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HF 2171

5th Engrossment - 87th Legislature (2011 - 2012) Posted on 04/03/2012 07:36pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying game and fish license provisions;
providing for taking wolf; modifying requirements to take and transport
wild animals; modifying department authority and duties; creating walk-in
access program; modifying predator control program; modifying deer baiting
restrictions; modifying authority to remove beavers; providing for disposition of
certain receipts; eliminating venison donation program; modifying snowmobile
registration and trail sticker requirements; modifying snowmobile operation
provisions; modifying watercraft license fees; modifying shooting range
provisions; modifying temporary drawdown of public waters provisions;
modifying 2012 fishing opener date; requiring rulemaking; providing civil
penalties; appropriating money; amending Minnesota Statutes 2010, sections
84.027, subdivisions 14, 15; 84.82, subdivisions 2, 3; 84.8205, subdivision 1;
84.83, subdivisions 2, 3; 84.86, subdivision 1; 84.8712, subdivision 1; 86B.301,
subdivision 2; 86B.415, subdivisions 1, 2, by adding a subdivision; 87A.01,
subdivision 4; 87A.02, subdivision 2; 97A.015, subdivisions 3a, 53; 97A.065,
subdivision 6; 97A.085, by adding a subdivision; 97A.095, subdivisions 1,
2; 97A.137, subdivision 5; 97A.405, subdivision 4, by adding a subdivision;
97A.421, subdivision 3; 97A.441, subdivision 7; 97A.451, subdivisions 3, 4, by
adding a subdivision; 97A.473, subdivisions 3, 5, 5a; 97A.475, subdivisions
2, 3, 3a, 4, 20, 44; 97A.482; 97B.001, subdivision 7; 97B.031, subdivisions
1, 2; 97B.035, subdivision 1a; 97B.071; 97B.085, subdivision 3; 97B.328;
97B.601, subdivisions 3a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4;
97B.711, subdivision 1; 97B.805, subdivision 1; 97B.901; 97C.355, subdivision
1, by adding a subdivision; 97C.395, subdivision 1; 97C.515, subdivisions
2, 4, 5; 103G.005, by adding a subdivision; 103G.408; Minnesota Statutes
2011 Supplement, sections 97A.075, subdivision 1, by adding a subdivision;
97B.075; 97B.645, subdivision 9; 97B.667; proposing coding for new law
in Minnesota Statutes, chapters 31; 87A; 97A; 97B; repealing Minnesota
Statutes 2010, sections 17.035; 17.4993, subdivision 2; 87A.02, subdivision 1;
97A.045, subdivisions 8, 13; 97A.065, subdivision 1; 97A.095, subdivision 3;
97A.331, subdivision 7; 97A.485, subdivision 12; 97A.552; 97B.303; 97B.645,
subdivision 2; 97C.031.

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

Section 1.

new text begin [31.64] DONATED VENISON.
new text end

new text begin Notwithstanding any other law, the commissioner may not regulate venison donated
for charitable purposes.
new text end

Sec. 2.

Minnesota Statutes 2010, section 84.027, subdivision 14, is amended to read:


Subd. 14.

Mission; efficiency.

It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

(6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; deleted text beginand
deleted text end

(7) recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the departmentnew text begin; and
new text end

new text begin (8) plan and implement activities designed to recruit new outdoor recreation
participants, including youth, women, and minorities, and retain existing participants.
This includes but is not limited to anglers, hunters, trappers, and campers
new text end.

Sec. 3.

Minnesota Statutes 2010, section 84.027, subdivision 15, is amended to read:


Subd. 15.

Electronic transactions.

(a) The commissioner may receive an
application for, sell, and issue any license, stamp, permit, pass, sticker, gift card, safety
training certification, registration, or transfer under the jurisdiction of the commissioner
by electronic means, including by telephone. Notwithstanding section 97A.472, electronic
and telephone transactions may be made outside of the state. The commissioner may:

(1) provide for the electronic transfer of funds generated by electronic transactions,
including by telephone;

(2) assign an identification number to an applicant who purchases a hunting or
fishing license or recreational vehicle registration by electronic means, to serve as
temporary authorization to engage in the activity requiring a license or registration until
the license or registration is received or expires;

(3) charge and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees and an
additional transaction fee not to exceed $3.50;

(4) charge and permit agents to charge a convenience fee not to exceed three percent
of the cost of the license to individuals who use electronic bank cards for payment. An
electronic licensing system agent charging a fee of individuals making an electronic
bank card transaction in person must post a sign informing individuals of the fee. The
sign must be near the point of payment, clearly visible, include the amount of the fee, and
state: "License agents are allowed by state law to charge a fee not to exceed three percent
of the cost of state licenses to persons who use electronic bank cards for payment. The
fee is not required by state law.";

(5) establish, by written order, an electronic licensing system commission to be
paid by revenues generated from all sales made through the electronic licensing system.
The commissioner shall establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the electronic licensing
system; and

(6) adopt rules to administer the provisions of this subdivision.

(b) The fees established under paragraph (a), clauses (3) and (4), and the commission
established under paragraph (a), clause (5), are not subject to the rulemaking procedures
of chapter 14 and section 14.386 does not apply.

(c) Money received from fees and commissions collected under this subdivision,
including interest earned, is annually appropriated from the game and fish fund and the
natural resources fund to the commissioner for the cost of electronic licensing.

new text begin (d) Game and fish licenses under chapters 97A, 97B, and 97C shall be available by
electronic transaction, regardless of whether all or any part of the biennial appropriation
law for the department has been enacted. If, by July 1 of an odd-numbered year, legislation
has not been enacted to appropriate money to the commissioner of management and
budget for central accounting, procurement, payroll, and human resources functions,
amounts necessary to operate those functions for the purpose of this paragraph are
appropriated from the general fund to the commissioner of management and budget.
As necessary, the commissioner may transfer a portion of this appropriation to other
state agencies to support carrying out these functions. Any subsequent appropriation to
the commissioner of management and budget for a biennium in which this section is
applicable supersedes and replaces the funding authorized in this paragraph.
new text end

Sec. 4.

Minnesota Statutes 2010, section 84.82, subdivision 2, is amended to read:


Subd. 2.

Application, issuance, deleted text beginreports, additionaldeleted text endnew text begin issuingnew text end fee.

(a) Application for
registration or reregistration shall be made to the commissioner or an authorized deputy
registrar of motor vehicles in a format prescribed by the commissioner and shall state the
legal name and address of every owner of the snowmobile.

(b) A person who purchases a snowmobile from a retail dealer shall make application
for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary
21-day registration permit to each purchaser who applies to the dealer for registration.
The temporary permit must contain the dealer's identification number and phone number.
Each retail dealer shall submit completed registration and fees to the deputy registrar at
least once a week. No fee may be charged by a dealer to a purchaser for providing the
temporary permit.

(c) Upon receipt of the application and the appropriate fee deleted text beginas hereinafter provideddeleted text end,
the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer,
an assigned registration number or a commissioner or deputy registrar temporary 21-day
permit. Once issued, the registration deleted text beginnumberdeleted text endnew text begin decalnew text end must be affixed to the snowmobile in
a clearly visible and permanent manner for enforcement purposes as the commissioner
of natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the
registration materials or temporary permit to the purchaser within the temporary 21-day
permit period. The registration is not valid unless signed by at least one owner. deleted text beginThe
temporary permit must indicate whether a snowmobile state trail sticker under section
84.8205 was purchased.
deleted text end

(d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall
also be a deputy registrar of snowmobiles. The commissioner of natural resources in
agreement with the commissioner of public safety may prescribe the accounting and
procedural requirements necessary to assure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with these accounting and
procedural requirements.

(e) A fee of deleted text begin$2deleted text endnew text begin $3new text end in addition to that otherwise prescribed by law shall be charged for:

(1) each snowmobile registered by the registrar or a deputy registrar and the
additional fee shall be disposed of in the manner provided in section 168.33, subdivision
2
; or

(2) each snowmobile registered by the commissioner and the additional fee shall
be deposited in the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund.

Sec. 5.

Minnesota Statutes 2010, section 84.82, subdivision 3, is amended to read:


Subd. 3.

Fees for registration.

(a) The fee for registration of each snowmobile,
other than those used for an agricultural purpose, as defined in section 84.92, subdivision
1c, or those registered by a dealer or manufacturer pursuant to paragraph (b) or (c) shall be
as follows: deleted text begin$45deleted text endnew text begin $75new text end for three years and deleted text begin$4deleted text endnew text begin $10new text end for a duplicate or transfer.

(b) The total registration fee for all snowmobiles owned by a dealer and operated for
demonstration or testing purposes shall be $50 per year.

(c) The total registration fee for all snowmobiles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes shall be $150
per year. Dealer and manufacturer registrations are not transferable.

(d) The onetime fee for registration of an exempt snowmobile under subdivision
6a is $6.

Sec. 6.

Minnesota Statutes 2010, section 84.8205, subdivision 1, is amended to read:


Subdivision 1.

Sticker required; fee.

