HF 1116

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to game and fish; modifying definitions; providing for and modifying
certain fees; modifying provisions for taking animals causing damage; modifying
license and stamp provisions; modifying certain possession and taking
restrictions; providing for an apprentice hunter validation; modifying commercial
fishing provisions; providing for a crossbow deer season; requiring reports;
requiring rulemaking; providing civil penalties; amending Minnesota Statutes
2006, sections 97A.015, subdivision 24, by adding a subdivision; 97A.045,
by adding a subdivision; 97A.401, subdivision 5; 97A.405, subdivisions 2,
4; 97A.441, subdivision 7; 97A.445, by adding a subdivision; 97A.451,
subdivisions 3, 3a; 97A.465, by adding a subdivision; 97A.473, subdivisions 3,
5; 97A.475, subdivisions 2, 3, 16; 97A.505, subdivision 4; 97A.511; 97B.015,
by adding a subdivision; 97B.020; 97B.031, subdivision 1; 97B.035, by adding
a subdivision; 97B.055, subdivision 3; 97B.075; 97B.085, subdivision 3;
97B.301, subdivision 7; 97B.311; 97B.318, subdivision 1; 97B.327; 97B.715,
subdivision 1; 97B.801; 97B.928, subdivision 1; 97C.325; 97C.335; 97C.355,
subdivision 8; 97C.371, by adding a subdivision; 97C.835, subdivisions 1, 2, 3,
8; proposing coding for new law in Minnesota Statutes, chapters 97B; 97C;
repealing Minnesota Statutes 2006, sections 97A.475, subdivision 38; 97C.365.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 97A.015, subdivision 24, is amended to
read:

Subd. 24.

Game birds.

"Game birds" means migratory waterfowl, new text begin ring-necked
new text end pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens,
gray partridge, bob-white quail, new text begin wild new text end turkeys, coots, gallinules, sora and Virginia rails,
mourning dove, American woodcock, and common snipe.

Sec. 2.

Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 26c. new text end

new text begin Immediately released or immediately returned to the water.
new text end

new text begin "Immediately released" or "immediately returned to the water" means that a fish must not
be retained longer than is needed at the site of capture to unhook, identify, measure, or
photograph the fish. Placing a fish on a stringer, in a live well, or in a cooler, bucket, or
other container is not "immediately released" or "immediately returned to the water."
new text end

Sec. 3.

Minnesota Statutes 2006, section 97A.045, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Establishing fees. new text end

new text begin Notwithstanding section 16A.1283, the commissioner
may, by written order published in the State Register, establish fees providing for the
use of state wildlife management area or aquatic management area lands for specific
purposes, including dog trials and special events. The fees must be set in an amount that
neither significantly overrecovers nor underrecovers costs. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 4.

Minnesota Statutes 2006, section 97A.401, subdivision 5, is amended to read:

Subd. 5.

Wild animals damaging property.

Special permits may be issued with or
without a fee to take protected wild animals deleted text begin that are damaging property deleted text end or to remove or
destroy their dens, nests, new text begin eggs, new text end houses, or dams new text begin for the purpose of preventing or reducing
damage or injury to people, property, and agricultural crops. The commissioner may
prescribe rules for taking Canada geese and their nests and eggs, with or without a permit,
consistent with federal regulations new text end . deleted text begin A special permit issued under this subdivision to take
beaver must state the number to be taken.
deleted text end

Sec. 5.

Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:

Subd. 2.

Personal possession.

(a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.

(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the
proper license if the license has been issued to and received by the person; or (2) the
proper license identification number or stamp validation and a valid state driver's license,
state identification card, or other form of identification provided by the commissioner,
if the license has been sold to the person by electronic means but the actual license has
not been issued and received. new text begin A person charged with violating the license possession
requirement shall not be convicted if the person produces in court or the office of the
arresting enforcement officer the actual license previously issued to that person, which
was valid at the time of arrest, or satisfactory proof that at the time of the arrest the person
was validly licensed. Upon request of an enforcement officer, a licensee shall write the
licensee's name in the presence of the officer to determine the identity of the licensee.
new text end

(c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.

(d) A license deleted text begin or stamp deleted text end issued electronically and not immediately provided to the
licensee shall be mailed to the licensee within 30 days of purchase of the license deleted text begin or stamp
validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp deleted text end . A
pictorial turkey deleted text begin stamp or a pictorial deleted text end new text begin , migratory waterfowl, pheasant, or new text end trout and salmon
stamp shall be deleted text begin mailed deleted text end new text begin provided new text end to the licensee after purchase of a deleted text begin license or deleted text end stamp
validation only if the licensee pays an additional $2 fee.

Sec. 6.

Minnesota Statutes 2006, section 97A.405, subdivision 4, is amended to read:

Subd. 4.

