HF 1406

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/30/2016 10:24am

A bill for an act
relating to natural resources; modifying life jacket requirements; regulating
wake surfing; providing for compliance with federal law; modifying provisions
to take, possess, and transport wild animals; providing criminal penalties;
requiring rulemaking; requiring reports; amending Minnesota Statutes 2014,
sections 84D.03, subdivision 3; 86B.313, subdivisions 1, 4; 86B.315; 97A.045,
subdivision 11; 97A.057, subdivision 1; 97A.435, subdivision 4; 97A.465, by
adding a subdivision; 97B.063; 97B.081, subdivision 3; 97B.085, subdivision 2;
97B.301, by adding a subdivision; 97B.668; 97C.345, by adding a subdivision;
97C.501, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 97A; 97B; repealing Minnesota Statutes 2014, sections 97A.475,
subdivision 25; 97B.905, subdivision 3; Minnesota Rules, part 6264.0400,
subparts 27, 28.

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

Section 1.

Minnesota Statutes 2014, section 84D.03, subdivision 3, is amended to read:

Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) new text begin ,
(c), or (d) new text end and section 97C.341.

(b) In waters that are listed as infested waters, except those listed deleted text begin because they
contain deleted text end new text begin as infested with new text end prohibited invasive species of fish or certifiable diseases of fish, as
defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes deleted text begin according
to deleted text end new text begin as provided in new text end a permit issued under section 84D.11, subject to rules adopted by the
commissioner; new text begin and
new text end

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are listed solely because they contain Eurasian
water milfoil and if the equipment for taking is limited to cylindrical minnow traps not
exceeding 16 inches in diameter and 32 inches in length deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin (c) In streams or rivers that are listed as infested waters, except those listed as
infested with certifiable diseases of fish, as defined under section 17.4982, subdivision 6,
the new text end harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers
for bait deleted text begin from streams or rivers listed as infested waters, deleted text end by hook and line for noncommercial
personal use deleted text begin . Other provisions that apply to this clause are deleted text end new text begin is allowed as follows new text end :

deleted text begin (i) deleted text end new text begin (1) new text end fish taken under this deleted text begin clause deleted text end new text begin paragraph new text end must be used on the same body of water
where caught and while still on that water body new text begin . Where the river or stream is divided by
barriers such as dams, the fish must be caught and used on the same section of the river
or stream new text end ;

deleted text begin (ii) deleted text end new text begin (2) new text end fish taken under this deleted text begin clause deleted text end new text begin paragraph new text end may not be transported live from or
off the water body;

deleted text begin (iii) deleted text end new text begin (3) new text end fish harvested under this deleted text begin clause deleted text end new text begin paragraph new text end may only be used in accordance
with this section;

deleted text begin (iv) deleted text end new text begin (4) new text end any other use of wild animals used for bait from infested waters is prohibited;

deleted text begin (v) deleted text end new text begin (5) new text end fish taken under this deleted text begin clause deleted text end new text begin paragraph new text end must meet all other size restrictions
and requirements as established in rules; and

deleted text begin (vi) deleted text end new text begin (6) new text end all species listed under this deleted text begin clause deleted text end new text begin paragraph new text end shall be included in the person's
daily limit as established in rules, if applicable.

new text begin (d) In the Mississippi River downstream of St. Anthony Falls and the St.
Croix River downstream of the dam at Taylors Falls, including portions described as
Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1,
items A and B, the harvest of gizzard shad by cast net for noncommercial personal use as
bait for angling, as provided in a permit issued under section 84D.11, is allowed as follows:
new text end

new text begin (1) nontarget species must immediately be returned to the water;
new text end

new text begin (2) gizzard shad taken under this paragraph must be used on the same body of water
where caught and while still on that water body. Where the river is divided by barriers
such as dams, the gizzard shad must be caught and used on the same section of the river;
new text end

new text begin (3) gizzard shad taken under this paragraph may not be transported off the water
body; and
new text end

new text begin (4) gizzard shad harvested under this paragraph may only be used in accordance
with this section.
new text end

new text begin This paragraph expires December 1, 2017.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end Equipment authorized for minnow harvest in a listed infested water by permit
issued under paragraph (b) may not be transported to, or used in, any waters other than
waters specified in the permit.

Sec. 2.