(a) deleted text beginExcept as provided in paragraph (b),
a person
deleted text endnew text begin A snowmobile that is not registered in the state or that is registered by a
manufacturer or dealer under section 84.82, subdivision 3, paragraph (b) or (c),
new text end may not
deleted text begin operate a snowmobiledeleted text endnew text begin be operatednew text end on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile.

new text begin (b) new text endThe commissioner of natural resources shall issue a sticker upon application
and payment of a deleted text begin$15deleted text end fee. The fee deleted text beginfor a three-year snowmobile state trail sticker that is
purchased at the time of snowmobile registration is $30
deleted text endnew text begin is:
new text end

new text begin (1) $35 for a one-year snowmobile state trail sticker purchased by an individual; and
new text end

new text begin (2) $15 for a one-year snowmobile state trail sticker purchased by a dealer or
manufacturer
new text end.

new text begin (c) new text endIn addition to other penalties prescribed by law, deleted text begina persondeleted text endnew text begin an individualnew text end in
violation of this subdivision must purchase an annual state trail sticker for a fee of deleted text begin$30deleted text endnew text begin
$70
new text end. The sticker is valid from November 1 through June 30. Fees collected under this
section, except for the issuing fee for licensing agents, shall be deposited in the state
treasury and credited to the snowmobile trails and enforcement account in the natural
resources fund and, except for the electronic licensing system commission established by
the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid,
trail maintenance, grooming, and easement acquisition.

deleted text begin (b)deleted text endnew text begin (d)new text end A state trail sticker is not required under this section for:

(1) deleted text begina snowmobile owned by the state or a political subdivision of the state that is
registered under section 84.82, subdivision 5;
deleted text end

deleted text begin (2)deleted text end a snowmobile that is owned and used by the United States, an Indian tribal
government, another state, or a political subdivision thereof that is exempt from
registration under section 84.82, subdivision 6;

deleted text begin (3)deleted text endnew text begin (2)new text end a collector snowmobile that is operated as provided in a special permit issued
for the collector snowmobile under section 84.82, subdivision 7a;

deleted text begin (4)deleted text endnew text begin (3)new text end a person operating a snowmobile only on the portion of a trail that is owned
by the person or the person's spouse, child, or parent; or

deleted text begin (5)deleted text endnew text begin (4)new text end a snowmobile while being used to groom a state or grant-in-aid trail.

deleted text begin (c) A temporary registration permit issued by a dealer under section 84.82,
subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is
included with the registration application fee.
deleted text end

Sec. 7.

Minnesota Statutes 2010, section 84.83, subdivision 2, is amended to read:


Subd. 2.

Money deposited in the account.

Fees from the registration of
snowmobilesnew text begin and from the issuance of snowmobile state trail stickersnew text end and the unrefunded
gasoline tax attributable to snowmobile use pursuant to section 296A.18 shall be deposited
in the state treasury and credited to the snowmobile trails and enforcement account.

Sec. 8.

Minnesota Statutes 2010, section 84.83, subdivision 3, is amended to read:


Subd. 3.

Purposes for the accountnew text begin; allocationnew text end.

new text begin(a) new text endThe money deposited in the
account and interest earned on that money may be expended only as appropriated by
law for the following purposes:

(1) for a grant-in-aid program to counties and municipalities for construction and
maintenance of snowmobile trails, including maintenance of trails on lands and waters of
Voyageurs National Park; on Lake of the Woods; on Rainy Lake; on the following lakes in
St. Louis County: Burntside, Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
and on the following lakes in Cook County: Devil Track and Hungry Jack;

(2) for acquisition, development, and maintenance of state recreational snowmobile
trails;

(3) for snowmobile safety programs; and

(4) for the administration and enforcement of sections 84.81 to 84.91 and
appropriated grants to local law enforcement agencies.

new text begin (b) No less than 60 percent of revenue collected from snowmobile registration
and snowmobile state trail sticker fees must be expended for grants-in-aid to develop,
maintain, and groom trails and acquire easements.
new text end

Sec. 9.

Minnesota Statutes 2010, section 84.86, subdivision 1, is amended to read:


Subdivision 1.

Required rules.

With a view of achieving maximum use of
snowmobiles consistent with protection of the environment the commissioner of natural
resources shall adopt rules in the manner provided by chapter 14, for the following
purposes:

(1) Registration of snowmobiles and display of registration deleted text beginnumbersdeleted text endnew text begin decalsnew text end.

(2) Use of snowmobiles insofar as game and fish resources are affected.

(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.

(4) Uniform signs to be used by the state, counties, and cities, which are necessary
or desirable to control, direct, or regulate the operation and use of snowmobiles.

(5) Specifications relating to snowmobile mufflers.

(6) A comprehensive snowmobile information and safety education and training
program, including but not limited to the preparation and dissemination of snowmobile
information and safety advice to the public, the training of snowmobile operators, and
the issuance of snowmobile safety certificates to snowmobile operators who successfully
complete the snowmobile safety education and training course. For the purpose of
administering such program and to defray expenses of training and certifying snowmobile
operators, the commissioner shall collect a fee from each person who receives the
youth or adult training. The commissioner shall collect a fee, to include a $1 issuing
fee for licensing agents, for issuing a duplicate snowmobile safety certificate. The
commissioner shall establish both fees in a manner that neither significantly overrecovers
nor underrecovers costs, including overhead costs, involved in providing the services.
The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply. The fees may be established by the commissioner notwithstanding
section 16A.1283. The fees, except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the snowmobile trails and enforcement account in the
natural resources fund and the amount thereof, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15, and
issuing fees collected by the commissioner, is appropriated annually to the Enforcement
Division of the Department of Natural Resources for the administration of such programs.
In addition to the fee established by the commissioner, instructors may charge each person
up to the established fee amount for class materials and expenses. The commissioner shall
cooperate with private organizations and associations, private and public corporations,
and local governmental units in furtherance of the program established under this clause.
School districts may cooperate with the commissioner and volunteer instructors to
provide space for the classroom portion of the training. The commissioner shall consult
with the commissioner of public safety in regard to training program subject matter and
performance testing that leads to the certification of snowmobile operators.

(7) The operator of any snowmobile involved in an accident resulting in injury
requiring medical attention or hospitalization to or death of any person or total damage
to an extent of $500 or more, shall forward a written report of the accident to the
commissioner on such form as the commissioner shall prescribe. If the operator is killed
or is unable to file a report due to incapacitation, any peace officer investigating the
accident shall file the accident report within ten business days.

Sec. 10.

Minnesota Statutes 2010, section 84.8712, subdivision 1, is amended to read:


Subdivision 1.

Prohibition.

A person may not use a snowmobile with metal traction
devices on a paved public traildeleted text begin, except as otherwise provideddeleted text end new text begin that is designated closed to
such use
new text endby a local government with jurisdiction over deleted text beginadeleted text end new text beginthe new text endtrail or new text beginon a paved state trail or
new text endany portion of a paved state trailnew text begin that isnew text end designated new text beginclosed to such use new text endby the commissioner.

Sec. 11.

Minnesota Statutes 2010, section 86B.301, subdivision 2, is amended to read:


Subd. 2.

Exemptions.

A watercraft license is not required for:

(1) a watercraft that is covered by a license or number in full force and effect under
federal law or a federally approved licensing or numbering system of another state, and
has not been within this state for more than 90 consecutive days, which does not include
days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
port or another port in the state;

(2) a watercraft from a country other than the United States that has not been
within this state for more than 90 consecutive days, which does not include days that a
watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another
port in the state;

(3) a watercraft owned by the United States, an Indian tribal government, a state, or
a political subdivision of a state, except watercraft used for recreational purposes;

(4) a ship's lifeboat;

(5) a watercraft that has been issued a valid marine document by the United States
government;

(6) a duck boat during duck hunting season;

(7) a rice boat during the harvest season;

(8) a seaplane; and

(9) a nonmotorized watercraft deleted text beginninedeleted text endnew text begin tennew text end feet in length or less.

Sec. 12.

Minnesota Statutes 2010, section 86B.415, subdivision 1, is amended to read:


Subdivision 1.

Watercraft 19 feet or less.

new text begin(a) Except as provided in paragraph (b)
and subdivision 1a,
new text endthe fee for a watercraft license for watercraft 19 feet or less in length
is $27 deleted text beginexcept:deleted text endnew text begin.
new text end

new text begin (b) The watercraft license fee:
new text end

(1) for watercraft, other than personal watercraft, 19 feet in length or less that is
offered for rent or lease, the fee is $9;

(2) for a deleted text begincanoe, kayak,deleted text end sailboat, deleted text beginsailboard, paddle boat, or rowing shelldeleted text end 19 feet in
length or less, the fee is $10.50;

(3) for a watercraft 19 feet in length or less used by a nonprofit corporation for
teaching boat and water safety, the fee is as provided in subdivision 4;

(4) for a watercraft owned by a dealer under a dealer's license, the fee is as provided
in subdivision 5;

(5) for a personal watercraft, the fee is $37.50; and

(6) for a watercraft less than 17 feet in length, other than a watercraft listed in
clauses (1) to (5), the fee is $18.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2012.
new text end

Sec. 13.

Minnesota Statutes 2010, section 86B.415, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Canoes, kayaks, sailboards, paddle boards, paddle boats, or rowing
shells.
new text end

new text begin The fee for a watercraft license for a canoe, kayak, sailboard, paddle board, paddle
boat, or rowing shell over ten feet in length is $10.50.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2012.
new text end

Sec. 14.

Minnesota Statutes 2010, section 86B.415, subdivision 2, is amended to read:


Subd. 2.

Watercraft over 19 feet.

Except as provided in subdivisions new text begin1a, new text end3, 4,
and 5, the watercraft license fee:

(1) for a watercraft more than 19 feet but less than 26 feet in length is $45;

(2) for a watercraft 26 feet but less than 40 feet in length is $67.50; and

(3) for a watercraft 40 feet in length or longer is $90.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2012.
new text end

Sec. 15.

Minnesota Statutes 2010, section 87A.01, subdivision 4, is amended to read:


Subd. 4.

Shooting range performance standards.

"Shooting range performance
standards" means deleted text beginthose rules adopted by the commissioner of natural resources underdeleted text endnew text begin the
best practices for shooting range performance standards identified in
new text end section 87A.02
deleted text begin for the safe operation of shooting rangesdeleted text end.

