HF 2945

as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 10:45am

A bill for an act
relating to natural resources; providing for general permits; modifying provisions
for taking wild animals; providing for taking wolves; modifying fees and
surcharges; modifying permit provisions for aquatic plant control; providing for
product stewardship program; eliminating loan program; eliminating certain
report requirements; appropriating money; amending Minnesota Statutes 2010,
sections 13.7411, subdivision 4; 84.0895, subdivision 7; 86B.415, subdivision
7; 97A.015, subdivision 53; 97A.401, subdivision 1; 97A.411, subdivision
1; 97A.435, subdivision 2; 97A.451, subdivisions 2, 3, 4, 5, by adding a
subdivision; 97A.473, subdivisions 2, 2b, 3, 4, 5, 5a; 97A.474, subdivision 2;
97A.475, subdivisions 2, 3, 4, 6, 8, 11, 12, 20, 43, 44, 45; 97A.485, subdivision
7; 97B.020; 97B.601, subdivision 4; 97B.603; 97B.605; 97B.715, subdivision
1; 97B.801; 97C.301, subdivision 3; 97C.305, subdivisions 1, 2; 103G.245,
subdivision 3; 103G.271, subdivision 1; 103G.301, subdivisions 2, 4, 5, 5a;
103G.611, by adding a subdivision; Minnesota Statutes 2011 Supplement,
sections 97A.075, by adding a subdivision; 97A.475, subdivision 7; 97B.645,
subdivision 9; 103G.615, subdivisions 1, 2; proposing coding for new law in
Minnesota Statutes, chapters 97B; 115A; repealing Minnesota Statutes 2010,
sections 84.946, subdivision 3; 86A.12, subdivision 5; 89.06; 90.042; 97A.451,
subdivisions 3a, 7; 97A.4742, subdivision 4; 103G.705, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 13.7411, subdivision 4, is amended to read:

Subd. 4.

Waste management.

(a) new text begin Product stewardship program. Proprietary data
submitted to the Pollution Control Agency under the product stewardship program are
classified under section 115A.146.
new text end

new text begin (b) new text end Transfer station data. Data received by a county or district from a transfer
station under section 115A.84, subdivision 5, are classified under that section.

deleted text begin (b) deleted text end new text begin (c) new text end Solid waste records. Records of solid waste facilities received, inspected,
or copied by a county pursuant to section 115A.882 are classified pursuant to section
115A.882, subdivision 3.

deleted text begin (c) deleted text end new text begin (d) new text end Customer lists. Customer lists provided to counties or cities by solid waste
collectors are classified under section 115A.93, subdivision 5.

Sec. 2.

Minnesota Statutes 2010, section 84.0895, subdivision 7, is amended to read:

Subd. 7.

General exceptions.

(a) The commissioner may new text begin issue permits and
new text end prescribe conditions for an act otherwise prohibited by subdivision 1 if:

(1) the act is for the purpose of zoological, educational, or scientific study;

(2) the act enhances the propagation or survival of the affected species;

(3) the act prevents injury to persons or property; or

(4) the social and economic benefits of the act outweigh the harm caused by it.

(b) new text begin The commissioner may issue a general permit to a governmental subdivision or
to the general public to conduct one or more acts described in paragraph (a).
new text end

new text begin (c) new text end A member of an endangered species may not be destroyed under new text begin paragraph (a), new text end
clause (3) or (4) new text begin , new text end until all alternatives, including live trapping and transplantation, have
been evaluated and rejected. The commissioner may prescribe conditions to propagate
a species or subspecies.

deleted text begin (c) deleted text end new text begin (d) new text end A person may capture or destroy a member of an endangered species, without
permit, to avoid an immediate and demonstrable threat to human life or property.

deleted text begin (d) deleted text end new text begin (e) new text end The commissioner must give approval under this subdivision for forest
management, including permit, sale, or lease of land for timber harvesting.

Sec. 3.

Minnesota Statutes 2010, section 86B.415, subdivision 7, is amended to read:

Subd. 7.

