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Minnesota Legislature

Office of the Revisor of Statutes

HF 1238

2nd Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to game and fish; modifying refund provisions; 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; modifying provisions relating to
the possession of certain weapons; removing bow and gun case requirements;
authorizing certain fees; requiring rulemaking; amending Minnesota Statutes
2008, sections 17.4981; 17.4988, subdivision 3; 84.027, subdivision 13;
84.788, subdivision 11; 84.798, subdivision 10; 84.82, subdivision 11; 84.922,
subdivision 12; 86B.415, subdivision 11; 97A.051, subdivision 2; 97A.075,
subdivision 1; 97A.095, subdivision 2; 97A.137, by adding subdivisions;
97A.405, subdivision 4; 97A.421, subdivision 1; 97A.441, subdivision 7;
97A.445, subdivision 1, by adding a subdivision; 97A.451, subdivision 2;
97A.465, subdivision 1b; 97A.475, subdivisions 2, 3, 7, 11, 12, 29; 97A.525,
subdivision 1; 97B.035, subdivision 2; 97B.041; 97B.045, subdivisions 1, 2;
97B.051; 97B.055, subdivision 3; 97B.086; 97B.111, subdivision 1; 97B.211,
subdivision 1; 97B.328, subdivision 3; 97B.425; 97B.651; 97B.811, subdivisions
2, 3; 97B.931, subdivision 1; 97C.315, subdivision 1; 97C.355, subdivision 2;
97C.371, by adding a subdivision; 97C.385, subdivision 2; 97C.395, subdivision
1; Laws 2008, chapter 368, article 2, section 25; repealing Minnesota Statutes
2008, sections 97A.525, subdivision 2; 97B.301, subdivisions 7, 8; 97C.405.

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 beginNotwithstanding 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 endThe 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 beginand additional new text endfees.

new text beginNotwithstanding section 16A.1283, new text endthe
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 84.027, subdivision 13, is amended to read:


Subd. 13.

Game and fish rules.

(a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:

(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, new text beginto open or close bodies of water or portions of bodies of water for night bow
fishing,
new text endand to prohibit or allow importation, transportation, or possession of a wild animal;

(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and

(3) section 84D.12 to designate prohibited invasive species, regulated invasive
species, unregulated nonnative species, and infested waters.

(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459, the commissioner may adopt a rule under this subdivision
by submitting the rule to the attorney general for review under section 97A.0455,
publishing a notice in the State Register and filing the rule with the secretary of state and
the Legislative Coordinating Commission, and complying with section 97A.0459, and
including a statement of the emergency conditions and a copy of the rule in the notice. new text beginThe
emergency conditions for opening a water body or portion of a water body for night bow
fishing under this section may include the need to temporarily open the area to evaluate
compatibility of the activity on that body of water prior to permanent rulemaking.
new text endThe
notice may be published after it is received from the attorney general or five business days
after it is submitted to the attorney general, whichever is earlier.

(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:

(1) the commissioner of natural resources determines that an emergency exists;

(2) the attorney general approves the rule; and

(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.

(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.

(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.

(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.

(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
adopted.

Sec. 4.

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 begin12
months
deleted text endnew text begin 60 daysnew text end of the original registrationnew text begin, the registration is not used or transferred,new text end and:

(1) the off-highway motorcycle was registered incorrectly deleted text beginby 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. 5.

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 begin12
months
deleted text endnew text begin 60 daysnew text end of the original registration deleted text beginand the vehicle was registered incorrectly by
the commissioner or the deputy registrar.
deleted text endnew 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. 6.

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 begin12
months
deleted text endnew text begin 60 daysnew text end of the original registrationnew text begin, the registration is not used or transferred,new text end and:

(1) the snowmobile was registered incorrectly deleted text beginby 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. 7.

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 begin12
months
deleted text endnew text begin 60 daysnew text end of the original registrationnew text begin, the registration is not used or transferred,new text end and:

(1) the vehicle was registered incorrectly deleted text beginby 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. 8.