Replacement licenses.

(a) The commissioner may permit licensed deer
hunters to change zone, license, or season options. The commissioner may issue a
replacement license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the original and
the replacement license. new text begin A refund of the difference in fees may be issued when a person
changes from a regular deer license to a youth deer license. new text end When a person submits both
an archery and a firearms license for replacement, the commissioner may apply the value
of both licenses towards the replacement license fee.

(b) A replacement license may be issued only if the applicant has not used any tag
from the original license new text begin or licenses new text end and meets the conditions of paragraph (c). The original
license new text begin or licenses new text end and all unused tags deleted text begin for that license deleted text end new text begin for the licenses being replaced new text end must
be submitted to the issuing agent at the time the replacement license is issued.

(c) A replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:

(1) when the season for the license being surrendered has not yet opened; deleted text begin or
deleted text end

(2) when the person is upgrading from a regular firearms or archery deer license to
deleted text begin a multizone or deleted text end new text begin an new text end all season deer license deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) when the person is upgrading from a regular firearms license to a multizone
deer license; or
new text end

new text begin (4) when the person is changing from a regular firearms deer license to a youth
deer license.
new text end

(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid
immediately upon issuance if the license being surrendered is valid at that time.

Sec. 7.

Minnesota Statutes 2006, section 97A.441, subdivision 7, is amended to read:

Subd. 7.

Owners or tenants of agricultural land.

(a) The commissioner may
issue, without a fee, a license to take an antlerless deer to a person who is an owner or
tenant deleted text begin and is living and actively farming on deleted text end new text begin of new text end at least 80 acres of agricultural land, as
defined in section 97B.001, in deer permit areas that have deer archery licenses to take
additional deer under section 97B.301, subdivision 4. A person may receive only one
license per year under this subdivision. For properties with co-owners or cotenants, only
one co-owner or cotenant may receive a license under this subdivision per year. The
license issued under this subdivision is restricted to land leased for agricultural purposes
or owned by the holder of the license within the permit area where the qualifying land
is located. The holder of the license may transfer the license to the holder's spouse or
dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision
2, the holder of the license may purchase an additional license for taking deer and may
take an additional deer under that license.

(b) A person who obtains a license under paragraph (a) must allow public deer
hunting on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license issued under
section 97A.475, subdivision 2, clauses (4) and (13).

Sec. 8.

Minnesota Statutes 2006, section 97A.445, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Angling; Boy Scouts and Girl Scouts Ice Fishing Weekend. new text end

new text begin A resident
over age 18 may take fish by angling without a license during one three-day consecutive
period of the winter angling season designated by the commissioner if accompanied
by a Boy Scout troop or troops or Girl Scout troop or troops whose active members
participating in the ice fishing weekend are each under age 16. The resident must obtain a
certificate from the commissioner signifying permission for the group to angle in a named
body of water. During the first day of the three-day consecutive period, the commissioner
must designate an authorized representative to visit each Boy Scout troop or troops and
Girl Scout troop or troops at the named body of water and provide educational information,
including ice safety information and angling instruction. A resident in possession of the
certificate is also exempt from any fish house and dark house licensing fees levied under
section 97A.475, subdivision 11, during the three-day period. The commissioner shall
publicize the three-day period as "Boy Scouts and Girl Scouts Ice Fishing Weekend."
new text end

Sec. 9.

Minnesota Statutes 2006, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 may
not obtain a small game license but may take small game by firearms or bow and arrow
without a license if the resident is:

(1) age 14 or 15 and possesses a firearms safety certificate;

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian; deleted text begin or
deleted text end

new text begin (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
new text end

deleted text begin (3) deleted text end new text begin (4) new text end age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping license. A resident
under age 13 may trap without a trapping license, but may not register fisher, otter,
bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat,
or pine marten taken by a resident under age five must be included in the limit of the
accompanying parent or guardian.

(c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.

Sec. 10.

Minnesota Statutes 2006, section 97A.451, subdivision 3a, is amended to read:

Subd. 3a.

Nonresidents under age deleted text begin 16 deleted text end new text begin 18 new text end ; small game.

(a) A nonresident under
age deleted text begin 16 deleted text end new text begin 18 new text end may obtain a small game license at the resident fee new text begin under section 97A.475,
subdivision 2, clause (2), new text end if the nonresident:

(1) possesses a firearms safety certificate; or

(2) if age 13 or under, is accompanied by a parent or guardian when purchasing
the license.

(b) A nonresident age 13 or under must be accompanied by a parent or guardian
to take small game. A nonresident age 12 or under is not required to possess a firearms
safety certificate under section 97B.020 to take small game.

Sec. 11.