Watercraft surcharge.

A deleted text begin $5 deleted text end surcharge is placed on each watercraft
licensed under subdivisions 1 to 5 for control, public awareness, law enforcement,
monitoring, and research of aquatic invasive species such as zebra mussel, purple
loosestrife, and Eurasian water milfoil in public waters and public wetlands. new text begin The
surcharge is:
new text end

new text begin (1) $10 for watercraft licensed under subdivision 1, clause (2);
new text end

new text begin (2) $20 for watercraft licensed under subdivision 1, clause (6); and
new text end

new text begin (3) $25 for all other watercraft.
new text end

Sec. 4.

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. 5.

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 (18); 3, paragraph (a), clause (14); 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. 6.

Minnesota Statutes 2010, section 97A.401, subdivision 1, is amended to read:

Subdivision 1.

Commissioner's authority.

The commissioner may issue special
permits for the activities in this section. new text begin A special permit may be issued in the form of a
general permit to a governmental subdivision or to the general public to conduct one or
more activities under subdivisions 2 to 7.
new text end

Sec. 7.

Minnesota Statutes 2010, section 97A.411, subdivision 1, is amended to read:

Subdivision 1.

License period.

(a) Except as provided in paragraphs (b), (d), deleted text begin and deleted text end
(e), new text begin and (f), new text end a license is valid during the lawful time within the license year that the
licensed activity may be performed. Except as provided in deleted text begin paragraph deleted text end new text begin paragraphs new text end (c) new text begin and
(f) new text end , a license year begins on the first day of March and ends on the last day of February.

(b) A license issued under section 97A.475, subdivision new text begin 2, clause (4), (13), (14),
(15), or (17); 3, paragraph (a), clause (7), (10), (11), or (13); new text end 6, clause new text begin (4), new text end (5), deleted text begin 97A.475,
subdivision deleted text end new text begin (6), (7), or (8); new text end 7, clause (2), (3), (5), deleted text begin or deleted text end (6), or deleted text begin 97A.475, subdivision 12 deleted text end new text begin (9);
10; or 12 new text end , clause (2), is valid for the full license period even if this period extends into
the next license year, provided that the license period selected by the licensee begins
at the time of issuance.

(c) The license year for deleted text begin resident fishing, the angling portion of a sporting license,
nonresident fishing, deleted text end resident fish house, resident dark house, and nonresident fish house
begins on March 1 and ends on April 30 of the following year.

(d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the
lawful time within the license year that the licensed activity may be performed for the
lifetime of the licensee.

(e) A three-year fish house or dark house license is valid during the license year that
it is purchased and the two succeeding license years.

new text begin (f) A three-year individual angling license is valid during the license year in which it
is purchased and the two succeeding license years.
new text end

Sec. 8.

Minnesota Statutes 2010, section 97A.435, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

Persons eligible for a turkey license shall be determined by
this section and commissioner's rule. deleted text begin A person is eligible for a turkey license only if the
person is at least age 16 before the season opens, possesses a firearms safety certificate, or,
if under age 12, is accompanied by a parent or guardian.
deleted text end

Sec. 9.

Minnesota Statutes 2010, section 97A.451, subdivision 2, is amended to read:

Subd. 2.

Residents under age 16; fishing.

(a) A resident under the age of 16 years
may take fish without a license.

(b) A resident under the age of 16 may net ciscoes and whitefish for personal
consumption without the license required under section 97A.475, subdivision 13. A
resident netting ciscoes and whitefish under this paragraph must follow all other applicable
requirements for netting ciscoes and whitefish for personal consumption.

new text begin (c) A person's age at the time of purchase determines the type of license required
under section 97A.475.
new text end

Sec. 10.

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 deleted text begin must deleted text end new text begin
may not new text end obtain a small game license deleted text begin in order to deleted text end new text begin but may new text end take small game by firearms or
bow and arrow without deleted text begin paying the applicable fees under section 97A.475, subdivisions 2,
4, and 5, deleted text end new text begin a license new text end 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 game 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 trap 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 deleted text begin 12 may apply for a turkey license deleted text end new text begin 13 must obtain a free
turkey license to take turkey new text end 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 deleted text begin 12 deleted text end new text begin 13 new text end 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. 11.