Minnesota Statutes 2014, section 86B.313, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) In addition to requirements of other laws
relating to watercraft, a person may not operate or permit the operation of a personal
watercraft:

(1) without each person on board the personal watercraft wearing a United States
Coast Guard new text begin (USCG) new text end approved deleted text begin Type I, II, III, or V deleted text end new text begin wearable new text end personal flotation device new text begin
with a USCG label indicating it either is approved for or does not prohibit use with
personal watercraft or water skiing new text end ;

(2) between one hour before sunset and 9:30 a.m.;

(3) at greater than slow-no wake speed within 150 feet of:

(i) a shoreline;

(ii) a dock;

(iii) a swimmer;

(iv) a raft used for swimming or diving; or

(v) a moored, anchored, or nonmotorized watercraft;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any
other device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified
accessory mirrors that give the operator a wide field of vision to the rear;

(5) without the lanyard-type engine cutoff switch being attached to the person,
clothing, or personal flotation device of the operator, if the personal watercraft is equipped
by the manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
including weaving through congested watercraft traffic, jumping the wake of another
watercraft within 150 feet of the other watercraft, or operating the watercraft while
facing backwards;

(10) in any other manner that is not reasonable and prudent; or

(11) without a personal watercraft rules decal, issued by the commissioner, attached
to the personal watercraft so as to be in full view of the operator.

(b) Paragraph (a), clause (3), does not apply to a person operating a personal
watercraft to launch or land a person on water skis, a kneeboard, or similar device by the
most direct route to open water.

Sec. 3.

Minnesota Statutes 2014, section 86B.313, subdivision 4, is amended to read:

Subd. 4.

Dealers and rental operations.

(a) A dealer of personal watercraft shall
distribute a summary of the laws and rules governing the operation of personal watercraft
and, upon request, shall provide instruction to a purchaser regarding:

(1) the laws and rules governing personal watercraft; and

(2) the safe operation of personal watercraft.

(b) A person who offers personal watercraft for rent:

(1) shall provide a summary of the laws and rules governing the operation of
personal watercraft and provide instruction regarding the laws and rules and the safe
operation of personal watercraft to each person renting a personal watercraft;

(2) shall provide a United States Coast Guard new text begin (USCG) new text end approved deleted text begin Type I, II, III, or V deleted text end new text begin
wearable new text end personal flotation device new text begin with a USCG label indicating it either is approved for
or does not prohibit use with personal watercraft or water skiing new text end and any other required
safety equipment to all persons who rent a personal watercraft at no additional cost; and

(3) shall require that a watercraft operator's permit from this state or from the
operator's state of residence be shown each time a personal watercraft is rented to any
person younger than age 18 and shall record the permit on the form provided by the
commissioner.

(c) Each dealer of personal watercraft or person offering personal watercraft for rent
shall have the person who purchases or rents a personal watercraft sign a form provided
by the commissioner acknowledging that the purchaser or renter has been provided a copy
of the laws and rules regarding personal watercraft operation and has read them. The form
must be retained by the dealer or person offering personal watercraft for rent for a period
of six months following the date of signature and must be made available for inspection
by sheriff's deputies or conservation officers during normal business hours.

Sec. 4.

Minnesota Statutes 2014, section 86B.315, is amended to read:

86B.315 TOWING PERSON ON WATER SKIS OR OTHER DEVICE.

Subdivision 1.

Observer or mirror required.

A person may not operate a
watercraft on waters of this state and new text begin create a wake for a wake surfer or new text end tow a person on
water skis, an aquaplane, a surfboard, a saucer, or a similar device unless:

(1) there is another person in the watercraft in addition to the operator who is in a
position to continually observe the person being towed; or

(2) the boat is equipped with a mirror providing the operator a wide field of vision
to the rear.

Subd. 2.

new text begin Prohibited new text end night deleted text begin skiing or towing prohibited deleted text end new text begin activities new text end .

new text begin On waters of this
state, from one-half hour after sunset to sunrise of the following day, new text end a person may not new text begin :
new text end

new text begin (1) wake surf;
new text end

new text begin (2) operate a watercraft creating a wake for a wake surfer;
new text end

new text begin (3) new text end be towed new text begin by a watercraft; new text end or

new text begin (4) new text end operate a watercraft towing a person on water skis, an aquaplane, a surfboard, a
saucer, or another device deleted text begin on waters of this state from one hour after sunset to sunrise of
the following day deleted text end .

Sec. 5.

Minnesota Statutes 2014, section 97A.045, subdivision 11, is amended to read:

Subd. 11.

Power to prevent or control wildlife disease.

(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.

(b) The commissioner shall restrict wildlife feeding within the modified accredited
bovine tuberculosis zone proposed by the Board of Animal Health. In addition to any
other penalties provided by law, a person who violates wildlife feeding restrictions
required under this paragraph may not obtain a hunting license to take a wild animal
for two years after the date of conviction.

