HF 1591

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; authorizing grants for 
  1.3             aquatic restoration; providing for the operation of 
  1.4             shooting ranges; clarifying construction of law 
  1.5             relating to decoys; providing for disposition of 
  1.6             federal aid; providing for compliance with federal 
  1.7             law; requiring a predator management program proposal; 
  1.8             modifying turtle licensing and taking provisions; 
  1.9             modifying certain small game provisions; providing for 
  1.10            a conservation angling license; modifying certain 
  1.11            angling provisions; allowing counties to offer 
  1.12            bounties for coyotes; modifying certain water use 
  1.13            permit provisions; amending Minnesota Statutes 2000, 
  1.14            sections 84.027, by adding a subdivision; 97A.021, 
  1.15            subdivision 3; 97A.055, by adding a subdivision; 
  1.16            97A.475, subdivision 41; 97B.603; 97B.901; 97B.931, by 
  1.17            adding a subdivision; 97C.315, subdivision 1; 97C.355, 
  1.18            subdivision 2; 97C.605; 97C.611; 103G.265, subdivision 
  1.19            3; proposing coding for new law in Minnesota Statutes, 
  1.20            chapters 97A; 97C; 348; proposing coding for new law 
  1.21            as Minnesota Statutes, chapter 87A. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 2000, section 84.027, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 16.  [AQUATIC RESTORATION GRANTS.] The commissioner 
  1.26  may make grants for aquatic restoration projects, research, and 
  1.27  propagation. 
  1.28     Sec. 2.  [87A.01] [DEFINITIONS.] 
  1.29     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.30  section apply to sections 87A.01 to 87A.06. 
  1.31     Subd. 2.  [PERSON.] "Person" means an individual, 
  1.32  association, proprietorship, partnership, corporation, club, 
  1.33  political subdivision, or other legal entity. 
  2.1      Subd. 3.  [SHOOTING RANGE OR RANGE.] "Shooting range" or 
  2.2   "range" means an area or facility designated or operated for the 
  2.3   use of firearms as defined in section 97A.015, subdivision 19, 
  2.4   or archery and includes shooting preserves as described in 
  2.5   section 97A.115 or any other Minnesota law. 
  2.6      Subd. 4.  [GENERALLY ACCEPTED OPERATION PRACTICES.] 
  2.7   "Generally accepted operation practices" means those voluntary 
  2.8   guidelines adopted by the commissioner of natural resources for 
  2.9   the safe operation of shooting ranges.  In developing the 
  2.10  guidelines, the commissioner shall consult with range 
  2.11  operators.  The generally accepted operation practices shall be 
  2.12  reviewed at least every five years by the commissioner of 
  2.13  natural resources and revised as the commissioner considers 
  2.14  necessary for safe operation of a shooting range.  The 
  2.15  commissioner shall adopt initial guidelines by July 1, 2001. 
  2.16     Subd. 5.  [UNIT OF GOVERNMENT.] "Unit of government" means 
  2.17  a home rule charter or statutory city, county, town, municipal 
  2.18  corporation, or other political subdivision, or any of their 
  2.19  instrumentalities. 
  2.20     Sec. 3.  [87A.02] [LOCAL ORDINANCES; EXISTING OPERATIONS.] 
  2.21     (a) A shooting range that is in operation and is in 
  2.22  material compliance with existing law at the time of the 
  2.23  enactment of an ordinance of a unit of government affecting, 
  2.24  directly or indirectly, operation or use of a shooting range 
  2.25  must be permitted to continue in operation even if the operation 
  2.26  of the shooting range at a later date does not conform to the 
  2.27  new ordinance or an amendment to an existing ordinance. 
  2.28     (b) A shooting range that operates in material compliance 
  2.29  with generally accepted operation practices, even if not in 
  2.30  compliance with an ordinance of a unit of government affecting, 
  2.31  directly or indirectly, operation or use of a shooting range, 
  2.32  must be permitted to do all of the following within its 
  2.33  geographic boundaries if done in accordance with generally 
  2.34  accepted operation practices: 
  2.35     (1) repair, remodel, improve, replace, construct, or 
  2.36  reinforce any conforming or nonconforming building or structure 
  3.1   as may be necessary or desirable in the interest of safety or to 
  3.2   secure the continued use of the range, building, or structure; 
  3.3      (2) reconstruct, repair, restore, remodel, improve, 
  3.4   replace, or resume the use of any conforming or nonconforming 
  3.5   building or structure damaged by fire, collapse, erosion, 
  3.6   explosion, act of God, or act of war; and 
  3.7      (3) do anything not prohibited by generally accepted 
  3.8   operation practices, including: 
  3.9      (i) expand or increase its membership or opportunities for 
  3.10  public participation; and 
  3.11     (ii) make those repairs or improvements necessary or 
  3.12  desirable under generally accepted operation practices. 