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

new text begin Subd. 3b. new text end

new text begin Nonresidents under age 18; small game. new text end

new text begin (a) A nonresident age 16 or
over and under age 18 may take small game by firearms or archery and may obtain a small
game license at the resident fee under section 97A.475, subdivision 2, clause (2), if the
nonresident possesses a firearms safety certificate.
new text end

new text begin (b) A nonresident under age 16 may take small game by firearms or archery
without paying the applicable fees under section 97A.475, subdivisions 3, 4, and 5, if
the nonresident is:
new text end

new text begin (1) age 14 or 15 and possesses a firearms safety certificate;
new text end

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

new text begin (3) age 12 or under and is accompanied by a parent or guardian.
new text end

Sec. 12.

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

Subd. 4.

Persons under age deleted text begin 16 deleted text end new text begin 13 new text end ; big game.

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

deleted text begin (b) deleted text end A person age deleted text begin 10 or 11 deleted text end new text begin ten or over and under age 13 new text end may take big game new text begin , new text end provided
the person is under the direct supervision of a parent or guardian where the parent or
guardian is within immediate reach. deleted text begin Until 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 person age deleted text begin 10
or 11 deleted text end new text begin ten or over and under age 13 new text end must obtain a license in order to take big game and may
obtain the license without paying the fee required under section 97A.475, subdivision 2.

Sec. 13.

Minnesota Statutes 2010, section 97A.451, subdivision 5, is amended to read:

Subd. 5.

Nonresidents under age deleted text begin 16 deleted text end new text begin 18 new text end .

(a) A nonresident under deleted text begin the deleted text end age deleted text begin of deleted text end 16 may
deleted text begin take fish by angling deleted text end new text begin angle new text end without a license deleted text begin if a parent or guardian has a fishing license deleted text end new text begin ,
but fish must be immediately released or immediately returned to the water new text end . new text begin A nonresident
under age 16 may not harvest or possess fish unless the nonresident purchases a youth
fishing license under section 97A.475, subdivision 7, clause (8), or is accompanied by a
parent or guardian with a fishing license. new text end Fish taken by a nonresident under deleted text begin the deleted text end age deleted text begin of deleted text end 16
without a license must be included in the limit of the parent or guardian.

(b) A nonresident under age deleted text begin 16 deleted text end new text begin 18 new text end may purchase a new text begin youth new text end fishing license deleted text begin at the
resident fee or be included under a nonresident family license, deleted text end new text begin under section 97A.475,
subdivision 7, clause (8), to new text end take fish by angling deleted text begin , deleted text end and possess a limit of fish.

Sec. 14.

Minnesota Statutes 2010, section 97A.473, subdivision 2, is amended to read:

Subd. 2.

Lifetime angling license; fee.

(a) A resident lifetime angling license
authorizes a person to take fish by angling in the state. The license authorizes those
activities authorized by the annual resident angling license. The license does not include a
trout and salmon stamp validation, a walleye stamp validation, or other stamps required
by law.

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

(1) age 3 and under, deleted text begin $227 deleted text end new text begin $343 new text end ;

(2) age 4 to age 15, deleted text begin $300 deleted text end new text begin $473 new text end ;

(3) age 16 to age 50, deleted text begin $383 deleted text end new text begin $571 new text end ; and

(4) age 51 and over, deleted text begin $203 deleted text end new text begin $401 new text end .

Sec. 15.

Minnesota Statutes 2010, section 97A.473, subdivision 2b, is amended to read:

Subd. 2b.

Lifetime angling and spearing license; fee.

(a) A resident lifetime
angling and spearing license authorizes a person to take fish by angling or spearing in the
state. The license authorizes those activities authorized by the annual resident angling
and spearing licenses.