Minnesota Statutes 2006, section 97A.465, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Spouses of residents on active military duty. new text end

new text begin Notwithstanding section
97A.405, subdivision 5, the spouse of a resident who is on active military duty may obtain
resident hunting and fishing licenses.
new text end

Sec. 12.

Minnesota Statutes 2006, section 97A.473, subdivision 3, is amended to read:

Subd. 3.

Lifetime small game hunting license; fee.

(a) A resident lifetime small
game hunting license authorizes a person to hunt new text begin and trap new text end small game in the state. The
license authorizes those hunting new text begin and trapping new text end activities authorized by the annual resident
small game hunting deleted text begin license deleted text end new text begin and trapping licenses new text end . The license does not include a turkey
stamp validation or any other hunting stamps required by law.

(b) The fees for a resident lifetime small game hunting license are:

(1) age 3 and under, $217;

(2) age 4 to age 15, $290;

(3) age 16 to age 50, $363; and

(4) age 51 and over, $213.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies
retroactively to licenses issued after February 28, 2001.
new text end

Sec. 13.

Minnesota Statutes 2006, section 97A.473, subdivision 5, is amended to read:

Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt new text begin and trap new text end small game in the state.
The license authorizes those activities authorized by the annual resident angling deleted text begin and deleted text end new text begin , new text end
resident small game hunting new text begin , and resident trapping new text end licenses. The license does not include
a trout and salmon stamp validation, a turkey stamp validation, or any other hunting
stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, $357;

(2) age 4 to age 15, $480;

(3) age 16 to age 50, $613; and

(4) age 51 and over, $413.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies
retroactively to licenses issued after February 28, 2001.
new text end

Sec. 14.

Minnesota Statutes 2006, section 97A.475, subdivision 2, is amended to read:

Subd. 2.

Resident hunting.

Fees for the following licenses, to be issued to residents
only, are:

(1) for persons age 18 or over and under age 65 to take small game, $12.50;

(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;

(3) to take turkey, $18;

(4) for persons age 18 or over to take deer with firearms, $26;

(5) for persons age 18 or over to take deer by archery, $26;

(6) to take moose, for a party of not more than six persons, $310;

(7) to take bear, $38;

(8) to take elk, for a party of not more than two persons, $250;

(9) multizone license to take antlered deer in more than one zone, $52;

(10) to take Canada geese during a special season, $4;

(11) all season license to take deleted text begin two deleted text end new text begin three new text end deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;

(12) to take prairie chickens, $20;

(13) for persons at least age 12 and under age 18 to take deer with firearms during
the regular firearms season in any open zone or time period, $13; and

(14) for persons at least age 12 and under age 18 to take deer by archery, $13.

Sec. 15.

Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read:

Subd. 3.

Nonresident hunting.

Fees for the following licenses, to be issued
to nonresidents, are:

(1) new text begin for persons age 18 and older new text end to take small game, $73;

(2) new text begin for persons age 18 and older new text end to take deer with firearms, $135;

(3) new text begin for persons age 18 and older new text end to take deer by archery, deleted text begin the greater of:
deleted text end

deleted text begin (i) an amount equal to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or province of residence; or
deleted text end

deleted text begin (ii) deleted text end $135;

(4) to take bear, $195;

(5) to take turkey, $73;

(6) to take raccoon, bobcat, fox, or coyote, $155;

(7) multizone license to take antlered deer in more than one zone, $270; deleted text begin and
deleted text end

(8) to take Canada geese during a special season, $4 deleted text begin . deleted text end new text begin ;
new text end

new text begin (9) for persons at least age 12 and under age 18 to take deer with firearms during the
regular firearms season in any open zone or time period, $13; and
new text end

new text begin (10) for persons at least age 12 and under age 18 to take deer by archery, $13.
new text end

Sec. 16.

Minnesota Statutes 2006, section 97A.475, subdivision 16, is amended to read:

Subd. 16.

Resident hunting guides.

The fee for a resident license to guide bear
hunters is $82.50 new text begin and is available only to a Minnesota resident individual new text end .

Sec. 17.

Minnesota Statutes 2006, section 97A.505, subdivision 4, is amended to read:

Subd. 4.

Storage of protected wild animals.

A person that stores protected wild
animals for others must plainly mark the package, in ink, with the name and address of the
owner, the license number of the person taking the animal, and the number and species in
the package. deleted text begin A person may not use a commercial cold storage warehouse for protected
wild animals, except lawfully taken fish and furs.
deleted text end

Sec. 18.

Minnesota Statutes 2006, section 97A.511, is amended to read:

97A.511 FUR-BEARING ANIMALS.

The skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits
and hares, legally taken and bearing the required seals or tags required by the game and
fish laws, may be bought, sold, and transported at any time. deleted text begin The flesh of beaver, raccoon,
rabbits, and hare may not be transported out of the state.
deleted text end

Sec. 19.