  3.13     (c) Nothing in sections 87A.01 to 87A.06 exempts any newly 
  3.14  constructed or remodeled building on a shooting range from 
  3.15  compliance with fire safety, handicapped accessibility, elevator 
  3.16  safety, bleacher safety, or other provisions of the State 
  3.17  Building Code that have mandatory statewide application. 
  3.18     Sec. 4.  [87A.03] [CLOSING OR RELOCATING SHOOTING RANGES; 
  3.19  PAYMENT OF CERTAIN COSTS.] 
  3.20     Subdivision 1.  [CLOSING OR RELOCATING CRITERIA.] A 
  3.21  shooting range may be closed under subdivision 3, or relocated 
  3.22  under subdivision 4, by a state agency or unit of government 
  3.23  only if, because of new, permitted development of adjacent land, 
  3.24  the range becomes a clear, immediate, and proven safety hazard 
  3.25  to the adjacent population and it cannot be brought into 
  3.26  material compliance with generally accepted operation practices 
  3.27  with range or operation improvements. 
  3.28     Subd. 2.  [PROCEDURE.] The clear and immediate safety 
  3.29  hazard must be proven at a contested case hearing.  The hearing 
  3.30  must be held after the commissioner provides notice to the owner 
  3.31  and operator of the shooting range that includes a clear and 
  3.32  precise statement of the factual basis for alleging a safety 
  3.33  hazard.  The owner and operator of the shooting range must be 
  3.34  given an opportunity to be heard and meet the allegation.  The 
  3.35  commissioner must make written findings and conclusions as to 
  3.36  the hazard and whether range improvements can bring the range 
  4.1   into material compliance with the generally accepted operation 
  4.2   practices.  If the commissioner concludes that there is a clear 
  4.3   and immediate safety hazard and the operation of the shooting 
  4.4   range can be brought into material compliance with the generally 
  4.5   accepted operating practices with range improvements, the state 
  4.6   agency or unit of government that permitted the development must 
  4.7   pay for the range improvements. 
  4.8      Subd. 3.  [CLOSURE.] If a clear and immediate safety hazard 
  4.9   is proven as required under subdivisions 1 and 2, a shooting 
  4.10  range may be closed by the state agency or the unit of 
  4.11  government if the agency or unit of government closing the 
  4.12  shooting range pays the fair market value of the range operation 
  4.13  as a going concern to the operators and the fair market value of 
  4.14  the land, including improvements, to the owner of the land. 
  4.15     Subd. 4.  [RELOCATION.] Upon request by the operator of the 
  4.16  shooting range, the agency or unit of government must relocate 
  4.17  the shooting range to a suitable new location if available.  The 
  4.18  agency or unit of government may use its power of eminent domain 
  4.19  to acquire the new location. 
  4.20     Subd. 5.  [TRANSFER OF TITLE.] The shooting range owner and 
  4.21  operator shall transfer their interests in the property to the 
  4.22  agency or unit of government after full and final payment under 
  4.23  subdivision 3 or after the relocation is completed under 
  4.24  subdivision 4. 
  4.25     Sec. 5.  [87A.04] [IRREBUTTABLE PRESUMPTION; NUISANCE 
  4.26  LIABILITY.] 
  4.27     In all relevant actions, there shall exist an irrebuttable 
  4.28  presumption that a shooting range that is conducted in material 
  4.29  compliance with generally accepted operation practices is not a 
  4.30  public or private nuisance and does not otherwise invade or 
  4.31  interfere with the use and enjoyment of any other land or 
  4.32  property. 
  4.33     Sec. 6.  [87A.05] [SHOOTING RANGES; NOISE STANDARDS.] 
  4.34     A person who owns, operates, or uses a shooting range in 
  4.35  this state is subject only to the noise standards set forth in 
  4.36  Minnesota Rules, part 7030.0040, subpart 2, in effect on March 
  5.1   1, 1999. 
