HF 2368

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; modifying game and 
  1.3             migratory waterfowl refuge provisions; providing for 
  1.4             suspension of game and fish license and permit 
  1.5             privileges under certain circumstances; modifying 
  1.6             certain hearing provisions; modifying certain game 
  1.7             license provisions; modifying shooting hours for 
  1.8             migratory game birds; authorizing a hunting season for 
  1.9             mourning doves; requiring reports; modifying deer 
  1.10            hunting provisions and fees; modifying restriction on 
  1.11            importation of cervidae carcasses; modifying 
  1.12            restriction on the transport of game birds; clarifying 
  1.13            validity of firearms safety certificates issued to 
  1.14            youth; providing for certain trapping by nonresidents; 
  1.15            modifying turtle license requirements; eliminating 
  1.16            prohibition on the use of vehicles for trapping beaver 
  1.17            and otter; amending Minnesota Statutes 2002, sections 
  1.18            97A.015, subdivisions 24, 52; 97A.085, subdivisions 2, 
  1.19            3, 4; 97A.095, subdivisions 1, 2; 97A.420, subdivision 
  1.20            4; 97A.421, by adding a subdivision; 97A.435, 
  1.21            subdivision 4; 97A.475, subdivision 20; 97A.545, 
  1.22            subdivision 5; 97B.015, subdivision 5; 97B.075; 
  1.23            97B.301, subdivisions 6, 7; 97B.601, subdivision 3, by 
  1.24            adding a subdivision; 97B.721; Minnesota Statutes 2003 
  1.25            Supplement, sections 97A.475, subdivision 2; 97A.505, 
  1.26            subdivision 8; 97C.605, subdivision 2c; proposing 
  1.27            coding for new law in Minnesota Statutes, chapter 97B; 
  1.28            repealing Minnesota Statutes 2002, sections 97B.731, 
  1.29            subdivision 2; 97B.935. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  Minnesota Statutes 2002, section 97A.015, 
  1.32  subdivision 24, is amended to read: 
  1.33     Subd. 24.  [GAME BIRDS.] "Game birds" means migratory 
  1.34  waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada 
  1.35  spruce grouse, prairie chickens, gray partridge, bob-white 
  1.36  quail, turkeys, coots, gallinules, sora and Virginia rails, 
  1.37  American woodcock, and common snipe, and mourning doves. 
  2.1      Sec. 2.  Minnesota Statutes 2002, section 97A.015, 
  2.2   subdivision 52, is amended to read: 
  2.3      Subd. 52.  [UNPROTECTED BIRDS.] "Unprotected birds" means 
  2.4   English sparrow, blackbird, starling, magpie, cormorant, common 
  2.5   pigeon, chukar partridge, quail other than bob-white quail, mute 
  2.6   swan, Eurasian collared dove, and great horned owl. 
  2.7      Sec. 3.  Minnesota Statutes 2002, section 97A.085, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [ESTABLISHMENT BY COMMISSIONER.] The commissioner 
  2.10  may designate a contiguous area of at least 640 acres as a game 
  2.11  refuge if more than 50 percent of the area is in public 
  2.12  ownership.  The game refuge must be a contiguous area of at 
  2.13  least 640 acres unless it borders or includes a marsh, or other 
  2.14  body of water or watercourse suitable for wildlife habitat. 
  2.15     Sec. 4.  Minnesota Statutes 2002, section 97A.085, 
  2.16  subdivision 3, is amended to read: 
  2.17     Subd. 3.  [ESTABLISHMENT BY PETITION OF LAND HOLDERS.] The 
  2.18  commissioner may designate a land area or portion of a land area 
  2.19  described in a petition as a game refuge.  The petition must be 
  2.20  signed by the owner, the lessee, or the person in possession of 
  2.21  each tract in the area.  A certificate of the auditor of the 
  2.22  county where the lands are located must accompany the petition 
  2.23  stating that the persons named in the petition are the owners, 
  2.24  lessees, or persons in possession of all of the land described 
  2.25  according to the county records.  The game refuge must be a 
  2.26  contiguous area of at least 640 acres unless it borders or 
  2.27  includes a marsh, or other body of water or watercourse suitable 
  2.28  for wildlife habitat. 