Minnesota Statutes 2006, section 97B.015, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Exemption for military personnel. new text end

new text begin Notwithstanding subdivision 5, a
person who has successfully completed basic training in the United States armed forces is
exempt from the range and shooting exercise portion of the required course of instruction
for the firearms safety certificate. The commissioner may require written proof of the
person's military training, as deemed appropriate for implementing this subdivision.
The commissioner shall publicly announce this exemption from the range and shooting
exercise requirement and the availability of the department's online, remote study option
for adults seeking firearms safety certification. Military personnel are not exempt from
any other requirement of this section for obtaining a firearms safety certificate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to applications for certificates made on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2006, section 97B.020, is amended to read:

97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.

(a) Except as provided in this section and section 97A.451, subdivision 3a, a person
born after December 31, 1979, may not obtain an annual license to take wild animals by
firearms unless the person has:

(1) a firearms safety certificate or equivalent certificate;

(2) a driver's license or identification card with a valid firearms safety qualification
indicator issued under section 171.07, subdivision 13;

(3) a previous hunting license with a valid firearms safety qualification indicator; deleted text begin or
deleted text end

new text begin (4) an apprentice hunter validation issued under section 97B.022; or
new text end

deleted text begin (4) deleted text end new text begin (5) new text end other evidence indicating that the person has completed in this state or in
another state a hunter safety course recognized by the department under a reciprocity
agreement or certified by the department as substantially similar.

(b) A person who is on active duty and has successfully completed basic training
in the United States armed forces, reserve component, or National Guard may obtain a
hunting license or approval authorizing hunting regardless of whether the person is issued
a firearms safety certificate.

(c) A person born after December 31, 1979, may not use a lifetime license to take
wild animals by firearms, unless the person meets the requirements for obtaining an annual
license under paragraph (a) or (b).

Sec. 21.

new text begin [97B.022] APPRENTICE HUNTER VALIDATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, "accompanied" means
to stay within a distance of another person that permits uninterrupted visual contact and
unaided verbal communication.
new text end

new text begin Subd. 2. new text end

new text begin Apprentice hunter validation requirements. new text end

new text begin A resident born after
December 31, 1979, who is age 12 or older and who does not possess a firearms safety
certificate may be issued an apprentice hunter validation. An apprentice hunter validation
is valid for only one license year in a lifetime. An individual in possession of an apprentice
hunter validation may hunt small game and deer only when accompanied by an adult
licensed to hunt in Minnesota whose license was not obtained using an apprentice hunter
validation. An apprentice hunter validation holder must obtain all required licenses and
stamps.
new text end

Sec. 22.

Minnesota Statutes 2006, section 97B.031, subdivision 1, is amended to read:

Subdivision 1.

Firearms and ammunition that may be used to take big game.

(a)
A person may take big game with a firearm only if:

(1) the rifle, shotgun, and handgun used is a caliber of at least .23 inches;

(2) the firearm is loaded only with single projectile ammunition;

(3) a projectile used is a caliber of at least .23 inches and has a soft point or is
an expanding bullet type;

(4) the ammunition has a case length of at least 1.285 inches;

(5) the muzzle-loader used is incapable of being loaded at the breech;

(6) the smooth-bore muzzle-loader used is a caliber of at least .45 inches; and

(7) the rifled muzzle-loader used is a caliber of at least .40 inches.

(b) Notwithstanding paragraph (a), clause (4), a person may take big game with a
ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum
cartridge, deleted text begin or deleted text end a .50 A. E. (Action Express) handgun cartridge new text begin , or a 56-46 Spencer, 56-50
Spencer, or 56-56 Spencer cartridge new text end .

Sec. 23.

Minnesota Statutes 2006, section 97B.035, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Minimum draw weight. new text end

new text begin A bow used to take big game must have a pull
that meets or exceeds 30 pounds at or before full draw.
new text end

Sec. 24.

Minnesota Statutes 2006, section 97B.055, subdivision 3, is amended to read:

Subd. 3.

Hunting from vehicle by disabled hunters.

(a) The commissioner may
issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
stationary motor vehicle to a person who obtains the required licenses and who has a
permanent new text begin or chronic new text end physical disability that is more substantial than discomfort from
walking. The permit recipient must be:

(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
other mechanical support or prosthetic device; or

(2) unable to walk any distance because of a permanent new text begin or chronic new text end lung, heart,
or other internal disease deleted text begin that requires the person to use supplemental oxygen to assist
breathing deleted text end .

(b) The permanent new text begin or chronic new text end physical disability must be established by medical
evidence verified in writing by a licensed physician or chiropractor. The commissioner
may request additional information from the physician or chiropractor if needed to
verify the applicant's eligibility for the permit. Notwithstanding section 97A.418,
the commissioner may, in consultation with appropriate advocacy groups, establish
reasonable minimum standards for permits to be issued under this section. In addition to
providing the medical evidence of a permanent disability, the applicant must possess a
valid disability parking certificate authorized by section 169.345 or license plates issued
under section 168.021.