  5.2      Sec. 7.  [87A.06] [NUISANCE ACTIONS.] 
  5.3      A person who owns, operates, or uses a shooting range in 
  5.4   this state that is in material compliance with generally 
  5.5   accepted operation practices is not subject to any action for 
  5.6   nuisance and no court of this state may enjoin or restrain the 
  5.7   use or operation of such a range.  This section does not 
  5.8   prohibit an action for personal injury resulting from 
  5.9   recklessness or negligence in the operation of the range or by a 
  5.10  person using the range in a reckless or negligent manner. 
  5.11     Sec. 8.  Minnesota Statutes 2000, section 97A.021, 
  5.12  subdivision 3, is amended to read: 
  5.13     Subd. 3.  [PARTS AND DECOYS OF WILD ANIMALS.] A provision 
  5.14  relating to a wild animal applies in the same manner to a part 
  5.15  of the wild animal and includes decoys of wild animals placed by 
  5.16  a licensed peace officer.  
  5.17     Sec. 9.  Minnesota Statutes 2000, section 97A.055, is 
  5.18  amended by adding a subdivision to read: 
  5.19     Subd. 2a.  [FEDERAL FUNDS TO THE GAME AND FISH FUND.] (a) 
  5.20  Federal aid reimbursements under the Federal Aid in Wildlife 
  5.21  Restoration Act, as provided by United States Code, title 16, 
  5.22  sections 669 to 669i, shall be deposited in the game and fish 
  5.23  fund. 
  5.24     (b) Federal aid reimbursements under the Federal Aid in 
  5.25  Fish Restoration Act, as provided by United States Code, title 
  5.26  16, sections 777 to 777k, shall be deposited in the game and 
  5.27  fish fund. 
  5.28     Sec. 10.  [97A.057] [FEDERAL LAW COMPLIANCE; RESTRICTIONS 
  5.29  ON LICENSE REVENUE.] 
  5.30     Subdivision 1.  [COMPLIANCE.] The commissioner shall take 
  5.31  the action necessary to comply with the Federal Aid in Wildlife 
  5.32  Restoration Act, as provided by United States Code, title 16, 
  5.33  sections 669 to 669i, and the Federal Aid in Fish Restoration 
  5.34  Act, as provided by United States Code, title 16, sections 777 
  5.35  to 777k. 
  5.36     Subd. 2.  [RESTRICTIONS ON LICENSE REVENUE.] Money accruing 
  6.1   to the state from fees charged for hunting and angling licenses 
  6.2   shall not be used for any purpose other than game and fish and 
  6.3   related activities under the administration of the commissioner. 
  6.4      Sec. 11.  [97A.124] [PREDATOR MANAGEMENT PROGRAM.] 
  6.5      The commissioner must develop a predator management program 
  6.6   proposal that focuses on protecting ground nesting birds from 
  6.7   predators, including but not limited to, skunk, raccoon, and fox.
  6.8      Sec. 12.  Minnesota Statutes 2000, section 97A.475, 
  6.9   subdivision 41, is amended to read: 
  6.10     Subd. 41.  [TURTLE SELLERS LICENSES.] (a) The fee for a 
  6.11  turtle seller's license to sell turtles and to take, transport, 
  6.12  purchase buy, and possess turtles for sale is $70.  
  6.13     (b) The fee for a recreational turtle license to take, 
  6.14  transport, and possess turtles is $25. 
  6.15     (c) The fee for a turtle seller's apprentice license is $25.
  6.16     Sec. 13.  Minnesota Statutes 2000, section 97B.603, is 
  6.17  amended to read: 
  6.18     97B.603 [TAKING SMALL GAME AS A PARTY HUNTING.] 
  6.19     While two or more persons are hunting taking small game as 
  6.20  a party and maintaining unaided visual and vocal contact, a 
  6.21  member of the party may take and possess more than one limit of 
  6.22  small game, but the total number of small game taken and 
  6.23  possessed by the party may not exceed the limit of the number of 
  6.24  persons in the party that may take and possess small game.  This 
  6.25  section does not apply to the hunting of migratory game birds or 
  6.26  turkeys, except that a licensed turkey hunter may assist another 
  6.27  licensed turkey hunter for the same zone and time period as long 
  6.28  as the hunter does not shoot or tag a turkey for the other 
  6.29  hunter. 