(c) The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by new text begin posting restrictions on public access to active disease areas or by
new text end emergency rule adopted under section 84.027, subdivision 13.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2014, section 97A.057, subdivision 1, is amended to read:

Subdivision 1.

Compliance with federal law.

The commissioner shall take any
action necessary to comply with the Federal Aid in Wildlife Restoration Act, United
States Code, title 16, sections 669 to 669i, and the Federal Aid in Fish Restoration Act,
United States Code, title 16, sections 777 to 777k. new text begin Notwithstanding section 16E.145 or
any other law to the contrary, an appropriation for an information or telecommunications
technology project from the game and fish fund, as established in section 97A.055, must
be made to the commissioner. Any assets acquired with or expenditures made from the
game and fish fund must remain under control of the commissioner.
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. 7.

Minnesota Statutes 2014, section 97A.435, subdivision 4, is amended to read:

Subd. 4.

Separate selection of eligible licensees.

(a) The commissioner may
conduct a separate selection for up to 20 percent of the turkey licenses to be issued for any
area. Only persons who are owners or tenants of and who live on at least 40 acres of land
in the new text begin permit new text end area, and their family members new text begin who live on the qualifying land new text end , are eligible
applicants for turkey licenses for the separate selection. The qualifying land may be
noncontiguous. Persons who are unsuccessful in a separate selection must be included in
the selection for the remaining licenses. Persons who obtain a license in a separate selection
must allow public turkey hunting on their land during that turkey season. A license issued
under this subdivision is restricted to the permit area where the qualifying land is located.

(b) The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.

Sec. 8.

Minnesota Statutes 2014, section 97A.465, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Residents of veterans homes. new text end

new text begin (a) A resident from a Minnesota veterans
home may obtain a firearm or muzzleloader deer license during the season and take
antlerless deer without a permit in all areas of the state open during the respective regular
firearms or muzzleloader deer seasons in any permit area. This subdivision does not
authorize the taking of an antlerless deer by another member of a party under section
97B.301, subdivision 3, in an area closed to taking antlerless deer or where the number of
antlerless deer that may be taken is limited by a quota on the number of permits.
new text end

new text begin (b) A person may assist a Minnesota veterans home resident during the firearms or
muzzleloader deer season without having a deer hunting license, but the person may
not shoot a deer.
new text end

Sec. 9.

new text begin [97A.56] FERAL SWINE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "feral swine" means a
member of the genus and species Sus scrofa that lives in the wild.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited actions; penalty. new text end

new text begin (a) A person may not possess or release
feral swine or swine that were feral during any part of the swines' lifetime or allow feral
swine to run at large.
new text end

new text begin (b) A person may not hunt or trap feral swine, except as authorized by the
commissioner for feral swine control or eradication.
new text end

new text begin (c) A person who violates this subdivision is guilty of a misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Authorized removal of feral swine. new text end

new text begin A person authorized under game and
fish laws to take feral swine is not liable to the owner for the value of the animals.
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. 10.

Minnesota Statutes 2014, section 97B.063, is amended to read:

97B.063 HUNTER SATISFACTION SURVEY.

The commissioner shall new text begin annually new text end administer the collection of hunter information
related to participation and satisfaction. This may include information on preferences,
values, interests, participation rates and patterns, barriers to participation, or other factors.
The data shall be collected using established social science methods. new text begin The commissioner
shall annually submit a summary of the information gathered under this section to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over environment and natural resources no
later than January 1 for the preceding fiscal year. The commissioner shall also make the
summary information available on the department's Web site.
new text end

Sec. 11.

Minnesota Statutes 2014, section 97B.081, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) It is not a violation of this section for a person to:

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial
light, provided that the person is:

(i) on foot;

(ii) using a shotgun;

(iii) not within a public road right-of-way;

(iv) using a handheld or electronic calling device; and

(v) not within 200 feet of a motor vehicle; or

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:

(i) on foot; and

(ii) not in possession of a firearm or bow.

(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:

(1) carry out any agricultural, safety, emergency response, normal vehicle operation,
or occupation-related activities that do not involve taking wild animals; or

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.

(c) Except as otherwise provided by the game and fish laws, it is not a violation of
this section for a person to use an electronic range finder device from one-half hour before
sunrise until one-half hour after sunset while lawfully hunting wild animals.

new text begin (d) It is not a violation of this section for a licensed bear hunter to cast the rays of a
handheld artificial light to track or retrieve a wounded or dead bear while possessing a
firearm, provided that the person:
new text end

new text begin (1) has the person's valid bear hunting license in possession;
new text end

new text begin (2) is on foot; and
new text end

new text begin (3) is following the blood trail of a bear that was shot during legal shooting hours.
new text end

Sec. 12.

