnesota Statutes 1996, section 97A.075, 
  5.19  subdivision 3, is amended to read: 
  5.20     Subd. 3.  [TROUT AND SALMON STAMP.] (a) Ninety percent of 
  5.21  the revenue from trout and salmon stamps must be credited to the 
  5.22  trout and salmon management account.  Money in the account may 
  5.23  be used only for: 
  5.24     (1) the development, restoration, maintenance, and 
  5.25  preservation of trout streams and lakes; and 
  5.26     (2) rearing and stocking of trout and salmon and stocking 
  5.27  of trout and salmon in trout streams and lakes and Lake 
  5.28  Superior; 
  5.29     (3) acquisition of easements and fee title along trout 
  5.30  waters; 
  5.31     (4) identifying easement and fee title areas along trout 
  5.32  waters; and 
  5.33     (5) research and special management projects on Lake 
  5.34  Superior and the anadromous portions of its tributaries.  
  5.35     (b) Money in the account may not be used for costs unless 
  5.36  they are directly related to a specific parcel of land or body 
  6.1   of water under paragraph (a) or to specific fish rearing 
  6.2   activities under paragraph (a), clause (2). 
  6.3      Sec. 13.  Minnesota Statutes 1996, section 97A.085, 
  6.4   subdivision 8, is amended to read: 
  6.5      Subd. 8.  [MODIFICATION OR ABANDONMENT.] A state game 
  6.6   refuge may be vacated or modified by the commissioner under the 
  6.7   same procedures required for establishment of the refuge, except 
  6.8   that a refuge established or modified under subdivision 2 or 3 
  6.9   may be vacated or modified following a public hearing as 
  6.10  specified in subdivision 4a.  
  6.11     Sec. 14.  Minnesota Statutes 1996, section 97A.101, is 
  6.12  amended by adding a subdivision to read: 
  6.13     Subd. 4.  [AIRBOATS PROHIBITED.] The use of airboats is 
  6.14  prohibited at all times on lakes designated for wildlife 
  6.15  management purposes under this section. 
  6.16     Sec. 15.  Minnesota Statutes 1996, section 97A.411, 
  6.17  subdivision 3, is amended to read: 
  6.18     Subd. 3.  [ARCHERY DEER LICENSE.] (a) Except as provided in 
  6.19  paragraph paragraphs (b) and c, a license to take deer by 
  6.20  archery, firearms, or muzzleloader issued after the opening of 
  6.21  the related archery, firearms, or muzzleloader deer season, 
  6.22  respectively, is not valid until the fifth second day after it 
  6.23  is issued.  
  6.24     (b) The commissioner may issue a license to take a second 
  6.25  additional deer by archery under section 97B.301, subdivision 4, 
  6.26  that is valid immediately upon issuance. 
  6.27     (c) Paragraph (a) does not apply to deer licenses for 
  6.28  discharged military personnel under section 97A.465, subdivision 
  6.29  4. 
  6.30     Sec. 16.  Minnesota Statutes 1996, section 97A.421, 
  6.31  subdivision 1, is amended to read: 
  6.32     Subdivision 1.  [GENERAL.] (a) The license of a person 
  6.33  convicted of a violation of the game and fish laws relating to 
  6.34  the license or wild animals covered by the license is void when: 
  6.35     (1) a second conviction occurs within three years under a 
  6.36  license to take small game or to take fish by angling or 
  7.1   spearing; 
  7.2      (2) a third conviction occurs within one year under a 
  7.3   minnow dealer's license; 
  7.4      (3) a second conviction occurs within three years for 
  7.5   violations of section 97A.425 that do not involve falsifications 
  7.6   or intentional omissions of information required to be recorded, 
  7.7   or attempts to conceal unlawful acts within the records; or 
  7.8      (4) two or more misdemeanor convictions occur within a 
  7.9   three-year period under a private fish hatchery license; or 
  7.10     (5) the conviction occurs under a license not described in 
  7.11  clause (1) or, (2), or (4) or is for a violation of section 
  7.12  97A.425 not described in clause (3).  
  7.13     (b) Except for big game licenses and as otherwise provided 
  7.14  in this section, for one year after the conviction the person 
  7.15  may not obtain the kind of license relating to the game and fish 
  7.16  law violation.  
  7.17     Sec. 17.  Minnesota Statutes 1996, section 97A.465, 
  7.18  subdivision 4, is amended to read: 
  7.19     Subd. 4.  [DISCHARGED RESIDENT; OBTAINING DEER LICENSE 
  7.20  DURING SEASON.] Notwithstanding section 97A.485, subdivision 9, 
  7.21  A resident who is discharged from the United States armed forces 
  7.22  during, or within ten days before, the firearms deer season may, 
  7.23  upon showing the official discharge paper, obtain a firearm deer 
  7.24  license during the season that is valid immediately upon 
  7.25  issuance.  
  7.26     Sec. 18.  Minnesota Statutes 1996, section 97A.485, 
  7.27  subdivision 9, is amended to read: 
  7.28     Subd. 9.  [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON 
  7.29  OPENS.] (a) The following licenses may not be issued after the 
  7.30  day before the opening of the related firearms season: 
  7.31     (1) to take deer with firearms, except a license to take 
  7.32  more than one deer under section 97B.301, subdivision 4; 
  7.33     (2) to guide bear hunters; and 
  7.34     (3) (2) to guide turkey hunters.  
  7.35     (b) Paragraph (a) does not apply to deer licenses for 
  7.36  discharged military personnel under section 97A.465, subdivision 
  8.1   4.  
  8.2      (c) A nonresident license or tag to take and possess 
  8.3   raccoon, bobcat, Canada lynx, or fox may not be issued after the 
  8.4   fifth day of the open season.  