(b) The fees for a resident lifetime angling and spearing license are:

(1) age 3 and under, deleted text begin $485 deleted text end new text begin $601 new text end ;

(2) age 4 to age 15, deleted text begin $620 deleted text end new text begin $793 new text end ;

(3) age 16 to age 50, deleted text begin $755 deleted text end new text begin $943 new text end ; and

(4) age 51 and over, deleted text begin $376 deleted text end new text begin $574 new text end .

Sec. 16.

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 game in the state. The
license authorizes those hunting and trapping activities authorized by the annual resident
small game hunting and trapping licenses. 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, deleted text begin $217 deleted text end new text begin $223 new text end ;

(2) age 4 to age 15, deleted text begin $290 deleted text end new text begin $301 new text end ;

(3) age 16 to age 50, deleted text begin $363 deleted text end new text begin $430 new text end ; and

(4) age 51 and over, deleted text begin $213 deleted text end new text begin $274 new text end .

Sec. 17.

Minnesota Statutes 2010, section 97A.473, subdivision 4, is amended to read:

Subd. 4.

Lifetime deer hunting license; fee.

(a) A resident lifetime deer hunting
license authorizes a person to take deer with firearms or by archery in the state. The license
authorizes those activities authorized by the annual resident firearm deer hunting license
or the annual resident archery deer hunting license. The licensee must register and receive
tags each year that the license is used. The tags shall be issued at no charge to the licensee.

(b) The fees for a resident lifetime firearm or archery deer hunting license are:

(1) age 3 and under, deleted text begin $337 deleted text end new text begin $406 new text end ;

(2) age 4 to age 15, deleted text begin $450 deleted text end new text begin $538 new text end ;

(3) age 16 to age 50, deleted text begin $573 deleted text end new text begin $656 new text end ; and

(4) age 51 and over, deleted text begin $383 deleted text end new text begin $468 new text end .

Sec. 18.

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 game in the state. The
license authorizes those activities authorized by the annual resident angling, resident
small game hunting, and resident trapping licenses. 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, deleted text begin $357 deleted text end new text begin $567 new text end ;

(2) age 4 to age 15, deleted text begin $480 deleted text end new text begin $786 new text end ;

(3) age 16 to age 50, deleted text begin $613 deleted text end new text begin $924 new text end ; and

(4) age 51 and over, deleted text begin $413 deleted text end new text begin $668 new text end .

Sec. 19.

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 game in the state. The license authorizes those
activities authorized by the annual resident angling, spearing, resident small game hunting,
and resident trapping licenses. 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, deleted text begin $615 deleted text end new text begin $815 new text end ;

(2) age 4 to age 15, deleted text begin $800 deleted text end new text begin $906 new text end ;

(3) age 16 to age 50, deleted text begin $985 deleted text end new text begin $1,296 new text end ; and

(4) age 51 and over, deleted text begin $586 deleted text end new text begin $841 new text end .

Sec. 20.

Minnesota Statutes 2010, section 97A.474, subdivision 2, is amended to read:

Subd. 2.

Nonresident lifetime angling license; fee.

(a) A nonresident lifetime
angling license authorizes a person to take fish by angling in the state. The license
authorizes those activities authorized by the annual nonresident angling license. The
license does not include a trout and salmon stamp validation, a walleye stamp validation,
or other stamps required by law.

(b) The fees for a nonresident lifetime angling license are:

(1) age 3 and under, deleted text begin $447 deleted text end new text begin $726 new text end ;

(2) age 4 to age 15, deleted text begin $600 deleted text end new text begin $925 new text end ;

(3) age 16 to age 50, deleted text begin $773 deleted text end new text begin $1,054 new text end ; and

(4) age 51 and over, deleted text begin $513 deleted text end new text begin $702 new text end .

Sec. 21.