(c) A person issued a special permit under this subdivision and hunting deer may
take a deer of either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another member of a
party to take an antlerless deer under section 97B.301, subdivision 3.

(d) A permit issued under this subdivision is valid for five years.

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this section for cause, including a violation of the game and fish laws or rules.

(f) A person who knowingly makes a false application or assists another in making a
false application for a permit under this section is guilty of a misdemeanor. A physician or
chiropractor who fraudulently certifies to the commissioner that a person is permanently
new text begin or chronically new text end disabled as described in this section is guilty of a misdemeanor.

Sec. 25.

Minnesota Statutes 2006, section 97B.075, is amended to read:

97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.

(a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.

(b) Big game may be taken from one-half hour before sunrise until one-half hour
after sunset.

(c) Except as otherwise prescribed by the commissioner new text begin on or new text end before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner. On the opening day of the duck
season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.

Sec. 26.

Minnesota Statutes 2006, section 97B.085, subdivision 3, is amended to read:

Subd. 3.

Communication excepted.

This section does not prohibit the use of new text begin :
new text end

new text begin (1) new text end one-way radio communication between a handler and a dog deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) a remote-controlled animal noise caller used for fox, crows, bobcat, raccoon,
and coyote.
new text end

Sec. 27.

new text begin [97B.086] POSSESSION OF NIGHT VISION EQUIPMENT.
new text end

new text begin (a) A person may not possess night vision goggle equipment while taking or
attempting to take wild animals or while having in possession, either individually or as
one of a group of persons, a firearm, bow, or other implement that could be used to take
wild animals.
new text end

new text begin (b) This section does not apply to a firearm that is:
new text end

new text begin (1) unloaded;
new text end

new text begin (2) in a gun case expressly made to contain a firearm that fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and
new text end

new text begin (3) in the closed trunk of a motor vehicle.
new text end

new text begin (c) This section does not apply to a bow that is:
new text end

new text begin (1) completely encased or unstrung; and
new text end

new text begin (2) in the closed trunk of a motor vehicle.
new text end

new text begin (d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
or bow must be placed in the rearmost location of the vehicle.
new text end

new text begin (e) This section does not apply to night vision goggle equipment possessed by peace
officers or military personnel while exercising their duties.
new text end

Sec. 28.

Minnesota Statutes 2006, section 97B.301, subdivision 7, is amended to read:

Subd. 7.

All season deer license.

(a) A resident may obtain an all season deer
license that authorizes the resident to hunt during the archery, regular firearms, and
muzzle-loader seasons. The all season license is valid for taking three deer, no more
than one of which may be a legal buck.

(b) The all season deer license is valid for taking antlerless deer as deleted text begin follows:
deleted text end

deleted text begin (1) up to two antlerless deer may be taken during the archery or muzzle-loader
seasons in any open area or during the regular firearms season in managed or intensive
deer areas; and
deleted text end

deleted text begin (2) one antlerless deer may be taken during the regular firearms season in a lottery
deer area, only with an either-sex permit or statutory exemption from an either-sex permit. deleted text end new text begin
prescribed by the commissioner.
new text end

(c) The commissioner shall issue three tags when issuing a license under this
subdivision.

Sec. 29.

Minnesota Statutes 2006, section 97B.311, is amended to read:

97B.311 DEER SEASONS AND RESTRICTIONS.

(a) The commissioner may, by rule, prescribe restrictions and designate areas where
deer may be taken, including hunter selection criteria for special hunts established under
section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open
seasons for deer within the following periods:

(1) taking with firearms, other than muzzle-loading firearms, between November 1
and December 15;

(2) taking with muzzle-loading firearms between September 1 and December 31; and

(3) taking by archery between September 1 and December 31.

(b) Notwithstanding paragraph (a), the commissioner may establish special seasons
within designated areas at any time of year.

deleted text begin (c) Smokeless gunpowder may not be used in a muzzle-loader during the
muzzle-loader season.
deleted text end

Sec. 30.

Minnesota Statutes 2006, section 97B.318, subdivision 1, is amended to read:

Subdivision 1.

Shotgun use area.

During the regular firearms season in the shotgun
use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading
long guns, and legal handguns may be used for taking deer. Legal shotguns include
those with rifled barrels. The shotgun use area is that portion of the state lying within
the following described boundary: Beginning on the west boundary of the state at deleted text begin U.S.
Highway 10; thence along U.S. Highway 10 deleted text end new text begin the northern boundary of Clay County; thence
along the northern boundary of Clay County new text end to State Trunk Highway (STH) 32; thence
along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence
along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence along
CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas
County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to
CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to
CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22,
Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71
to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of
the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to
U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence
along the east, south, and west boundaries of the state to the point of beginning.