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 begin12 monthsdeleted text endnew text begin 60 daysnew text end of the original license or titlenew 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 beginby 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. 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 auditorsdeleted text endnew text begin license vendorsnew 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.075, subdivision 1, is amended to read:


Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses
(5), (6), (7), deleted text begin(11),deleted text end (13), new text begin(14), and new text end(15), deleted text begin(16), and (17),deleted text end and 3, clauses (2), (3), (4),
deleted text begin (9)deleted text endnew text begin (10)new text end, (11), new text beginand new text end(12), deleted text beginand (13),deleted text end and licenses issued under section 97B.301, subdivision 4.

(b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under section
97A.473, subdivision 4, shall be credited to the deer management account and shall be
used for deer habitat improvement or deer management programs.

(c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, shall be credited to the deer and bear
management account and shall be used for deer and bear management programs, including
a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding
and wild cervidae health management account and is appropriated for emergency deer
feeding and wild cervidae health management. Money appropriated for emergency
deer feeding and wild cervidae health management is available until expended. When
the unencumbered balance in the appropriation for emergency deer feeding and wild
cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first
time, $750,000 is canceled to the unappropriated balance of the game and fish fund.
The commissioner must inform the legislative chairs of the natural resources finance
committees every two years on how the money for emergency deer feeding and wild
cervidae health management has been spent.

Thereafter, when the unencumbered balance in the appropriation for emergency deer
feeding and wild cervidae health management exceeds $2,500,000 at the end of a fiscal
year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer
and bear management programs and computerized licensing.

Sec. 11.

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 beginof less than
30 pounds thrust
deleted text endnew text begin with battery power of 12 volts or lessnew text end. The commissioner may, by rule,
further restrict the use of electric motors in migratory waterfowl feeding and resting areas.

Sec. 12.

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 F or .22 inch diameter,
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. 13.

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


new text begin Subd. 5. new text end

new text begin Portable stands. new text end

new text begin Prior to the Saturday on or nearest September 16, a
portable stand may be left overnight in a wildlife management area by a person with a
valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged
and registered as prescribed under section 97B.425. Any person leaving a portable stand
overnight under this subdivision must affix the person's name and address to the stand in
such a manner that it can be read from the ground.
new text end

Sec. 14.

Minnesota Statutes 2008, 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. A refund of the difference in fees may be issued when a person
changes from a regular deer license to a youth deer license. deleted text beginWhen 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.
deleted text end

(b) A replacement license may be issued only if the applicant has not used any
tag from the original license or licenses and meets the conditions of paragraph (c). The
original license or licenses and all unused tags for the licenses being replaced 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;new text begin or
new text end

(2) when the person is deleted text beginupgrading from a regular firearms or archery deer license to
an all season deer license;
deleted text end

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

deleted text begin (4) when the person isdeleted text end changing from a regular deleted text beginfirearmsdeleted text end deer license to a youth
deer license.

(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. 15.

Minnesota Statutes 2008, section 97A.421, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) The annual license of a person convicted of a violation
of the game and fish laws relating to the license or wild animals covered by the license
is void when:

(1) a second conviction occurs within three years under a license to new text begintrap fur-bearing
animals,
new text endtake small game or to take fish by angling or spearing;

(2) a third conviction occurs within one year under a minnow dealer's license;

(3) a second conviction occurs within three years for violations of section 97A.425
that do not involve falsifications or intentional omissions of information required to be
recorded, or attempts to conceal unlawful acts within the records;

(4) two or more misdemeanor convictions occur within a three-year period under a
private fish hatchery license;

(5) the conviction occurs under a license not described in clause (1), (2), or (4) or is
for a violation of section 97A.425 not described in clause (3); or

(6) the conviction is related to assisting a person in the illegal taking, transportation,
or possession of wild animals, when acting as a hunting or angling guide.

(b) Except for big game licenses and as otherwise provided in this section, for one
year after the conviction the person may not obtain the kind of license or take wild
animals under a lifetime license, issued under section 97A.473 or 97A.474, relating to
the game and fish law violation.

Sec. 16.

Minnesota Statutes 2008, 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 resident who is an owner or
tenant, or a nonresident who is an owner, of 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, deleted text beginclauses (4) and (13)deleted text endnew text begin clause (5)new text end.

Sec. 17.

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


Subdivision 1.

Angling; Take a Kid Fishing Weekends.

A resident deleted text beginover age 18deleted text endnew 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. 18.