  8.5      Sec. 19.  Minnesota Statutes 1996, section 97A.485, is 
  8.6   amended by adding a subdivision to read: 
  8.7      Subd. 12.  [YOUTH DEER LICENSE.] The commissioner may, for 
  8.8   a fee of $5, issue to a resident under the age of 16 a license, 
  8.9   without a tag, to take deer with firearms.  A youth holding a 
  8.10  license issued under this subdivision may hunt under the license 
  8.11  only if accompanied by a licensed hunter who is at least 18 
  8.12  years of age and possesses a valid tag.  A deer taken by a youth 
  8.13  holding a license issued under this subdivision must be promptly 
  8.14  tagged by the licensed hunter accompanying the youth.  Section 
  8.15  97B.301, subdivision 6, does not apply to a youth holding a 
  8.16  license issued under this subdivision. 
  8.17     Sec. 20.  Minnesota Statutes 1996, section 97B.035, 
  8.18  subdivision 1, is amended to read: 
  8.19     Subdivision 1.  [HUNTING WITH BOWS RELEASED BY MECHANICAL 
  8.20  DEVICES.] (a) A person may not hunt with a bow drawn, held, or 
  8.21  released by a mechanical device, except with a disabled hunter 
  8.22  permit issued under section 97B.106 or as provided in paragraph 
  8.23  (b).  
  8.24     (b) A person may use a mechanical device attached to the 
  8.25  bowstring if the person's own strength draws, holds, and 
  8.26  releases the bowstring. 
  8.27     Sec. 21.  Minnesota Statutes 1996, section 97B.055, 
  8.28  subdivision 2, is amended to read: 
  8.29     Subd. 2.  [RESTRICTIONS RELATED TO MOTOR VEHICLE.] A person 
  8.30  may not take a wild animal with a firearm or by archery from a 
  8.31  motor vehicle except as permitted in this section.  An archer in 
  8.32  a permitted bow fishing tournament may transport the bow uncased 
  8.33  while in an electric motor-powered boat. 
  8.34     Sec. 22.  Minnesota Statutes 1996, section 97B.106, is 
  8.35  amended to read: 
  8.36     97B.106 [CROSSBOW PERMITS FOR HUNTING.] 
  9.1      (a) [ELIGIBILITY.] The commissioner may issue a special 
  9.2   permit, without a fee, to take big game or turkey with a 
  9.3   crossbow to a person that who is unable to hunt by archery 
  9.4   because of a permanent or temporary physical disability.  
  9.5      (b) [REQUIREMENTS; DISABILITY.] To qualify a person for a 
  9.6   special permit under this section, a temporary disability must 
  9.7   render the person unable to hunt by archery for a minimum of two 
  9.8   years after application for the permit is made.  The permanent 
  9.9   or temporary disability, established by medical evidence, and 
  9.10  the inability to hunt by archery for the required period of time 
  9.11  must be verified in writing by a licensed physician.  The A 
  9.12  person with a permanent disability verified in writing by a 
  9.13  licensed physician may apply for a special permit under this 
  9.14  section that is valid for the life of the permit holder. 
  9.15     (c) [REQUIREMENTS; GENERAL.] A person issued a special 
  9.16  permit under this section must obtain the appropriate license.  
  9.17  The crossbow must:  
  9.18     (1) be fired from the shoulder; 
  9.19     (2) deliver at least 42 foot-pounds of energy at a distance 
  9.20  of ten feet; 
  9.21     (3) have a stock at least 30 inches long; 
  9.22     (4) have a working safety; and 
  9.23     (5) be used with arrows or bolts at least ten inches long 
  9.24  with a broadhead. 
  9.25     (d) A person 65 years of age or older may use a crossbow if 
  9.26  they have medical verification by a physician that they are 
  9.27  unable to hunt with a bow because of a physically weakened 
  9.28  condition.  
  9.29     Sec. 23.  [97B.112] [SPECIAL HUNTS FOR YOUTH.] 
  9.30     The commissioner may by rule establish criteria, special 
  9.31  seasons, and limits for youth hunters to take big game and small 
  9.32  game by firearms or archery in designated areas or times.  The 
  9.33  criteria may also include provisions for an unlicensed adult to 
  9.34  assist a youth hunter during a special season or special hunt 
  9.35  established under this section. 
  9.36     Sec. 24.  Minnesota Statutes 1996, section 97B.211, 
 10.1   subdivision 1, is amended to read: 
 10.2      Subdivision 1.  [POSSESSION OF FIREARMS PROHIBITED.] (a) 
 10.3   Except as provided in paragraph (b) when hunting bear, a person 
 10.4   may not take big game by archery while in possession of a 
 10.5   firearm. 
 10.6      (b) A person may take bear by archery while in possession 
 10.7   of a handgun specified in section 97B.031, subdivision 1. 
 10.8      Sec. 25.  Minnesota Statutes 1996, section 97B.655, 
 10.9   subdivision 1, is amended to read: 
 10.10     Subdivision 1.  [OWNERS AND OCCUPANTS MAY TAKE CERTAIN 
 10.11  ANIMALS.] A person may take mink, squirrel, rabbit, hare, 
 10.12  raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver on land 
 10.13  owned or occupied by the person where the animal is causing 
 10.14  damage.  The person may take the animal without a license and in 
 10.15  any manner except by poison, or artificial lights in the closed 
 10.16  season.  Raccoons may be taken under this subdivision with 
 10.17  artificial lights during open season.  A person that kills mink, 
 10.18  raccoon, lynx, bobcat, fox, muskrat, or beaver under this 
 10.19  subdivision must bring the entire animal to a conservation 
 10.20  officer or employee of the division within 24 hours after the 
 10.21  animal is killed. 
 10.22     Sec. 26.  [97B.926] [PINE MARTIN AND FISHER ZONE.] 
 10.23     Where a combined pine martin and fisher trapping zone 
 10.24  exists, a trapper shall receive the prerequisite tags, but need 
 10.25  only take one of each species. 