  2.29     Sec. 5.  Minnesota Statutes 2002, section 97A.085, 
  2.30  subdivision 4, is amended to read: 
  2.31     Subd. 4.  [ESTABLISHMENT BY PETITION OF COUNTY RESIDENTS.] 
  2.32  The commissioner may designate as a game refuge public waters or 
  2.33  a contiguous area of at least 640 acres, described in a 
  2.34  petition, signed by 50 or more residents of the county where the 
  2.35  public waters or area is located.  The game refuge must be a 
  2.36  contiguous area of at least 640 acres unless it borders or 
  3.1   includes a marsh, or other body of water or watercourse suitable 
  3.2   for wildlife habitat. The game refuge may be designated only if 
  3.3   the commissioner finds that protected wild animals are depleted 
  3.4   and are in danger of extermination, or that it will best serve 
  3.5   the public interest.  
  3.6      Sec. 6.  Minnesota Statutes 2002, section 97A.095, 
  3.7   subdivision 1, is amended to read: 
  3.8      Subdivision 1.  [MIGRATORY WATERFOWL REFUGES SANCTUARY.] 
  3.9   The commissioner shall may designate by rule any part of a state 
  3.10  game refuge or any part of a lake that is designated for 
  3.11  management purposes under section 97A.101, subdivision 2, as a 
  3.12  migratory waterfowl refuge sanctuary if there is presented to 
  3.13  the commissioner a petition signed by ten resident licensed 
  3.14  hunters describing an area that is primarily a migratory 
  3.15  waterfowl refuge.  The commissioner shall post the area as a 
  3.16  migratory waterfowl refuge sanctuary.  A person may not enter a 
  3.17  posted migratory waterfowl refuge sanctuary during the open 
  3.18  migratory waterfowl season unless accompanied by or under a 
  3.19  permit issued by a conservation officer or game refuge wildlife 
  3.20  manager.  Upon a request from a private landowner within a 
  3.21  migratory waterfowl refuge sanctuary, an annual permit must be 
  3.22  issued to provide access to the property during the waterfowl 
  3.23  season.  The permit shall include conditions that allow no 
  3.24  activity which would disturb waterfowl using the refuge during 
  3.25  the waterfowl season. 
  3.26     Sec. 7.  Minnesota Statutes 2002, section 97A.095, 
  3.27  subdivision 2, is amended to read: 
  3.28     Subd. 2.  [WATERFOWL FEEDING AND RESTING AREAS.] The 
  3.29  commissioner may, by rule, designate any part of a lake as a 
  3.30  migratory feeding or and resting area.  Before designation, the 
  3.31  commissioner must receive a petition signed by at least ten 
  3.32  local resident licensed hunters describing the area of a lake 
  3.33  that is a substantial feeding or resting area for migratory 
  3.34  waterfowl, and find that the statements in the petition are 
  3.35  correct, and that adequate, free public access to the lake 
  3.36  exists near the designated area.  The commissioner shall post 
  4.1   the area as a migratory waterfowl feeding and resting area.  
  4.2   Except as authorized in rules adopted by the commissioner, a 
  4.3   person may not enter a posted migratory waterfowl feeding and 
  4.4   resting area, during a period when hunting of migratory 
  4.5   waterfowl is allowed, with watercraft or aircraft propelled by a 
  4.6   motor, other than an electric motor of less than 30 pounds 
  4.7   thrust.  The commissioner may, by rule, further restrict the use 
  4.8   of electric motors in migratory waterfowl feeding and resting 
  4.9   areas. 