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 in a state park. new text end

new text begin A resident may take fish by angling without
an angling license when shore fishing or wading on state-owned land within a state park.
When angling from a boat or float, this subdivision applies only to those water bodies
completely encompassed within the statutory boundary of the state park. The exemption
from an angling license does not apply to waters where a trout stamp is required.
new text end

Sec. 19.

Minnesota Statutes 2008, section 97A.451, subdivision 2, is amended to read:


Subd. 2.

Residents under age 16; fishing.

A resident under the age of 16 years
may take fish without a license.new text begin A person authorized to issue licenses must issue a license
to a resident under the age of 16 without a fee to net ciscoes and whitefish for personal
consumption under section 97A.475, subdivision 13.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2010.
new text end

Sec. 20.

Minnesota Statutes 2008, section 97A.465, subdivision 1b, is amended to read:


Subd. 1b.

Residents discharged from active service.

(a) A resident who has served
at any time during the preceding 24 months in federal active service, as defined in section
190.05, subdivision 5c, outside the United States as a member of the National Guard, or as
a reserve component or active duty member of the United States armed forces and has
been discharged from active service may take small game and fish without a license if the
resident possesses official military discharge papers. The resident must obtain the seals,
tags, and coupons required of a licensee, which must be furnished without charge.

(b) The commissioner shall issue, without fee, a deer licensenew text begin, valid for a deer of
either sex,
new text end to a resident who has served at any time during the preceding 24 months in
federal active service, as defined in section 190.05, subdivision 5c, outside the United
States as a member of the National Guard, or as a reserve component or active duty
member of the United States armed forces and has been discharged from active service.
Eligibility under this paragraph is limited to one license per resident.

Sec. 21.

Minnesota Statutes 2008, 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) for persons age 18 or over to take turkey, $23;

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

(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $26;

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

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $26;

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

(9) to take bear, $38;

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

(11) deleted text beginmultizone license to take antlered deer in more than one zone, $52;
deleted text end

deleted text begin (12)deleted text end to take Canada geese during a special season, $4;

deleted text begin (13) all season license to take three deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;
deleted text end

deleted text begin (14)deleted text endnew text begin (12)new text end to take prairie chickens, $20;

deleted text begin (15)deleted text endnew text begin (13)new text end for persons under age 18 to take deer with firearms during the regular
firearms season, $13;

deleted text begin (16)deleted text endnew text begin (14)new text end for persons under age 18 to take deer by archery, $13; and

deleted text begin (17)deleted text endnew text begin (15)new text end for persons under age 18 to take deer by muzzleloader during the
muzzleloader season, $13.

Sec. 22.

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 18new text begin or overnew 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) deleted text beginmultizone license to take antlered deer in more than one zone, $270;deleted text end

deleted text begin (10)deleted text end to take Canada geese during a special season, $4;

deleted text begin (11)deleted text end new text begin(10)new text end for persons under age 18 to take deer with firearms during the regular
firearms season in any open season option or time period, $13;

deleted text begin (12)deleted text end new text begin(11)new text end for persons under age 18 to take deer by archery, $13; and

deleted text begin (13)deleted text end new text begin(12)new text end 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 deleted text begin(9)deleted text end new text begin(8)new text end. An additional commission may not be assessed
on this surcharge.

Sec. 23.

Minnesota Statutes 2008, section 97A.475, subdivision 7, is amended to read:


Subd. 7.

Nonresident fishing.

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

(1) to take fish by angling, $37.50;

(2) to take fish by angling limited to seven consecutive days selected by the licensee,
$26.50;

(3) to take fish by angling for a 72-hour period selected by the licensee, $22;

(4) to take fish by angling for a combined license for a family for one or both parents
and dependent children under the age of 16, $50.50;

(5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; deleted text beginand
deleted text end

(6) to take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, $38.50deleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) to take fish by spearing from a dark house, $37.50.
new text end

(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clause (5). An additional commission may not be assessed
on this surcharge.

Sec. 24.

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


Subd. 11.

Fish houses deleted text beginanddeleted text endnew text begin,new text end dark housesnew text begin, and sheltersnew text end; residents.

Fees for the
following licenses are:

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

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

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

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

Sec. 25.

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


Subd. 12.

Fish housesnew text begin, dark houses, and sheltersnew text end; nonresident.