 10.26     Sec. 27.  Minnesota Statutes 1996, section 97C.035, 
 10.27  subdivision 1, is amended to read: 
 10.28     Subdivision 1.  [CONDITIONS.] If the commissioner 
 10.29  determines that fish in shallow waters are endangered by lack of 
 10.30  oxygen in the winter in danger of dying, or if waters will be 
 10.31  restored with the use of piscicides, the commissioner shall may 
 10.32  rescue the fish under subdivision 2 or allow taking of the fish 
 10.33  under subdivision 3.  
 10.34     Sec. 28.  Minnesota Statutes 1996, section 97C.211, 
 10.35  subdivision 1, is amended to read: 
 10.36     Subdivision 1.  [LICENSE REQUIRED.] A person may not 
 11.1   operate a private fish hatchery without a private fish hatchery 
 11.2   license.  A private fish hatchery is a facility for raising 
 11.3   fish, including minnows, for sale, stocking waters, angling, or 
 11.4   processing.  A private fish hatchery license is valid for five 
 11.5   years but must be renewed annually. 
 11.6      Sec. 29.  Minnesota Statutes 1996, section 97C.211, is 
 11.7   amended by adding a subdivision to read: 
 11.8      Subd. 6.  [NONPUBLIC RECORDS.] Information on production, 
 11.9   harvest, and sales of aquatic life by a private fish hatchery is 
 11.10  nonpublic information. 
 11.11     Sec. 30.  Minnesota Statutes 1996, section 97C.505, is 
 11.12  amended by adding a subdivision to read: 
 11.13     Subd. 7.  [INTERFERENCE PROHIBITED.] A person may not 
 11.14  knowingly damage, disturb, or interfere with legal commercial 
 11.15  minnow harvest operations. 
 11.16     Sec. 31.  Laws 1993, chapter 273, section 1, as amended by 
 11.17  Laws 1994, chapter 623, article 1, section 41, and Laws 1995, 
 11.18  chapter 186, section 110, is amended to read: 
 11.19     Section 1.  [AUTHORIZATION TO TAKE TWO DEER IN CERTAIN 
 11.20  COUNTIES.] 
 11.21     Notwithstanding Minnesota Statutes, section 97B.301, 
 11.22  subdivision 2, during the 1994, 1995, and 1996 1997 and 1998 
 11.23  hunting seasons in Kittson, Lake of the Woods, Marshall, 
 11.24  Pennington, and Roseau counties a person may obtain one firearms 
 11.25  deer license and one archery deer license in the same license 
 11.26  year and may take one deer under each license. 
 11.27     Sec. 32.  Laws 1996, chapter 410, section 56, is amended to 
 11.28  read: 
 11.29     Sec. 56.  [PERSONAL FLOTATION DEVICE RULES; VIOLATIONS.] 
 11.30     A violation prior to May 1, 1997, of requirements added in 
 11.31  the proposed rule published in the State Register, Volume 19, 
 11.32  Number 45, pages 2207 to 2210, May 8, 1995, and subsequently 
 11.33  adopted on October 2, 1995, shall not result in a penalty, but 
 11.34  is punishable only by a safety warning. 
 11.35     Sec. 33.  [STUDY.] 
 11.36     The commissioner of natural resources must survey the 
 12.1   department's region two area and identify a possible one-way 
 12.2   circular trail system for snowmobile use.  A recommendation must 
 12.3   be made to the 1998 legislature. 
 12.4      Sec. 34.  [REPEALER.] 
 12.5      Minnesota Statutes 1996, section 97A.111, is repealed. 
 12.6      Sec. 35.  [EFFECTIVE DATE.] 
 12.7      Section 6 is effective the day following final enactment. 
 12.8                              ARTICLE 2 
 12.9                       FISH AND GAME PROVISIONS 
 12.10     Section 1.  Minnesota Statutes 1996, section 17.4988, is 
 12.11  amended to read: 
 12.12     17.4988 [LICENSE AND INSPECTION FEES.] 
 12.13     Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A permit or 
 12.14  license must be issued by the commissioner if the requirements 
 12.15  of law are met and the license and permit fees specified in this 
 12.16  section are paid. 
 12.17     Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
 12.18  an aquatic farming license is $275. 
 12.19     (b) The aquatic farming license may contain endorsements 
 12.20  for the rights and privileges of the following licenses under 
 12.21  the game and fish laws.  The endorsement must be made upon 
 12.22  payment of the license fee prescribed in section 97A.475 for the 
 12.23  following licenses: 
 12.24     (1) minnow dealer license; 
 12.25     (2) minnow retailer license for sale of minnows as bait; 
 12.26     (3) minnow exporting license; 
 12.27     (4) minnow dealer helper license; 
 12.28     (5) aquatic farm vehicle endorsement, which includes a 
 12.29  minnow dealer vehicle license, a minnow retailer vehicle 
 12.30  license, an exporting minnow hauler dealer's vehicle license, 
 12.31  and a fish vendor vehicle license; 
 12.32     (6) (5) sucker egg taking license; and 
 12.33     (7) (6) game fish packers license. 
 12.34     Subd. 3.  [INSPECTION FEES.] The fees for the following 
 12.35  inspections are:  
 12.36     (1) initial inspection of each water to be licensed, $50; 
 13.1      (2) fish health inspection and certification, $20 
 13.2   plus $80 $100 per lot thereafter; and 
 13.3      (3) initial inspection for containment and quarantine 
 13.4   facility inspections, $50. 
 13.5      Subd. 4.  [AQUARIUM FACILITY.] (a) A person operating a 
 13.6   commercial aquarium facility must have a commercial aquarium 
 13.7   facility license issued by the commissioner if the facility 
 13.8   contains species of aquatic life that are for sale and that are 
 13.9   present in waters of the state.  The commissioner may require an 
 13.10  aquarium facility license for aquarium facilities importing or 
 13.11  holding species of aquatic life that are for sale and that are 
 13.12  not present in Minnesota if those species can survive in waters 
 13.13  of the state.  The fee for an aquarium facility license 
 13.14  is $15 $19. 