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, deleted text begin $12.50 deleted text end new text begin $15.50 new text end ;

(2) for persons deleted text begin ages 16 and 17 and deleted text end age 65 or over, deleted text begin $6 deleted text end new text begin $7 new text end to take small game;

(3) for persons age 18 or over to take turkey, deleted text begin $23 deleted text end new text begin $26 new text end ;

(4) for persons deleted text begin under deleted text end age new text begin 13 or over and under age new text end 18 to take turkey, deleted text begin $12 deleted text end new text begin $13 new text end ;

(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, deleted text begin $26 deleted text end new text begin $30 new text end ;

(6) for persons age 18 or over to take deer by archery, deleted text begin $26 deleted text end new text begin $30 new text end ;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, deleted text begin $26 deleted text end new text begin $30 new text end ;

(8) to take moose, for a party of not more than six persons, deleted text begin $310 deleted text end new text begin $356 new text end ;

(9) to take bear, deleted text begin $38 deleted text end new text begin $44 new text end ;

(10) to take elk, for a party of not more than two persons, deleted text begin $250 deleted text end new text begin $287 new text end ;

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

(12) to take prairie chickens, deleted text begin $20 deleted text end new text begin $23 new text end ;

(13) for persons new text begin age 13 or over and new text end under age 18 to take deer with firearms during
the regular firearms season, deleted text begin $13 deleted text end new text begin $15 new text end ;

(14) for persons new text begin age 13 or over and new text end under age 18 to take deer by archery, deleted text begin $13 deleted text end new text begin $15 new text end ; deleted text begin and
deleted text end

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

new text begin (16) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4 shall be deposited in the wildlife
acquisition account;
new text end

new text begin (17) for persons age 16 or over and under age 18 to take small game, $4.50; and
new text end

new text begin (18) to take wolf, $50.
new text end

Sec. 22.

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, deleted text begin $73 deleted text end new text begin $90.50 new text end ;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, deleted text begin $135 deleted text end new text begin $160 new text end ;

(3) for persons age 18 or over to take deer by archery, deleted text begin $135 deleted text end new text begin $160 new text end ;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, deleted text begin $135 deleted text end new text begin $160 new text end ;

(5) to take bear, deleted text begin $195 deleted text end new text begin $225 new text end ;

(6) for persons age 18 deleted text begin and older deleted text end new text begin or over new text end to take turkey, deleted text begin $78 deleted text end new text begin $91 new text end ;

(7) for persons new text begin age 13 or over and new text end under age 18 to take turkey, deleted text begin $12 deleted text end new text begin $13 new text end ;

(8) to take raccoon or bobcat, deleted text begin $155 deleted text end new text begin $178 new text end ;

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

(10) for persons new text begin age 13 or over and new text end under age 18 to take deer with firearms during
the regular firearms season in any open season option or time period, deleted text begin $13 deleted text end new text begin $15 new text end ;

(11) for persons new text begin age 13 or over and new text end under age 18 to take deer by archery, deleted text begin $13 deleted text end new text begin $15 new text end ; deleted text begin and
deleted text end

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

new text begin (13) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4 shall be deposited into the
wildlife acquisition account; and
new text end

new text begin (14) to take wolf, $230.
new text end

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to new text begin (6) and new text end (8). An additional commission may not be assessed
on this surcharge.

Sec. 23.

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

Subd. 4.

Small game surcharge.

Fees for annual licenses to take small game
must be increased by a surcharge of $6.50 new text begin , except licenses under subdivisions 2, clause
(16); and 3, paragraph (a), clause (13) new text end . 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."

Sec. 24.

Minnesota Statutes 2010, section 97A.475, subdivision 6, is amended to read:

Subd. 6.

Resident fishing.

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

(1) new text begin for persons age 18 or over new text end to take fish by angling, deleted text begin $17 deleted text end new text begin $24 new text end ;

(2) new text begin for persons age 18 or over new text end to take fish by angling, for a combined license for a
married couple, deleted text begin $25 deleted text end new text begin $40 new text end ;

(3) new text begin for persons age 18 or over new text end to take fish by spearing from a dark house, deleted text begin $17 deleted text end new text begin
$18 new text end ; deleted text begin and
deleted text end