  4.10     Sec. 8.  Minnesota Statutes 2002, section 97A.420, 
  4.11  subdivision 4, is amended to read: 
  4.12     Subd. 4.  [HEARING.] (a) A hearing under subdivision 3 must 
  4.13  be before a district court judge in the county where the 
  4.14  incident occurred giving rise to the license seizure.  The 
  4.15  hearing must be to the court and may be conducted at the same 
  4.16  time as hearings upon pretrial motions in a related criminal 
  4.17  prosecution.  The commissioner must be represented by the county 
  4.18  attorney. 
  4.19     (b) The hearing must be held at the earliest practicable 
  4.20  date and in any event no later than 60 days following the filing 
  4.21  of the petition for review. 
  4.22     (c) The scope of the hearing must be limited to the issue 
  4.23  of whether there is probable cause to believe that the person 
  4.24  violated section 97A.338 has unlawfully taken, possessed, or 
  4.25  transported wild animals with a restitution value over $500. 
  4.26     (d) The court shall order that the license seizure be 
  4.27  either sustained or rescinded.  Within 14 days following the 
  4.28  hearing, the court shall forward a copy of the order to the 
  4.29  commissioner. 
  4.30     (e) Any party aggrieved by the decision of the reviewing 
  4.31  court may appeal the decision as provided in the Rules of Civil 
  4.32  Appellate Procedure. 
  4.33     Sec. 9.  Minnesota Statutes 2002, section 97A.421, is 
  4.34  amended by adding a subdivision to read: 
  4.35     Subd. 4a.  [SUSPENSION FOR FAILURE TO APPEAR IN COURT OR TO 
  4.36  PAY A FINE OR SURCHARGE.] When a court reports to the 
  5.1   commissioner that a person (1) has failed to appear in court 
  5.2   under the summons issued to them for a violation of the game and 
  5.3   fish laws or (2) has been convicted of violating a provision of 
  5.4   the game and fish laws, has been sentenced to the payment of a 
  5.5   fine or had a surcharge levied against them, and refused or 
  5.6   failed to comply with that sentence or to pay the fine or 
  5.7   surcharge, the commissioner shall suspend the game and fish 
  5.8   license and permit privileges of the person for three years or 
  5.9   until notified by the court that the person has appeared in 
  5.10  court under clause (1) or that any fine or surcharge due the 
  5.11  court has been paid under clause (2). 
  5.12     Sec. 10.  Minnesota Statutes 2002, section 97A.435, 
  5.13  subdivision 4, is amended to read: 
  5.14     Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  5.15  The commissioner may conduct a separate selection for up to 20 
  5.16  percent of the turkey licenses to be issued for any area.  Only 
  5.17  persons who are owners or tenants of and who live on at least 40 
  5.18  acres of agricultural or grazing land in the area, and their 
  5.19  family members, are eligible applicants for turkey licenses for 
  5.20  the separate selection.  The qualifying agricultural or grazing 
  5.21  land may be noncontiguous.  Persons who are unsuccessful in a 
  5.22  separate selection must be included in the selection for the 
  5.23  remaining licenses.  Persons who obtain a license in a separate 
  5.24  selection must allow public turkey hunting on their land during 
  5.25  that turkey season.  A license issued under this subdivision is 
  5.26  restricted to the land owned or leased by the holder of the 
  5.27  license within the permit area where the qualifying land is 
  5.28  located. 
  5.29     (b) The commissioner may by rule establish criteria for 
  5.30  determining eligible family members under this subdivision. 
