HF 2724

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for the 
  1.3             acquisition of critical aquatic habitat; modifying 
  1.4             commercial netting provisions; permitting the 
  1.5             commissioner to take catfish in certain waters; 
  1.6             modifying minnow retailer provisions; modifying turtle 
  1.7             license provisions; modifying provisions of trail 
  1.8             grant-in-aid funding; requiring removal of vehicles 
  1.9             from state waters; modifying provisions for issuing 
  1.10            moose licenses; providing civil penalties; amending 
  1.11            Minnesota Statutes 1996, sections 84.83, subdivisions 
  1.12            3 and 4; 86A.04; 97A.431, subdivision 4; 97C.041; 
  1.13            97C.501, subdivision 1; and 97C.605, subdivisions 1 
  1.14            and 2; Minnesota Statutes 1997 Supplement, sections 
  1.15            97A.475, subdivision 30; and 97C.501, subdivision 2; 
  1.16            proposing coding for new law in Minnesota Statutes, 
  1.17            chapters 86B; and 97C. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1996, section 84.83, 
  1.20  subdivision 3, is amended to read: 
  1.21     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
  1.22  in the account and interest earned on that money may be expended 
  1.23  only as appropriated by law for the following purposes:  
  1.24     (1) for a grant-in-aid program to counties and 
  1.25  municipalities for construction and maintenance of snowmobile 
  1.26  trails, including maintenance of trails on lands and waters of 
  1.27  Voyageurs National Park; 
  1.28     (2) for acquisition, development, and maintenance of state 
  1.29  recreational snowmobile trails; 
  1.30     (3) for snowmobile safety programs; and 
  1.31     (4) for the administration and enforcement of sections 
  2.1   84.81 to 84.90.  
  2.2      Sec. 2.  Minnesota Statutes 1996, section 84.83, 
  2.3   subdivision 4, is amended to read: 
  2.4      Subd. 4.  [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] (a)
  2.5   Recipients of Minnesota trail assistance program funds must be 
  2.6   the same protection and be held to the same standard of 
  2.7   liability as a political subdivision under chapter 466 for 
  2.8   activities associated with the administration, design, 
  2.9   construction, maintenance, and grooming of snowmobile trails.  
  2.10     (b) Recipients of Minnesota trail assistance program funds 
  2.11  who maintain ice trails on waters of Voyageurs National Park are 
  2.12  expressly immune from liability under section 466.03, 
  2.13  subdivision 6e. 
  2.14     Sec. 3.  Minnesota Statutes 1996, section 86A.04, is 
  2.15  amended to read: 
  2.16     86A.04 [COMPOSITION OF SYSTEM.] 
  2.17     The outdoor recreation system shall consist of all state 
  2.18  parks; state recreation areas; state trails established pursuant 
  2.19  to sections 84.029, subdivision 2, and 85.015; state scientific 
  2.20  and natural areas; state wilderness areas; state forests; state 
  2.21  wildlife management areas; state water access sites, which 
  2.22  include all lands and facilities established by the commissioner 
  2.23  of natural resources or the commissioner of transportation to 
  2.24  provide public access to water; state wild, scenic, and 
  2.25  recreational rivers; state historic sites; and state rest areas, 
  2.26  which include all facilities established by the commissioner of 
  2.27  transportation for the safety, rest, comfort and use of the 
  2.28  highway traveler, and shall include all existing facilities 
  2.29  designated as rest areas and waysides by the commissioner of 
  2.30  transportation; and any other units not enumerated herein that 
  2.31  are classified under section 86A.05.  Each individual state 
  2.32  park, state recreation area, and so forth is called a "unit." 
  2.33     Sec. 4.  [86B.107] [REMOVAL OF VEHICLES FROM STATE WATERS.] 
  2.34     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  2.35  section, "vehicle" has the meaning given to "motor vehicle" in 
  2.36  section 97A.015, subdivision 32, and the meaning given to 
  3.1   "motorboat" in section 86B.005, subdivision 9.  
  3.2      (b) For purposes of this section, "owner" means registered 
  3.3   owner, last registered owner, or actual owner of a vehicle if 
  3.4   the vehicle is not registered. 
  3.5      Subd. 2.  [REMOVAL REQUIREMENT.] (a) The owner of a vehicle 
  3.6   shall be responsible to remove the vehicle from waters of the 
  3.7   state unless the vehicle is permitted under section 86B.121, or 
  3.8   otherwise exempt from removal.  Removal shall be completed 
  3.9   within 30 days of the vehicle entering the water or being 
  3.10  discovered in the water, unless the owner is notified in writing 
  3.11  by the county having jurisdiction that the removal must be 
  3.12  completed sooner.  The owner of the vehicle shall report that 
  3.13  the vehicle is submerged in a body of water, and the date and 
  3.14  circumstances surrounding it becoming submerged, to the sheriff 
  3.15  of the county where the body of water is located within 48 hours 
  3.16  of the vehicle entering the water. 