Sec. 31.

Minnesota Statutes 2006, section 97B.327, is amended to read:

97B.327 REPORT; DEER OTHER THAN WHITE-TAILED OR MULE.

A hunter legally taking a deer that is not a white-tailed or mule deer must report
the type of deer taken to the commissioner of natural resources within seven days of
taking. Violation of this section deleted text begin shall not result in a penalty and is not subject to section
97A.301 deleted text end new text begin will result in a civil penalty of $100 new text end .

Sec. 32.

new text begin [97B.328] BAITING PROHIBITED.
new text end

new text begin A person may not hunt deer (1) with the aid or use of bait, (2) in the vicinity of
bait if the person knows or has reason to know that bait is present, or (3) in the vicinity
of where the person has placed bait or caused bait to be placed within the previous ten
days. This restriction does not apply to food resulting from normal or accepted farming,
forest management, wildlife food plantings, orchard management, or other similar
land management activities, and does not prohibit an adjacent landowner, who has not
participated in or agreed to feeding wildlife on the adjacent land, from taking a deer
during the hunting season on the adjacent landowner's land.
new text end

Sec. 33.

Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to read:

Subdivision 1.

Stamp required.

(a) Except as provided in paragraph (b) or section
97A.405, subdivision 2, a person required to possess a small game license may not hunt
pheasants without deleted text begin : deleted text end

deleted text begin (1) a pheasant stamp in possession; and
deleted text end

deleted text begin (2) deleted text end a pheasant stamp validation deleted text begin on the small game license when issued electronically deleted text end .

(b) The following persons are exempt from this subdivision:

(1) residents under age 18 or over age 65;

(2) persons hunting on licensed commercial shooting preserves; and

(3) resident disabled veterans with a license issued under section 97A.441,
subdivision 6a.

Sec. 34.

Minnesota Statutes 2006, section 97B.801, is amended to read:

97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.

(a) Except as provided in this section or section 97A.405, subdivision 2, a person
required to possess a small game license may not take migratory waterfowl without deleted text begin : deleted text end

deleted text begin (1) a Minnesota migratory waterfowl stamp in possession; and
deleted text end

deleted text begin (2) deleted text end a migratory waterfowl stamp validation deleted text begin on the small game license when issued
electronically deleted text end .

(b) Residents under age 18 or over age 65; resident disabled veterans with a license
issued under section 97A.441, subdivision 6a; and persons hunting on their own property
are not required to possess a stamp deleted text begin or a license deleted text end validation under this section.

Sec. 35.

Minnesota Statutes 2006, section 97B.928, subdivision 1, is amended to read:

Subdivision 1.

Information required.

(a) A person may not set or place a trap or
snare, other than on property owned or occupied by the person, unless the following
information is affixed to the trap or snare in a manner that ensures that the information
remains legible while the trap or snare is on the lands or waters:

(1) the number and state of the person's driver's license;

(2) the person's Minnesota identification card number; deleted text begin or
deleted text end

(3) the person's name and mailing address deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) the license identification number issued by the Department of Natural Resources.
new text end

(b) The commissioner may not prescribe additional requirements for identification
of traps or snares.

new text begin (c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1),
may be the person's previously issued Minnesota driver's license number.
new text end

Sec. 36.

Minnesota Statutes 2006, section 97C.325, is amended to read:

97C.325 deleted text begin PROHIBITED METHODS OF deleted text end new text begin RESTRICTIONS ON new text end TAKING FISH.

(a) Except as specifically authorized, a person may not take fish with:

(1) explosives, chemicals, drugs, poisons, lime, medicated bait, fish berries, or
other similar substances;

(2) substances or devices that kill, stun, or affect the nervous system of fish;

(3) nets, traps, trot lines, or snares; or

(4) spring devices that impale, hook, or capture fish.

(b) If a person possesses a substance or device listed in paragraph (a) on waters,
shores, or islands, it is presumptive evidence that the person is in violation of this section.

(c) The commissioner may, by rule, allow the use of a nonmotorized device with a
recoil mechanism to take fish through the ice.

new text begin (d) To protect water quality or improve habitat for fish or wildlife, the commissioner
may prescribe restrictions on fishing seasons, limits, or methods on specific bodies of
water.
new text end

Sec. 37.

Minnesota Statutes 2006, section 97C.335, is amended to read:

97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.

A person may not use artificial lights to lure or attract fish or to see fish in the water
while spearing, except that while angling new text begin or spearing new text end , a person may new text begin :
new text end

new text begin (1) new text end affix deleted text begin to the end of a fishing line deleted text end a lighted artificial bait with hooks attached new text begin to the
end of a fishing line; or
new text end

new text begin (2) use a lighted decoy for spearing new text end .