  5.31     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
  5.32  97A.475, subdivision 2, is amended to read: 
  5.33     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
  5.34  licenses, to be issued to residents only, are: 
  5.35     (1) for persons age 18 or over and under age 65 to take 
  5.36  small game, $12.50; 
  6.1      (2) for persons ages 16 and 17 and age 65 or over, $6 to 
  6.2   take small game; 
  6.3      (3) to take turkey, $18; 
  6.4      (4) for persons age 16 18 or over to take deer with 
  6.5   firearms, $26; 
  6.6      (5) for persons age 16 18 or over to take deer by archery, 
  6.7   $26; 
  6.8      (6) to take moose, for a party of not more than six 
  6.9   persons, $310; 
  6.10     (7) to take bear, $38; 
  6.11     (8) to take elk, for a party of not more than two persons, 
  6.12  $250; 
  6.13     (9) to take antlered deer in more than one zone, $52; 
  6.14     (10) to take Canada geese during a special season, $4; 
  6.15     (11) to take two deer throughout the state in any open deer 
  6.16  season, except as restricted under section 97B.305, $78; 
  6.17     (12) to take prairie chickens, $20; 
  6.18     (13) for persons at least age 12 and under age 16 18 to 
  6.19  take deer with firearms, $13; and 
  6.20     (14) for persons at least age 12 and under age 16 18 to 
  6.21  take deer by archery, $13. 
  6.22     Sec. 12.  Minnesota Statutes 2002, section 97A.475, 
  6.23  subdivision 20, is amended to read: 
  6.24     Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
  6.25  trap fur-bearing animals is: 
  6.26     (1) for persons residents over age 13 and under age 18, $6; 
  6.27  and 
  6.28     (2) for persons residents age 18 and older, $20; and 
  6.29     (3) for nonresidents, $73. 
  6.30     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
  6.31  97A.505, subdivision 8, is amended to read: 
  6.32     Subd. 8.  [IMPORTATION OF HUNTER-HARVESTED CERVIDAE.] 
  6.33  Importation into Minnesota of hunter-harvested cervidae 
  6.34  carcasses from known chronic wasting disease endemic areas, as 
  6.35  determined by the Board of Animal Health, is prohibited except 
  6.36  for cut and wrapped meat, quarters or other portions of meat 
  7.1   with no part of the spinal column or head attached, antlers, 
  7.2   hides, teeth, finished taxidermy mounts, and antlers attached to 
  7.3   skull caps that are cleaned of all brain 
  7.4   tissue.  Hunter-harvested cervidae carcasses taken outside of 
  7.5   Minnesota may be transported on a direct route through the state 
  7.6   by nonresidents. 
  7.7      Sec. 14.  Minnesota Statutes 2002, section 97A.545, 
  7.8   subdivision 5, is amended to read: 
  7.9      Subd. 5.  [BIRDS MUST BE IN UNDRESSED CONDITION; 
  7.10  EXCEPTIONS.] (a) Except as provided in paragraph (b), a person 
  7.11  may ship or otherwise transport game birds in an undressed 
  7.12  condition only. 
  7.13     (b) Paragraph (a) does not apply if the birds being shipped 
  7.14  or otherwise transported: 
  7.15     (1) were taken on a shooting preserve and are marked or 
  7.16  identified in accordance with section 97A.121, subdivision 5; or 
  7.17     (2) were taken, dressed, and lawfully shipped or otherwise 
  7.18  transported in another state; or 
  7.19     (3) are migratory game birds that were lawfully tagged and 
  7.20  packed by a federally permitted migratory bird preservation 
  7.21  facility. 
  7.22     Sec. 15.  Minnesota Statutes 2002, section 97B.015, 
  7.23  subdivision 5, is amended to read: 
  7.24     Subd. 5.  [FIREARMS SAFETY CERTIFICATE.] The commissioner 
  7.25  shall issue a firearms safety certificate to a person that 
  7.26  satisfactorily completes the required course of instruction.  A 
  7.27  certificate may not be issued to a person under age 12.  A 
  7.28  person that is must be at least age 11 may to take the firearms 
  7.29  safety course and may receive a firearms safety certificate, but 
  7.30  the certificate is not valid until the person is at least age 
  7.31  12.  A firearms safety certificate issued to a student under age 
  7.32  12 by another state as provided in section 97B.020 is not valid 
  7.33  in Minnesota until the student reaches age 12.  The form and 
  7.34  content of the firearms safety certificate shall be prescribed 
  7.35  by the commissioner.  