  6.30     Sec. 14.  Minnesota Statutes 2000, section 97B.901, is 
  6.31  amended to read: 
  6.32     97B.901 [COMMISSIONER MAY REQUIRE TAGS ON REGISTRATION AND 
  6.33  TAGGING OF FUR-BEARING ANIMALS.] 
  6.34     (a) The commissioner may, by rule, require persons taking, 
  6.35  possessing, and transporting fur-bearing animals to tag the 
  6.36  animals.  The commissioner shall prescribe the manner of 
  7.1   issuance and the type of tag, which must show the year of 
  7.2   issuance.  The commissioner shall issue the tag, without a fee, 
  7.3   upon request. 
  7.4      (b) The pelt of each bobcat, fisher, pine marten, and otter 
  7.5   must be presented, by the person taking it, to a state wildlife 
  7.6   manager or designee for registration before the pelt is sold and 
  7.7   before the pelt is transported out of the state, but in no event 
  7.8   more than 48 hours after the season closes for the species.  
  7.9   Until March 1, 2003, a possession or site tag is not required 
  7.10  prior to registration of the bobcat, fisher, pine marten, or 
  7.11  otter. 
  7.12     Sec. 15.  Minnesota Statutes 2000, section 97B.931, is 
  7.13  amended by adding a subdivision to read: 
  7.14     Subd. 3.  [SNARES.] A snare need not be tended more 
  7.15  frequently than once every third calendar day. 
  7.16     Sec. 16.  [97C.303] [CONSERVATION ANGLING LICENSE.] 
  7.17     Subdivision 1.  [AVAILABILITY.] The commissioner shall make 
  7.18  available a conservation angling license according to this 
  7.19  section.  Conservation angling licenses shall be offered for 
  7.20  resident and nonresident individuals, resident married couples, 
  7.21  nonresident married couples valid for 14 consecutive days, and 
  7.22  nonresident families. 
  7.23     Subd. 2.  [DAILY AND POSSESSION LIMITS.] Daily and 
  7.24  possession limits for fish taken under a conservation angling 
  7.25  license are one-half the daily and possession limits for the 
  7.26  corresponding fish taken under a standard angling license, 
  7.27  rounded down to the next whole number if necessary. 
  7.28     Subd. 3.  [LICENSE FEE.] The fee for a conservation angling 
  7.29  license issued under this section is two-thirds of the 
  7.30  corresponding standard angling license fee under section 
  7.31  97A.475, subdivision 6 or 7, rounded to the nearest whole dollar.
  7.32     Sec. 17.  Minnesota Statutes 2000, section 97C.315, 
  7.33  subdivision 1, is amended to read: 
  7.34     Subdivision 1.  [LINES.] An angler may not use more than 
  7.35  one line except: 
  7.36     (1) two lines may be used to take fish through the ice; and 
  8.1      (2) the commissioner may, by rule, authorize the use of two 
  8.2   lines in areas designated by the commissioner in Lake Superior. 
  8.3      Sec. 18.  Minnesota Statutes 2000, section 97C.355, 
  8.4   subdivision 2, is amended to read: 
  8.5      Subd. 2.  [LICENSE REQUIRED.] A person may not take fish 
  8.6   from a dark house or fish house unless the house is licensed and 
  8.7   has a durable license tag attached to the exterior as prescribed 
  8.8   by the commissioner, except as provided in this subdivision.  
  8.9   The commissioner must issue a durable tag that is at least two 
  8.10  inches in diameter with a 3/16 inch hole in the center with a 
  8.11  dark house or fish house license.  The durable tag must be 
  8.12  marked with a number to correspond with the license and the year 
  8.13  of issue.  A dark house or fish house license is not 
  8.14  required for a portable house removed from the ice on a daily 
  8.15  basis or of a resident on boundary waters where the adjacent 
  8.16  state does not charge a fee for the same activity. 
  8.17     Sec. 19.  Minnesota Statutes 2000, section 97C.605, is 
  8.18  amended to read: 
  8.19     97C.605 [TURTLES.] 
  8.20     Subdivision 1.  [RESIDENT ANGLING LICENSE REQUIRED.] A 
  8.21  person may not take, possess, or transport turtles without an a 
  8.22  resident angling license, except as provided in subdivision 2 2c.
  8.23     Subd. 2.  [TURTLE SELLER'S LICENSE.] (a) A person may not 
  8.24  take, buy, possess, or transport, or purchase turtles for sale, 
  8.25  sell turtles, or take turtles for sale using commercial 
  8.26  equipment, as described in subdivision 3a, without a turtle 
  8.27  seller's license, except as provided in this subdivision 2c. 
