HF 1280

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; changing the undesirable 
  1.3             exotic species law; restricting taking migratory 
  1.4             birds; regulating use of traps; making miscellaneous 
  1.5             game and fish law changes; amending Minnesota Statutes 
  1.6             1994, sections 18.317; 84.796; 84.81, by adding a 
  1.7             subdivision; 84.82, by adding a subdivision; 84.92, 
  1.8             subdivision 8; 84.968, subdivision 1; 84.9691; 
  1.9             84.9692, subdivisions 1, 2, and by adding a 
  1.10            subdivision; 86B.401, subdivision 11; 97A.045, by 
  1.11            adding a subdivision; 97A.401, subdivision 3; 97B.055, 
  1.12            subdivision 3; 97B.075; 97B.731, subdivision 1; 
  1.13            97B.931; 97C.355, subdivision 2; and 97C.505, 
  1.14            subdivision 4; Laws 1994, chapter 623, article 1, 
  1.15            section 45; proposing coding for new law in Minnesota 
  1.16            Statutes, chapter 18. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  [18.316] [DEFINITIONS.] 
  1.19     Subdivision 1.  [ECOLOGICALLY HARMFUL EXOTIC SPECIES.] 
  1.20  "Ecologically harmful exotic species" has the meaning given in 
  1.21  section 84.967. 
  1.22     Subd. 2.  [UNDESIRABLE EXOTIC SPECIES.] "Undesirable exotic 
  1.23  species" means ecologically harmful exotic species that have 
  1.24  been determined by the commissioner of natural resources to pose 
  1.25  a substantial threat to native species in this state. 
  1.26     Subd. 3.  [WATERCRAFT.] "Watercraft" means any contrivance 
  1.27  used or designed for navigation on water and includes seaplanes. 
  1.28     Subd. 4.  [WATER MILFOIL.] "Water milfoil" means Eurasian, 
  1.29  Northern, whorled, or any other species in the genus 
  1.30  Myriophyllum. 
  1.31     Subd. 5.  [WATERS OF THE STATE.] "Waters of the state" has 
  2.1   the meaning given in section 103G.005, subdivision 17. 
  2.2      Subd. 6.  [ZEBRA MUSSELS.] "Zebra mussels" means a species 
  2.3   of the genus Dreissena. 
  2.4      Sec. 2.  Minnesota Statutes 1994, section 18.317, is 
  2.5   amended to read: 
  2.6      18.317 [UNDESIRABLE EXOTIC AQUATIC PLANTS OR WILD ANIMALS 
  2.7   SPECIES.] 
  2.8      Subdivision 1.  [TRANSPORTATION PROHIBITED.] Except as 
  2.9   provided in subdivision 2, a person may not transport Eurasian 
  2.10  or Northern water milfoil, myriophyllum spicatum or exalbescens, 
  2.11  zebra mussels, or undesirable exotic aquatic plants or wild 
  2.12  animals identified by the commissioner of natural 
  2.13  resources species on a road or highway, as defined in section 
  2.14  160.02, subdivision 7, or on forest roads. 
  2.15     Subd. 1a.  [PLACEMENT PROHIBITED.] A person may not 
  2.16  intentionally place undesirable exotic aquatic plants or wild 
  2.17  animals, as defined in section 84.967 species, identified by the 
  2.18  commissioner of natural resources, in public waters within the 
  2.19  state. 
  2.20     Subd. 2.  [EXCEPTION.] (a) Except as otherwise prohibited 
  2.21  by law, a person may transport Eurasian or Northern water 
  2.22  milfoil, myriophyllum spicatum or exalbescens, or other 
  2.23  undesirable exotic aquatic plants or wild animals identified by 
  2.24  the commissioner of natural resources species for disposal as 
  2.25  part of a harvest or control activity conducted under a permit 
  2.26  or as specified by the commissioner. 