Fees for fish
housenew text begin, dark house, and shelternew text end licenses for a nonresident are:

(1) annual, $33;

(2) seven consecutive days, $19; and

(3) three-year, $99.

Sec. 26.

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
operationnew 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. 27.

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


Subdivision 1.

deleted text beginResidentsdeleted text endnew text begin Generallynew text end.

A deleted text beginresidentdeleted text end new text beginperson new text endmay transport wild animals
deleted text begin within the statedeleted text end by common carrier without being in the vehicle if the deleted text beginresidentdeleted text end new text beginperson
new text endhas the license required to take the animals and they are shipped to the deleted text beginresident.deleted text end deleted text beginThe
wild animals that may be transported by common carrier are:
deleted text endnew text begin person or to a licensed
taxidermist, tanner, or fur buyer.
new 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. 28.

Minnesota Statutes 2008, section 97B.035, subdivision 2, is amended to read:


Subd. 2.

Possession of crossbows.

A person may not possess a crossbow deleted text beginoutdoorsdeleted text end
deleted text begin ordeleted text end in a motor vehicle during the open season for any game, unless the crossbow is deleted text beginunstrung,
and in a case or in a closed trunk of a motor vehicle
deleted text end new text beginnot armed with a bolt or arrownew text end.

Sec. 29.

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 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 deleted text beginthat is in a case or in a closed trunk of a motor vehicledeleted text end;

(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.

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.

Sec. 30.

Minnesota Statutes 2008, section 97B.045, subdivision 1, is amended to read:


Subdivision 1.

Restrictions.

new text begin(a) new text endA person may not transport a firearm in a motor
vehicle unless the firearm is:

(1) unloaded and in a gun case expressly made to contain a firearm, and the case
fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened,
and without any portion of the firearm exposed;

(2) unloaded and in the closed trunk of a motor vehicle; or

(3) a handgun carried in compliance with sections 624.714 and 624.715.

new text begin (b) Notwithstanding paragraph (a), a person may transport an unloaded, uncased
firearm, excluding a pistol as defined under section 624.712, subdivision 2, unless:
new text end

new text begin (1) within an area where the discharge of a firearm has been prohibited under section
471.633;
new text end

new text begin (2) within the boundaries of a home rule charter or statutory city with a population
of 2,500 or more;
new text end

new text begin (3) on school grounds as regulated under section 609.66, subdivision 1d; or
new text end

new text begin (4) otherwise restricted under section 97A.091, 97B.081, or 97B.086.
new text end

Sec. 31.

Minnesota Statutes 2008, section 97B.045, subdivision 2, is amended to read:


Subd. 2.

Exception for disabled persons.

The restrictions in subdivision 1 do
not apply to a disabled person if:

(1) the person possesses a permit under section 97B.055, subdivision 3;new text begin andnew text end

deleted text begin (2) the person is participating in a hunt sponsored by a nonprofit organization under a
permit from the commissioner or is hunting on property owned or leased by the person; and
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end the firearm is not loaded in the chamber until the vehicle is stationary, or is a
hinge action firearm with the action open until the vehicle is stationary.

Sec. 32.

Minnesota Statutes 2008, section 97B.051, is amended to read:


97B.051 TRANSPORTATION OF ARCHERY BOWS.

Except as specified under section 97B.055, subdivision 2, a person may not transport
an archery bow in a motor vehicle unless the bow isdeleted text begin:deleted text endnew text begin not armed with a bolt or arrow.new text end

deleted text begin (1) unstrung;
deleted text end

deleted text begin (2) completely contained in a case; or
deleted text end

deleted text begin (3) in the closed trunk or rear-most enclosed portion of a motor vehicle that is not
accessible from the passenger compartment.
deleted text end

Sec. 33.

Minnesota Statutes 2008, 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 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 lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist breathing.

(b) The permanent 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
disabled as described in this section is guilty of a misdemeanor.

new text begin (g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
the entire life of the applicant if the commissioner determines that there is no chance
that an applicant will become ineligible for a permit under this section and the applicant
requests a lifetime permit.
new text end

Sec. 34.

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 begingoggledeleted 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. 35.

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 beginNotwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt
participants to shoot from a stationary motor vehicle.
new text endA license is not required for a person
to assist a physically disabled person hunting during a special season under this section.