Any battery that is used in lighted fishing lures cannot contain any intentionally
introduced mercury.

Sec. 38.

Minnesota Statutes 2006, section 97C.355, subdivision 8, is amended to read:

Subd. 8.

Confiscation of unlawful structures new text begin ; civil penalty new text end .

new text begin (a) new text end Structures on the
ice in violation of this section may be confiscated and disposed of, retained by the division,
or sold at the highest price obtainable, in a manner prescribed by the commissioner.

new text begin (b) In addition to other penalties provided by law, the owner of a structure left on the
ice in violation of this section is subject to a civil penalty under section 115A.99.
new text end

Sec. 39.

Minnesota Statutes 2006, section 97C.371, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Sucker season. new text end

new text begin Notwithstanding any other law to the contrary, the
commissioner may allow spearing and dip netting of sucker before May 1 when weather
conditions warrant it and the earlier season would not interfere with spawning of other
fish. The commissioner must post notice of the earlier spring opening by both print
and electronic means. Regional fisheries chiefs in any of the department's regions
may recommend the earlier spring opening for sucker spearing and dip netting to the
commissioner.
new text end

Sec. 40.

new text begin [97C.417] REPORTING ASIAN CARP.
new text end

new text begin A person who takes any of the following Asian carp species must report the type of
carp taken to the commissioner within seven days of taking:
new text end

new text begin (1) grass carp (Ctenopharyngodon idella);
new text end

new text begin (2) bighead carp (Hypophthalmichthys nobilis); or
new text end

new text begin (3) silver carp (Hypophthalmichthys molitrix).
new text end

Sec. 41.

Minnesota Statutes 2006, section 97C.835, subdivision 1, is amended to read:

Subdivision 1.

Commercial fishing license for Lake Superior.

(a) A license to
fish commercially in Lake Superior shall be issued to a maximum of deleted text begin 50 deleted text end new text begin 25 new text end residents. To
qualify for licensing, a resident must have landed fish in the previous year with a value of
at least $1,500, and must have engaged in commercial fishing for at least 30 days of the
previous year. An applicant may be issued a license, at the discretion of the commissioner,
if failure to meet the requirements for the dollar value of fish landed or number of days
fished resulted from illness or other mitigating circumstances, or the applicant has reached
the age of 65 and has been licensed at least five of the previous ten years.

(b) A license may be issued to a resident who has not previously fished commercially
on Lake Superior and has not been convicted of a game and fish law violation in the
preceding three years, if the applicant:

(1) shows a bill of sale indicating the purchase of gear and facilities connected
with an existing license;

(2) shows proof of inheritance of all the gear and facilities connected with an
existing license; or

(3) has served at least two years as an apprentice in a Minnesota Lake Superior
licensed commercial fishing operation.

Sec. 42.

Minnesota Statutes 2006, section 97C.835, subdivision 2, is amended to read:

Subd. 2.

Types of fish permitted.

Lake trout, ciscoes, chubs, alewives, lake
whitefish, round whitefish, deleted text begin pygmy whitefish, deleted text end rainbow smelt, and rough fish may be
taken by licensed commercial fishing operators from Lake Superior, in accordance with
this section.

Sec. 43.

Minnesota Statutes 2006, section 97C.835, subdivision 3, is amended to read:

Subd. 3.

Pound nets and trap nets.

Pound or trap nets may be used to take new text begin lake
whitefish, new text end round whitefish, deleted text begin pygmy whitefish, deleted text end ciscoes, chubs, alewives, rainbow smelt, and
rough fish in Lake Superior, including St. Louis Bay new text begin east of the U.S. Highway 53 bridge new text end ,
under the rules prescribed by the commissioner.

Sec. 44.

Minnesota Statutes 2006, section 97C.835, subdivision 8, is amended to read:

Subd. 8.

Special permits.

The commissioner may issue special permits to duly
licensed commercial fishing operators deleted text begin not exceeding 20 in number, deleted text end for the purpose
of taking new text begin lake new text end trout new text begin , ciscoes, new text end and lake whitefish deleted text begin spawn during the closed season for the
propagation of trout deleted text end in Lake Superior and adjacent waters under rules prescribed by the
commissioner.