  2.27     Subd. 3.  [LAUNCHING OF WATERCRAFT WITH EURASIAN OR 
  2.28  NORTHERN WATER MILFOIL OR OTHER HARMFUL AND UNDESIRABLE SPECIES 
  2.29  PROHIBITED.] (a) A person may not place a trailer or launch a 
  2.30  watercraft into waters of the state if the trailer or watercraft 
  2.31  has attached to it Eurasian or Northern water milfoil, zebra 
  2.32  mussels, or other undesirable exotic aquatic plants or wild 
  2.33  animals identified by the commissioner of natural 
  2.34  resources species.  A conservation officer or other licensed 
  2.35  peace officer may order the removal of Eurasian or Northern 
  2.36  water milfoil, zebra mussels, or other undesirable 
  3.1   exotic aquatic plants or wild animals identified by the 
  3.2   commissioner of natural resources species from a trailer or 
  3.3   watercraft before being placed or launched into waters of the 
  3.4   state. 
  3.5      (b) For purposes of this section, the meaning of watercraft 
  3.6   includes a float plane and "waters of the state" has the meaning 
  3.7   given in section 103G.005, subdivision 17. 
  3.8      (c) A commercial harvester shall clean aquatic plant 
  3.9   harvesting equipment of all aquatic vegetation at a suitable 
  3.10  location before launching the equipment in another body of water.
  3.11     Subd. 3a.  [INSPECTION OF WATERCRAFT AND EQUIPMENT.] 
  3.12  Watercraft and associated equipment, including weed harvesters, 
  3.13  that are removed from any waters of the state that the 
  3.14  commissioner of natural resources identifies as being 
  3.15  contaminated with Eurasian water milfoil, zebra mussels, or 
  3.16  other undesirable exotic aquatic plants or wild animals 
  3.17  identified by the commissioner of natural resources species, 
  3.18  shall be randomly inspected between May 1 and October 15 for a 
  3.19  minimum of 10,000 hours by personnel authorized by the 
  3.20  commissioner of natural resources.  Beginning in calendar year 
  3.21  1994, a minimum of 20,000 hours of random inspections must be 
  3.22  conducted per year. 
  3.23     Subd. 4.  [ENFORCEMENT.] This section may be enforced by 
  3.24  conservation officers under sections 97A.205, 97A.211, and 
  3.25  97A.221, subdivision 1, paragraph (a), clause (1), and by other 
  3.26  licensed peace officers. 
  3.27     Subd. 5.  [PENALTY.] A person who violates subdivision 1, 
  3.28  1a, 3, or 3a is guilty of a misdemeanor.  A person who refuses 
  3.29  to obey the order of a peace officer or conservation officer to 
  3.30  remove Eurasian or Northern water milfoil, zebra mussels, or 
  3.31  other undesirable exotic aquatic plants or wild animals species 
  3.32  from a trailer or watercraft is guilty of a misdemeanor. 
  3.33     Sec. 3.  Minnesota Statutes 1994, section 84.796, is 
  3.34  amended to read: 
  3.35     84.796 [PENALTIES.] 
  3.36     Subdivision 1.  [STATUTES.] A person who violates a 
  4.1   provision of section 84.788, 84.789, 84.792, 84.793, or 84.795 
  4.2   is guilty of a misdemeanor. 
  4.3      Subd. 2.  [RULES.] A person who violates a provision of a 
  4.4   rule promulgated pursuant to section 84.79 is guilty of a petty 
  4.5   misdemeanor. 
  4.6      Sec. 4.  Minnesota Statutes 1994, section 84.81, is amended 
  4.7   by adding a subdivision to read: 
  4.8      Subd. 12.  [COLLECTOR SNOWMOBILE.] "Collector snowmobile" 
  4.9   means a snowmobile that is 25 years old or older, originally 
  4.10  produced as a separate identifiable make by a manufacturer, and 
  4.11  that is owned and operated solely as a collector's item. 