 13.15     (b) Game fish transferred by an aquarium facility must be 
 13.16  accompanied by a receipt containing the information required on 
 13.17  a shipping document by section 17.4985, subdivision 3, paragraph 
 13.18  (b). 
 13.19     Sec. 2.  Minnesota Statutes 1996, section 97A.028, 
 13.20  subdivision 1, is amended to read: 
 13.21     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 13.22  subdivision apply to this section. 
 13.23     (b) "Agricultural crops" means annually seeded crops, 
 13.24  legumes, fruit orchards, tree farms and nurseries, turf farms, 
 13.25  and apiaries. 
 13.26     (c) "Parcel" has the meaning given in section 272.03, 
 13.27  subdivision 6. 
 13.28     (d) "Specialty crops" means fruit orchards, vegetables, 
 13.29  tree farms and nurseries, turf farms, and apiaries. 
 13.30     (e) "Stored forage crops" means hay, silage, grain, or 
 13.31  other crops that have been harvested and placed in storage for 
 13.32  commercial livestock feeding. 
 13.33     Sec. 3.  Minnesota Statutes 1996, section 97A.028, 
 13.34  subdivision 3, is amended to read: 
 13.35     Subd. 3.  [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 
 13.36  For the purposes of this subdivision, "cooperative damage 
 14.1   management agreement" means an agreement between a landowner or 
 14.2   tenant and the commissioner that establishes a program for 
 14.3   addressing the problem of destruction of the landowner's or 
 14.4   tenant's specialty crops or stored forage crops by wild animals, 
 14.5   or destruction of agricultural crops by flightless Canada geese. 
 14.6      (b) A landowner or tenant may apply to the commissioner for 
 14.7   emergency deterrent materials assistance in controlling 
 14.8   destruction of the landowner's or tenant's specialty crops or 
 14.9   stored forage crops by wild animals, or destruction of 
 14.10  agricultural crops by flightless Canada geese.  Subject to the 
 14.11  availability of money appropriated for this purpose, the 
 14.12  commissioner shall provide suitable deterrent materials when the 
 14.13  commissioner determines that: 
 14.14     (1) immediate action is necessary to prevent significant 
 14.15  damage from continuing; and 
 14.16     (2) a cooperative damage management agreement cannot be 
 14.17  implemented immediately. 
 14.18     (c) A person may receive emergency deterrent materials 
 14.19  assistance under this subdivision more than once, but the 
 14.20  cumulative total value of deterrent materials provided to a 
 14.21  person, or for use on a parcel, may not exceed $3,000 for 
 14.22  specialty crops, $1,500 for stored forage crops, or $500 for 
 14.23  agricultural crops damaged by flightless Canada geese.  If a 
 14.24  person is a coowner or cotenant with respect to the specialty 
 14.25  crops for which the deterrent materials are provided, the 
 14.26  deterrent materials are deemed to be "provided" to the person 
 14.27  for the purposes of this paragraph. 
 14.28     (d) As a condition of receiving emergency deterrent 
 14.29  materials assistance under this subdivision, a landowner or 
 14.30  tenant shall enter into a cooperative damage management 
 14.31  agreement with the commissioner.  Deterrent materials provided 
 14.32  by the commissioner may include repellents, fencing materials, 
 14.33  or other materials recommended in the agreement to alleviate the 
 14.34  damage problem.  If requested by a landowner or tenant, any 
 14.35  fencing materials provided must be capable of providing 
 14.36  long-term protection of specialty crops.  A landowner or tenant 
 15.1   who receives emergency deterrent materials assistance under this 
 15.2   subdivision shall comply with the terms of the cooperative 
 15.3   damage management agreement. 
 15.4      Sec. 4.  Minnesota Statutes 1996, section 97A.075, 
 15.5   subdivision 1, is amended to read: 
 15.6      Subdivision 1.  [DEER AND BEAR LICENSES.] (a) For purposes 
 15.7   of this subdivision, "deer license" means a license issued under 
 15.8   section sections 97A.475, subdivisions 2, clauses (4) and, 
 15.9   (5), and (9), and 3, clauses (2) and, (3), and (7), and 97B.301, 
 15.10  subdivision 4.  
 15.11     (b) At least $2 from each deer license shall be used for 
 15.12  deer habitat improvement or deer management programs.  
 15.13     (c) At least $1 from each resident deer license and each 
 15.14  resident bear license shall be used for deer and bear management 
 15.15  programs, including a computerized licensing system.  Fifty 
 15.16  cents from each resident deer license is appropriated for 
 15.17  emergency deer feeding.  Money appropriated for emergency deer 
 15.18  feeding is available until expended.  When the unencumbered 
 15.19  balance in the appropriation for emergency deer feeding at the 
 15.20  end of a fiscal year exceeds $750,000, $750,000 is canceled to 
 15.21  the unappropriated balance of the game and fish fund and the 
 15.22  amount appropriated for emergency deer feeding is reduced to 25 
 15.23  cents from each resident deer license. 
 15.24     Sec. 5.  Minnesota Statutes 1996, section 97A.475, is 
 15.25  amended to read: 
 15.26     97A.475 [LICENSE FEES.] 
 15.27     Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A license 
 15.28  shall be issued when the requirements of the law are met and the 
 15.29  license fee specified in this section is paid.  
 15.30     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
 15.31  licenses, to be issued to residents only, are: 
 15.32     (1) for persons under age 65 to take small game, $10; 
 15.33     (2) for persons age 65 or over, $5; 
 15.34     (3) to take turkey, $16; 
 15.35     (4) to take deer with firearms, $22; 
 15.36     (5) to take deer by archery, $22; 
 16.1      (6) to take moose, for a party of not more than six 
 16.2   persons, $275; 
 16.3      (7) to take bear, $33; 
 16.4      (8) to take elk, for a party of not more than two persons, 
 16.5   $220; and 
 16.6      (9) to take antlered deer in more than one zone, $44; and 
 16.7      (10) to take Canada geese during a special season, $3.  
