HF 683

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; extending protected status 
  1.3             to and authorizing seasons on certain wild animals; 
  1.4             dating of short-term nonresident angling licenses; 
  1.5             clarifying the age for trapping without a license; 
  1.6             posting of waters to prohibit fishing or motorboat 
  1.7             operation; adjusting opening and closing dates of 
  1.8             various seasons for taking fish; removing time limits 
  1.9             on sale of fish by commercial licensees; amending 
  1.10            Minnesota Statutes 1994, sections 97A.015, 
  1.11            subdivisions 45 and 53; 97A.411, subdivision 1; 
  1.12            97A.451, subdivision 3; 97B.605; 97B.655, subdivision 
  1.13            1; 97C.025; 97C.321, subdivision 2; 97C.345, 
  1.14            subdivisions 1, 2, and 3; 97C.371, subdivision 4; 
  1.15            97C.395, subdivision 1; and 97C.821; proposing coding 
  1.16            for new law in Minnesota Statutes, chapter 97B; 
  1.17            repealing Minnesota Statutes 1994, section 97B.301, 
  1.18            subdivision 5. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 1994, section 97A.015, 
  1.21  subdivision 45, is amended to read: 
  1.22     Subd. 45.  [SMALL GAME.] "Small game" means game birds, 
  1.23  gray squirrel, fox squirrel, cottontail rabbit, least weasel, 
  1.24  short-tailed weasel, long-tailed weasel, spotted skunk (civet 
  1.25  cat), snowshoe hare, jack rabbit, raccoon, lynx, bobcat, red fox 
  1.26  and gray fox, fisher, pine marten, opossum, badger, cougar, 
  1.27  wolverine, muskrat, mink, otter, and beaver. 
  1.28     Sec. 2.  Minnesota Statutes 1994, section 97A.015, 
  1.29  subdivision 53, is amended to read: 
  1.30     Subd. 53.  [UNPROTECTED WILD ANIMALS.] "Unprotected wild 
  1.31  animals" means wild animals that are not protected wild animals 
  1.32  including weasel, coyote (brush wolf), gopher, porcupine, skunk, 
  2.1   civet cat, and unprotected birds. 
  2.2      Sec. 3.  Minnesota Statutes 1994, section 97A.411, 
  2.3   subdivision 1, is amended to read: 
  2.4      Subdivision 1.  [LICENSE PERIOD.] A license is valid during 
  2.5   the lawful time within the license year that the licensed 
  2.6   activity may be performed.  A license year begins on the first 
  2.7   day of March and ends on the last day of February.  An angling 
  2.8   license issued for a limited term of hours or days shall be 
  2.9   dated to commence on 12:01 a.m. on that date selected by the 
  2.10  licensee, provided that the license term is within season 
  2.11  opening and closing dates. 
  2.12     Sec. 4.  Minnesota Statutes 1994, section 97A.451, 
  2.13  subdivision 3, is amended to read: 
  2.14     Subd. 3.  [PERSONS UNDER AGE 16; SMALL GAME.] (a) A person 
  2.15  under age 16 may not obtain a small game license but may take 
  2.16  small game by firearms or bow and arrow without a license if the 
  2.17  person is a resident: 
  2.18     (1) age 14 or 15 and possesses a firearms safety 
  2.19  certificate; 
  2.20     (2) age 13, possesses a firearms safety certificate, and is 
  2.21  accompanied by a parent or guardian; or 
  2.22     (3) age 12 or under and is accompanied by a parent or 
  2.23  guardian.  
  2.24     (b) A resident under age 16 may take small game by trapping 
  2.25  without a small game license, but a resident over age 13 years 
  2.26  of age or older must have a trapping license.  A resident under 
  2.27  age 14 13 may trap without a trapping license.  
  2.28     Sec. 5.  Minnesota Statutes 1994, section 97B.605, is 
  2.29  amended to read: 
  2.30     97B.605 [COMMISSIONER MAY RESTRICT TAKING OF CERTAIN SMALL 
  2.31  GAME ANIMALS.] 
  2.32     The commissioner may prescribe restrictions on and 
  2.33  designate areas where gray and fox squirrels, cottontail and 
  2.34  jack rabbits, snowshoe hare, least, short-tailed, and 
  2.35  long-tailed weasels, spotted skunk, raccoon, lynx, bobcat, red 
  2.36  fox and gray fox, fisher, pine marten, opossum, and badger may 
  3.1   be taken and possessed.  
  3.2      Sec. 6.  [97B.636] [COYOTES, SKUNKS, AND WEASELS.] 
  3.3      The commissioner may establish open seasons and prescribe 
  3.4   restrictions on taking spotted skunks, least weasels, 
  3.5   short-tailed weasels, and long-tailed weasels. 
  3.6      Sec. 7.  Minnesota Statutes 1994, section 97B.655, 
  3.7   subdivision 1, is amended to read: 
  3.8      Subdivision 1.  [OWNERS AND OCCUPANTS MAY TAKE CERTAIN 
  3.9   ANIMALS.] A person may take mink, weasel, squirrel, rabbit, 
  3.10  hare, raccoon, lynx, bobcat, fox, muskrat, or beaver on land 
  3.11  owned or occupied by the person where the animal is causing 
  3.12  damage.  The person may take the animal without a license and in 
  3.13  any manner except by poison, or artificial lights in the closed 
  3.14  season.  Raccoons may be taken under this subdivision with 
  3.15  artificial lights during open season.  A person that kills mink, 
  3.16  raccoon, lynx, bobcat, fox, muskrat, or beaver under this 
  3.17  subdivision must bring the entire animal to a conservation 
  3.18  officer or employee of the division within 24 hours after the 
  3.19  animal is killed. 