  4.12     Sec. 5.  Minnesota Statutes 1994, section 84.82, is amended 
  4.13  by adding a subdivision to read: 
  4.14     Subd. 7a.  [COLLECTOR SNOWMOBILES.] The commissioner of 
  4.15  natural resources may issue special permits to a person or 
  4.16  organization to operate or transport a collector snowmobile 
  4.17  without registration in parades or organized group outings, such 
  4.18  as races, rallies, other promotional events, and, for up to ten 
  4.19  days each year, for personal transportation.  The commissioner 
  4.20  may impose reasonable restrictions on a special permittee and 
  4.21  may revoke, amend, suspend, or modify a permit for cause. 
  4.22     Sec. 6.  Minnesota Statutes 1994, section 84.92, 
  4.23  subdivision 8, is amended to read: 
  4.24     Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
  4.25  "vehicle" means a motorized flotation-tired vehicle of not less 
  4.26  than three low pressure tires, but not more than six tires, that 
  4.27  is limited in engine displacement of less than 800 cubic 
  4.28  centimeters and total dry weight less than 600 800 pounds.  
  4.29     Sec. 7.  Minnesota Statutes 1994, section 84.968, 
  4.30  subdivision 1, is amended to read: 
  4.31     Subdivision 1.  [MANAGEMENT PLAN.] (a) By January 1, 1993, 
  4.32  a long-term statewide ecologically harmful exotic species 
  4.33  management plan must be prepared by the commissioner of natural 
  4.34  resources and address the following:  
  4.35     (1) coordinated detection and prevention of accidental 
  4.36  introductions; 
  5.1      (2) coordinated dissemination of information about 
  5.2   ecologically harmful exotic species among resource management 
  5.3   agencies and organizations; 
  5.4      (3) a coordinated public awareness campaign regarding 
  5.5   ecologically harmful exotic animals and aquatic plants; 
  5.6      (4) a process, where none exists, for the commissioner to 
  5.7   designate identify and classify list appropriate ecologically 
  5.8   harmful exotic species into the following categories: 
  5.9      (i) as undesirable wild animals that must not be sold, 
  5.10  propagated, possessed, or transported; and 
  5.11     (ii) undesirable aquatic exotic plants exotic species that 
  5.12  must not be sold, propagated, possessed, or transported except 
  5.13  under permit; 
  5.14     (5) coordination of control and eradication of ecologically 
  5.15  harmful exotic species on public lands and public waters; and 
  5.16     (6) development of a list of exotic wild animal species 
  5.17  intended for nonagricultural purposes, or propagation for 
  5.18  release by state agencies or the private sector.  
  5.19     (b) The plan prepared under paragraph (a) must include 
  5.20  containment strategies that include: 
  5.21     (1) participation by lake associations, local citizen 
  5.22  groups, and local units of government in the development and 
  5.23  implementation of lake management plans; 
  5.24     (2) a reasonable and workable inspection requirement for 
  5.25  boats and equipment participating in organized events on waters 
  5.26  of the state; 
  5.27     (3) allowing access points infested with ecologically 
  5.28  harmful exotic species to be closed, for not more than a total 
  5.29  of seven days during an open water season, for control or 
  5.30  eradication purposes, and requiring posting of signs stating the 
  5.31  reason for closing the access; 
  5.32     (4) provisions for reasonable weed-free maintenance of 
  5.33  public accesses to infested waters; and 
  5.34     (5) notice to travelers of the penalties for violation of 
  5.35  laws relating to ecologically harmful exotic species. 
  5.36     Sec. 8.  Minnesota Statutes 1994, section 84.9691, is 
  6.1   amended to read: 
  6.2      84.9691 [RULEMAKING AND PERMITS.] 
  6.3      (a) The commissioner of natural resources may adopt 
  6.4   emergency and permanent rules restricting the introduction, 
  6.5   propagation, use, possession, and spread of ecologically harmful 
  6.6   exotic species in the state, as outlined in section 84.967.  The 
  6.7   emergency rulemaking authority granted in this paragraph expires 
  6.8   July 1, 1994.  
  6.9      (b) The commissioner shall adopt rules to identify bodies 
  6.10  of water with limited infestation of Eurasian water milfoil.  
  6.11  The areas that are infested, and where control is planned, shall 
  6.12  be marked and prohibited for use. 
