HF 1238

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

A bill for an act
relating to game and fish; modifying refund provisions; modifying certain
definitions; modifying publication requirements; modifying restrictions in
migratory feeding and resting areas; providing certain exemptions from local law;
modifying wild animal and fish taking, possession, and licensing requirements;
authorizing certain fees; requiring rulemaking; amending Minnesota Statutes
2008, sections 17.4981; 17.4988, subdivision 3; 84.788, subdivision 11; 84.798,
subdivision 10; 84.82, subdivision 11; 84.922, subdivision 12; 86B.415,
subdivision 11; 97A.015, subdivision 39; 97A.051, subdivision 2; 97A.095,
subdivision 2; 97A.137, by adding a subdivision; 97A.445, subdivision 1, by
adding a subdivision; 97A.451, subdivision 3; 97A.475, subdivisions 3, 11,
12, 29; 97A.525, subdivision 1; 97B.041; 97B.086; 97B.111, subdivision 1;
97B.651; 97C.355, subdivision 2; repealing Minnesota Statutes 2008, sections
97A.525, subdivision 2; 97C.405; Laws 2008, chapter 368, article 2, section 25.

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

Section 1.

Minnesota Statutes 2008, section 17.4981, is amended to read:

17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC
FARMS.

(a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life
is not wildlife. Aquatic farms must be licensed and given classifications to prevent or
minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:

(1) prevent public aquatic life from entering an aquatic farm;

(2) prevent release of nonindigenous or exotic species into public waters without
approval of the commissioner;

(3) protect against release of disease pathogens to public waters;

(4) protect existing natural aquatic habitats and the wildlife dependent on them; and

(5) protect private aquatic life from unauthorized taking or harvest.

(b) Private aquatic life that is legally acquired and possessed is an article of interstate
commerce and may be restricted only as necessary to protect state fish and water resources.

(c) The commissioner of natural resources shall establish license and other fees as
provided in section 16A.1285, subdivision 2, that would make aquaculture licensing
and enforcement self-sustaining. new text begin Notwithstanding section 16A.1283, the commissioner
may, by written order published in the State Register, establish the fees required by this
section. The fees are not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply. new text end The commissioner shall develop best management practices for
aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for
aquaculture, including, but not limited to, fish farming in man-made ponds.

Sec. 2.

Minnesota Statutes 2008, section 17.4988, subdivision 3, is amended to read:

Subd. 3.

Inspection new text begin and additional new text end fees.

new text begin Notwithstanding section 16A.1283, new text end the
commissioner may, by written order published in the State Register, establish fees for the
services listed in clauses (1) to (3) new text begin and the additional fee required under subdivision 2,
paragraph (a) new text end . The fees must be set in an amount that does not recover significantly more
or less than the cost of providing the service. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The services covered under
this provision include:

(1) initial inspection of each water to be licensed;

(2) fish health inspection and certification, including initial tissue sample collection,
basic fish health assessment, viral pathogen testing, and bacteriological testing; and

(3) initial inspection for containment and quarantine facility inspections.

Sec. 3.

Minnesota Statutes 2008, section 84.788, subdivision 11, is amended to read:

Subd. 11.

Refunds.

The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
months deleted text end new text begin 60 days new text end of the original registration new text begin , the registration is not used or transferred, new text end and:

(1) the off-highway motorcycle was registered incorrectly deleted text begin by the commissioner
or the deputy registrar deleted text end ; or

(2) the off-highway motorcycle was registered twice, once by the dealer and once by
the customer.

Sec. 4.

Minnesota Statutes 2008, section 84.798, subdivision 10, is amended to read:

Subd. 10.

Refunds.

The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (b), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
months deleted text end new text begin 60 days new text end of the original registration deleted text begin and the vehicle was registered incorrectly by
the commissioner or the deputy registrar. deleted text end new text begin , the registration is not used or transferred, and:
new text end

new text begin (1) the off-road vehicle was registered incorrectly; or
new text end

new text begin (2) the off-road vehicle was registered twice, once by the dealer and once by the
customer.
new text end

Sec. 5.

Minnesota Statutes 2008, section 84.82, subdivision 11, is amended to read:

Subd. 11.

Refunds.

The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
months deleted text end new text begin 60 days new text end of the original registration new text begin , the registration is not used or transferred, new text end and:

(1) the snowmobile was registered incorrectly deleted text begin by the commissioner or the deputy
registrar deleted text end ; or

(2) the snowmobile was registered twice, once by the dealer and once by the
customer.

Sec. 6.

Minnesota Statutes 2008, section 84.922, subdivision 12, is amended to read:

Subd. 12.

Refunds.

The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
months deleted text end new text begin 60 days new text end of the original registration new text begin , the registration is not used or transferred, new text end and:

(1) the vehicle was registered incorrectly deleted text begin by the commissioner or the deputy
registrar deleted text end ; or

(2) the vehicle was registered twice, once by the dealer and once by the customer.