Minnesota Statutes 2014, section 97B.085, subdivision 2, is amended to read:

Subd. 2.

Taking unprotected wild animals deleted text begin ; permit required deleted text end .

A person may deleted text begin not deleted text end
use radio equipment to take unprotected wild animals deleted text begin without a permit. The commissioner
may issue a permit to take unprotected animals with radio equipment. The commissioner
shall cancel the permit upon receiving a valid complaint of misconduct regarding the
permittee's hunting activities deleted text end .

Sec. 13.

Minnesota Statutes 2014, section 97B.301, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Residents age 84 or over may take deer of either sex. new text end

new text begin A resident age 84
or over may take a deer of either sex. This subdivision does not authorize the taking of an
antlerless deer by another member of a party under subdivision 3.
new text end

Sec. 14.

Minnesota Statutes 2014, section 97B.668, is amended to read:

97B.668 deleted text begin CANADA GEESE deleted text end new text begin GAME BIRDS new text end CAUSING DAMAGE.

Notwithstanding sections 97B.091 and 97B.805, subdivisions 1 and 2, a person or
agent of that person on lands and nonpublic waters owned or operated by the person
may nonlethally scare, haze, chase, or harass deleted text begin Canada geese deleted text end new text begin game birds new text end that are causing
property damage deleted text begin from March 11 to August 31 deleted text end new text begin at any time or place that a hunting season
for the game birds is not open new text end . This section does not apply to public waters as defined
under section 103G.005, subdivision 15 deleted text begin , or deleted text end new text begin . This section does not apply to migratory
waterfowl on nests and other federally protected game birds on nests, except new text end geese on
nests deleted text begin unless deleted text end new text begin when new text end a permit is obtained under section 97A.401.

Sec. 15.

new text begin [97B.722] POSSESSION OF FIREARMS; HUNTING TURKEY.
new text end

new text begin (a) While afield hunting turkeys, licensees may not have in possession or control
any firearm or bow and arrow except those defined as legal for taking turkeys in rules
adopted by the commissioner.
new text end

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

Sec. 16.

new text begin [97B.9251] BEAVER SEASON.
new text end

new text begin The commissioner may establish open seasons and restrictions for taking beaver from
9:00 a.m. on the Saturday nearest October 26 in the North Zone and from 9:00 a.m. on the
Saturday nearest October 30 in the South Zone. The seasons shall be open until May 15.
new text end

Sec. 17.

Minnesota Statutes 2014, section 97C.345, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Cast nets for gizzard shad. new text end

new text begin (a) Cast nets may be used only to take
gizzard shad for use as bait for angling:
new text end

new text begin (1) from July 1 to November 30; and
new text end

new text begin (2) from the Mississippi River downstream of St. Anthony Falls and the St.
Croix River downstream of the dam at Taylors Falls, including portions described as
Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart
1, items A and B, that are listed as infested waters as allowed under section 84D.03,
subdivision 3.
new text end

new text begin (b) Cast nets used under this subdivision must be monofilament and may not exceed
seven feet in diameter, and mesh size must be from three-eighths to five-eighths inch bar
measure.
new text end

new text begin (c) This subdivision expires December 1, 2017. The commissioner must report
to the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over environment and natural resources by March 1, 2018,
on the number of permits issued, conservation impacts from the use of cast nets, and
recommendations for any necessary changes in statutes or rules.
new text end

Sec. 18.

Minnesota Statutes 2014, section 97C.501, subdivision 2, is amended to read:

Subd. 2.

Minnow dealers.

(a) A person may not be a minnow dealer without a
minnow dealer license except as provided in subdivision 3.

(b) A minnow dealer must obtain a minnow dealer's vehicle license for each motor
vehicle used to transport minnows. The serial number, motor vehicle license number,
make, and model must be on the license. The license must be conspicuously displayed
in the vehicle.

(c) A minnow dealer may not transport minnows out of the state without an
exporting minnow dealer license. A minnow dealer must obtain an exporting minnow
dealer's vehicle license for each motor vehicle used to transport minnows out of the state.
The serial number, motor vehicle license number, make, and model must be on the license.
The license must be conspicuously displayed in the vehicle.