  3.20     Sec. 8.  Minnesota Statutes 1994, section 97C.025, is 
  3.21  amended to read: 
  3.22     97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 
  3.23  AREAS.] 
  3.24     (a) Except as provided in paragraph (b), a person may not 
  3.25  take fish from or drive motorboats over posted the commissioner 
  3.26  may prohibit fishing or the operation of motorboats by posting 
  3.27  waters that: 
  3.28     (1) are designated as spawning beds or fish preserves; or 
  3.29     (2) are being used by the commissioner for fisheries 
  3.30  research or management activities.  
  3.31  An area may be posted under this paragraph if necessary to 
  3.32  prevent excessive depletion of fish or interference with 
  3.33  fisheries research or management activities. 
  3.34     (b) An owner of riparian land adjacent to an area posted 
  3.35  under paragraph (a) may operate a motorboat through the area by 
  3.36  the shortest direct route at a speed of not more than five miles 
  4.1   per hour. 
  4.2      Sec. 9.  Minnesota Statutes 1994, section 97C.321, 
  4.3   subdivision 2, is amended to read: 
  4.4      Subd. 2.  [ICE FISHING.] A person may use an unattended 
  4.5   line to take fish through the ice if:  
  4.6      (1) the person is within sight of the line; or 
  4.7      (2) a tip-up is attached to the line and the person is 
  4.8   within 80 feet unaided visual contact of the tip-up. 
  4.9      Sec. 10.  Minnesota Statutes 1994, section 97C.345, 
  4.10  subdivision 1, is amended to read: 
  4.11     Subdivision 1.  [PERIOD WHEN USE PROHIBITED.] Except as 
  4.12  specifically authorized, a person may not take fish from the 
  4.13  third Monday in February 16 to April 30 with a spear, fish trap, 
  4.14  net, dip net, seine, or other device capable of taking fish.  
  4.15     Sec. 11.  Minnesota Statutes 1994, section 97C.345, 
  4.16  subdivision 2, is amended to read: 
  4.17     Subd. 2.  [POSSESSION.] (a) Except as specifically 
  4.18  authorized, a person may not possess a spear, fish trap, net, 
  4.19  dip net, seine, or other device capable of taking fish on or 
  4.20  near any waters.  Possession includes personal possession and in 
  4.21  a vehicle.  
  4.22     (b) A person may possess spears, dip nets, bows and arrows, 
  4.23  and spear guns allowed under section 97C.381 on or near waters 
  4.24  between sunrise and sunset between from May 1 and up to, but not 
  4.25  including, the third Monday in February 15.  
  4.26     Sec. 12.  Minnesota Statutes 1994, section 97C.345, 
  4.27  subdivision 3, is amended to read: 
  4.28     Subd. 3.  [DIP NETS.] A person may possess and use a dip 
  4.29  net between one hour before sunrise and one hour after 
  4.30  sunset between from May 1 and up to, but not including, the 
  4.31  third Monday in February 15.  
  4.32     Sec. 13.  Minnesota Statutes 1994, section 97C.371, 
  4.33  subdivision 4, is amended to read: 
  4.34     Subd. 4.  [OPEN SEASON.] The open season for spearing 
  4.35  through the ice is December 1 up to, but not including, the 
  4.36  third Monday in February 15.  
  5.1      Sec. 14.  Minnesota Statutes 1994, section 97C.395, 
  5.2   subdivision 1, is amended to read: 
  5.3      Subdivision 1.  [DATES FOR CERTAIN SPECIES.] (a) The open 
  5.4   seasons to take fish by angling are as follows: 
  5.5      (1) for walleye, sauger, northern pike, muskellunge, 
  5.6   largemouth bass, and smallmouth bass, the Saturday two weeks 
  5.7   prior to the Saturday of Memorial Day weekend up to, but not 
  5.8   including, the third Monday in February; 
  5.9      (2) for lake trout, from January 1 to October 31; 
  5.10     (3) for brown trout, brook trout, rainbow trout, and 
  5.11  splake, between January 1 to October 31 as prescribed by the 
  5.12  commissioner by rule except as provided in section 97C.415, 
  5.13  subdivision 2; and 
  5.14     (4) for salmon, as prescribed by the commissioner by rule. 
  5.15     (b) The commissioner shall close the season in areas of the 
  5.16  state where fish are spawning and closing the season will 
  5.17  protect the resource. 
  5.18     Sec. 15.  Minnesota Statutes 1994, section 97C.821, is 
  5.19  amended to read: 
  5.20     97C.821 [POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL 
  5.21  FISH.] 
  5.22     Subject to the applicable provisions of the game and fish 
  5.23  laws, fish taken under commercial fishing licenses may be 
  5.24  possessed in any quantity, bought, sold, and transported during 
  5.25  the open seasons provided for the fish, and for seven days after 
  5.26  the season closes.  Fish frozen or cured during the open season 
  5.27  may be transported, bought, and sold at any time.  Commercial 
  5.28  fishing licensees may transport their catch live to holding 
  5.29  facilities, if the licensee has exclusive control of the 
  5.30  facilities.  Commercial fishing licensees may harvest fish from 
  5.31  their holding facilities at any time with their licensed gear.  
  5.32  The commissioner may prohibit the transport of live fish taken 
  5.33  under a commercial fishing license from waters that contain 
  5.34  exotic species.  
  5.35     Sec. 16.  [REPEALER.] 
  5.36     Minnesota Statutes 1994, section 97B.301, subdivision 5, is 
  6.1   repealed.