Sec. 36.

Minnesota Statutes 2008, section 97B.211, subdivision 1, is amended to read:


Subdivision 1.

Possession of firearms prohibited.

new text begin(a) new text endA person may not take deer
by archery while in possession of a firearm.

new text begin (b) Paragraph (a) does not apply to a handgun carried in compliance with section
624.714.
new text end

Sec. 37.

Minnesota Statutes 2008, section 97B.328, subdivision 3, is amended to read:


Subd. 3.

Definition.

For purposes of this section, "bait or feed" includes grains,
fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer
and that has been placed by a person. Liquid scents, salt, new text beginand new text endmineralsdeleted text begin, and bird feeders
containing grains or nuts that are at least six feet above the ground
deleted text end are not bait or feed.
Foodnew text begin that has not been placed by a person andnew text end resulting from normal or accepted farming,
forest management, wildlife food plantings, orchard management, or other similar land
management activities is not bait or feed.

Sec. 38.

Minnesota Statutes 2008, section 97B.425, is amended to read:


97B.425 BAITING BEARS.

new text begin (a) new text endNotwithstanding section 609.68, a person may place bait to take bear and must
display a tag at each site where bait is placed and register the sites. The commissioner
shall prescribe the method of tagging and registering the sites. The tag displayed at each
site where bait is placed must contain identification information for a licensed bear hunter
or a licensed bear outfitter. A person must have the license identification number of the
person with the bear license in their possession or be a licensed bear outfitter while
attending a bear bait station. To attract bear a person may not use a bait with:

(1) a carcass from a mammal, if the carcass contains more than 25 percent of the
intact carcass;

(2) meat from mammals, if the meat contains bones;

(3) bones of mammals;

(4) solid waste containing bottles, cans, plastic, paper, or metal;

(5) materials that are not readily biodegradable; or

(6) any part of a swine, except cured pork.

new text begin (b) A private landowner or person authorized by the private landowner may use a
barrel to bait bear on the person's private land. The barrel must be securely chained or
cabled to a tree so that it cannot be moved from the site by a bear and the barrel may
not include a mechanical device for dispensing feed. The barrel must be marked with
the name and address of the person who registered the bait site. For purposes of this
paragraph, "barrel" means a 30 gallon or larger drum.
new text end

Sec. 39.

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 quantitynew text begin, except
importation or exportation is restricted 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 export a live
coyote out of the state or import a live coyote into the state unless authorized under a
permit from the commissioner.
new text end

Sec. 40.

Minnesota Statutes 2008, section 97B.811, subdivision 2, is amended to read:


Subd. 2.

Hours for placing decoys.

Except as provided in subdivisions 3 and 4,
a person may not place decoys in public waters or on public lands more than deleted text beginone hourdeleted text end
new text begin two hours new text endbefore lawful shooting hours for waterfowl.

Sec. 41.

Minnesota Statutes 2008, section 97B.811, subdivision 3, is amended to read:


Subd. 3.

Restrictions on leaving decoys unattended.

During the open season
for waterfowl, a person may not leave decoys in public waters between sunset and one
hour before lawful shooting hours or leave decoys unattended during other times for
more than four consecutive hours unlessdeleted text begin:
deleted text end

deleted text begin (1)deleted text end the decoys are in waters deleted text beginadjacent todeleted text endnew text begin completely surrounded bynew text end private land deleted text beginunder
the control of the hunter; and
deleted text endnew text begin and there is no public access to the water.
new text end

deleted text begin (2) there is not natural vegetation growing in water sufficient to partially conceal
a hunter.
deleted text end

Sec. 42.

Minnesota Statutes 2008, section 97B.931, subdivision 1, is amended to read:


Subdivision 1.

Restrictions.

A person may not tend a trap set for wild animals
between 10:00 p.m. and 5:00 a.m. Between 5:00 a.m. and 10:00 p.m. a person on foot
may use a portable artificial light to tend traps. While using a light in the field, the person
may not possess or use a firearm other than a handgunnew text begin or rifle capable of firing only
rimfire cartridges
new text end ofnew text begin .17 ornew text end .22 calibernew text begin including .22 magnumnew text end.

Sec. 43.