 16.8      Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
 16.9   licenses, to be issued to nonresidents, are: 
 16.10     (1) to take small game, $56; 
 16.11     (2) to take deer with firearms, $110; 
 16.12     (3) to take deer by archery, $110; 
 16.13     (4) to take bear, $165; 
 16.14     (5) to take turkey, $56; 
 16.15     (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; 
 16.16  and 
 16.17     (7) to take antlered deer in more than one zone, $220; and 
 16.18     (8) to take Canada geese during a special season, $3. 
 16.19     Subd. 4.  [SMALL GAME SURCHARGE.] Fees for licenses to take 
 16.20  small game must be increased by a surcharge of $4.  An 
 16.21  additional commission may not be assessed on the surcharge and 
 16.22  this must be stated on the back of the license with the 
 16.23  following statement:  "This $4 surcharge is being paid by 
 16.24  hunters for the acquisition and development of wildlife lands."  
 16.25     Subd. 5.  [HUNTING STAMPS.] Fees for the following stamps 
 16.26  are: 
 16.27     (1) migratory waterfowl stamp, $5; 
 16.28     (2) pheasant stamp, $5; and 
 16.29     (3) turkey stamp, $5.  
 16.30     Subd. 6.  [RESIDENT FISHING.] Fees for the following 
 16.31  licenses, to be issued to residents only, are: 
 16.32     (1) to take fish by angling, for persons under age 
 16.33  65, $13 $16; 
 16.34     (2) to take fish by angling, for persons age 65 and over, 
 16.35  $4.50 $6; 
 16.36     (3) to take fish by angling, for a combined license for a 
 17.1   married couple, $17.50 $24; 
 17.2      (4) to take fish by spearing from a dark house, $13 $16; 
 17.3   and 
 17.4      (5) to take fish by angling for a 24-hour period selected 
 17.5   by the licensee, $7.50 $8.50. 
 17.6      Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
 17.7   licenses, to be issued to nonresidents, are: 
 17.8      (1) to take fish by angling, $27.50 $35; 
 17.9      (2) to take fish by angling limited to seven consecutive 
 17.10  days selected by the licensee, $19 $24; 
 17.11     (3) to take fish by angling for a 72-hour period selected 
 17.12  by the licensee, $16 $20; 
 17.13     (4) to take fish by angling for a combined license for a 
 17.14  family, $37.50 $50; 
 17.15     (5) to take fish by angling for a 24-hour period selected 
 17.16  by the licensee, $7.50 $8.50; and 
 17.17     (6) to take fish by angling for a combined license for a 
 17.18  married couple, limited to 14 consecutive days selected by one 
 17.19  of the licensees, $27.50 $35. 
 17.20     Subd. 8.  [MINNESOTA SPORTING.] The commissioner shall 
 17.21  issue Minnesota sporting licenses to residents only.  The 
 17.22  licensee may take fish by angling and small game.  The fee for 
 17.23  the license is:  
 17.24     (1) for an individual, $17.50 $22.50; and 
 17.25     (2) for a combined license for a married couple to take 
 17.26  fish and for one spouse to take small game, $24 $31.50.  
 17.27     Subd. 10.  [TROUT AND SALMON STAMP.] The fee for a trout 
 17.28  and salmon stamp is $5 $8.50.  
 17.29     Subd. 11.  [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 
 17.30  for the following licenses are: 
 17.31     (1) for a fish house or dark house that is not 
 17.32  rented, $9 $11.50; and 
 17.33     (2) for a fish house or dark house that is 
 17.34  rented, $20 $25.50. 
 17.35     Subd. 12.  [FISH HOUSES; NONRESIDENT.] Fees for fish house 
 17.36  licenses for a nonresident are:  
 18.1      (1) annual, $27.50 $31.50; and 
 18.2      (2) seven consecutive days, $16.50 $18. 
 18.3      Subd. 13.  [NETTING WHITEFISH AND CISCOES FOR PERSONAL 
 18.4   CONSUMPTION.] The fee for a license to net whitefish and ciscoes 
 18.5   in inland lakes and international waters for personal 
 18.6   consumption is, for each net, $8 $10. 
 18.7      Subd. 14.  [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.] 
 18.8   The fee for a license to take rough fish for domestic use with a 
 18.9   set line in the Minnesota and Mississippi rivers is $14.50. 
 18.10     Subd. 15.  [LAKE SUPERIOR FISHING GUIDES.] The fee for a 
 18.11  license to operate a charter boat and guide anglers on Lake 
 18.12  Superior is: 
 18.13     (1) for a resident, $27.50 $35; 
 18.14     (2) for a nonresident, $110 $140; or 
 18.15     (3) if another state charges a Minnesota resident a fee 
 18.16  greater than $100 $140 for a Lake Superior fishing guide license 
 18.17  in that state, the nonresident fee for a resident of that state 
 18.18  is that greater fee.  
 18.19     Subd. 16.  [RESIDENT HUNTING GUIDES.] The fees for the 
 18.20  following resident guide licenses are: 
 18.21     (1) to guide bear hunters, $82.50 $105; and 
 18.22     (2) to guide turkey hunters, $22.  
 18.23     Subd. 18.  [SHOOTING PRESERVES.] The fee for a shooting 
 18.24  preserve license is:  
 18.25     (1) for a private shooting preserve, $100; and 
 18.26     (2) for a commercial shooting preserve, $500. 
 18.27     Subd. 19.  [TAXIDERMISTS.] The fee for a taxidermist 
 18.28  license, to be issued for a three-year period to residents only, 
 18.29  is: 
 18.30     (1) for persons age 18 and older, $44 $56; and 
 18.31     (2) for persons under age 18, $27.50.  
 18.32     Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
 18.33  trap fur-bearing animals is: 
 18.34     (1) for persons over age 13 and under age 18, $5.50; and 
 18.35     (2) for persons age 18 and older, $18.  
 18.36     Subd. 21.  [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee 
 19.1   for a license for a resident to buy and sell raw furs is 
 19.2   $110 $140.  