  6.13     (c) A violation of a rule adopted under this section is a 
  6.14  misdemeanor.  
  6.15     (d) The commissioner may issue permits regulating the 
  6.16  propagation, possession, taking, or transportation of 
  6.17  undesirable exotic species for disposal, research, education, or 
  6.18  control purposes.  The commissioner may place conditions on the 
  6.19  permit and may deny, modify, suspend, or revoke a permit. 
  6.20     Sec. 9.  Minnesota Statutes 1994, section 84.9692, 
  6.21  subdivision 1, is amended to read: 
  6.22     Subdivision 1.  [AUTHORITY TO ISSUE.] After appropriate 
  6.23  training, conservation officers, peace officers, and other staff 
  6.24  designated by the commissioner may issue warnings or citations 
  6.25  to persons who: 
  6.26     (1) unlawfully transport ecologically harmful water milfoil 
  6.27  or undesirable exotic species on a public road; 
  6.28     (2) place a trailer or launch a watercraft with 
  6.29  ecologically harmful undesirable exotic species attached into 
  6.30  waters of the state; 
  6.31     (3) operate a watercraft in a marked Eurasian water milfoil 
  6.32  limited infestation area; or 
  6.33     (4) damage, remove, or sink a buoy marking a Eurasian water 
  6.34  milfoil infestation area.  
  6.35     Sec. 10.  Minnesota Statutes 1994, section 84.9692, is 
  6.36  amended by adding a subdivision to read: 
  7.1      Subd. 1a.  [DEFINITIONS.] For purposes of this section, 
  7.2   "undesirable exotic species," "water milfoil," "watercraft," 
  7.3   "waters of the state," and "zebra mussels" have the meanings 
  7.4   given them in section 18.317. 
  7.5      Sec. 11.  Minnesota Statutes 1994, section 84.9692, 
  7.6   subdivision 2, is amended to read: 
  7.7      Subd. 2.  [PENALTY AMOUNT.] A citation issued under this 
  7.8   section may impose up to the following penalty amounts: 
  7.9      (1) $50 for transporting visible Eurasian water milfoil on 
  7.10  a public road in each of the following locations:; 
  7.11     (i) the exterior of the watercraft below the gunwales 
  7.12  including the propulsion system; 
  7.13     (ii) any surface of a watercraft trailer; 
  7.14     (iii) any surface of a watercraft interior of the gunwales; 
  7.15     (iv) any water container including live wells, minnow 
  7.16  buckets, or coolers which hold water; or 
  7.17     (v) any other area where visible Eurasian water milfoil is 
  7.18  found not previously described in items (i) to (iv); 
  7.19     (2) $150 $100 for transporting visible zebra mussels on a 
  7.20  public road; 
  7.21     (3) $300 for transporting, live ruffe, or live rusty 
  7.22  crayfish on a public road; 
  7.23     (4) (3) for attempting to launch place or launching into 
  7.24  noninfested waters placing a watercraft, trailer, or plant 
  7.25  harvesting equipment with visible Eurasian water milfoil or 
  7.26  adult zebra mussels attached into waters of the state not 
  7.27  identified by the commissioner as infested with zebra mussels, 
  7.28  $500 for a first offense and $1,000 for a second or subsequent 
  7.29  offense; 
  7.30     (4) $100 for attempting to place or placing a watercraft, 
  7.31  trailer, or plant harvesting equipment with visible zebra 
  7.32  mussels attached into waters of the state identified by the 
  7.33  commissioner as infested with zebra mussels; 
  7.34     (5) $100 for operating a watercraft in a marked Eurasian 
  7.35  water milfoil limited infestation area other than as provided by 
  7.36  law; 
  8.1      (6) $150 $100 for intentionally damaging, moving, removing, 
  8.2   or sinking a milfoil buoy; or 
  8.3      (7) $150 $200 for launching or attempting to launch into 
  8.4   infested waters place or placing a watercraft, trailer, or plant 
  8.5   harvesting equipment with visible Eurasian water milfoil or 
  8.6   visible zebra mussels attached into waters of the state.  