  7.36     Sec. 16.  Minnesota Statutes 2002, section 97B.075, is 
  8.1   amended to read: 
  8.2      97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 
  8.3      (a) A person may not take protected wild animals, except 
  8.4   raccoon and fox, with a firearm between the evening and morning 
  8.5   times established by commissioner's rule, except as provided in 
  8.6   this section. 
  8.7      (b) Big game may be taken from one-half hour before sunrise 
  8.8   until one-half hour after sunset, and,. 
  8.9      (c) Except as otherwise prescribed by the commissioner 
  8.10  during the first eight days of the season before the Saturday 
  8.11  nearest October 8, until January 1, 2001, waterfowl may be taken 
  8.12  from one-half hour before sunrise until sunset during the entire 
  8.13  season prescribed by the commissioner.  On the opening day of 
  8.14  the duck season, shooting hours for migratory game birds, except 
  8.15  woodcock and mourning doves, begin at 9:00 a.m. 
  8.16     Sec. 17.  Minnesota Statutes 2002, section 97B.301, 
  8.17  subdivision 6, is amended to read: 
  8.18     Subd. 6.  [RESIDENTS UNDER AGE 16 18 MAY TAKE DEER OF 
  8.19  EITHER SEX.] A resident under the age of 16 18 may take a deer 
  8.20  of either sex except in those antlerless permit areas and 
  8.21  seasons where no antlerless permits are offered.  In antlerless 
  8.22  permit areas where no antlerless permits are offered, the 
  8.23  commissioner may provide a limited number of youth either sex 
  8.24  permits to residents under age 16 18, under the procedures 
  8.25  provided in section 97B.305, and may give preference to 
  8.26  residents under the age of 16 18 that have not previously been 
  8.27  selected.  This subdivision does not authorize the taking of an 
  8.28  antlerless deer by another member of a party under subdivision 3.
  8.29     Sec. 18.  Minnesota Statutes 2002, section 97B.301, 
  8.30  subdivision 7, is amended to read: 
  8.31     Subd. 7.  [ALL SEASON DEER LICENSE.] (a) A resident may 
  8.32  obtain an all season deer license.  This license authorizes the 
  8.33  resident to take one buck by firearm or archery during any 
  8.34  season statewide.  In addition, a resident obtaining this 
  8.35  license may take one antlerless deer: 
  8.36     (1) by firearms in the regular firearms season if the 
  9.1   resident first obtains an antlerless deer permit or if the 
  9.2   resident takes the antlerless deer in an area where the 
  9.3   commissioner has authorized taking a deer of either sex without 
  9.4   an antlerless permit; 
  9.5      (2) by archery in the archery season; or 
  9.6      (3) by muzzleloader in the muzzleloader season. 
  9.7      (b) A person obtaining an all season deer license does not 
  9.8   qualify for hunting under subdivision 3.  The commissioner shall 
  9.9   issue one tag for a buck and one tag for an antlerless deer when 
  9.10  issuing a license under this subdivision. 
  9.11     Sec. 19.  Minnesota Statutes 2002, section 97B.601, 
  9.12  subdivision 3, is amended to read: 
  9.13     Subd. 3.  [NONRESIDENTS:  RACCOON, BOBCAT, FOX, COYOTE, 
  9.14  CANADA LYNX.] A nonresident may not take raccoon, bobcat, fox, 
  9.15  coyote, or Canada lynx by firearms without a separate license to 
  9.16  take that animal in addition to a small game license.  