  3.17     (b) If the vehicle is not removed pursuant to paragraph 
  3.18  (a), the county in whose jurisdiction the lake or watercourse 
  3.19  exists shall remove the vehicle.  The owner of the vehicle shall 
  3.20  be subject to a civil penalty for all costs incurred in the 
  3.21  removal of the vehicle.  If the penalty is not paid within 60 
  3.22  days of notification of the owner the county that incurs costs 
  3.23  as described in this section may bring an action to recover the 
  3.24  costs at two times the actual cost of removal. 
  3.25     (c) The owner of the vehicle is not responsible for removal 
  3.26  of the vehicle if the vehicle was used without their knowledge 
  3.27  and the driver or operator of the vehicle can be determined. 
  3.28     Sec. 5.  Minnesota Statutes 1996, section 97A.431, 
  3.29  subdivision 4, is amended to read: 
  3.30     Subd. 4.  [SEPARATE SELECTION; ELIGIBILITY.] (a) The 
  3.31  commissioner may conduct a separate selection for up to 20 
  3.32  percent of the moose licenses to be issued for an area.  Only 
  3.33  owners of, and tenants living on, at least 160 acres of 
  3.34  agricultural or grazing land in the area, and their family 
  3.35  members, are eligible for the separate selection under this 
  3.36  paragraph.  Persons that are unsuccessful in a separate 
  4.1   selection must be included in the selection for the remaining 
  4.2   licenses.  
  4.3      (b) The commissioner must conduct a separate selection for 
  4.4   five percent of the moose licenses to be issued each year.  Only 
  4.5   individuals who have applied at least ten times for a moose 
  4.6   license and who have never received a license are eligible for 
  4.7   this separate selection.  An individual applying for a license 
  4.8   under this paragraph may designate individuals who have not made 
  4.9   at least ten unsuccessful applications for a moose license as 
  4.10  members of the applicant's hunting party and must certify that 
  4.11  the applicant has not accepted any compensation from those 
  4.12  individuals in exchange for including them on the application. 
  4.13     (c) The commissioner may by rule establish criteria for: 
  4.14     (1) determining eligible family members under this 
  4.15  subdivision. paragraph (a); and 
  4.16     (2) verifying that an individual has made at least ten 
  4.17  unsuccessful applications for the purposes of paragraph (b). 
  4.18     (d) A person who is unsuccessful in a separate selection 
  4.19  under this subdivision must be included in the selection for the 
  4.20  remaining licenses. 
  4.21     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  4.22  97A.475, subdivision 30, is amended to read: 
  4.23     Subd. 30.  [COMMERCIAL NETTING OF FISH.] The fees to take 
  4.24  commercial fish are: 
  4.25     (1) commercial license fees: 
  4.26     (i) for residents and nonresidents seining and netting in 
  4.27  inland waters, $90; 
  4.28     (ii) for residents netting in Lake Superior, $50; 
  4.29     (iii) for residents netting in Lake of the Woods, Rainy, 
  4.30  Namakan, and Sand Point lakes, $50; 
  4.31     (iv) for residents seining in the Mississippi River from St.
  4.32  Anthony Falls to the St. Croix River junction, $50; 
  4.33     (v) for residents seining, netting, and set lining in 
  4.34  Wisconsin boundary waters from Lake St. Croix to the Iowa 
  4.35  border, $50; and 
  4.36     (vi) for a resident apprentice license, $25; and 
  5.1      (2) commercial gear fees: 
  5.2      (i) for each gill net in Lake Superior, Wisconsin boundary 
  5.3   waters, and Namakan Lake, $3.50 per 100 feet of net; 
  5.4      (ii) for each seine in inland waters, on the Mississippi 
  5.5   River as described in section 97C.801, subdivision 2, and in 
  5.6   Wisconsin boundary waters, $7 per 100 feet; 
  5.7      (iii) for each commercial hoop net in inland waters, $1.25; 
  5.8      (iv) for each submerged fyke, trap, and hoop net in Lake 
  5.9   Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
  5.10  Namakan, and Sand Point lakes, and for each pound net in Lake 
  5.11  Superior, $15; 
  5.12     (v) for each stake and pound net in Lake of the Woods, $60; 
  5.13  and 
  5.14     (vi) for each set line in the Wisconsin boundary waters, 
  5.15  $20; and 
  5.16     (vii) for each trawl used in Lake Superior, $50.  
  5.17     Sec. 7.  [97C.007] [CRITICAL AQUATIC HABITAT.] 
  5.18     The commissioner shall acquire lands that are critical 
  5.19  habitat for fish and other aquatic life and that meet criteria 
  5.20  described for aquatic management areas in section 86A.05, 
  5.21  subdivision 14.  The lands that are acquired may be developed to 
  5.22  manage lakes, rivers, streams, and adjacent wetlands and lands 
  5.23  for aquatic life, water quality, intrinsic biological value, 
  5.24  public fishing, and other compatible outdoor recreational uses.  
  5.25  The lands may be acquired by gift, lease, easement, or 
  5.26  purchase.  The commissioner shall designate lands acquired under 
  5.27  this section as aquatic management areas for purposes of the 
  5.28  outdoor recreation system. 
  5.29     Sec. 8.  Minnesota Statutes 1996, section 97C.041, is 
  5.30  amended to read: 
  5.31     97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH.] 