(4) new text begin for persons age 18 or over new text end to take fish by angling for a 24-hour period selected
by the licensee, deleted text begin $8.50. deleted text end new text begin $10;
new text end

new text begin (5) for persons age 18 or over to take fish by angling for a consecutive 72-hour
period selected by the licensee, $12;
new text end

new text begin (6) for persons age 18 or over to take fish by angling limited to 90 consecutive
days selected by the licensee, $18;
new text end

new text begin (7) for persons age 18 or over to take fish by angling for a period of three consecutive
years, $69;
new text end

new text begin (8) for persons age 16 or over and under age 18 to take fish by angling, $12;
new text end

new text begin (9) for persons age 16 or over and under age 18 to take fish by spearing, $9; and
new text end

new text begin (10) for persons age 18 or over to take fish by angling and spearing, $36.
new text end

Sec. 25.

Minnesota Statutes 2011 Supplement, section 97A.475, subdivision 7, is
amended to read:

Subd. 7.

Nonresident fishing.

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

(1) new text begin for persons age 18 or over new text end to take fish by angling, deleted text begin $37.50 deleted text end new text begin $39 new text end ;

(2) new text begin for persons age 18 or over new text end to take fish by angling new text begin for a combined license for a
married couple, new text end limited to seven consecutive days selected by the licensee, deleted text begin $26.50 deleted text end new text begin $33 new text end ;

(3) new text begin for persons age 18 or over new text end to take fish by angling for a new text begin consecutive new text end 72-hour
period selected by the licensee, deleted text begin $22 deleted text end new text begin $27 new text end ;

(4) new text begin for persons age 18 or over new text end to take fish by angling for a combined license for a
family for one or both parents and dependent children under the age of 16, deleted text begin $50.50 deleted text end new text begin $53 new text end ;

(5) new text begin for persons age 18 or over new text end to take fish by angling for a 24-hour period selected
by the licensee, deleted text begin $8.50 deleted text end new text begin $12 new text end ;

(6) new text begin for persons age 18 or over new text end to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days selected by one of the licensees, deleted text begin $38.50 deleted text end new text begin
$43 new text end ; deleted text begin and
deleted text end

(7) new text begin for persons age 18 or over new text end to take fish by spearing from a dark house, $37.50 deleted text begin . deleted text end new text begin ;
new text end

new text begin (8) for persons age 16 or over and under age 18 to take fish by angling, $12;
new text end

new text begin (9) for persons age 16 or over and under age 18 to take fish by spearing from a
dark house, $9; and
new text end

new text begin (10) for persons age 18 or over to take fish by angling, limited to seven consecutive
days selected by the licensee, $29.
new text end

(b) A deleted text begin $2 deleted text end new text begin $5 new text end surcharge shall be added to all nonresident fishing licenses, except
licenses issued under paragraph (a), deleted text begin clause deleted text end new text begin clauses new text end (5), new text begin (8), and (9), new text end and licenses purchased
at the resident fee by nonresidents under age 16 under section 97A.451, subdivision 5,
paragraph (b). An additional commission may not be assessed on this surcharge.

Sec. 26.

Minnesota Statutes 2010, section 97A.475, subdivision 8, is amended to read:

Subd. 8.

Minnesota sporting new text begin ; super sports new text end .

new text begin (a) new text end The commissioner shall issue
Minnesota sporting licenses to residents only. The licensee may take fish by angling
and small game. The fee for the license is:

(1) for an individual, deleted text begin $23 deleted text end new text begin $36.50 new text end ; and

(2) for a combined license for a married couple to take fish and for one spouse
to take small game, deleted text begin $32 deleted text end new text begin $52.50 new text end .

new text begin (b) The commissioner shall issue Minnesota super sports licenses to residents only.
The licensee may take fish by angling, including trout; small game, including pheasant
and waterfowl; and deer. The fee for the super sports license, including all required stamp
validations, is:
new text end

new text begin (1) for an individual age 18 or over, $92.50; and
new text end

new text begin (2) for a combined license for a married couple as defined in section 517.01 to take
fish, including the trout and salmon stamp validation, and for one spouse to take small
game, including pheasant and waterfowl, and deer, $118.50.
new text end

new text begin (c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
according to section 97A.075, subdivisions 2, 3, and 4.
new text end

new text begin (d) Revenue for the deer dedicated accounts from the deer license endorsement
under paragraph (b) shall be deposited according to section 97A.075, subdivision 1.
new text end

Sec. 27.