Sec. 7.

Minnesota Statutes 2008, section 86B.415, subdivision 11, is amended to read:

Subd. 11.

Refunds.

The commissioner may issue a refund on a license or title, not
including any issuing fees paid under subdivision 8 or section 84.027, subdivision 15,
paragraph (a), clause (3), or 86B.870, subdivision 1, paragraph (b), if the refund request
is received within deleted text begin 12 months deleted text end new text begin 60 days new text end of the original license or title new text begin , the license or title
is not used or transferred, new text end and:

(1) the watercraft was licensed or titled incorrectly deleted text begin by the commissioner or the
deputy registrar deleted text end ;

(2) the customer was incorrectly charged a title fee; or

(3) the watercraft was licensed or titled twice, once by the dealer and once by the
customer.

Sec. 8.

Minnesota Statutes 2008, section 97A.015, subdivision 39, is amended to read:

Subd. 39.

Protected wild animals.

"Protected wild animals" are the following
wild animals: big game, small game, game fish, rough fish, minnows, leeches, alewives,
ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs,
turtles, clams, mussels, gray wolf, mourning doves, and wild animals that are protected by
a restriction in the time or manner of taking, other than a restriction in the use of artificial
lights, poison, or motor vehicles new text begin or a restriction on taking and possessing the animals alive new text end .

Sec. 9.

Minnesota Statutes 2008, section 97A.051, subdivision 2, is amended to read:

Subd. 2.

Summary of fish and game laws.

(a) The commissioner shall prepare a
summary of the hunting and fishing laws and rules and deliver a sufficient supply to
deleted text begin county auditors deleted text end new text begin license vendors new text end to furnish one copy to each person obtaining a hunting,
fishing, or trapping license.

(b) At the beginning of the summary, under the heading "Trespass," the
commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945,
state that conservation officers and peace officers must enforce the trespass laws, and
state the penalties for trespassing.

(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
summarize the requirements under section 609.662 and state the penalties for failure to
render aid to a person injured by gunshot.

Sec. 10.

Minnesota Statutes 2008, section 97A.095, subdivision 2, is amended to read:

Subd. 2.

Waterfowl feeding and resting areas.

The commissioner may, by rule,
designate any part of a lake as a migratory feeding and resting area. Before designation,
the commissioner must receive a petition signed by at least ten local resident licensed
hunters describing the area of a lake that is a substantial feeding or resting area for
migratory waterfowl, and find that the statements in the petition are correct, and that
adequate, free public access to the lake exists near the designated area. The commissioner
shall post the area as a migratory waterfowl feeding and resting area. Except as authorized
in rules adopted by the commissioner, a person may not enter a posted migratory waterfowl
feeding and resting area, during a period when hunting of migratory waterfowl is allowed,
with watercraft or aircraft propelled by a motor, other than an electric motor deleted text begin of less than
30 pounds thrust deleted text end new text begin with battery power of 12 volts or less new text end . The commissioner may, by rule,
further restrict the use of electric motors in migratory waterfowl feeding and resting areas.

Sec. 11.

Minnesota Statutes 2008, section 97A.137, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Exemption from certain local ordinances. new text end

new text begin (a) Wildlife management
areas that are established according to section 86A.05, subdivision 8; designated under
section 97A.133 or 97A.145; and 160 contiguous acres or larger are exempt from local
ordinances that limit the use and management of the unit as authorized by state law.
new text end

new text begin (b) Wildlife management areas that are established according to section 86A.05,
subdivision 8; designated under section 97A.133 or 97A.145; and at least 40 contiguous
acres and less than 160 contiguous acres are exempt from local ordinances that:
new text end

new text begin (1) restrict trapping;
new text end

new text begin (2) restrict the discharge of archery equipment;
new text end

new text begin (3) restrict the discharge of shotguns with shot sizes of number four buckshot or
smaller diameter shot;
new text end

new text begin (4) restrict noise;
new text end

new text begin (5) require dogs on a leash; or
new text end

new text begin (6) would in any manner restrict the management of the unit as authorized by
state law.
new text end

Sec. 12.

Minnesota Statutes 2008, section 97A.445, subdivision 1, is amended to read:

Subdivision 1.

Angling; Take a Kid Fishing Weekends.

A resident deleted text begin over age 18 deleted text end new text begin age
16 years or older new text end may take fish by angling without an angling or fish house license during
one three-day consecutive period of the open water angling season and one three-day
consecutive period of the ice angling season designated by rule of the commissioner
if accompanied by a child who is under age 16. The commissioner shall publicize the
three-day periods as "Take a Kid Fishing Weekend" for the open water angling season and
"Take a Kid Ice Fishing Weekend" for the ice angling season.

