HF 1395

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; modifying turtle licensing 
  1.3             and taking provisions; amending Minnesota Statutes 
  1.4             2000, sections 17.47, subdivision 7; 97A.475, 
  1.5             subdivision 41; 97C.605; and 97C.611; proposing coding 
  1.6             for new law in Minnesota Statutes, chapter 97C. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 17.47, 
  1.9   subdivision 7, is amended to read: 
  1.10     Subd. 7.  [PRIVATE AQUATIC LIFE.] "Private aquatic life" 
  1.11  means fish, shellfish, mollusks, crustaceans, turtles, and any 
  1.12  other aquatic animals cultured within an aquatic farm.  Private 
  1.13  aquatic life is the property of the aquatic farmer. 
  1.14     Sec. 2.  Minnesota Statutes 2000, section 97A.475, 
  1.15  subdivision 41, is amended to read: 
  1.16     Subd. 41.  [TURTLE SELLERS LICENSES.] (a) The fee for a 
  1.17  turtle seller's license to sell turtles and to take, transport, 
  1.18  purchase buy, and possess turtles for sale is $70.  
  1.19     (b) The fee for a recreational turtle license to take, 
  1.20  transport, and possess turtles is $25. 
  1.21     (c) The fee for a turtle seller's helper license is $25. 
  1.22     Sec. 3.  Minnesota Statutes 2000, section 97C.605, is 
  1.23  amended to read: 
  1.24     97C.605 [TURTLES.] 
  1.25     Subdivision 1.  [RESIDENT ANGLING LICENSE REQUIRED.] A 
  1.26  person may not take, possess, or transport turtles without an a 
  2.1   resident angling license, except as provided in subdivision 2 2c.
  2.2      Subd. 2.  [TURTLE SELLER'S LICENSE.] (a) A person may not 
  2.3   take, buy, possess, or transport, or purchase turtles for sale, 
  2.4   sell turtles, or take turtles for sale using commercial 
  2.5   equipment, as described in subdivision 3a, without a turtle 
  2.6   seller's license, except as provided in this subdivision 2c. 
  2.7      Subd. 2a.  [RECREATIONAL TURTLE LICENSE.] A person who does 
  2.8   not possess a turtle seller's license may take turtles for 
  2.9   personal use with commercial equipment, as described in 
  2.10  subdivision 3a, with a recreational turtle license. 
  2.11     Subd. 2b.  [TURTLE SELLER'S HELPER LICENSE.] (a) A person 
  2.12  with a turtle seller's license may list persons as helpers on 
  2.13  the license.  A person acting as a helper for a turtle seller 
  2.14  licensee must have a helper license and may assist the turtle 
  2.15  licensee in all licensed activities. 
  2.16     (b) The turtle seller licensee or the turtle seller's 
  2.17  helper licensee must be present at all turtle operations 
  2.18  conducted under the turtle seller license.  Turtle operations 
  2.19  include going to and from turtle harvest locations; setting, 
  2.20  lifting, and removing commercial turtle equipment; and 
  2.21  transporting turtles from harvest locations. 
  2.22     (c) A turtle seller's helper license is transferable by the 
  2.23  turtle seller licensee by making application to the 
  2.24  commissioner.  A helper may not possess a turtle seller's 
  2.25  license or a recreational turtle license. 
  2.26     (b) Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need 
  2.27  a turtle seller's license or an angling license: 
  2.28     (1) when buying turtles for resale at a retail outlet; 
  2.29     (2) when buying a turtle at a retail outlet; or 
  2.30     (3) if the person is a nonresident buying a turtle from a 
  2.31  licensed turtle seller for export out of state.  Shipping 
  2.32  documents provided by the turtle seller must accompany each 
  2.33  shipment exported out of state by a nonresident.  Shipping 
  2.34  documents must include:  name, address, city, state, and zip 
  2.35  code of the buyer; number of each species of turtle; and name 
  2.36  and license number of the turtle seller.  
  3.1      Subd. 3.  [TAKING; METHODS PROHIBITED.] (a) Except as 
  3.2   allowed in paragraph (b), A person may take turtles in any 
  3.3   manner, except by the use of: 
  3.4      (1) explosives, drugs, poisons, lime, and other harmful 
  3.5   substances; 
  3.6      (2) traps, except as provided under subdivision 3a; or 
  3.7      (3) nets other than anglers' fish landing nets; or 
  3.8      (4) commercial equipment, except as provided under 
  3.9   subdivision 3a.  
  3.10     (b) A person with a turtle seller's license may take 
  3.11  turtles with a floating turtle trap that: 
  3.12     (1) has one or more openings above the water surface that 
  3.13  measure at least ten inches by four inches; and 
  3.14     (2) has a mesh size of not less than one-half inch, bar 
  3.15  measure. 
  3.16  The commissioner may prescribe additional regulations for taking 
  3.17  turtles for sale. 
  3.18     Subd. 3a.  [COMMERCIAL EQUIPMENT FOR TAKING TURTLES.] (a) A 
  3.19  person with a turtle seller's license or a recreational turtle 
  3.20  license may take turtles with a floating or submerged turtle 
  3.21  trap, turtle hooks, and other commercial equipment authorized by 
  3.22  the commissioner. 