 19.3      (b) The fee for a supplemental license to buy and sell furs 
 19.4   is $55 $65. 
 19.5      Subd. 22.  [FUR BUYING AND SELLING; NONRESIDENTS.] The fee 
 19.6   for a license for a nonresident to buy and sell raw furs is 
 19.7   $500 $600. 
 19.8      Subd. 23.  [RAW FUR TANNING.] The fee for a license to tan 
 19.9   and dress raw furs to be issued to residents and nonresidents 
 19.10  is $16.50 $21.  
 19.11     Subd. 24.  [GAME AND FUR FARMS.] The fee for a game and fur 
 19.12  farm license is $16.50 $20. 
 19.13     Subd. 25.  [MUSKRAT FARMS.] The fee for a muskrat farm 
 19.14  license is $11.  
 19.15     Subd. 26.  [MINNOW DEALERS.] The fees for the following 
 19.16  licenses are:  
 19.17     (1) minnow dealer, $77 $100; 
 19.18     (2) minnow dealer's helper, $5.50; 
 19.19     (3) minnow dealer's vehicle, $11 $15; 
 19.20     (4) (3) exporting minnow dealer, $275 $350; and 
 19.21     (5) (4) exporting minnow dealer's vehicle, $11 $15.  
 19.22     Subd. 27.  [MINNOW RETAILERS.] The fees for the following 
 19.23  licenses, to be issued to residents and nonresidents, are: 
 19.24     (1) minnow retailer, $11 $15; and 
 19.25     (2) minnow retailer's vehicle, $11 $15.  
 19.26     Subd. 28.  [NONRESIDENT MINNOW HAULERS.] The fees for the 
 19.27  following licenses, to be issued to nonresidents, are: 
 19.28     (1) exporting minnow hauler, $525 $675; and 
 19.29     (2) exporting minnow hauler's vehicle, $11 $15.  
 19.30     Subd. 29.  [PRIVATE FISH HATCHERIES.] The fees for the 
 19.31  following licenses to be issued to residents and nonresidents 
 19.32  are:  
 19.33     (1) for a private fish hatchery, with annual sales under 
 19.34  $200, $27.50 $35; 
 19.35     (2) for a private fish hatchery, with annual sales of $200 
 19.36  or more, $55 $70; and 
 20.1      (3) to take sucker eggs from public waters for a private 
 20.2   fish hatchery, $165 $210, plus $3 $4 for each quart in excess of 
 20.3   100 quarts.  
 20.4      Subd. 30.  [COMMERCIAL NETTING OF FISH IN INLAND WATERS.] 
 20.5   The fee for a license fees to net take commercial fish in 
 20.6   inland waters, to be issued to residents and nonresidents, is 
 20.7   $70 plus are: 
 20.8      (1) commercial license fees: 
 20.9      (i) for each hoop net pocket, $1 residents and nonresidents 
 20.10  seining and netting in inland waters, $90; 
 20.11     (2) (ii) for each 1,000 feet of seine, $16.50 residents 
 20.12  netting in Lake Superior, $50; and 
 20.13     (3) (iii) for each apprentice license, $25. residents 
 20.14  netting in Lake of the Woods, Rainy, Namakan, and Sand Point 
 20.15  lakes, $50; 
 20.16     (iv) for residents seining in the Mississippi River from St.
 20.17  Anthony Falls to the St. Croix River junction, $50; 
 20.18     (v) for residents seining, netting, and set lining in 
 20.19  Wisconsin boundary waters from Lake St. Croix to the Iowa 
 20.20  border, $50; and 
 20.21     (vi) for a resident apprentice license, $25; and 
 20.22     (2) commercial gear fees: 
 20.23     (i) for each gill net in Lake Superior, Wisconsin boundary 
 20.24  waters, and Namakan Lake, $3.50 per 100 feet of net; 
 20.25     (ii) for each seine in inland waters, on the Mississippi 
 20.26  River as described in section 97C.801, subdivision 2, and in 
 20.27  Wisconsin boundary waters, $7 per 100 feet; 
 20.28     (iii) for each commercial hoop net in inland waters, $1.25; 
 20.29     (iv) for each submerged fyke, trap, and hoop net in Lake 
 20.30  Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
 20.31  Namakan, and Sand Point lakes, and for each pound net in Lake 
 20.32  Superior, $15; 
 20.33     (v) for each stake and pound net in Lake of the Woods, $60; 
 20.34     (vi) for each set line in the Wisconsin boundary waters, 
 20.35  $20; and 
 20.36     (vii) for each trawl used in Lake Superior, $50.  
 21.1      Subd. 31.  [COMMERCIAL NETTING OF FISH IN LAKE OF THE 
 21.2   WOODS.] The fee for a license to commercially net fish in Lake 
 21.3   of the Woods is: 
 21.4      (1) for each pound net or staked trap net, $49.50; 
 21.5      (2) for each fyke net, $11, plus $5 for each two-foot 
 21.6   segment, or fraction, of the wings or lead in excess of four 
 21.7   feet in height; 
 21.8      (3) for each 100 feet of gill net, $2.75; 
 21.9      (4) for each submerged trap net, $16.50; and 
 21.10     (5) for each apprentice license, $25.  
 21.11     Subd. 32.  [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The 
 21.12  fee for a license to commercially net fish in Rainy Lake is: 
 21.13     (1) for each pound net, $49.50; 
 21.14     (2) for each 100 feet of gill net, $2.75; and 
 21.15     (3) for each apprentice license, $25.  
 21.16     Subd. 33.  [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND 
 21.17  POINT LAKES.] The fee for a license to commercially net fish in 
 21.18  Namakan Lake and Sand Point Lake is: 
 21.19     (1) for each 100 feet of gill net, $1.75; 
 21.20     (2) for each pound, fyke, and submerged trap net, $16.50; 
 21.21  and 
 21.22     (3) for each apprentice license, $25.  