Sec. 16.

Minnesota Statutes 2010, section 87A.02, subdivision 2, is amended to read:


Subd. 2.

deleted text beginInterim standardsdeleted text endnew text begin Best practicesnew text end.

deleted text beginUntil the commissioner of natural
resources adopts the shooting range performance standards under subdivision 1, paragraph
(a)
deleted text endnew text begin For purposes of this chapternew text end, the November 1999 revised edition of the National Rifle
Association's Range Source Book: A Guide to Planning and Construction shall serve
as deleted text beginthe interimdeleted text endnew text begin best practices fornew text end shooting range performance standardsdeleted text begin, having the full
effect of the shooting range performance standards for purposes of this chapter. The
interim shooting range performance standards sunset and have no further effect under this
chapter upon the effective date of the shooting range performance standards adopted
under subdivision 1, paragraph (a)
deleted text end.

Sec. 17.

new text begin [87A.09] PUBLIC SHOOTING RANGES; ACCESSIBILITY.
new text end

new text begin (a) A publicly owned or managed shooting range that is funded in whole or part
with public funds must be available at least twice during the spring and twice during
the summer for use by participants in a firearms safety instruction course under section
97B.015. The shooting range must be available during hours reasonable for youth
participants. The range operator may charge a fee to cover any costs directly incurred
from use required under this section, but may not charge a fee to offset costs for general
maintenance and operation of the facility.
new text end

new text begin (b) This section does not apply to a shooting range located on the same premises as a
correctional or detention facility that holds or incarcerates offenders.
new text end

Sec. 18.

Minnesota Statutes 2010, section 97A.015, subdivision 3a, is amended to read:


Subd. 3a.

Bonus permit.

"Bonus permit" means a license to take and tag deer by
archery or firearms, in addition to deer authorized to be taken under regular firearms or
archery licensesnew text begin, or a license issued under section 97A.441, subdivision 7new text end.

Sec. 19.

Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to read:


Subd. 53.

Unprotected wild animals.

"Unprotected wild animals" means wild
animals that are not protected wild animals including weasel, coyote deleted text begin(brush wolf)deleted text end, gopher,
porcupine, striped skunk, and unprotected birds.

Sec. 20.

Minnesota Statutes 2010, section 97A.065, subdivision 6, is amended to read:


Subd. 6.

deleted text beginDeerdeleted text end License donations and surcharges.

deleted text begin(a)deleted text end The surcharges and
donations collected under section 97A.475, deleted text beginsubdivision 3deleted text enddeleted text begin, paragraph (b), and subdivision
3a,
deleted text end new text beginsubdivisions 3, paragraph (b); 3a; and 4, paragraph (b),new text end shall be deposited in an
account in the special revenue fund and are appropriated to the commissioner for deleted text begindeer
management, including for grants or payments to agencies, organizations, or individuals
for assisting with the cost of processing deer taken for population management purposes
for venison donation programs. None of the additional license fees shall be transferred
to any other agency for administration of programs other than venison donation. If any
money transferred by the commissioner is not used for a venison donation program,
it shall be returned to the commissioner
deleted text endnew text begin administration of the walk-in access program
under section 97A.126
new text end.

deleted text begin (b) By February 10, 2010, the commissioner shall report to the legislature on the
participation in and the effectiveness of the venison donation program.
deleted text end

Sec. 21.

Minnesota Statutes 2011 Supplement, section 97A.075, subdivision 1, is
amended to read:


Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses
(5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and (12),
and licenses issued under section 97B.301, subdivision 4.

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

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

(d) Fifty cents from each deer license is credited to the emergency deer feeding and
wild cervidae health management account and is appropriated for emergency deer feeding
and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended. deleted text beginThe commissioner must
inform the legislative chairs of the natural resources finance committees every two years
on how the money for emergency deer feeding and wild cervidae health management
has been spent.
deleted text end

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

Sec. 22.

Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding
a subdivision to read:


new text begin Subd. 7. new text end

new text begin Wolf licenses; account established. new text end

new text begin (a) For purposes of this subdivision,
"wolf license" means a license or permit issued under section 97A.475, subdivision 2,
clause (16); 3, paragraph (a), clause (13); or 20, paragraph (b).
new text end

new text begin (b) A wolf management and monitoring account is created in the game and fish fund.
Revenue from wolf licenses must be credited to the wolf management and monitoring
account and is appropriated to the commissioner only for wolf management, research,
damage control, enforcement, and education.
new text end

Sec. 23.

Minnesota Statutes 2010, section 97A.085, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Vacating refuges open to hunting. new text end

new text begin Notwithstanding subdivision 8, the
commissioner may vacate a state game refuge by publishing a notice in the State Register
if the refuge has been open to trapping and hunting small game including waterfowl, deer
or bear by archery, and deer or bear by firearms for at least five years.
new text end

Sec. 24.

Minnesota Statutes 2010, section 97A.095, subdivision 1, is amended to read:


Subdivision 1.

Migratory waterfowl sanctuary.

The commissioner may designate
by rule any part of a state game refuge or any part of a public water that is designated for
management purposes under section 97A.101, subdivision 2, as a migratory waterfowl
sanctuary deleted text beginif there is presented to the commissioner a petition signed by ten resident
licensed hunters describing an area that is primarily a migratory waterfowl refuge
deleted text end. new text beginThe
commissioner must consider an area for designation upon presentation of a petition
signed by at least ten residents demonstrating that the area is primarily a migratory
waterfowl refuge.
new text endThe commissioner shall post the area as a migratory waterfowl
sanctuary. A person may not enter a posted migratory waterfowl sanctuary during the open
migratory waterfowl season new text beginor during other times prescribed by the commissioner new text endunless
accompanied by or under a permit issued by a conservation officer or wildlife manager.
Upon a request from a private landowner within a migratory waterfowl sanctuary, an
annual permit must be issued to provide access to the property during the waterfowl
season. The permit shall include conditions that allow no activity which would disturb
waterfowl using the refuge during the waterfowl season.

Sec. 25.

Minnesota Statutes 2010, section 97A.095, subdivision 2, is amended to read:


Subd. 2.

Waterfowl feeding and resting areas.

The commissioner may, by rule,
designate any part of a lake as a migratory feeding and resting areanew text begin if there is adequate,
free public access to the area
new text end. Before designation, the commissioner must deleted text beginreceive a
petition signed by at least ten local resident licensed hunters describing the area of a lake
that is a substantial feeding or resting area for migratory waterfowl, and find that the
statements in the petition are correct, and that adequate, free public access to the lake
exists near the designated area
deleted text endnew text begin describe the area in a public notice and receive public
comments for 30 days. The commissioner must consider an area for designation upon
presentation of a petition signed by at least ten residents demonstrating that the area is a
substantial feeding or resting area for migratory waterfowl
new text end. The commissioner shall
post the area as a migratory waterfowl feeding and resting area. Except as authorized in
rules adopted by the commissioner, a person may not enter a posted migratory waterfowl
feeding and resting area, during a period when hunting of migratory waterfowl is allowed,
with watercraft or aircraft propelled by a motor, other than an electric motor with battery
power of 12 volts or less. The commissioner may, by rule, further restrict the use of
electric motors in migratory waterfowl feeding and resting areas.

Sec. 26.

new text begin [97A.126] WALK-IN ACCESS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A walk-in access program is established to provide
public access to wildlife habitat on private land for hunting, excluding trapping, as
provided under this section. The commissioner may enter into agreements with other units
of government and landowners to provide private land hunting access.
new text end

new text begin Subd. 2. new text end

new text begin Use of enrolled lands. new text end

new text begin (a) From September 1 to May 31, a person must
have a walk-in access hunter validation in possession to hunt on private lands, including
agricultural lands, that are posted as being enrolled in the walk-in access program.
new text end

new text begin (b) Hunting on private lands that are posted as enrolled in the walk-in access
program is allowed from one-half hour before sunrise to one-half hour after sunset.
new text end

new text begin (c) Hunter access on private lands that are posted as enrolled in the walk-in access
program is restricted to nonmotorized use, except by hunters with disabilities operating
motor vehicles on established trails or field roads who possess a valid permit to shoot from
a stationary vehicle under section 97B.055, subdivision 3.
new text end

new text begin (d) The general provisions for use of wildlife management areas adopted under
sections 86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of
motorboats, firearms and target shooting, hunting stands, abandonment of trash and
property, destruction or removal of property, introduction of plants or animals, and animal
trespass, apply to hunters on lands enrolled in the walk-in access program.
new text end

new text begin (e) Any use of enrolled lands other than hunting according to this section is
prohibited, including:
new text end

new text begin (1) harvesting bait, including minnows, leeches, and other live bait;
new text end

new text begin (2) training dogs or using dogs for activities other than hunting; and
new text end

new text begin (3) constructing or maintaining any building, dock, fence, billboard, sign, hunting
blind, or other structure, unless constructed or maintained by the landowner.
new text end

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt rules to implement this section.
new text end

Sec. 27.

Minnesota Statutes 2010, section 97A.137, subdivision 5, is amended to read:


Subd. 5.

Portable stands.

Prior to the Saturday on or nearest September 16, a
portable stand may be left overnight in a wildlife management area by a person with a
valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged
and registered as prescribed under section 97B.425. Any person leaving a portable stand
overnight under this subdivision must affix new text begina tag with: (1) new text endthe person's name and addressnew text begin;
(2) the licensee's driver's license number; or (3) the "MDNR#" license identification
number issued to the licensee. The tag must be affixed
new text end to the stand in deleted text beginsuchdeleted text end a manner that
it can be read from the ground.