  8.7      Sec. 12.  Minnesota Statutes 1994, section 86B.401, 
  8.8   subdivision 11, is amended to read: 
  8.9      Subd. 11.  [SUSPENSION FOR NOT REMOVING WATER MILFOIL OR 
  8.10  OTHER UNDESIRABLE EXOTIC SPECIES.] (a) The commissioner, after 
  8.11  notice and an opportunity for hearing, may suspend for a period 
  8.12  of not more than one year the license of a watercraft if the 
  8.13  owner or person in control of the watercraft or its trailer 
  8.14  refuses to comply with an inspection order of a conservation 
  8.15  officer or other licensed peace officer or an order to remove 
  8.16  Eurasian or Northern water milfoil, myriophyllum spicatum or 
  8.17  exalbescens, zebra mussels, or other undesirable exotic aquatic 
  8.18  plant and wild animal species identified by the commissioner 
  8.19  from the watercraft or its trailer as provided in section 
  8.20  18.317, subdivision 3. 
  8.21     (b) For purposes of this subdivision, "undesirable exotic 
  8.22  species," "water milfoil," and "zebra mussels" have the meanings 
  8.23  given them in section 18.317. 
  8.24     Sec. 13.  Minnesota Statutes 1994, section 97A.045, is 
  8.25  amended by adding a subdivision to read: 
  8.26     Subd. 10.  [RECIPROCAL AGREEMENTS ON VIOLATIONS.] The 
  8.27  commissioner, with the approval of the attorney general, may 
  8.28  enter into reciprocal agreements with game and fish authorities 
  8.29  in other states and the United States government to provide for: 
  8.30     (1) revocation of the appropriate Minnesota game and fish 
  8.31  licenses of Minnesota residents for violations of game and fish 
  8.32  laws committed in signatory jurisdictions which result in 
  8.33  license revocation in that jurisdiction; 
  8.34     (2) reporting convictions and license revocations of 
  8.35  residents of signatory states for violations of game and fish 
  8.36  laws of Minnesota to game and fish authorities in the 
  9.1   nonresidents state of residence; and 
  9.2      (3) release upon signature without posting of bail for 
  9.3   residents of signatory states accused of game and fish law 
  9.4   violations in this state, providing for recovery, in the 
  9.5   resident jurisdiction, of fines levied if the citation is not 
  9.6   answered in this state. 
  9.7      As used in this subdivision, "conviction" includes a plea 
  9.8   of guilty or a forfeiture of bail. 
  9.9      Sec. 14.  Minnesota Statutes 1994, section 97A.401, 
  9.10  subdivision 3, is amended to read: 
  9.11     Subd. 3.  [TAKING, POSSESSING, AND TRANSPORTING WILD 
  9.12  ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 
  9.13  paragraph (b), special permits may be issued without a fee to 
  9.14  take, possess, and transport wild animals as pets and for 
  9.15  scientific, educational, rehabilitative, and exhibition 
  9.16  purposes.  The commissioner shall prescribe the conditions for 
  9.17  taking, possessing, transporting, and disposing of the wild 
  9.18  animals.  
  9.19     (b) A special permit may not be issued to take or possess 
  9.20  wild or native deer for exhibition or propagation.  
  9.21     (c) The commissioner shall establish criteria for issuing 
  9.22  special permits for persons to possess wild and native deer as 
  9.23  pets.  
  9.24     Sec. 15.  Minnesota Statutes 1994, section 97B.055, 
  9.25  subdivision 3, is amended to read: 
  9.26     Subd. 3.  [HUNTING FROM VEHICLE BY DISABLED HUNTERS.] The 
  9.27  commissioner may issue a special permit, without a fee, to 
  9.28  discharge a firearm or bow and arrow from a stationary motor 
  9.29  vehicle to a licensed hunter that is temporarily or permanently 
  9.30  physically unable to walk without crutches, braces, or other 
  9.31  mechanical support, or who has a physical disability which 
  9.32  substantially limits the person's ability to walk disabled.  The 
  9.33  physical disability and the substantial inability to walk must 
  9.34  be established by medical evidence verified in writing by a 
  9.35  licensed physician.  A person with a temporary disability may be 
  9.36  issued an annual permit and a person with a permanent disability 
 10.1   may be issued a permanent permit.  A person issued a special 
 10.2   permit under this subdivision and hunting deer may take a deer 
 10.3   of either sex. 