 21.23     Subd. 34.  [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN 
 21.24  THE MISSISSIPPI RIVER.] (a) The fee for a license to 
 21.25  commercially seine rough fish in the Mississippi river from St. 
 21.26  Anthony Falls to the St. Croix river junction is: 
 21.27     (1) for a seine not exceeding 500 feet, $27.50; or 
 21.28     (2) for a seine over 500 feet, $44, plus $2 for each 100 
 21.29  foot segment or fraction over 1,000 feet.  
 21.30     (b) The fee for each apprentice license issued under 
 21.31  paragraph (a) is $25.  
 21.32     Subd. 35.  [COMMERCIAL SEINING OF FISH IN WISCONSIN 
 21.33  BOUNDARY WATERS.] The fee for a license to commercially seine 
 21.34  fish in the boundary waters between Wisconsin and Minnesota from 
 21.35  Taylors Falls to the Iowa border is: 
 21.36     (1) for a seine not exceeding 500 feet, $27.50; or 
 22.1      (2) for a seine over 500 feet, $44, plus $2.50 for each 100 
 22.2   feet over 1,000 feet; and 
 22.3      (3) for each apprentice license to be issued to residents, 
 22.4   $25.  
 22.5      Subd. 36.  [COMMERCIAL NETTING IN WISCONSIN BOUNDARY 
 22.6   WATERS.] The fee for a license to commercially net in the 
 22.7   boundary waters between Wisconsin and Minnesota from Lake St. 
 22.8   Croix to the Iowa border is: 
 22.9      (1) for each gill net not exceeding 500 feet, $14.50; 
 22.10     (2) for each gill net over 500 feet, $27.50; 
 22.11     (3) for each fyke net and hoop net, $11; 
 22.12     (4) for each bait net, $1.75; 
 22.13     (5) for each turtle net, $1.75; 
 22.14     (6) for each set line identification tag, $14.50; and 
 22.15     (7) for each apprentice license to be issued to residents, 
 22.16  $25.  
 22.17     Subd. 37.  [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.] 
 22.18  The fee for a license to commercially net fish in Lake Superior 
 22.19  is: 
 22.20     (1) for each gill net, $77 plus $2 for each 1,000 feet over 
 22.21  1,000 feet; 
 22.22     (2) for a pound or trap net, $77 plus $2 for each 
 22.23  additional pound or trap net; and 
 22.24     (3) for each apprentice license, $25.  
 22.25     Subd. 38.  [FISH BUYERS.] The fees for licenses to buy fish 
 22.26  from commercial fishing licensees to be issued residents and 
 22.27  nonresidents are: 
 22.28     (1) for Lake Superior fish bought for sale to retailers, 
 22.29  $55 $70; 
 22.30     (2) for Lake Superior fish bought for sale to consumers, 
 22.31  $11 $15; 
 22.32     (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 22.33  Lake fish bought for sale to retailers, $110 $140; and 
 22.34     (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 22.35  Lake fish bought for shipment only on international boundary 
 22.36  waters, $11 $15.  
 23.1      Subd. 39.  [FISH PACKER.] The fee for a license to prepare 
 23.2   dressed game fish for transportation or shipment is $14.50 $20. 
 23.3      Subd. 40.  [FISH VENDORS.] The fee for a license to use a 
 23.4   motor vehicle to sell fish is $27.50 $35.  
 23.5      Subd. 41.  [TURTLE SELLERS.] The fee for a license to take, 
 23.6   transport, purchase, and possess turtles for sale is $55 $70.  
 23.7      Subd. 42.  [FROG DEALERS.] The fee for the licenses to deal 
 23.8   in frogs that are to be used for purposes other than bait are: 
 23.9      (1) for a resident to purchase, possess, and transport 
 23.10  frogs, $77 $100; 
 23.11     (2) for a nonresident to purchase, possess, and transport 
 23.12  frogs, $220 $280; and 
 23.13     (3) for a resident to take, possess, transport, and sell 
 23.14  frogs, $11 $15. 
 23.15     Subd. 43.  [DUPLICATE LICENSES.] The fees for duplicate 
 23.16  licenses are: 
 23.17     (1) for licenses to take big game, $5; and 
 23.18     (2) for other licenses, $2. 
 23.19     Sec. 6.  Minnesota Statutes 1996, section 97A.485, 
 23.20  subdivision 6, is amended to read: 
 23.21     Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
 23.22  Persons authorized to sell licenses under this section must sell 
 23.23  the following licenses for the license fee and the following 
 23.24  issuing fees:  
 23.25     (1) to take deer or bear with firearms and by archery, the 
 23.26  issuing fee is $1; 
 23.27     (2) Minnesota sporting, the issuing fee is $1; and 
 23.28     (3) to take small game, for a person under age 65 to take 
 23.29  fish by angling or for a person of any age to take fish by 
 23.30  spearing, and to trap fur-bearing animals, the issuing fee is 
 23.31  $1; 
 23.32     (4) for a trout and salmon stamp that is not issued 
 23.33  simultaneously with an angling or sporting license, an issuing 
 23.34  fee of 50 cents may be charged at the discretion of the 
 23.35  authorized seller; and 
 23.36     (5) for stamps other than a trout and salmon stamp, and for 
 24.1   a special season Canada goose license, there is no fee. 
 24.2      (b) An issuing fee may not be collected for issuance of a 
 24.3   trout and salmon stamp if a stamp is issued simultaneously with 
 24.4   the related angling or sporting license.  Only one issuing fee 
 24.5   may be collected when selling more than one trout and salmon 
 24.6   stamp in the same transaction after the end of the season for 
 24.7   which the stamp was issued. 
 24.8      (c) The auditor or subagent shall keep the issuing fee as a 
 24.9   commission for selling the licenses.  
 24.10     (d) The commissioner shall collect the issuing fee on 
 24.11  licenses sold by the commissioner. 