Sec. 45.

new text begin [97C.836] LAKE SUPERIOR LAKE TROUT EXPANDED
ASSESSMENT HARVEST.
new text end

new text begin The commissioner shall provide for taking of lake trout by licensed commercial
operators in Lake Superior management zones MN-3 and MN-2 for expanded assessment
and sale. The commissioner shall authorize expanded assessment taking and sale of lake
trout in Lake Superior management zone MN-3 beginning in 2007 and zone MN-2
beginning in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in
zone MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary
to protect the lake trout population or to manage the effects of invasive species or fish
disease. Taking lake trout for expanded assessment and sale shall be allowed from June 1
to September 30, but may end earlier in the respective zones if the quotas are reached. The
quotas must be reassessed at the expiration of the current ten-year Fisheries Management
Plan for the Minnesota Waters of Lake Superior dated September 2006.
new text end

Sec. 46. new text begin RULE AMENDMENTS.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform
to sections 41 to 45. Minnesota Statutes, section 14.386, does not apply to the rulemaking
under this section except to the extent provided under Minnesota Statutes, section 14.388.
new text end

Sec. 47. new text begin LAKE TROUT REPORT.
new text end

new text begin By February 1, 2008, the commissioner of natural resources must review and report
to the legislative policy committees with jurisdiction over natural resources on the pros
and cons of changing the winter lake trout season so that it would be open from the
Saturday nearest January 1 to March 31.
new text end

Sec. 48. new text begin ACCESS TO MINNESOTA OUTDOORS PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Walk-in access plan. new text end

new text begin (a) The commissioner of natural resources
shall prepare a plan for a walk-in public access program under which the commissioner
may encourage owners and operators of privately held land to voluntarily make that
land available for walk-in access by the public for hunting and fishing under programs
administered by the commissioner.
new text end

new text begin (b) As part of the plan, the commissioner shall explore entering into contracts with
the owners or lessees of land to establish voluntary walk-in public access for hunting,
fishing, or other wildlife-dependent recreational activities.
new text end

new text begin (c) In the plan, the commissioner must describe:
new text end

new text begin (1) the costs and benefits that private land access will provide the public, such as
hunting, fishing, bird watching, and related outdoor activities; and
new text end

new text begin (2) the types of game, fish, and wildlife habitat improvements made to the land that
will enhance public uses.
new text end

new text begin (d) The commissioner shall explore the effectiveness and public and private cost of
walk-in public access programs in other states and recommend walk-in program options
for public access to private lands for hunting, fishing, and related recreational activities.
new text end

new text begin Subd. 2. new text end

new text begin Other law. new text end

new text begin Nothing in the plan may preempt trespass and liability laws.
Recommendations submitted by the commissioner of natural resources under subdivision
3 shall include any changes to Minnesota Statutes, sections 604A.20 to 604A.27,
necessary to ensure that landowners are not exposed to additional liability as a result
of the walk-in access program.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The commissioner must present the walk-in public access plan
to the house and senate committees with jurisdiction over natural resources policy and
finance, with recommendations on program implementation, by January 15, 2008.
new text end

Sec. 49. new text begin COCK PHEASANT BAG LIMIT; RULEMAKING.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part
6234.0400, subpart 2, to allow a person to take up to three cock pheasants per day and
have 12 in possession after the 16th day of the pheasant season. The commissioner may
use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1,
clause (3), to adopt the rule and Minnesota Statutes, section 14.386, does not apply, except
as provided under Minnesota Statutes, section 14.388.
new text end

Sec. 50. new text begin CROSSBOW DEER SEASON.
new text end

new text begin Notwithstanding Minnesota Statutes, section 97B.035, or other law to the contrary,
the commissioner of natural resources shall establish an open season for taking deer
by crossbow during the regular firearm season each year. Crossbows must meet the
requirements of Minnesota Statutes, section 97B.106, subdivision 2. A person taking deer
by crossbow must have a crossbow deer hunting license. The fee for a resident crossbow
deer hunting license is $26 and the fee for a nonresident crossbow deer hunting license is
$135. The commissioner may adopt exempt rules regulating the crossbow deer season
according to Minnesota Statutes, section 14.386. Notwithstanding Minnesota Statutes,
section 14.386, a rule adopted under this section is effective until January 1, 2009.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires January 1, 2009.
new text end

Sec. 51. new text begin CROSSBOW SEASON REPORT.
new text end

new text begin By February 1, 2009, the commissioner of natural resources shall submit a report to
the chairs of the house and senate committees having jurisdiction over natural resources
that includes the number of crossbow deer season licenses issued under section 50 and
addresses whether there was an increase in hunting problems during the time a crossbow
deer season was permitted.
new text end

Sec. 52. new text begin RULE AMENDMENTS.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, parts
6262.0100, subpart 5, item D, and 6266.0700, subpart 3, to allow an angler in an icehouse
to possess fillets of a fish with size restrictions if the angler is preparing and using the
fish for a meal. The commissioner may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt rules according to this
section and Minnesota Statutes, section 14.386, does not apply except as provided under
Minnesota Statutes, section 14.388.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 53. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 97A.475, subdivision 38; and 97C.365, new text end new text begin are
repealed.
new text end