 10.4      Sec. 16.  Minnesota Statutes 1994, section 97B.075, is 
 10.5   amended to read: 
 10.6      97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 
 10.7      A person may not take protected wild animals, except 
 10.8   raccoon and fox, with a firearm between the evening and morning 
 10.9   times established by commissioner's rule, or by archery from 
 10.10  one-half hour after sunset until one-half hour before 
 10.11  sunrise except big game may be taken from one-half hour before 
 10.12  sunrise until one-half hour after sunset. 
 10.13     Sec. 17.  Minnesota Statutes 1994, section 97B.731, 
 10.14  subdivision 1, is amended to read: 
 10.15     Subdivision 1.  [MIGRATORY GAME BIRDS.] (a) Migratory game 
 10.16  birds may be taken and possessed.  A person may not take, buy, 
 10.17  sell, possess, transport, or ship migratory game birds in 
 10.18  violation of federal law.  
 10.19     (b) The commissioner shall prescribe seasons and limits for 
 10.20  migratory birds in accordance with federal law. 
 10.21     Sec. 18.  Minnesota Statutes 1994, section 97B.931, is 
 10.22  amended to read: 
 10.23     97B.931 [TENDING TRAPS RESTRICTED.] 
 10.24     Subdivision 1.  [RESTRICTIONS.] A person may not tend a 
 10.25  trap set for wild animals between 10:00 p.m. and 5:00 a.m.  
 10.26  Between 5:00 a.m. and 10:00 p.m. a person on foot may use a 
 10.27  portable artificial light to tend traps.  While using a light in 
 10.28  the field, the person may not possess or use a firearm other 
 10.29  than a handgun of .22 caliber. 
 10.30     Subd. 2.  [BODY-GRIPPING TRAPS.] A body-gripping, 
 10.31  conibear-type trap need not be tended more frequently than once 
 10.32  every third calendar day. 
 10.33     Sec. 19.  Minnesota Statutes 1994, section 97C.355, 
 10.34  subdivision 2, is amended to read: 
 10.35     Subd. 2.  [LICENSE REQUIRED.] A person may not take fish 
 10.36  from a dark house or fish house unless the house is licensed and 
 11.1   has a metal durable license tag attached to the exterior as 
 11.2   prescribed by the commissioner, except as provided in this 
 11.3   subdivision.  The commissioner must issue a metal durable tag 
 11.4   that is at least two inches in diameter with a 3/16 inch hole in 
 11.5   the center with a dark house or fish house license.  The metal 
 11.6   durable tag must be stamped marked with a number to correspond 
 11.7   with the license and the year of issue.  A dark house or fish 
 11.8   house license is not required of a resident on boundary waters 
 11.9   where the adjacent state does not charge a fee for the same 
 11.10  activity. 
 11.11     Sec. 20.  Minnesota Statutes 1994, section 97C.505, 
 11.12  subdivision 4, is amended to read: 
 11.13     Subd. 4.  [HOURS OF TAKING.] A person may not take minnows 
 11.14  from one hour after sunset to one hour before sunrise without a 
 11.15  permit from the commissioner.  
 11.16     Sec. 21.  Laws 1994, chapter 623, article 1, section 45, is 
 11.17  amended to read: 
 11.18     Sec. 45.  [ENFORCEMENT OF LAWS RELATED TO BUYING AND 
 11.19  SELLING FISH; REPORT.] 
 11.20     By January 15, 1995 1996, the commissioner of natural 
 11.21  resources shall report to the environment and natural resources 
 11.22  committees of the legislature with recommendations for 
 11.23  legislation to improve enforcement of Minnesota Statutes, 
 11.24  section 97C.391, including record keeping requirements, enhanced 
 11.25  remedies, and inspection authorities.