 24.12     (e) A license, except stamps, must state the amount of the 
 24.13  issuing fee and that the issuing fee is kept by the seller as a 
 24.14  commission for selling the licenses. 
 24.15     (f) For duplicate licenses, the issuing fees are: 
 24.16     (1) for licenses to take big game, 75 cents; and 
 24.17     (2) for other licenses, 50 cents. 
 24.18     Sec. 7.  [97B.802] [SPECIAL CANADA GOOSE SEASON LICENSE 
 24.19  REQUIRED.] 
 24.20     Except as provided in this section, a person required to 
 24.21  possess a small game license may not take Canada geese during a 
 24.22  special season without a valid special season Canada goose 
 24.23  license in possession.  Residents under age 18 or over age 65 
 24.24  and persons hunting on their own property are not required to 
 24.25  possess the license. 
 24.26     Sec. 8.  Minnesota Statutes 1996, section 97C.321, 
 24.27  subdivision 1, is amended to read: 
 24.28     Subdivision 1.  [GENERAL PROHIBITION.] A person may not 
 24.29  take fish by angling with a set line or an unattended line 
 24.30  except as provided in this section and section 97C.801 Minnesota 
 24.31  Rules, part 6266.0600, subpart 4. 
 24.32     Sec. 9.  Minnesota Statutes 1996, section 97C.501, 
 24.33  subdivision 2, is amended to read: 
 24.34     Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
 24.35  minnow dealer without a minnow dealer license except as provided 
 24.36  in subdivision 3. 
 25.1      (b) A minnow dealer must obtain a minnow dealer's helper 
 25.2   license for each person employed to take, buy, sell, or 
 25.3   transport minnows by the minnow dealer.  The minnow dealer may 
 25.4   transfer a helper's license from a former helper to a new helper.
 25.5      (c) A minnow dealer must obtain a minnow dealer's vehicle 
 25.6   license for each motor vehicle used to transport minnows.  The 
 25.7   serial number, motor vehicle license number, make, and model 
 25.8   must be on the license.  The license must be conspicuously 
 25.9   displayed in the vehicle.  
 25.10     (d) (c) A minnow dealer may not transport minnows out of 
 25.11  the state without an exporting minnow dealer license.  A minnow 
 25.12  dealer must obtain an exporting minnow dealer's vehicle license 
 25.13  for each motor vehicle used to transport minnows out of the 
 25.14  state.  The serial number, motor vehicle license number, make, 
 25.15  and model must be on the license.  The license must be 
 25.16  conspicuously displayed in the vehicle.  
 25.17     Sec. 10.  Minnesota Statutes 1996, section 97C.801, 
 25.18  subdivision 2, is amended to read: 
 25.19     Subd. 2.  [COMMERCIAL FISH NETTING AND SET LINES ON 
 25.20  MISSISSIPPI RIVER.] (a) A license is required to commercially 
 25.21  take rough fish with seines and set lines in the Mississippi 
 25.22  river from the St. Croix river junction to St. Anthony Falls.  
 25.23     (b) A person may take rough fish in the Mississippi river, 
 25.24  from the St. Croix river junction to St. Anthony Falls, only 
 25.25  with the following equipment and methods: 
 25.26     (1) operations shall be conducted only in the flowing 
 25.27  waters of the river and in tributary backwaters prescribed by 
 25.28  the commissioner; 
 25.29     (2) only one set line may be used that has an 
 25.30  identification tag and not more than 100 hooks; 
 25.31     (3) seines may be used only as prescribed by this section 
 25.32  and rules adopted by the commissioner; 
 25.33     (4) (3) seines must be hauled to a landing immediately 
 25.34  after being placed; 
 25.35     (5) (4) two seines may not be joined together in the water; 
 25.36  and 
 26.1      (6) (5) a net seine may not be raised, laid out, or 
 26.2   landed, between sunset and sunrise; and 
 26.3      (7) the location of a net or seine may not be changed from 
 26.4   the place specified in the license application without notifying 
 26.5   the commissioner of the proposed change.  
 26.6      Sec. 11.  Minnesota Statutes 1996, section 97C.835, is 
 26.7   amended by adding a subdivision to read: 
 26.8      Subd. 9.  [TRAWLS IN LAKE SUPERIOR.] (a) This subdivision 
 26.9   applies to the use of trawls in Lake Superior.  
 26.10     (b) Up to five persons may be licensed to use a single 
 26.11  trawl to take fish species listed in subdivision 2.  Trawls must 
 26.12  not exceed a size determined by a headrope of 115 feet, the mesh 
 26.13  of the webbing in the cod shall be no smaller than 3/4 inch 
 26.14  stretch measure, and forward body wing mesh size shall be no 
 26.15  smaller than two inches stretch measure. 
 26.16     (c) All live game fish species must be immediately returned 
 26.17  to the water.  Dead lake trout may be possessed if they are 
 26.18  tagged with tags issued by the commissioner.  All untagged dead 
 26.19  lake trout and all other dead game fish species must be returned 
 26.20  to the water.  
 26.21     (d) All fish taken, whether retained by the licensee or 
 26.22  returned to the lake, must be received by the Lake Superior area 
 26.23  fisheries office before the tenth day of the following month.  
 26.24  The commissioner must provide the licensee with the necessary 
 26.25  reporting forms. 
 26.26     (e) During the closed season for herring, all trawling must 
 26.27  be restricted to a water depth of 20 fathoms or greater. 
 26.28     (f) The commissioner of natural resources may require a 
 26.29  licensee to notify the Lake Superior area fisheries office of 
 26.30  trawling activities.  
 26.31     (g) The commissioner of natural resources may suspend 
 26.32  trawling operations to protect aquatic resources and prevent 
 26.33  conflicts with other lawful activities.  
 26.34     Sec. 12.  [REPEALER.] 
 26.35     Minnesota Statutes 1996, sections 97A.475, subdivisions 14, 
 26.36  25, 31, 32, 33, 34, 35, 36, and 37; and 97C.801, subdivision 1, 
 27.1   are repealed.