  8.28     Subd. 2a.  [RECREATIONAL TURTLE LICENSE.] A person who does 
  8.29  not possess a turtle seller's license may take turtles for 
  8.30  personal use with commercial equipment, as described in 
  8.31  subdivision 3a, with a recreational turtle license. 
  8.32     Subd. 2b.  [TURTLE SELLER'S APPRENTICE LICENSE.] (a) A 
  8.33  person with a turtle seller's license may list one person as an 
  8.34  apprentice on the license.  A person acting as an apprentice for 
  8.35  a turtle seller licensee must have an apprentice license and may 
  8.36  assist the turtle seller licensee in all licensed activities. 
  9.1      (b) The turtle seller licensee or the turtle seller's 
  9.2   apprentice licensee must be present at all turtle operations 
  9.3   conducted under the turtle seller's license.  Turtle operations 
  9.4   include going to and from turtle harvest locations; setting, 
  9.5   lifting, and removing commercial turtle equipment; and 
  9.6   transporting turtles from harvest locations. 
  9.7      (c) A turtle seller's apprentice license is transferable by 
  9.8   the turtle seller licensee by making application to the 
  9.9   commissioner.  A person listed as an apprentice by a turtle 
  9.10  seller licensee must not be listed as an apprentice by another 
  9.11  turtle seller licensee nor may an apprentice possess a turtle 
  9.12  seller's license or a recreational turtle license. 
  9.13     (b) Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need 
  9.14  a turtle seller's license or an angling license: 
  9.15     (1) when buying turtles for resale at a retail outlet; 
  9.16     (2) when buying a turtle at a retail outlet; or 
  9.17     (3) if the person is a nonresident buying a turtle from a 
  9.18  licensed turtle seller for export out of state.  Shipping 
  9.19  documents provided by the turtle seller must accompany each 
  9.20  shipment exported out of state by a nonresident.  Shipping 
  9.21  documents must include:  name, address, city, state, and zip 
  9.22  code of the buyer; number of each species of turtle; and name 
  9.23  and license number of the turtle seller.  
  9.24     Subd. 3.  [TAKING; METHODS PROHIBITED.] (a) Except as 
  9.25  allowed in paragraph (b), A person may take turtles in any 
  9.26  manner, except by the use of: 
  9.27     (1) explosives, drugs, poisons, lime, and other harmful 
  9.28  substances; 
  9.29     (2) traps, except as provided under subdivision 3a; or 
  9.30     (3) nets other than anglers' fish landing nets; or 
  9.31     (4) commercial equipment, except as provided under 
  9.32  subdivision 3a.  
  9.33     (b) A person with a turtle seller's license may take 
  9.34  turtles with a floating turtle trap that: 
  9.35     (1) has one or more openings above the water surface that 
  9.36  measure at least ten inches by four inches; and 
 10.1      (2) has a mesh size of not less than one-half inch, bar 
 10.2   measure. 
 10.3   The commissioner may prescribe additional regulations for taking 
 10.4   turtles for sale. 
 10.5      Subd. 3a.  [COMMERCIAL EQUIPMENT FOR TAKING TURTLES.] (a) A 
 10.6   person with a turtle seller's license or a recreational turtle 
 10.7   license may take turtles with a floating or submerged turtle 
 10.8   trap, turtle hooks, and other commercial equipment authorized by 
 10.9   the commissioner. 
 10.10     (b) Floating traps must have: 
 10.11     (1) one or more openings above the water surface that 
 10.12  measure at least ten inches by four inches; and 
 10.13     (2) a mesh size of not less than one-half inch bar measure. 
 10.14     (c) Submerged traps must be constructed of either flexible 
 10.15  webbing or wire.  Flexible webbing traps must be of a mesh size 
 10.16  not less than 3-1/2 inches bar measure or seven inches stretch 
 10.17  measure.  Wire traps must be of a mesh size not less than 
 10.18  two-inch by four-inch bar measure and must have one square 
 10.19  opening on the top at least four inches on a side and two square 
 10.20  openings of the same dimension on each of the side panels near 
 10.21  the top of the trap. 
 10.22     (d) A person with a turtle seller's license must not 
 10.23  operate more than 40 submerged turtle traps and 40 floating 
 10.24  turtle traps. 