Sec. 28.

Minnesota Statutes 2010, section 97A.405, subdivision 4, is amended to read:


Subd. 4.

Replacement new text begindeer new text endlicenses.

(a) The commissioner may permit licensed
deer hunters to change zone, license, or season options. The commissioner may issue a
replacement new text begindeer new text endlicense if the applicant submits the original deer license and unused tags
that are being replaced and the applicant pays any increase in cost between the original
and the replacement new text begindeer new text endlicense. A refund of the difference in fees may be issued when a
person changes from a regular deer license to a youth deer license.

(b) A replacement new text begindeer new text endlicense may be issued only if the applicant has not used any
tag from the original new text begindeer new text endlicense or licenses and meets the conditions of paragraph (c).
The original new text begindeer new text endlicense or licenses and all unused tags for the new text begindeer new text endlicenses being replaced
must be submitted to the issuing agent at the time the replacement new text begindeer new text endlicense is issued.

(c) A replacement new text begindeer new text endlicense may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:

(1) when the season for the new text begindeer new text endlicense being surrendered has not yet opened; or

(2) when the person is changing from a regular deer license to a youth deer license.

(d) Notwithstanding section 97A.411, subdivision 3, a replacement new text begindeer new text endlicense is
valid immediately upon issuance if the new text begindeer new text endlicense being surrendered is valid at that time.

Sec. 29.

Minnesota Statutes 2010, section 97A.405, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Replacement turkey licenses. new text end

new text begin (a) The commissioner may permit
licensed turkey hunters to change permit areas or time periods within the fall turkey
season, or within the spring turkey season. The commissioner may issue a replacement
turkey license if the applicant submits the original turkey license and unused tags that are
being replaced, and the applicant pays the fee for a replacement license under section
97A.475, subdivision 44.
new text end

new text begin (b) A replacement turkey license may be issued only if the applicant has not used
the tag from the original turkey license and meets the requirements of paragraph (c). The
original turkey licenses and all unused tags for the turkey licenses being replaced must be
submitted to the issuing agent at the time the replacement turkey license is issued.
new text end

new text begin (c) A turkey replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:
new text end

new text begin (1) when the permit area or time period for the turkey license being surrendered
has not yet opened; and
new text end

new text begin (2) licenses are available for the replacement turkey license permit area or time
period for (i) areas that are not lottery areas, (ii) lottery areas that have remaining licenses,
or (iii) the applicant is a youth hunter age 17 or younger.
new text end

Sec. 30.

Minnesota Statutes 2010, section 97A.421, subdivision 3, is amended to read:


Subd. 3.

Issuance of a big game license after conviction.

new text begin(a) new text endA person may not
obtain any big game license or take big game under a lifetime license, issued under section
97A.473, for three years after the person is convicted of:

(1) a gross misdemeanor violation under the game and fish laws relating to big game;

(2) doing an act without a required big game license; or

(3) the second violation within three years under the game and fish laws relating to
big game.

new text begin (b) A person may not obtain any deer license or take deer under a lifetime license
issued under section 97A.473 for one year after the person is convicted of hunting deer
with the aid or use of bait under section 97B.328.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), a person may not obtain any big game
license or take big game under a lifetime license issued under section 97A.473 for five
years after the person is convicted of any violation involving taking a deer that is a trophy
deer scoring higher than 170 using the scoring method established for wildlife restitution
values adopted under section 97A.345.
new text end

Sec. 31.

Minnesota Statutes 2010, section 97A.441, subdivision 7, is amended to read:


Subd. 7.

Owners or tenants of agricultural land.

(a) The commissioner may
issue, without a fee, a license to take an antlerless deer to a resident who is an owner or
tenant, or a nonresident who is an owner, of at least 80 acres of agricultural land, as
defined in section 97B.001, in deer permit areas that deleted text beginhave deer archery licenses to take
additional deer under section 97B.301, subdivision 4
deleted text endnew text begin allow the taking of antlerless deer
without a lottery application
new text end. A person may receive only one license per year under this
subdivision. For properties with co-owners or cotenants, only one co-owner or cotenant
may receive a license under this subdivision per year. The license issued under this
subdivision is restricted to land leased for agricultural purposes or owned by the holder of
the license within the permit area where the qualifying land is located. The holder of the
license may transfer the license to the holder's spouse or dependent.new text begin Deer taken under this
subdivision do not count towards the total bag limit for the permit area.
new text end Notwithstanding
sections 97A.415, subdivision 1, and 97B.301, subdivision 2, the holder of the license
may purchase deleted text beginandeleted text end additional deleted text beginlicensedeleted text endnew text begin licenses or permitsnew text end for taking deer and may take deleted text beginandeleted text end
additional deer under deleted text beginthat licensedeleted text endnew text begin those licenses or permits, provided the holder adheres to
the bag limits established for that permit area
new text end.

(b) A person who obtains a license under paragraph (a) must allow public deer
hunting on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license issued under
section 97A.475, subdivision 2, clause (5).

Sec. 32.

Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:


Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 must
obtain a small game license in order to take small game by firearms or bow and arrow
without paying the applicable fees under section 97A.475, subdivisions 2, 4, and 5, if
the resident is:

(1) age 14 or 15 and possesses a firearms safety certificate;

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;

(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or

(4) age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small gamenew text begin, other than wolves,new text end by trapping
without a small game license, but a resident 13 years of age or older must have a trapping
license. A resident under age 13 may trapnew text begin small game, other than wolves,new text end without a
trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
under age five must be included in the limit of the accompanying parent or guardian.

(c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.

(d) A resident under age 12 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.

Sec. 33.

Minnesota Statutes 2010, section 97A.451, subdivision 4, is amended to read:


Subd. 4.

deleted text beginPersonsdeleted text endnew text begin Residentsnew text end under age 16; big game.

(a) A deleted text beginpersondeleted text endnew text begin residentnew text end age
12, 13, 14, or 15 may not obtain a license to take big game unless the person possesses
a firearms safety certificate. A deleted text beginpersondeleted text endnew text begin residentnew text end age 12 or 13 must be accompanied by a
parent or guardian to hunt big game.

(b) A deleted text beginpersondeleted text endnew text begin residentnew text end age 10 or 11 may take big game provided the person is under
the direct supervision of a parent or guardian where the parent or guardian is within
immediate reach. deleted text beginUntil March 1, 2009, a person age 10 or 11 may take big game under a
parent or guardian's license. Beginning March 1, 2009,
deleted text end A deleted text beginpersondeleted text endnew text begin residentnew text end age 10 or 11
must obtain a license deleted text beginin orderdeleted text end to take big game and may obtain the license without paying
the fee required under section 97A.475, subdivision 2.

Sec. 34.

Minnesota Statutes 2010, section 97A.451, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Nonresidents under age 16; big game. new text end

new text begin (a) A nonresident age 12,
13, 14, or 15 may not obtain a license to take big game unless the person possesses a
firearms safety certificate. A nonresident age 12 or 13 must be accompanied by a parent or
guardian to hunt big game.
new text end

new text begin (b) A nonresident age 10 or 11 may take big game provided the person is under the
direct supervision of a parent or guardian where the parent or guardian is within immediate
reach. A nonresident age 10 or 11 must obtain a license to take big game and must pay the
fee required under section 97A.475, subdivision 3.
new text end

Sec. 35.

Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:


Subd. 3.

Lifetime small game hunting license; fee.

(a) A resident lifetime small
game hunting license authorizes a person to hunt and trap small gamenew text begin, other than wolves,new text end
in the state. The license authorizes those hunting and trapping activities authorized by the
annual resident small game hunting deleted text beginand trapping licensesdeleted text endnew text begin license and the trapping license
for fur-bearing animals other than wolves
new text end. The license does not include a turkey stamp
validation or any other hunting stamps required by law.

(b) The fees for a resident lifetime small game hunting license are:

(1) age 3 and under, $217;

(2) age 4 to age 15, $290;

(3) age 16 to age 50, $363; and

(4) age 51 and over, $213.

Sec. 36.

Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:


Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small gamenew text begin, other than
wolves,
new text end in the state. The license authorizes those activities authorized by the annual
resident anglingdeleted text begin,deleted text endnew text begin andnew text end resident small game huntingdeleted text begin,deleted text endnew text begin licensesnew text end andnew text begin thenew text end resident trapping
deleted text begin licensesdeleted text endnew text begin license for fur-bearing animals other than wolvesnew text end. The license does not include a
trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation,
or any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, $357;

(2) age 4 to age 15, $480;

(3) age 16 to age 50, $613; and

(4) age 51 and over, $413.

Sec. 37.

Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:


Subd. 5a.

Lifetime sporting with spearing option license; fee.

(a) A resident
lifetime sporting with spearing option license authorizes a person to take fish by angling
or spearing and hunt and trap small gamenew text begin, other than wolves,new text end in the state. The license
authorizes those activities authorized by the annual resident angling, spearing,new text begin andnew text end resident
small game huntingdeleted text begin, and resident trappingdeleted text end licensesnew text begin and the resident trapping license for
fur-bearing animals other than wolves
new text end. The license does not include a trout and salmon
stamp validation, a turkey stamp validation, a walleye stamp validation, or any other
hunting stamps required by law.

(b) The fees for a resident lifetime sporting with spearing option license are:

(1) age 3 and under, $615;

(2) age 4 to age 15, $800;

(3) age 16 to age 50, $985; and

(4) age 51 and over, $586.

Sec. 38.

Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:


Subd. 2.

Resident hunting.