  3.23     (b) Floating traps must have: 
  3.24     (1) one or more openings above the water surface that 
  3.25  measure at least ten inches by four inches; and 
  3.26     (2) a mesh size of not less than one-half inch, bar measure.
  3.27     (c) Submerged traps must be constructed of either flexible 
  3.28  webbing or wire.  Flexible webbing traps must be of a mesh size 
  3.29  not less than 3-1/2 inches bar measure or seven inches stretch 
  3.30  measure.  Wire traps must be of a mesh size not less than 
  3.31  two-inch by four-inch bar measure and must have at least two 
  3.32  square openings on the top at least four inches on a side and 
  3.33  two square openings of the same dimension on the back panel near 
  3.34  the top of the trap. 
  3.35     (d) A person with a turtle seller's license must not 
  3.36  operate more than 80 submerged turtle traps and 160 floating 
  4.1   turtle traps. 
  4.2      (e) A person with a recreational turtle license may use 
  4.3   floating or submerged turtle traps, but must not operate more 
  4.4   than three turtle traps. 
  4.5      (f) The commissioner shall issue 80 identification tags for 
  4.6   submerged turtle traps and 160 identification tags for floating 
  4.7   turtle traps to a turtle seller licensee and three turtle trap 
  4.8   identification tags to a recreational turtle licensee.  Tags 
  4.9   must be attached to submerged and floating traps at all times.  
  4.10  Lost tags must be reported within 120 hours to the local 
  4.11  conservation officer or the commercial fisheries program 
  4.12  consultant.  The commissioner must reissue tags upon request. 
  4.13     Subd. 3b.  [INTERFERENCE WITH COMMERCIAL OR RECREATIONAL 
  4.14  TURTLE OPERATIONS.] A person, including an enforcement officer, 
  4.15  may not: 
  4.16     (1) knowingly place or maintain an obstruction that will 
  4.17  hinder, prevent, or interfere with a licensed turtle operation; 
  4.18     (2) remove turtles, other wild animals, or fish from a 
  4.19  floating or submerged trap licensed under the game and fish 
  4.20  laws; or 
  4.21     (3) knowingly damage, disturb, or interfere with a licensed 
  4.22  turtle operation. 
  4.23     Subd. 4.  [ARTIFICIAL LIGHTS.] The commissioner may not 
  4.24  issue permits to take turtles with the use of artificial 
  4.25  lights in designated waters.  
  4.26     Subd. 5.  [OPERATION OF TURTLE TRAPS.] (a) A submerged 
  4.27  turtle trap must be set in water shallow enough to allow the 
  4.28  turtle to breathe. 
  4.29     (b) Each submerged turtle trap must be checked and serviced 
  4.30  at intervals not exceeding 72 hours.  Each floating turtle trap 
  4.31  must be checked and serviced at intervals not exceeding 120 
  4.32  hours. 
  4.33     Subd. 6.  [TURTLES TAKEN INCIDENTAL TO OTHER 
  4.34  OPERATIONS.] Turtles taken incidental to other commercial 
  4.35  licensed operations may be possessed, transported, and sold, 
  4.36  provided the operator is a holder of a turtle seller's license. 
  5.1      Subd. 7.  [REQUIRED REPORTING BY TURTLE SELLER.] A holder 
  5.2   of a turtle seller's license must submit reports for the 
  5.3   previous calendar year, on forms provided by the commissioner, 
  5.4   so that they are received at the address identified on the form 
  5.5   at the time of license renewal or March 1, whichever comes 
  5.6   first.  The forms must record the number or pounds of turtles 
  5.7   taken and the species of turtles taken. 
  5.8      Subd. 8.  [REPORT ON BUYING TURTLES FOR RESALE.] A licensee 
  5.9   who buys turtles for resale or for processing and resale must 
  5.10  keep a correct and complete book record of all transactions and 
  5.11  activities covered in the license, not inconsistent with section 
  5.12  97A.425. 
  5.13     Subd. 9.  [CLOSED SEASON FOR SNAPPING TURTLES.] A person 
  5.14  may not take snapping turtles south of U.S. highway No. 12 
  5.15  during the month of May and north of U.S. highway No. 12 during 
  5.16  the month of June. 
  5.17     Sec. 4.  Minnesota Statutes 2000, section 97C.611, is 
  5.18  amended to read: 
  5.19     97C.611 [SNAPPING TURTLES; LIMITS.] 
  5.20     A person may not possess more than three snapping turtles 
  5.21  of the species Chelydra serpentina without a turtle seller's 
  5.22  license.  A person, including a licensed turtle seller, 
  5.23  recreational turtle licensee, or turtle seller's helper, may not 
  5.24  take snapping turtles of a size less than ten 12 inches wide 
  5.25  including curvature, measured from side to side across the shell 
  5.26  at midpoint. 
  5.27     Sec. 5.  [97C.612] [WESTERN PAINTED TURTLES; LIMITS.] 
  5.28     A licensed turtle seller, a recreational turtle licensee, 
  5.29  or a turtle seller's helper may not take western painted turtles 
  5.30  greater than six inches in shell length, unless the turtles are 
  5.31  taken to provide brood stock for an aquatic farm.