Sec. 13.

Minnesota Statutes 2008, section 97A.445, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Angling; Take a Kid Fishing in a State Park. new text end

new text begin A resident age 16 or older
may take fish by angling without an angling license in a state park or state recreation area
if accompanied by a child who is under age 16.
new text end

Sec. 14.

Minnesota Statutes 2008, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 deleted text begin must deleted text end new text begin
may not new text end obtain a small game license deleted text begin in order to deleted text end new text begin but may new text end take small game by firearms or
bow and arrow without deleted text begin paying the applicable fees under section 97A.475, subdivisions 2,
4, and 5, deleted text end new text begin a license new text end 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;

(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

(4) 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.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2008, section 97A.475, subdivision 3, is amended to read:

Subd. 3.

Nonresident hunting.

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

(1) for persons age 18 or over to take small game, $73;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $135;

(3) for persons age 18 new text begin or over new text end to take deer by archery, $135;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135;

(5) to take bear, $195;

(6) for persons age 18 and older to take turkey, $78;

(7) for persons under age 18 to take turkey, $12;

(8) to take raccoon or bobcat, $155;

(9) multizone license to take antlered deer in more than one zone, $270;

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

(11) for persons under age 18 to take deer with firearms during the regular firearms
season in any open season option or time period, $13;

(12) for persons under age 18 to take deer by archery, $13; and

(13) for persons under age 18 to take deer during the muzzleloader season, $13.

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (9). An additional commission may not be assessed on this
surcharge.

Sec. 16.

Minnesota Statutes 2008, section 97A.475, subdivision 11, is amended to read:

Subd. 11.

Fish houses deleted text begin and deleted text end new text begin , new text end dark houses new text begin , and shelters new text end ; residents.

Fees for the
following licenses are:

(1) annual for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $11.50;

(2) annual for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is rented, $26;

(3) three-year for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $34.50; and

(4) three-year for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is rented, $78.

Sec. 17.

Minnesota Statutes 2008, section 97A.475, subdivision 12, is amended to read:

Subd. 12.

Fish houses new text begin and shelters new text end ; nonresident.

Fees for fish house new text begin and shelter new text end
licenses for a nonresident are:

(1) annual, $33;

(2) seven consecutive days, $19; and

(3) three-year, $99.

Sec. 18.

Minnesota Statutes 2008, section 97A.475, subdivision 29, is amended to read:

Subd. 29.

Private fish hatcheries.

The fees for the following licenses to be issued
to residents and nonresidents are:

(1) for a private fish hatchery, with annual sales under $200, $70;

(2) for a private fish hatchery, with annual sales of $200 or more, $210 for the base
license. The commissioner must establish an additional fee based on the acreage of the
operation new text begin . Notwithstanding section 16A.1283, the commissioner may, by written order
published in the State Register, establish the additional fee required by this subdivision.
The fee is not subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply new text end ; and

(3) to take sucker eggs from public waters for a private fish hatchery, $400, plus
$6 for each quart in excess of 100 quarts.

Sec. 19.

Minnesota Statutes 2008, section 97A.525, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Residents deleted text end new text begin Generally new text end .

A deleted text begin resident deleted text end new text begin person new text end may transport wild animals
deleted text begin within the state deleted text end by common carrier without being in the vehicle if the deleted text begin resident deleted text end new text begin person new text end has
the license required to take the animals and they are shipped to the deleted text begin resident deleted text end new text begin person or to a
licensed taxidermist, tanner, or fur buyer new text end . deleted text begin The wild animals that may be transported
by common carrier are:
deleted text end

deleted text begin (1) deer, bear, elk, and moose;
deleted text end

deleted text begin (2) undressed game birds; and
deleted text end

deleted text begin (3) fish.
deleted text end

Sec. 20.

Minnesota Statutes 2008, section 97B.041, is amended to read:

97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
IN DEER ZONES.

A person may not possess a firearm or ammunition outdoors during the period
beginning the fifth day before the open firearms season and ending the second day after
the close of the season within an area where deer may be taken by a firearm, except:

(1) during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area new text begin and during that season new text end may be
used to take big game in that area if the person has a valid big game license in possession;

(2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;

(3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
or steel shot;

(4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
including .22 magnum caliber cartridges;

(5) handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and

(6) on a target range operated under a permit from the commissioner.

deleted text begin This section does not apply during an open firearms season in an area where deer
may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
taking of deer may be possessed only by persons with a valid license to take deer by
muzzleloader during that season.
deleted text end

Sec. 21.

Minnesota Statutes 2008, section 97B.086, is amended to read:

97B.086 POSSESSION OF NIGHT VISION EQUIPMENT.

(a) A person may not possess night vision deleted text begin goggle deleted text end equipment while taking 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.