  9.17     Sec. 20.  Minnesota Statutes 2002, section 97B.601, is 
  9.18  amended by adding a subdivision to read: 
  9.19     Subd. 3a.  [NONRESIDENTS; TRAPPING SMALL GAME.] A 
  9.20  nonresident may take small game by trapping only on land owned 
  9.21  by the nonresident, if the nonresident possesses a trapping 
  9.22  license and a small game license. 
  9.23     Sec. 21.  [97B.717] [MOURNING DOVES.] 
  9.24     Subdivision 1.  [SEASON.] The commissioner shall prescribe 
  9.25  an open season for taking mourning doves. 
  9.26     Subd. 2.  [LICENSE REQUIRED.] A person may not take 
  9.27  mourning doves without a small game license in possession. 
  9.28     Sec. 22.  Minnesota Statutes 2002, section 97B.721, is 
  9.29  amended to read: 
  9.30     97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 
  9.31  TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.] 
  9.32     (a) Except as provided in paragraph (b) or section 97A.405, 
  9.33  subdivision 2, a person may not take a turkey without possessing 
  9.34  a turkey license and a turkey stamp validation.  
  9.35     (b) The requirement in paragraph (a) to have a turkey stamp 
  9.36  validation does not apply to persons under age 18.  An 
 10.1   unlicensed adult age 18 or older may assist a licensed wild 
 10.2   turkey hunter under the age of 16.  The unlicensed adult may not 
 10.3   shoot or possess a firearm or bow while assisting a youth under 
 10.4   this paragraph. 
 10.5      (c) The commissioner may by rule prescribe requirements for 
 10.6   the tagging and registration of turkeys. 
 10.7      Sec. 23.  Minnesota Statutes 2003 Supplement, section 
 10.8   97C.605, subdivision 2c, is amended to read: 
 10.9      Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need a 
 10.10  turtle seller's license or an angling license: 
 10.11     (1) when buying turtles for resale at a retail outlet; 
 10.12     (2) when buying a turtle at a retail outlet; 
 10.13     (3) if the person is a nonresident buying a turtle from a 
 10.14  licensed turtle seller for export out of state.  Shipping 
 10.15  documents provided by the turtle seller must accompany each 
 10.16  shipment exported out of state by a nonresident.  Shipping 
 10.17  documents must include:  name, address, city, state, and zip 
 10.18  code of the buyer; number of each species of turtle; and name 
 10.19  and license number of the turtle seller; or 
 10.20     (4) to take, possess, and rent or sell up to 25 
 10.21  turtles greater than four inches in length for the purpose of 
 10.22  providing the turtles to participants at a nonprofit turtle 
 10.23  race, if the person is a resident under age 18.  The person is 
 10.24  responsible for the well-being of the turtles. 
 10.25     Sec. 24.  [REPORT; CHANGE IN SHOOTING HOURS.] 
 10.26     By January 15, 2007, the commissioner of natural resources 
 10.27  shall report to the chairs of the senate and house committees 
 10.28  having jurisdiction over natural resources policy, evaluating 
 10.29  the impacts of the change in shooting hours under section 16, 
 10.30  including harvest success and the effect on local waterfowl 
 10.31  populations. 
 10.32     Sec. 25.  [REPORT; MOURNING DOVE SEASON.] 
 10.33     The commissioner of natural resources shall report to the 
 10.34  legislature by August 1, 2005, on the results of the mourning 
 10.35  dove season authorized by Minnesota Statutes, section 97B.717.  
 10.36  The report must include a description of the impact of the 
 11.1   season on the mourning dove population in the state. 
 11.2      Sec. 26.  [REPEALER.] 
 11.3      (a) Minnesota Statutes 2002, section 97B.731, subdivision 
 11.4   2, is repealed. 
 11.5      (b) Minnesota Statutes 2002, section 97B.935, is repealed. 
 11.6      Sec. 27.  [EFFECTIVE DATE.] 
 11.7      Sections 1, 2, 8, 21, 25, and 26, paragraph (a), are 
 11.8   effective the day following final enactment.