Minnesota Legislature
HF 2611
as introduced - 87th Legislature (2011 - 2012) Posted on 02/29/2012 01:41pm
Bill Text Versions
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| Introduction | Posted on 02/29/2012 |
Current Version - as introduced
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A bill for an act
relating to game and fish; providing for primitive firearms hunting season;
modifying shotgun use area; requiring rulemaking; amending Minnesota Statutes
2010, sections 97A.015, subdivisions 37a, 41a, by adding subdivisions; 97A.411,
subdivision 3; 97A.475, subdivisions 2, 3; 97B.301, subdivisions 1, 2, 4;
97B.311; 97B.318, subdivision 1; Minnesota Statutes 2011 Supplement, sections
97B.031, subdivision 5; 97B.041; repealing Minnesota Statutes 2010, section
97A.015, subdivision 32a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 37a. new text end
new text begin Primitive firearm. new text end
new text begin
"Primitive firearm" means a side hammer firearm
with flintlock or caplock ignition.
new text end
Sec. 2.
Minnesota Statutes 2010, section 97A.015, is amended by adding a subdivision
to read:
new text begin Subd. 37b. new text end
new text begin Primitive firearms season. new text end
new text begin
"Primitive firearms season" means the deer
season open only for legal primitive firearms, as prescribed by the commissioner.
new text end
Sec. 3.
Minnesota Statutes 2010, section 97A.015, subdivision 37a, is amended to read:
Subd. deleted text begin 37adeleted text end new text begin 37cnew text end .
Processing.
"Processing" means rendering a species of aquatic life
for food, bait, or other purposes so that it is no longer alive.
Sec. 4.
Minnesota Statutes 2010, section 97A.015, subdivision 41a, is amended to read:
Subd. 41a.
Regular firearms season.
"Regular firearms season" means any of the
firearms deer seasons prescribed by the commissioner that begin in November, exclusive
of the deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end season.
Sec. 5.
Minnesota Statutes 2010, section 97A.411, subdivision 3, is amended to read:
Subd. 3.
Deer license.
(a) Except as provided in paragraphs (b) and (c), a license
to take deer by archery, firearms, or deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end issued after the
opening of the related archery, firearms, or deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end deer season,
respectively, is not valid until the second day after it is issued.
(b) The commissioner may issue a license to take additional deer under section
97B.301, subdivision 4, that is valid immediately upon issuance.
(c) Paragraph (a) does not apply to deer licenses for discharged military personnel
under section 97A.465, subdivision 4.
Sec. 6.
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 deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end during
the deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end 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; and
(15) for persons under age 18 to take deer by deleted text begin muzzleloaderdeleted text end new text begin primitive firearms new text end during
the deleted text begin muzzleloaderdeleted text end new text begin primitive firearms new text end season, $13.
Sec. 7.
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 deleted text begin muzzleloaderdeleted text end new text begin primitive firearms new text end during
the deleted text begin muzzleloaderdeleted text end new text begin primitive firearms new text end 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; and
(12) for persons under age 18 to take deer new text begin with primitive firearms new text end during the
deleted text begin muzzleloaderdeleted text end new text begin primitive firearms new text end season, $13.
(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. 8.
Minnesota Statutes 2011 Supplement, section 97B.031, subdivision 5, is
amended to read:
Subd. 5.
Scopes; visually impaired hunters.
(a) Notwithstanding any other
law to the contrary, the commissioner may issue a special permit, without a fee, to use
a deleted text begin muzzleloaderdeleted text end new text begin primitive firearmnew text end with a scope to take deer during the deleted text begin muzzleloaderdeleted text end new text begin
primitive firearmsnew text end season to a person who obtains the required licenses and who has a
visual impairment. The scope may not have magnification capabilities.
(b) The visual impairment must be to the extent that the applicant is unable
to identify targets and the rifle sights at the same time without a scope. The visual
impairment and specific conditions must be established by medical evidence verified in
writing by (1) a licensed physician or a certified nurse practitioner or certified physician
assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist;
or (3) a licensed optometrist. The commissioner may request additional information from
the physician if needed to verify the applicant's eligibility for the permit.
(c) A permit issued under this subdivision may be valid for up to five years, based
on the permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.
(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.
(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this subdivision for cause, including a violation of the game and fish laws or rules.
(f) A person who knowingly makes a false application or assists another in making
a false application for a permit under this subdivision is guilty of a misdemeanor. A
physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
optometrist who fraudulently certifies to the commissioner that a person is visually
impaired as described in this subdivision is guilty of a misdemeanor.
Sec. 9.
Minnesota Statutes 2011 Supplement, section 97B.041, is amended to read:
97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
IN DEER ZONES.