Minnesota Statutes 2008, section 97C.315, subdivision 1, is amended to read:


Subdivision 1.

Lines.

An angler may deleted text beginnotdeleted text end use deleted text beginmore than one line except:
deleted text end

deleted text begin (1)deleted text end two lines deleted text beginmay be useddeleted text end to take fish deleted text beginthrough the ice; anddeleted text endnew text begin.
new text end

deleted text begin (2) the commissioner may, by rule, authorize the use of two lines in areas designated
by the commissioner in Lake Superior.
deleted text end

Sec. 44.

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 beginordeleted text endnew text begin,new text end fish housenew text begin, or
shelter
new text end unattended on the ice at any time between midnight and one hour before sunrise
unless the housenew text begin or shelternew text end is licensed and has deleted text beginadeleted text endnew text begin thenew 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 beginordeleted text endnew text begin,new text end fish housenew text begin, or shelternew text end license, marked with a number to
correspond with the license and the year of issue. A dark house deleted text beginordeleted text endnew text begin,new text end fish housenew text begin, or shelternew 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. 45.

Minnesota Statutes 2008, section 97C.371, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Nonresidents. new text end

new text begin Nonresidents may spear from a fish house or dark house.
new text end

Sec. 46.

Minnesota Statutes 2008, section 97C.385, subdivision 2, is amended to read:


Subd. 2.

deleted text beginSummerdeleted text end Angling deleted text beginlimits must be same asdeleted text endnew text begin andnew text end spearingnew text begin limitsnew text end.

new text begin(a) new text endIf the
commissioner reduces the limit of a species of game fish taken by spearing in any waters
under section 97A.045, subdivision 2, the commissioner must reduce the limit for taking
of the species by angling in the waters during the following open season for angling.

new text begin (b) The commissioner shall not limit the size of a northern pike allowed to be taken
by spear.
new text end

Sec. 47.

Minnesota Statutes 2008, section 97C.395, subdivision 1, is amended to read:


Subdivision 1.

Dates for certain species.

(a) The open seasons to take fish by
angling are as follows:

(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and
smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend
to the last Sunday in February;

(2) for lake trout, from January 1 to October 31;

(3) for the winter season for lake trout on all lakesnew text begin located outside or partially within
the Boundary Waters Canoe Area
new text end, from January 15 to March 31;

(4)new text begin for the winter season for lake trout on all lakes located entirely within the
Boundary Waters Canoe Area, from January 1 to March 31;
new text end

new text begin (5)new text end for brown trout, brook trout, rainbow trout, and splake, between January 1 to
October 31 as prescribed by the commissioner by rule except as provided in section
97C.415, subdivision 2;

deleted text begin (5)deleted text endnew text begin (6)new text end for the winter season for brown trout, brook trout, rainbow trout, and splake
on all lakes, from January 15 to March 31; and

deleted text begin (6)deleted text endnew text begin (7)new text end for salmon, as prescribed by the commissioner by rule.

(b) The commissioner shall close the season in areas of the state where fish are
spawning and closing the season will protect the resource.

Sec. 48.

Laws 2008, chapter 368, article 2, section 25, the effective date, is amended to
read:


EFFECTIVE DATE.

The amendments to paragraph (a) are effective March 1,
deleted text begin 2009deleted text endnew text begin 2010new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2009.
new text end

Sec. 49. new text beginELK MANAGEMENT PLAN.
new text end

new text begin (a) Within 90 days of the effective date of this section, the commissioner of natural
resources shall:
new text end

new text begin (1) develop an elk management plan consistent with the requirements under
Minnesota Statutes, section 97B.516;
new text end

new text begin (2) present the elk management plan to the Kittson, Marshall, and Roseau County
Boards; and
new text end

new text begin (3) begin implementing the plan.
new text end

new text begin (b) If the commissioner fails to meet all the requirements in paragraph (a), the
commissioner shall establish an open season for elk in Kittson, Marsha1l, and Roseau
Counties to begin in 2009 and continue until the elk population reaches 30 or less in
Marshall County and 30 or less in Kittson County.
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. 50. new text beginRULEMAKING.
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. 51. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 97A.525, subdivision 2; 97B.301, subdivisions 7
and 8; and 97C.405,
new text end new text begin are repealed.
new text end