Fees for the following licenses, to be issued to residents
only, are:

(1) for persons age 18 or over and under age 65 to take small game, $12.50;

(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;

(3) for persons age 18 or over to take turkey, $23;

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

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

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

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

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

(9) to take bear, $38;

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

(11) to take Canada geese during a special season, $4;

(12) to take prairie chickens, $20;

(13) for persons under age 18 to take deer with firearms during the regular firearms
season, $13;

(14) for persons under age 18 to take deer by archery, $13; deleted text beginand
deleted text end

(15) for persons under age 18 to take deer by muzzleloader during the muzzleloader
season, $13new text begin; and
new text end

new text begin (16) to take wolf, $26new text end.

Sec. 39.

Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:


Subd. 3.

Nonresident hunting.

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

(1) for persons age 18 or over to take small game, $73;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $135;

(3) for persons age 18 or over to take deer by archery, $135;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135;

(5) to take bear, $195;

(6) for persons age 18 and older to take turkey, $78;

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

(8) to take raccoon or bobcat, $155;

(9) to take Canada geese during a special season, $4;

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

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

(12) for persons under age 18 to take deer during the muzzleloader season, $13new text begin; and
new text end

new text begin (13) to take wolf, $250new text end.

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (8). An additional commission may not be assessed on this
surcharge.

Sec. 40.

Minnesota Statutes 2010, section 97A.475, subdivision 3a, is amended to read:


Subd. 3a.

Deer license surcharge.

A person may agree to add a donation of $1,
$3, or $5 to the fees for annual resident and nonresident licenses to take deer by firearms
or archery established under subdivisions 2, clauses (5), (6), (7), (11), and (13), and 3,
new text begin paragraph (a), new text endclauses (2), (3), (4), and (9). Beginning March 1, 2008, fees for bonus
licenses to take deer by firearms or archery established under section 97B.301, subdivision
4
, must be increased by a surcharge of $1. An additional commission may not be assessed
on the donation or surcharge deleted text beginand the following statement must be included in the annual
deer hunting regulations: "The deer license donations and surcharges are being paid
by hunters for deer management, including assisting with the costs of processing deer
donated for charitable purposes."
deleted text endnew text begin.
new text end

Sec. 41.

Minnesota Statutes 2010, section 97A.475, subdivision 4, is amended to read:


Subd. 4.

Small game surchargenew text begin and donationnew text end.

new text begin(a) new text endFees for annual licenses to take
small game must be increased by a surcharge of $6.50. An additional commission may not
be assessed on the surcharge and the following statement must be included in the annual
small game hunting regulations: "This $6.50 surcharge is being paid by hunters for the
acquisition and development of wildlife lands."

new text begin (b) A person may agree to add a donation of $1, $3, or $5 to the fees for annual
resident and nonresident licenses to take small game. An additional commission may not
be assessed on the donation. The following statement must be included in the annual
small game hunting regulations: "The small game license donations are being paid by
hunters for administration of the walk-in access program."
new text end

Sec. 42.

Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:


Subd. 20.

Trapping deleted text beginlicensedeleted text endnew text begin licensesnew text end.

new text begin(a) new text endThe fee for a license to trap fur-bearing
animalsnew text begin, other than wolves,new text end is:

(1) for residents over age 13 and under age 18, $6;

(2) for residents age 18 or over and under age 65, $20;

(3) for residents age 65 or over, $10; and

(4) for nonresidents, $73.

new text begin (b) The fee for a license to trap wolves is $26, to be issued to residents only.
new text end

Sec. 43.

Minnesota Statutes 2010, section 97A.475, subdivision 44, is amended to read:


Subd. 44.

Replacement licenses.

The fee for a replacement deleted text beginfirearmsdeleted text end deer new text beginor turkey
new text endlicense is $5.

Sec. 44.

Minnesota Statutes 2010, section 97A.482, is amended to read:


97A.482 LICENSE APPLICATIONS; COLLECTION OF SOCIAL
SECURITY NUMBERS.

(a) All applicants for individual noncommercial game and fish licenses under this
chapter and chapters 97B and 97C must include the applicant's Social Security number
on the license application. If an applicant does not have a Social Security number, the
applicant must certify that the applicant does not have a Social Security number.

(b) The Social Security numbers collected by the commissioner on game and fish
license applications are private data under section 13.355, subdivision 1, and must be
provided by the commissioner to the commissioner of human services for child support
enforcement purposes. Title IV-D of the Social Security Act, United States Code, title 42,
section 666(a)(13), requires the collection of Social Security numbers on game and fish
license applications for child support enforcement purposes.

deleted text begin (c) The commissioners of human services and natural resources shall request a
waiver from the secretary of health and human services to exclude any applicant under the
age of 16 from the requirement under this section and under cross-country ski licensing
sections to provide the applicant's Social Security number. If a waiver is granted, this
section will be so amended effective January 1, 2006, or upon the effective date of the
waiver, whichever is later.
deleted text end

Sec. 45.

Minnesota Statutes 2010, section 97B.001, subdivision 7, is amended to read:


Subd. 7.

Taking with firearms in certain areas.

(a) A person may not take a wild
animal with a firearm within 500 feet of a building occupied by a human or livestock
without the written permission of the owner, occupant, or lessee:

(1) on another person's private landnew text begin, if the land is not a licensed shooting preservenew text end; or

(2) on a public right-of-way.

(b) deleted text beginAdeleted text endnew text begin Nonew text end person may deleted text beginnot take a wild animal withdeleted text endnew text begin shootnew text end a firearm without the
permission of the owner, occupant, or lessee, within 500 feet of a stockade or corral
containing livestock.new text begin For the purposes of this paragraph, a "stockade or corral" means
a fenced enclosure for containing livestock that does not enclose an area greater than
one acre.
new text end

(c) A person may not take a wild animal on any land where the person is prohibited
from entering by this section.

Sec. 46.

Minnesota Statutes 2010, section 97B.031, subdivision 1, is amended to read:


Subdivision 1.

Firearms and ammunition that may be used to take big gamenew text begin
and wolves
new text end.

A person may take big gamenew text begin and wolvesnew text end with a firearm only if:

(1) the rifle, shotgun, and handgun used is a caliber of at least .22 inches and with
centerfire ignition;

(2) the firearm is loaded only with single projectile ammunition;

(3) a projectile used is a caliber of at least .22 inches and has a soft point or is
an expanding bullet type;

(4) the muzzleloader used is incapable of being loaded at the breech;

(5) the smooth-bore muzzleloader used is a caliber of at least .45 inches; and

(6) the rifled muzzleloader used is a caliber of at least .40 inches.

Sec. 47.

Minnesota Statutes 2010, section 97B.031, subdivision 2, is amended to read:


Subd. 2.

Handguns for small game.

A person may take small game with a handgun
of any caliber in a manner prescribed by the commissionernew text begin, except that wolves may only
be taken by hunting with the calibers specified in subdivision 1
new text end.

Sec. 48.

Minnesota Statutes 2010, section 97B.035, subdivision 1a, is amended to read:


Subd. 1a.

Minimum draw weight.

A bow used to take big game deleted text beginordeleted text endnew text begin,new text end turkeynew text begin, or
wolves
new text end must have a pull that meets or exceeds 30 pounds at or before full draw.

Sec. 49.

new text begin [97B.063] HUNTER SATISFACTION SURVEY.
new text end

new text begin The commissioner shall administer a hunter satisfaction survey through the
department's Web site, to be completed online by licensed hunters at the end of each
season. The commissioner shall provide the survey Web address on each hunting license.
new text end

Sec. 50.

Minnesota Statutes 2010, section 97B.071, is amended to read:


97B.071 BLAZE ORANGE REQUIREMENTS.

(a) Except as provided in rules adopted under paragraph (c), a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage
pattern of at least 50 percent blaze orange within each foot square. This section does not
apply to migratory waterfowl hunters on waters of this state or in a stationary shooting
location or to trappers on waters of this state.

(b) Except as provided in rules adopted under paragraph (c), and in addition to
the requirement in paragraph (a), a person may not take small game other than turkey,
migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
at least one article of the person's clothing above the waist is blaze orange. This paragraph
does not apply to a personnew text begin when in a stationary location while hunting deer by archery
or when
new text end huntingnew text begin small gamenew text end by falconry.

(c) The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.

(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
by a safety warning.

Sec. 51.

Minnesota Statutes 2011 Supplement, section 97B.075, is amended to read:


97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.

(a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.

(b) Big gamenew text begin and wolvesnew text end may be taken from one-half hour before sunrise until
one-half hour after sunset.

(c) Except as otherwise prescribed by the commissioner on or before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner.

Sec. 52.

Minnesota Statutes 2010, section 97B.085, subdivision 3, is amended to read:


Subd. 3.

Communication excepted.

This section does not prohibit the use of:

(1) deleted text beginone-waydeleted text end radio communication between a handler and a dog; deleted text beginor
deleted text end

(2) a remote-controlled animal noise caller for taking crows, fur-bearing animals,
and unprotected animalsnew text begin; or
new text end

new text begin (3) a remote-controlled motorized decoy used for taking migratory waterfowl under
section 97B.811, subdivision 4a, or for taking mourning doves
new text end.

Sec. 53.

new text begin [97B.1115] USE OF MECHANICAL OR ELECTRONIC ASSISTANCE
TO HOLD AND DISCHARGE FIREARMS OR BOWS BY PHYSICALLY
DISABLED.
new text end

new text begin Notwithstanding sections 97B.035, subdivision 1, 97B.321, and 97B.701,
subdivision 2, the commissioner may authorize a physically disabled hunter who has a
verified statement of the disability from a licensed physician or a certified nurse practitioner
or certified physician assistant acting under the direction of a licensed physician to use
a swivel or otherwise mounted gun or bow or any electronic or mechanical device to
discharge a firearm or bow as long as the participant is physically present at the site.
new text end

Sec. 54.