(a) A person may not possess a firearm or ammunition outdoors during the period
beginning the fifth day before the open firearms season and ending the second day after
the close of the season within an area where deer may be taken by a firearm, except:
(1) during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area may be used to take big game
in that area if the person has a valid big game license in possession;
(2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
(3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
or steel shot;
(4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
including .22 magnum caliber cartridges;
(5) handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and
(6) on a target range operated under a permit from the commissioner.
(b) This section does not apply during an open firearms season in an area where
deer may be taken only by deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end , except that deleted text begin muzzleloadingdeleted text end new text begin
primitivenew text end firearms lawful for the taking of deer may be possessed only by persons with
a valid license to take deer by deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end during the deleted text begin muzzleloaderdeleted text end new text begin
primitive firearmsnew text end season. While deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end hunting, a person
with a valid license to take deer by deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end may not possess a
firearm other than:
(1) a deleted text begin muzzleloader that is legal for taking deer under section 97B.031, subdivision
1deleted text end new text begin primitive firearmnew text end ; and
(2) a firearm as described in paragraph (a), clauses (2) to (5).
Sec. 10.
Minnesota Statutes 2010, section 97B.301, subdivision 1, is amended to read:
Subdivision 1.
Licenses required.
A person may not take deer without a license.
A person must have a firearms deer license to take deer with firearms during the regular
firearms season, a deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end license to take deer with a deleted text begin muzzleloaderdeleted text end new text begin
primitive firearmnew text end during the deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end season, and an archery deer
license to take deer by archery except as provided in this section.
Sec. 11.
Minnesota Statutes 2010, section 97B.301, subdivision 2, is amended to read:
Subd. 2.
Limit of one deer.
A person may obtain one regular firearms season
deer license, one deleted text begin muzzleloaderdeleted text end new text begin primitive firearmsnew text end season deer license, and one archery
season deer license in the same license year, but may not tag more than one deer except as
provided in subdivisions 3 and 4.
Sec. 12.
Minnesota Statutes 2010, section 97B.301, subdivision 4, is amended to read:
Subd. 4.
Taking more than one deer.
The commissioner may, by rule, allow
a person to take more than one deer. The commissioner shall prescribe the conditions
for taking the additional deer including:
(1) taking by firearm, deleted text begin muzzleloaderdeleted text end new text begin primitive firearmnew text end , or archery;
(2) obtaining additional licenses;
(3) payment of a fee not more than the fee for a firearms deer license; and
(4) the total number of deer that an individual may take.
Sec. 13.
Minnesota Statutes 2010, section 97B.311, is amended to read:
97B.311 DEER SEASONS AND RESTRICTIONS.
(a) The commissioner may, by rule, prescribe restrictions and designate areas where
deer may be taken, including hunter selection criteria for special hunts established under
section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open
seasons for deer within the following periods:
(1) taking with firearmsdeleted text begin , other than muzzle-loading firearms,deleted text end between November 1
and December 15;
(2) taking with deleted text begin muzzle-loadingdeleted text end new text begin primitivenew text end firearms between September 1 and
December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may establish special seasons
within designated areas at any time of year.
Sec. 14.
Minnesota Statutes 2010, section 97B.318, subdivision 1, is amended to read:
Subdivision 1.
Shotgun use area.
During the regular firearms season in the shotgun
use area, only legal shotguns loaded with single-slug shotgun shells, legal deleted text begin muzzle-loadingdeleted text end new text begin
primitive firearmnew text end long guns, and legal handguns may be used for taking deer. Legal
shotguns include those with rifled barrels. The shotgun use area is that portion of the state
lying within the following described boundary: Beginning on the west boundary of the
state at the northern boundary of Clay County; thence along the northern boundary of Clay
County to State Trunk Highway (STH) 32; thence along STH 32 to STH 34; thence along
STH 34 to Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway
(CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas County;
thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to CSAH
6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence along
CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence along
CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22 to U.S.
Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27 to the
Mississippi River; thence along the east bank of the Mississippi River to STH 23; thence
along STH 23 to STH 95; thence along STH 95 to U.S. Highway 8; thence along U.S.
Highway 8 to the eastern boundary of the state; thence along the east, south, and west
boundaries of the state to the point of beginning.
Sec. 15. new text begin CONFORMING RULEMAKING.
new text end
new text begin
The commissioner of natural resources shall amend Minnesota Rules to conform
with sections 1 to 16. The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules under this
section, and Minnesota Statutes, section 14.386, does not apply, except as provided in
Minnesota Statutes, section 14.388.
new text end
Sec. 16. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, section 97A.015, subdivision 32a,
new text end
new text begin
is repealed.
new text end