  5.32     The commissioner may take rough fish, lake whitefish, and 
  5.33  rainbow smelt with seines, nets, and other devices.  The 
  5.34  commissioner may take catfish with seines, nets, and other 
  5.35  devices on the Minnesota-Wisconsin boundary waters.  The 
  5.36  commissioner may hire or contract persons, or issue permits, to 
  6.1   take the fish.  The commissioner shall prescribe the manner of 
  6.2   taking and disposal.  The commissioner may award a contract 
  6.3   under this section without competitive bidding.  Before 
  6.4   establishing the contractor's compensation, the commissioner 
  6.5   must consider the qualifications of the contractor, including 
  6.6   the contractor's equipment, knowledge of the waters, and ability 
  6.7   to perform the work.  
  6.8      Sec. 9.  Minnesota Statutes 1996, section 97C.501, 
  6.9   subdivision 1, is amended to read: 
  6.10     Subdivision 1.  [MINNOW RETAILERS.] (a) A person may not be 
  6.11  a minnow retailer without a minnow retailer license except as 
  6.12  provided in subdivision subdivisions 2, paragraph (d), and 3.  A 
  6.13  person must purchase a minnow retailer license for each minnow 
  6.14  retail outlet operated, except as provided under subdivision 2, 
  6.15  paragraph (d).  
  6.16     (b) A minnow retailer must obtain a minnow retailer's 
  6.17  vehicle license for each motor vehicle used by the minnow 
  6.18  retailer to transport more than 12 dozen minnows to the minnow 
  6.19  retailer's place of business, except as provided in subdivision 
  6.20  3.  A minnow retailer is not required to obtain a minnow 
  6.21  retailer's vehicle license if minnows are being transported by 
  6.22  common carrier and information is provided that allows the 
  6.23  commissioner to find out the location of the shipment in the 
  6.24  state. 
  6.25     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
  6.26  97C.501, subdivision 2, is amended to read: 
  6.27     Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
  6.28  minnow dealer without a minnow dealer license except as provided 
  6.29  in subdivision 3. 
  6.30     (b) A minnow dealer must obtain a minnow dealer's vehicle 
  6.31  license for each motor vehicle used to transport minnows.  The 
  6.32  serial number, motor vehicle license number, make, and model 
  6.33  must be on the license.  The license must be conspicuously 
  6.34  displayed in the vehicle.  
  6.35     (c) A minnow dealer may not transport minnows out of the 
  6.36  state without an exporting minnow dealer license.  A minnow 
  7.1   dealer must obtain an exporting minnow dealer's vehicle license 
  7.2   for each motor vehicle used to transport minnows out of the 
  7.3   state.  The serial number, motor vehicle license number, make, 
  7.4   and model must be on the license.  The license must be 
  7.5   conspicuously displayed in the vehicle.  
  7.6      (d) A person with a minnow dealer license may sell minnows 
  7.7   at one retail outlet.  A minnow dealer must obtain a minnow 
  7.8   retailer license for each additional retail outlet operated.  A 
  7.9   minnow dealer operating a retail outlet under a minnow dealer 
  7.10  license must provide the following information for the retail 
  7.11  outlet: 
  7.12     (1) the name of the business; 
  7.13     (2) the city, state, and zip code where the retail outlet 
  7.14  is located; and 
  7.15     (3) the legal description or fire number. 
  7.16     The retail outlet name and location may be changed by 
  7.17  making application to the commissioner.  
  7.18     Sec. 11.  Minnesota Statutes 1996, section 97C.605, 
  7.19  subdivision 1, is amended to read: 
  7.20     Subdivision 1.  [LICENSE REQUIRED.] A person may not take, 
  7.21  possess, buy, sell, or transport turtles without an angling 
  7.22  license.  
  7.23     Sec. 12.  Minnesota Statutes 1996, section 97C.605, 
  7.24  subdivision 2, is amended to read: 
  7.25     Subd. 2.  [SALES LICENSE.] (a) A person may not take, 
  7.26  possess, transport, or purchase turtles for sale without a 
  7.27  turtle seller's license, except as provided in this subdivision. 
  7.28     (b) A person does not need a turtle seller's license is not 
  7.29  required to buy turtles for retail sale to consumers: 
  7.30     (1) when buying turtles for retail sale at a location 
  7.31  licensed by the department of agriculture or health for sale or 
  7.32  preparation of food; 
  7.33     (2) of a person licensed by the department of agriculture 
  7.34  or health for sale or preparation of food; or 
  7.35     (3) of a person when buying turtle at a retail outlet; or 
  7.36     (3) when a nonresident buys turtles from licensed turtle 
  8.1   sellers for export out-of-state.  Shipping documents provided by 
  8.2   the turtle sellers shall accompany each shipment exported 
  8.3   out-of-state by nonresidents.  Shipping documents shall include: 
  8.4      (i) the name, address, city, state, and zip code of the 
  8.5   buyer; 
  8.6      (ii) the number of each species of turtle exported; and 
  8.7      (iii) the name and license number of the turtle seller.