Minnesota Statutes 2010, section 97B.328, is amended to read:


97B.328 BAITING PROHIBITED.

Subdivision 1.

Hunting with aid of bait deleted text beginor feeddeleted text end prohibited.

A person may not
deleted text begin huntdeleted text endnew text begin takenew text end deerdeleted text begin:
deleted text end

deleted text begin (1)deleted text end with the aid or use of bait deleted text beginor feed; ordeleted text endnew text begin.
new text end

deleted text begin (2) in the vicinity of bait or feed if the person knows or has reason to know that bait
or feed is present.
deleted text end

Subd. 2.

Removal of bait.

An area is considered baited for ten days after the
complete removal of all bait deleted text beginor feeddeleted text end.

Subd. 3.

Definition.

new text begin(a) new text endFor purposes of this section, "bait deleted text beginor feeddeleted text end" includes grains,
fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer
and that has been placed by a person.new text begin "Baiting" means placing, exposing, depositing,
distributing, or scattering bait that is capable of attracting or enticing deer.
new text end

new text begin (b) new text endLiquid scents, salt, and minerals are not bait deleted text beginor feeddeleted text endnew text begin if they do not contain liquid
or solid food ingredients
new text end.

deleted text begin Food that has not been placed by a person and resultingdeleted text endnew text begin (c) Agricultural cropsnew text end
from normal or accepted farming, forest management, wildlife food plantings, orchard
management, or other similar land management activities deleted text beginisdeleted text endnew text begin arenew text end not bait deleted text beginor feeddeleted text end.new text begin
This exclusion does not apply to agricultural crops that have been re-introduced and
concentrated where a person is hunting.
new text end

Subd. 4.

Exception for bait or feed on adjacent land.

A person otherwise in
compliance with this section who is hunting on private or public property that is adjacent
to property where bait or deleted text beginfeeddeleted text endnew text begin foodnew text end is present is not in violation of this section if the
person has not participated in, been involved with, or agreed to baiting or feeding wildlife
on the adjacent property.

Sec. 55.

Minnesota Statutes 2010, section 97B.601, subdivision 3a, is amended to read:


Subd. 3a.

Nonresidents; trapping small game.

A nonresident may take small
gamenew text begin, except wolves,new text end by trapping only on land owned by the nonresident, if the
nonresident possesses a trapping licensenew text begin for fur-bearing animals other than wolvesnew text end and a
small game license.

Sec. 56.

Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:


Subd. 4.

Exception to license requirements.

(a) A resident under age 16 may take
small gamenew text begin, other than wolves,new text end without a small game license, and a resident under age
13 may trapnew text begin small game and fur-bearing animals, other than wolves,new text end without a trapping
license, as provided in section 97A.451, subdivision 3.

(b) A person may take small gamenew text begin, other than wolves,new text end without a small game license
on land occupied by the person as a principal residence.

(c) An owner or occupant may take certain small game causing damage without a
small game or trapping license as provided in section 97B.655.

(d) A person may use dogs to pursue and tree raccoons under section 97B.621,
subdivision 2
, during the closed season without a license.

(e) A person may take a new text beginwolf, new text endturkeynew text begin,new text end or deleted text beginadeleted text end prairie chicken without a small game
license.

Sec. 57.

Minnesota Statutes 2010, section 97B.603, is amended to read:


97B.603 TAKING SMALL GAME AS A PARTY.

new text begin (a) new text endWhile two or more persons are taking small game as a party and maintaining
unaided visual and vocal contact, a member of the party may take and possess more than
one limit of small game, but the total number of small game taken and possessed by
the party may not exceed the limit of the number of persons in the party that may take
and possess small game.

new text begin (b) new text endThis section does not apply to deleted text beginthedeleted text end hunting deleted text beginofdeleted text endnew text begin wolves,new text end migratory game birdsnew text begin,new text end or
turkeys, except that a licensed turkey hunter may assist another licensed turkey hunternew text begin and
a licensed wolf hunter may assist another licensed wolf hunter
new text end for the same zone and time
period as long as the hunter does not shoot or tag a turkeynew text begin or wolfnew text end for the other hunter.

Sec. 58.

Minnesota Statutes 2010, section 97B.605, is amended to read:


97B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
SMALL GAME ANIMALS.

The commissioner may prescribe restrictions on and designate areas where gray and
fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray
fox, fisher, pine marten, opossum,new text begin wolves,new text end and badger may be taken and possessed.

Sec. 59.

Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is
amended to read:


Subd. 9.

Open season.

There shall be no open season for deleted text begingraydeleted text end wolves until after the
deleted text begin graydeleted text end wolf is delisted under the federal Endangered Species Act of 1973. After that time,
the commissioner may prescribe open seasons and restrictions for taking deleted text begingraydeleted text end wolves but
must provide opportunity for public comment.

Sec. 60.

new text begin [97B.647] TAKING WOLVES.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin Except as provided under section 97B.645 or
97B.671, a person may not take a wolf without a wolf hunting or wolf trapping license.
new text end

new text begin Subd. 2. new text end

new text begin Open seasons. new text end

new text begin Wolves may be taken with legal firearms, with bow and
arrow, and by trapping. The open season to take wolves with firearms begins each year on
the same day as the opening of the firearms deer hunting season. The commissioner may
by rule prescribe the open seasons for wolves according to this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Open areas. new text end

new text begin The commissioner may by rule designate areas where wolves
may be taken.
new text end

new text begin Subd. 4. new text end

new text begin Bag limit. new text end

new text begin The commissioner may establish by rule the bag limit for
wolves.
new text end

new text begin Subd. 5. new text end

new text begin Limit on number of hunters and trappers. new text end

new text begin The commissioner may by
rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary
to prevent an overharvest or improve the distribution of hunters and trappers. The
commissioner shall establish a method, including a drawing, to impartially select the
hunters and trappers for an area.
new text end

new text begin Subd. 6. new text end

new text begin Application for license. new text end

new text begin An application for a wolf hunting or wolf trapping
license must be made in a manner provided by the commissioner and accompanied by a
$4 application fee and proof that the applicant holds a current Minnesota hunting license.
The $4 application fee shall be credited to the wolf management and monitoring account
and appropriated to the commissioner to pay for costs associated with conducting the wolf
license drawing and wolf management. A person may not make more than one application
for each season as prescribed by the commissioner. If a person makes more than one
application, the person is ineligible for a license for that season after determination by the
commissioner, without a hearing.
new text end

new text begin Subd. 7. new text end

new text begin Quotas. new text end

new text begin The commissioner may by rule set an annual quota for the number
of wolves that can be taken by hunting and trapping. The commissioner may establish a
method to monitor harvest and close the season when the quota is reached.
new text end

Sec. 61.

Minnesota Statutes 2011 Supplement, section 97B.667, is amended to read:


97B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
ROAD AUTHORITIESnew text begin AND LOCAL GOVERNMENT UNITSnew text end.

new text begin Subdivision 1. new text end

new text begin Road authorities. new text end

new text begin(a) new text endWhen a drainage watercourse is impaired
by a beaver dam and the water damages or threatens to damage a public road, the road
authority, as defined in section 160.02, subdivision 25, may remove the impairment and
any associated beaver lodge within 300 feet of the road. deleted text beginNotwithstanding any law to the
contrary,
deleted text end

new text begin (b)new text end The road authority may kill deleted text beginordeleted text endnew text begin beaver associated with the lodge or damage in any
manner, except by poison or artificial lights.
new text end

new text begin (c) The road authority maynew text end arrange to have killed deleted text beginbydeleted text end any deleted text beginlawful means adeleted text end beaver
associated with the lodgenew text begin by trapping through a third-party, contract, or under subdivision
4
new text end.

new text begin Subd. 2. new text end

new text begin Local government units. new text end

new text begin (a) Local government units may, as provided
in this section, kill or arrange to have killed beaver that are causing damage, including
silvicultural projects and drainage ditches, on property owned or managed by the local
government unit. Removal or destruction of any associated beaver lodge is subject to
section 97A.401, subdivision 5.
new text end

new text begin (b) The local government unit may kill beaver associated with the lodge or damage
in any manner, except by poison or artificial lights.
new text end

new text begin (c) The local government unit may arrange to have killed any beaver associated with
the lodge or damage by trapping through a third-party, contract, or under subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Permits and notice; requirements. new text end

new text begin(a) new text endBefore killing or arranging to kill
a beaver under this section, the road authority new text beginor local government unit new text endmust contact a
conservation officer for a special beaver permit. The conservation officer must issue the
permit for any beaver subject to this section.

new text begin (b) new text endA road authority new text beginor local government unit new text endthat kills or arranges to have killed a
beaver under this section must notify a conservation officer or deleted text beginthe officer's designee as
specified in the permit
deleted text endnew text begin employee of the Wildlife Divisionnew text end within ten days after the animal
is killed.

new text begin Subd. 4. new text end

new text begin Local beaver control programs. new text end

A road authority new text beginor local government
unit
new text endmay, after consultation with the Wildlife Division deleted text beginand the Board of Water and Soil
Resources
deleted text end, implement a local beaver control program designed to reduce the number of
incidents of beavernew text begin:
new text end

new text begin (1)new text end interfering with or damaging a public roadnew text begin; or
new text end

new text begin (2) causing damage, including silvicultural projects and drainage ditches, on
property owned or managed by the local government unit
new text end.

The local control program may include the offering of a bounty for the lawful taking
of beaver.

Sec. 62.