(d) A person with a minnow dealer's license may sell minnows at one retail outlet.
A minnow dealer must obtain a minnow retailer license for each additional retail outlet
operated. A minnow dealer operating a retail outlet under a minnow dealer's license must
list the following information for the retail outlet: name of the business; city; state; zip
code; and legal description or fire number. The retail outlet name and location may be
changed by making application to the commissioner.

new text begin (e) A minnow dealer may designate employees as helpers who are authorized to
take, buy, sell, and transport minnows on behalf of the minnow dealer. The employees
designated as helpers must be listed on the minnow dealer's license, and a copy of the
license designating the employee as a helper must be in the helper's possession when
acting on behalf of the minnow dealer. The minnow dealer may add and delete helpers
listed on the dealer's license within a license year by notifying the commissioner in writing
of the change to the license. Employees who are acting under the direction and control of
the minnow dealer but who are not designated as helpers may not buy or sell minnows on
behalf of the minnow dealer. This paragraph does not apply to employees selling minnows
at the retail outlet location under paragraph (d).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016.
new text end

Sec. 19. new text begin RULEMAKING; LIFTING SPEARING BANS AND NORTHERN PIKE
REGULATIONS.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts
6262.0575, subpart 9, and 6264.0400, subparts 70 and 72, to delete the language
prohibiting spearing.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 97C.007, the commissioner of
natural resources shall amend Minnesota Rules, part 6264.0400, subpart 71, to delete the
language prohibiting spearing and modify the northern pike protected slot to 26 to 40 inches.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 20. new text begin RULEMAKING; WATER SURFACE USE RESTRICTIONS.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6110.3700, subpart 9, to allow a longer period of temporary special controls in situations
of local emergency by deleting "five" and inserting "30" and deleting "five-day" and
inserting "30-day."
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 rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 21. new text begin RULEMAKING; PERSONAL FLOTATION DEVICES.
new text end

new text begin (a) To conform with changes in federal regulation, the commissioner of natural
resources shall amend Minnesota Rules, part 6110.1200, subpart 3, as follows:
new text end

new text begin (1) delete the term "Type I, II, or III" and insert "wearable";
new text end

new text begin (2) delete the term "Type IV" and insert "throwable";
new text end

new text begin (3) delete items B and D and reletter the remaining items; and
new text end

new text begin (4) insert a new item that reads:
new text end

new text begin "C. All personal flotation devices required by this subpart must be:
new text end

new text begin (1) approved by the U.S. Coast Guard;
new text end

new text begin (2) legibly marked with any requirements and the approval number issued by the
U.S. Coast Guard;
new text end

new text begin (3) in serviceable condition free of tears, rot, punctures, or waterlogging, and with
all straps and fasteners present and in good condition;
new text end

new text begin (4) of the appropriate size for the intended wearer, if the device is designed to be worn,
and in compliance with any requirements listed on the U.S. Coast Guard approval label;
new text end

new text begin (5) for wearable devices, either readily accessible or worn, except when:
new text end

new text begin (a) devices are required to be worn to be accepted as U.S. Coast Guard-approved; or
new text end

new text begin (b) wearing a U.S. Coast Guard-approved wearable personal flotation device is
mandatory; and
new text end

new text begin (6) for throwable devices, immediately available.
new text end

new text begin "Readily accessible" means easily retrievable within a reasonable amount of time
in an emergency. "Immediately available" means easily reached in time of emergency.
Personal flotation devices located in locked containers, under heavy objects, or left in
shipping bags are not considered readily accessible or immediately available."
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 rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 22. new text begin RULEMAKING; MOTORIZED TRAIL ENVIRONMENTAL REVIEW.
new text end

new text begin (a) The Environmental Quality Board shall amend Minnesota Rules, chapter 4410, to
allow the following without preparing a mandatory environmental assessment worksheet:
new text end

new text begin (1) constructing a recreational trail less than 25 miles long on forested or other
naturally vegetated land for a recreational use;
new text end

new text begin (2) adding a new motorized recreational use or a seasonal motorized recreational
use to an existing motorized recreational trail if the treadway width is not expanded as a
result of the added use; and
new text end

new text begin (3) designating an existing, legally constructed route, such as a logging road, for
motorized recreational trail use.
new text end

new text begin (b) The board may use the good cause exemption rulemaking procedure under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply except as provided under
Minnesota Statutes, section 14.388.
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Sec. 23. new text begin REPEALER.
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new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 97A.475, subdivision 25; and 97B.905,
subdivision 3, new text end new text begin are repealed.
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new text begin (b) new text end new text begin Minnesota Rules, part 6264.0400, subparts 27 and 28, new text end new text begin are repealed.
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new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) is effective July 1, 2015.
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