 10.25     (e) A person with a recreational turtle license may use 
 10.26  floating or submerged turtle traps, but must not operate more 
 10.27  than three turtle traps. 
 10.28     (f) The commissioner shall issue 40 identification tags for 
 10.29  submerged turtle traps and 40 identification tags for floating 
 10.30  turtle traps to a turtle seller licensee and three turtle trap 
 10.31  identification tags to a recreational turtle licensee.  Tags 
 10.32  must be attached to submerged and floating traps at all times.  
 10.33  Lost tags must be reported within 48 hours to the local 
 10.34  conservation officer or the commercial fisheries program 
 10.35  consultant.  The commissioner may reissue tags upon request. 
 10.36     Subd. 3b.  [INTERFERENCE WITH COMMERCIAL OR RECREATIONAL 
 11.1   TURTLE OPERATIONS.] A person may not: 
 11.2      (1) knowingly place or maintain an obstruction that will 
 11.3   hinder, prevent, or interfere with a licensed turtle operation; 
 11.4      (2) remove turtles, other wild animals, or fish from a 
 11.5   floating or submerged trap licensed under the game and fish 
 11.6   laws; or 
 11.7      (3) knowingly damage, disturb, or interfere with a licensed 
 11.8   turtle operation. 
 11.9      Subd. 4.  [ARTIFICIAL LIGHTS.] The commissioner may issue 
 11.10  permits to take turtles with the use of artificial lights in 
 11.11  designated waters.  
 11.12     Sec. 20.  Minnesota Statutes 2000, section 97C.611, is 
 11.13  amended to read: 
 11.14     97C.611 [SNAPPING TURTLES; LIMITS.] 
 11.15     A person may not possess more than three snapping turtles 
 11.16  of the species Chelydra serpentina without a turtle seller's 
 11.17  license.  A person, including a licensed turtle seller, 
 11.18  recreational turtle licensee, or turtle seller's apprentice, may 
 11.19  not take snapping turtles of a size less than ten inches wide 
 11.20  including curvature, measured from side to side across the shell 
 11.21  at midpoint. 
 11.22     Sec. 21.  [97C.612] [WESTERN PAINTED TURTLES; LIMITS.] 
 11.23     A licensed turtle seller, a recreational turtle licensee, 
 11.24  or a turtle seller's apprentice may not take western painted 
 11.25  turtles greater than five inches in shell length. 
 11.26     Sec. 22.  Minnesota Statutes 2000, section 103G.265, 
 11.27  subdivision 3, is amended to read: 
 11.28     Subd. 3.  [CONSUMPTIVE USE OF MORE THAN 2,000,000 GALLONS 
 11.29  PER DAY.] (a) Except as provided in paragraph (b), a water use 
 11.30  permit or a plan that requires a permit or the commissioner's 
 11.31  approval, involving a consumptive use of more than 2,000,000 
 11.32  gallons per day average in a 30-day period, may not be granted 
 11.33  or approved until:  
 11.34     (1) a determination is made by the commissioner that the 
 11.35  water remaining in the basin of origin will be adequate to meet 
 11.36  the basin's water resources needs during the specified life of 
 12.1   the consumptive use; and 
 12.2      (2) approval of the consumptive use is given by the 
 12.3   legislature. 
 12.4      (b) Legislative approval under paragraph (a), clause (2), 
 12.5   is not required for a consumptive use in excess of 2,000,000 
 12.6   gallons per day average in a 30-day period for:  
 12.7      (1) a domestic water supply, excluding industrial and 
 12.8   commercial uses of a municipal water supply; 
 12.9      (2) agricultural irrigation and processing of agricultural 
 12.10  products; 
 12.11     (3) construction and metallic mineland dewatering; 
 12.12     (4) pollution abatement or remediation; and 
 12.13     (5) fish and wildlife enhancement projects using surface 
 12.14  water sources. 
 12.15     Sec. 23.  [348.125] [COYOTE CONFLICT MANAGEMENT OPTION.] 
 12.16     A county board may, by resolution, offer a bounty for the 
 12.17  destruction of coyotes (Canis latrans).  The resolution may be 
 12.18  made applicable to the whole or any part of the county.  The 
 12.19  bounty must apply during the months specified in the resolution 
 12.20  and be in an amount determined by the board. 
 12.21     Sec. 24.  [EFFECTIVE DATE.] 
 12.22     Sections 2 to 7, 12, and 19 to 21 are effective the day 
 12.23  following final enactment.