Minnesota Statutes 2010, section 97B.671, subdivision 3, is amended to read:


Subd. 3.

Predator control payments.

The commissioner shall pay a predator
controller the amount the commissioner deleted text beginprescribesdeleted text endnew text begin determines by written order published
in the State Register
new text end for each deleted text beginpredatordeleted text endnew text begin coyote and foxnew text end taken. deleted text beginThe commissioner shall pay
at least $25 but not more than $60 for each coyote taken.
deleted text end The commissioner may require
the predator controller to submit proof of the taking and a signed statement concerning
the predators taken.new text begin The fees are not subject to the rulemaking provisions of chapter 14,
and section 14.386 does not apply.
new text end

Sec. 63.

Minnesota Statutes 2010, section 97B.671, subdivision 4, is amended to read:


Subd. 4.

deleted text beginGraydeleted text end Wolf control.

(a) The commissioner shall provide a deleted text begingraydeleted text end wolf control
training program for certified predator controllers participating in deleted text begingraydeleted text end wolf control.

(b) After the deleted text begingraydeleted text end wolf is delisted under the federal Endangered Species Act of
1973, in zone B, as defined under section 97B.645, subdivision 12, if the commissioner,
after considering recommendations from an extension agent or conservation officer, has
verified that livestock, domestic animals, or pets were destroyed by a deleted text begingraydeleted text end wolf within the
previous five years, and if the livestock, domestic animal, or pet owner requests deleted text begingraydeleted text end wolf
control, the commissioner shall open a predator control area for deleted text begingraydeleted text end wolves.

(c) After the deleted text begingraydeleted text end wolf is delisted under the federal Endangered Species Act of
1973, in zone A, as defined under paragraph (g), if the commissioner, after considering
recommendations from an extension agent or conservation officer, verifies that livestock,
domestic animals, or pets were destroyed by a deleted text begingraydeleted text end wolf, and if the livestock, domestic
animal, or pet owner requests deleted text begingraydeleted text end wolf control, the commissioner shall open a predator
control area for deleted text begingraydeleted text end wolves for up to 60 days.

(d) A predator control area opened for deleted text begingraydeleted text end wolves may not exceed a one-mile
radius surrounding the damage site.

(e) The commissioner shall pay a certified deleted text begingraydeleted text end wolf predator controller deleted text begin$150deleted text endnew text begin the
amount the commissioner determines by written order published in the State Register
new text end for
each wolf taken. The certified deleted text begingraydeleted text end wolf predator controller must dispose of unsalvageable
remains as directed by the commissioner. All salvageable deleted text begingraydeleted text end wolf remains must be
surrendered to the commissioner.new text begin The fees are not subject to the rulemaking provisions of
chapter 14, and section 14.386 does not apply.
new text end

(f) The commissioner may, in consultation with the commissioner of agriculture,
develop a cooperative agreement for deleted text begingraydeleted text end wolf control activities with the United States
Department of Agriculture. The cooperative agreement activities may include, but not be
limited to, deleted text begingraydeleted text end wolf control, training for state predator controllers, and control monitoring
and record keeping.

(g) For the purposes of this subdivision, "zone A" means that portion of the state
lying outside of zone B, as defined under section 97B.645, subdivision 12.

Sec. 64.

Minnesota Statutes 2010, section 97B.711, subdivision 1, is amended to read:


Subdivision 1.

Seasons for certain upland game birds.

(a) The commissioner
may, by rule, prescribe an open season in designated areas between September 16 and
January 3 for:

(1) pheasant;

(2) ruffed grouse;

(3) sharp tailed grouse;

(4) Canada spruce grouse;

(5) prairie chicken;

(6) gray partridge;

(7) bobwhite quail; and

(8) turkey.

(b) The commissioner may by rule prescribe an open season for turkey in the spring.

deleted text begin (c) The commissioner shall allow a four-week fall season for turkey in the area
designated as turkey permit area 601 as of the 2008 season. All applicable local and state
regulations apply.
deleted text end

Sec. 65.

Minnesota Statutes 2010, section 97B.805, subdivision 1, is amended to read:


Subdivision 1.

Hunter must be concealed.

(a) A person may not take migratory
waterfowl, coots, or rails in open water unless the person is:

(1) within a natural growth of vegetation sufficient to partially conceal the person or
boat;

(2) on a river or stream that is not more than 100 yards in width; deleted text beginor
deleted text end

(3) pursuing or shooting wounded birdsnew text begin; or
new text end

new text begin (4) in areas specifically designated for such taking by the commissioner by rulenew text end.

(b) A person may not take migratory waterfowl, coots, or rails in public waters from
a permanent artificial blind or sink box.

Sec. 66.

Minnesota Statutes 2010, section 97B.901, is amended to read:


97B.901 REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.

(a) The commissioner may, by rule, require persons taking, possessing, and
transporting fur-bearing animals to tag the animals. The commissioner shall prescribe
the manner of issuance and the type of tag, which must show the year of issuance. The
commissioner shall issue the tag, without a fee, upon request.

(b) The pelt of each bobcat, fisher, pine marten, deleted text beginanddeleted text end otternew text begin, and wolfnew text end must be
presented, by the person taking it, to a state wildlife manager designee for registration
before the pelt is sold and before the pelt is transported out of the state, but in no event
more than 48 hours after the season closes for the species.

new text begin (c) The whole carcass of each wolf, with the pelt removed, must be presented by the
person taking it to a state wildlife manager designee for registration before the pelt is sold
and before the pelt is transported out of the state, but in no event more than 48 hours after
the season closes. The commissioner may require that the entire carcass or samples from
the carcass be surrendered to the state wildlife manager designee.
new text end

Sec. 67.

new text begin [97B.903] USE OF BODY-GRIPPING TRAPS.
new text end

new text begin A person may not set, place, or operate, except as a waterset, a body-gripping or
conibear-type trap on public lands and waters that has a maximum jaw opening when set
greater than six and one-half inches and less than 7-1/2 inches measured from the inside
edges of the body-gripping portions of the jaws, unless:
new text end

new text begin (1) the trap is in a baited or unbaited enclosure and the trap trigger is recessed seven
inches or more from the top and frontmost portion of the open end of the enclosure;
new text end

new text begin (2) no bait, lure, or other attractant is placed within 20 feet of the trap; or
new text end

new text begin (3) the trap is elevated at least three feet above the surface of the ground.
new text end

Sec. 68.

Minnesota Statutes 2010, section 97C.355, subdivision 1, is amended to read:


Subdivision 1.

Identification required.

All shelters on the ice of state waters,
new text begin except portable shelters under subdivision 2a but new text endincluding dark houses and fish houses,
must have: (1) the owner's name and address, (2) the owner's driver's license number, or
(3) the "MDNR#" license identification number issued to the owner legibly displayed on
the exterior with characters at least two inches high.

Sec. 69.

Minnesota Statutes 2010, section 97C.355, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Portable shelters. new text end

new text begin A person using a portable shelter that is not licensed
under subdivision 2 must remain within 200 feet of the shelter while the shelter is on the
ice of state waters.
new text end

Sec. 70.

Minnesota Statutes 2010, section 97C.395, subdivision 1, is amended to read:


Subdivision 1.

Dates for certain species.

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

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

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

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

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

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

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

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

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

Sec. 71.

Minnesota Statutes 2010, section 97C.515, subdivision 2, is amended to read:


Subd. 2.

Permit for transportation.

(a) A person may transportnew text begin livenew text end minnows
through the state with a permit from the commissioner. The permit must state the name
and address of the person, the number and species of minnows, the point of entry into the
state, the destination, and the route through the state. The permit is not valid for more
than 12 hours after it is issued.

new text begin (b) Minnows transported under this subdivision must be in a tagged container. The
tag number must correspond with tag numbers listed on the minnow transportation permit.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end The commissioner may require the person transporting minnow species found
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services, to
provide health certification for viral hemorrhagic septicemia deleted text beginor other certifiable diseasesdeleted text end.
deleted text begin For certifiable diseases not currently documented in Minnesota,deleted text end The certificationnew text begin must
disclose any incidentally isolated replicating viruses, and
new text end must be dated within the 12
months preceding transport.

Sec. 72.

Minnesota Statutes 2010, section 97C.515, subdivision 4, is amended to read:


Subd. 4.

Private fish hatchery or aquatic farm.

deleted text begin (a) A person with a private fish
hatchery or aquatic farm license may transport minnows with a transportation permit from
contiguous states to the private fish hatchery or aquatic farm, provided the minnows are
used for processing or feeding hatchery fish.
deleted text end

deleted text begin (b) The commissioner may require inspection of minnows and disease certification
for species on the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, that are being transported from outside the state.
deleted text end

deleted text begin (c) The commissioner may approve the import of minnows into areas or waters
where certifiable diseases have been identified as being present.
deleted text end

new text begin Live minnows used for feeding fish at a licensed private fish hatchery or aquatic
farm must be obtained within the state. Dead minnows may be imported for feeding
hatchery or aquatic farm fish according to section 97C.341, paragraph (d).
new text end

Sec. 73.

Minnesota Statutes 2010, section 97C.515, subdivision 5, is amended to read:


Subd. 5.

Special permits.