(b) This section does not apply to a firearm that is:

(1) unloaded;

(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

(3) in the closed trunk of a motor vehicle.

(c) This section does not apply to a bow that is:

(1) completely encased or unstrung; and

(2) in the closed trunk of a motor vehicle.

(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.

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

Sec. 22.

Minnesota Statutes 2008, section 97B.111, subdivision 1, is amended to read:

Subdivision 1.

Establishment; requirements.

The commissioner may establish
criteria, special seasons, and limits for persons who have a physical disability to take big
game and small game with firearms and by archery in designated areas. A person hunting
under this section who has a physical disability must have a verified statement of the
disability by a licensed physician and must be participating in a program for physically
disabled hunters sponsored by a nonprofit organization that is permitted under subdivision
2. new text begin Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt
participants to shoot from a stationary motor vehicle. new text end A license is not required for a person
to assist a physically disabled person hunting during a special season under this section.

Sec. 23.

Minnesota Statutes 2008, section 97B.651, is amended to read:

97B.651 UNPROTECTED MAMMALS AND BIRDS.

new text begin Subdivision 1. new text end

new text begin Taking unprotected mammals and birds. new text end

Mammals that are
unprotected wild animals and unprotected birds may be taken at any time and in any
manner, except with artificial lights, or by using a motor vehicle in violation of section
97B.091. Poison may not be used to take unprotected mammals or unprotected birds
unless the safety of humans and domestic livestock is ensured. Unprotected mammals
and unprotected birds may be possessed, bought, sold, or transported in any quantity new text begin ,
except as provided in subdivision 2 new text end .

new text begin Subd. 2. new text end

new text begin Taking and possessing live coyotes. new text end

new text begin A person may not remove a live
coyote from the site where taken and may not possess, transport, buy, or sell a live coyote
at any time.
new text end

Sec. 24.

Minnesota Statutes 2008, section 97C.355, subdivision 2, is amended to read:

Subd. 2.

License required.

A person may not leave a dark house deleted text begin or deleted text end new text begin , new text end fish house new text begin , or
shelter new text end unattended on the ice at any time between midnight and one hour before sunrise
unless the house new text begin or shelter new text end is licensed and has deleted text begin a deleted text end new text begin the new text end license tag attached to the exterior in a
readily visible location, except as provided in this subdivision. The commissioner must
issue a tag with a dark house deleted text begin or deleted text end new text begin , new text end fish house new text begin , or shelter new text end license, marked with a number to
correspond with the license and the year of issue. A dark house deleted text begin or deleted text end new text begin , new text end fish house new text begin , or shelter new text end
license is not required of a resident on boundary waters where the adjacent state does not
charge a fee for the same activity.

Sec. 25. new text begin RULEMAKING.
new text end

new text begin (a) The commissioner of natural resources shall adopt or amend rules to establish
minimum size limits for muskellunge on inland waters consistent with the provisions
of this section. The commissioner must:
new text end

new text begin (1) establish a 48-inch statewide minimum size restriction for muskellunge and
muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause
(2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington Counties; and
new text end

new text begin (2) establish a 40-inch minimum size restriction for muskellunge-northern pike
hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington Counties:
new text end

	new text begin LAKE new text end	new text begin COUNTY new text end
	new text begin Bryant new text end	new text begin Hennepin new text end
	new text begin Bush new text end	new text begin Hennepin new text end
	new text begin Calhoun new text end	new text begin Hennepin new text end
	new text begin Cedar new text end	new text begin Hennepin new text end
	new text begin Cedar new text end	new text begin Scott new text end
	new text begin Clear new text end	new text begin Washington new text end
	new text begin Crystal new text end	new text begin Dakota new text end
	new text begin Crystal new text end	new text begin Hennepin new text end
	new text begin Eagle new text end	new text begin Carver new text end
	new text begin Elmo new text end	new text begin Washington new text end
	new text begin Gervais new text end	new text begin Ramsey new text end
	new text begin Island new text end	new text begin Ramsey new text end
	new text begin Isles new text end	new text begin Hennepin new text end
	new text begin Johanna new text end	new text begin Ramsey new text end
	new text begin Nokomis new text end	new text begin Hennepin new text end
	new text begin Orchard new text end	new text begin Dakota new text end
	new text begin Phalen new text end	new text begin Ramsey new text end
	new text begin Pierson new text end	new text begin Carver new text end
	new text begin Silver new text end	new text begin Ramsey new text end
	new text begin Wasserman new text end	new text begin Carver new text end
	new text begin Weaver new text end	new text begin Hennepin new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section
14.386, does not apply except as provided in Minnesota Statutes, section 14.388.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 97A.525, subdivision 2; and 97C.405, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Laws 2008, chapter 368, article 2, section 25, new text end new text begin the effective date, is repealed the
day following final enactment.
new text end