(a) The commissioner may issue a special permit, without
a fee, to allow a person with a private fish hatchery licensenew text begin, which private fish hatchery
has been designated as a containment facility under section 17.4982, subdivision 8,
new text end to
importnew text begin livenew text end minnows from other states for export. deleted text beginA permit under this subdivision is not
required for importation authorized under subdivision 4.
deleted text endnew text begin A containment facility for the
purposes of this section applies to live minnows imported for later export and does not
need to comply with section 17.4982, subdivision 8, clause (4). The permit shall include
conditions necessary to avoid spreading aquatic invasive species and fish pathogens.
Permits shall not be issued to containment facilities located within a 25-year floodplain.
new text end

new text begin (b) Transport under this subdivision must occur in a container that has been tagged
upon entering the state and upon leaving the approved facility. Tag numbers must be listed
on both the bill of lading used for transport and on the records required in paragraph
(e). Water used for transport must be groundwater or well water, not surface water. The
permittee must notify Department of Natural Resources enforcement at least 12 hours
prior to exercising an import for later export permit. The following paperwork must
accompany the shipment:
new text end

new text begin (1) a valid import for later export permit; and
new text end

new text begin (2) a valid fish health certification from the source waterbody showing no record of
viral hemorrhagic septicemia, or any other isolated replicating virus, for species on the
official list of viral hemorrhagic septicemia susceptible species published by the United
States Department of Agriculture, Animal and Plant Health Inspection Services.
new text end

new text begin (c) Live minnows imported under this subdivision may only be approved for holding
in indoor tanks, raceways, or rearing troughs listed on a private fish hatchery license under
section 17.4984, subdivision 2, which do not discharge directly into waters of the state,
and may not be sold live within Minnesota. Imported minnows must be kept separate
from minnows originating in Minnesota.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end An applicant for a permit under this subdivision shall submit to the
commissioner sufficient information to identify potential threats to native plant and animal
species and an evaluation of the feasibility of the proposal. The permit may include
reasonable restrictions on importation, transportation, possession, containment, disease
certification, and disposal of minnows to ensure that native species are protected. The
permit may have a term of up to two years and may be modified, suspended, or revoked by
the commissioner for cause, including violation of a condition of the permit.

new text begin (e) A commercial licensee importing live minnows under this subdivision must
maintain records on forms provided by the commissioner for each load of minnows
imported and later exported. The records must include the number and species of minnows
imported and subsequently exported, the dates of import and export, and other information
as specified on the reporting form. The commercial licensee must enter required records
onto forms within 24 hours of import and export, and must retain records for three years
following the year of creation. All records required to be retained must be open to
inspection by the commissioner at any reasonable time. Copies of the records shall be
submitted to the commissioner each month even if no live minnow import or export
activity took place.
new text end

new text begin (f) The premises, property, vehicles, private aquatic life, and equipment that are part
of a containment facility permitted under this subdivision are subject to reasonable and
necessary inspections at reasonable times by a person delegated by the commissioner. The
owner, operator, or designee may be present when inspections are conducted. During the
inspection, a representative sample of imported minnows may be collected for the purpose
of fish pathogen or invasive species screening.
new text end

new text begin (g) The commissioner may require the applicant to furnish evidence of financial
responsibility in the form of a surety bond or other financial assurance payable to
the commissioner in the amount of $1,000,000 should the permittee be convicted of
introducing an invasive species or pathogen into waters of the state.
new text end

Sec. 74.

Minnesota Statutes 2010, section 103G.005, is amended by adding a
subdivision to read:


new text begin Subd. 11a. new text end

new text begin Shallow lake. new text end

new text begin "Shallow lake" means a body of water, excluding a
stream, that is greater than or equal to 50 acres in size and less than or equal to 15 feet
in maximum depth.
new text end

Sec. 75.

Minnesota Statutes 2010, section 103G.408, is amended to read:


103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.

(a) The commissioner, upon consideration of recommendations and objections as
provided in clause deleted text begin(4)deleted text endnew text begin (2), item (iii),new text end and paragraph (c), may issue a public waters work
permit for the temporary drawdown of a public water when:

new text begin (1) the public water is a shallow lake to be managed for fish, wildlife, or ecological
purposes by the commissioner and the commissioner has conducted a public hearing
presenting a comprehensive management plan outlining how and when temporary
drawdowns under this section will be conducted; or
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end the permit applicant is a public entitydeleted text begin;deleted text endnew text begin and:
new text end

deleted text begin (2)deleted text end new text begin(i) new text endthe commissioner deems the project to be beneficial and makes findings of
fact that the drawdown is in the public interest;

deleted text begin (3)deleted text end new text begin(ii) new text endthe permit applicant has obtained permission from at least 75 percent of the
riparian landowners; and

deleted text begin (4)deleted text endnew text begin (iii)new text end the permit applicant has conducted a public hearing according to paragraph
(d).

(b) In addition to the requirements in section 103G.301, subdivision 6, the permit
applicant shall serve a copy of the application on each county, municipality, and watershed
management organization, if one exists, within which any portion of the public water is
located and on the lake improvement district, if one exists.

(c) A county, municipality, watershed district, watershed management organization,
or lake improvement district required to be served under paragraph (b) or section
103G.301, subdivision 6, may file a written recommendation for the issuance of a permit
or an objection to the issuance of a permit with the commissioner within 30 days after
receiving a copy of the application.

(d) The hearing notice for a public hearing under paragraph (a), clause deleted text begin(4)deleted text endnew text begin (2),
item (iii)
new text end, must:

(1) include the date, place, and time for the hearing;

(2) include the waters affected and a description of the proposed project;

(3) be mailed to the director, the county auditor, the clerk or mayor of a municipality,
the lake improvement district if one exists, the watershed district or water management
organization, the soil and water conservation district, and all riparian owners of record
affected by the application; and

(4) be published in a newspaper of general circulation in the affected area.

new text begin (e) Periodic temporary drawdowns conducted under paragraph (a) shall not be
considered takings from riparian landowners.
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end This section does not apply to public waters that have been designated for
wildlife management under section 97A.101.

Sec. 76. new text beginRULEMAKING; RESTITUTION VALUE FOR WOLVES.
new text end

new text begin (a) The commissioner of natural resources shall amend the restitution value for
gray wolves in Minnesota Rules, part 6133.0075, to be $500 and shall change the term
"gray wolves" to "wolves."
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. 77. new text beginRULEMAKING; TAKING TROUT AND SPLAKE.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part
6262.0200, to conform with section 70. 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. 78. new text beginRULEMAKING; USE OF SNARES.
new text end

new text begin (a) The commissioner of natural resources shall add a definition of a wolf snare to
Minnesota Rules, part 6234.0900, to read: "'Wolf snare' means any snare set that:
new text end

new text begin A. has a maximum loop diameter greater than ten inches, but less than or equal
to 18 inches;
new text end

new text begin B. has a cable diameter of at least 7/64 inches;
new text end

new text begin C. includes stops affixed to the cable to ensure that the portion of the snare that
makes up the noose loop may not be less than three inches in diameter when fully closed;
new text end

new text begin D. includes a breakaway device that would cause the snare loop to break when
pulled by a moose; and
new text end

new text begin E. includes a diverter wire that extends 27 inches in both directions, measured
perpendicular to and from the top of the snare loop. The diverter wires must be positioned
at an angle no more than 20 degrees from the horizontal plane of the top of the snare, and
the snare must be set within 20 yards of bait."
new text end

new text begin (b) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2300, to include a subpart to read: "Wolves may be taken with snares or wolf snares
as defined in part 6234.0900."
new text end

new text begin (c) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 7, to read: "A snare may not be set so that the top of the loop is more
than 20 inches above the first surface beneath the bottom of the set snare loop. During
the wolf season, licensed wolf trappers may use wolf snares but a wolf snare may not be
set so that the bottom of the loop is more than 18 inches above the first surface beneath
the bottom of the set snare loop."
new text end

new text begin (d) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 5, to read: "Snares, including wolf snares, may not be set in deer,
elk, or moose trails."
new text end

new text begin (e) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, to include a subpart to read: "Licensed wolf trappers shall set wolf snares for
wolves no closer than 500 feet to another wolf snare set by the same licensed wolf trapper."
new text end

new text begin (f) 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. 79. new text beginTRANSITION; SNOWMOBILE REGISTRATION.
new text end

new text begin An individual who, on the effective date of sections 4 to 9, possesses an unexpired
snowmobile registration that was issued before the effective date of sections 4 to 9 and
who was required to display a valid snowmobile state trail sticker before the effective
date of sections 4 to 9 must continue to display a valid snowmobile state trail sticker
according to Minnesota Statutes 2010, section 84.8205, until such time as the snowmobile
registration is renewed under the terms of sections 4 to 9.
new text end

Sec. 80. new text beginCONFORMING RULEMAKING; SNOWMOBILE REGISTRATION.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
chapter 6100, to conform to sections 4 to 9. Minnesota Statutes, section 14.386, does
not apply to rulemaking under this section, except as provided in Minnesota Statutes,
section 14.388.
new text end

Sec. 81. new text beginFISHING OPENER; 2012.
new text end

new text begin The 2012 open season for taking fish by angling shall begin on Saturday, May
5, 2012, for the taking of species that would otherwise begin on May 12, 2012, under
Minnesota Statutes, section 97C.395, and rules of the commissioner of natural resources.
new text end

Sec. 82. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the term "gray wolf" or "gray wolves"
wherever the term appears in Minnesota Statutes and Minnesota Rules to "wolf" or
"wolves."
new text end

new text begin (b) The revisor of statutes shall change the range reference "parts 6234.0900 to
6234.2300" to "parts 6234.0900 to 6234.2400" in Minnesota Rules, part 6234.0900.
new text end

Sec. 83. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 17.035; 17.4993, subdivision 2; 87A.02,
subdivision 1; 97A.045, subdivisions 8 and 13; 97A.065, subdivision 1; 97A.095,
subdivision 3; 97A.331, subdivision 7; 97A.485, subdivision 12; 97A.552; 97B.303;
97B.645, subdivision 2; and 97C.031,
new text end new text begin are repealed.
new text end