Minnesota Statutes 2010, section 97A.475, subdivision 11, is amended to read:

Subd. 11.

Fish houses, dark houses, and shelters; residents.

Fees for the
following licenses are:

(1) annual for a fish house, dark house, or shelter that is not rented, deleted text begin $11.50 deleted text end new text begin $15 new text end ;

(2) annual for a fish house, dark house, or shelter that is rented, deleted text begin $26 deleted text end new text begin $30 new text end ;

(3) three-year for a fish house, dark house, or shelter that is not rented, deleted text begin $34.50 deleted text end new text begin
$42 new text end ; and

(4) three-year for a fish house, dark house, or shelter that is rented, deleted text begin $78 deleted text end new text begin $87 new text end .

Sec. 28.

Minnesota Statutes 2010, section 97A.475, subdivision 12, is amended to read:

Subd. 12.

Fish houses, dark houses, and shelters; nonresident.

Fees for fish
house, dark house, and shelter licenses for a nonresident are:

(1) annual, deleted text begin $33 deleted text end new text begin $37 new text end ;

(2) seven consecutive days, deleted text begin $19 deleted text end new text begin selected by the licensee, $21 new text end ; and

(3) three-year, deleted text begin $99 deleted text end new text begin $111 new text end .

Sec. 29.

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

Subd. 20.

Trapping deleted text begin license deleted text end new text begin licenses new text end .

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

(1) for residents over age 13 and under age 18, deleted text begin $6 deleted text end new text begin $7 new text end ;

(2) for residents age 18 or over and under age 65, deleted text begin $20 deleted text end new text begin $23 new text end ;

(3) for residents age 65 or over, deleted text begin $10 deleted text end new text begin $11.50 new text end ; and

(4) for nonresidents, deleted text begin $73 deleted text end new text begin $84 new text end .

new text begin (b) The fee for a license to trap wolves is $50, to be issued to residents only.
new text end

Sec. 30.

Minnesota Statutes 2010, section 97A.475, subdivision 43, is amended to read:

Subd. 43.

Duplicate licenses.

The fees for duplicate licenses are:

(1) for licenses to take big game, $5 new text begin , except licenses issued under subdivision 8,
paragraph (b) new text end ; and

(2) for other licenses, $2.

Sec. 31.

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

Subd. 44.

Replacement licenses.

The fee for a replacement firearms deer license
is $5 new text begin , except there is no fee for replacing a deer license issued under subdivision 8,
paragraph (b) new text end .

Sec. 32.

Minnesota Statutes 2010, section 97A.475, subdivision 45, is amended to read:

Subd. 45.

Camp Ripley archery deer hunt.

The application fee for the Camp
Ripley archery deer hunt is deleted text begin $8 deleted text end new text begin $12 new text end .

Sec. 33.

Minnesota Statutes 2010, section 97A.485, subdivision 7, is amended to read:

Subd. 7.

Electronic licensing system commission.

The commissioner shall retain
for the operation of the electronic licensing system the commission established under
section 84.027, subdivision 15, and issuing fees collected by the commissioner on all
license fees deleted text begin collected, excluding: deleted text end new text begin .
new text end

deleted text begin (1) the small game surcharge;
deleted text end

deleted text begin (2) the deer license surcharges or donations under section 97A.475, subdivisions 3,
paragraph (b), and 3a; and
deleted text end

deleted text begin (3) $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6,
clauses (1), (2), and (4), 7, 8, 12, and 13.
deleted text end

Sec. 34.

Minnesota Statutes 2010, section 97B.020, is amended to read:

97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.

(a) Except as provided in this section and section 97A.451, subdivision deleted text begin 3a deleted text end new text begin 3b new text end , a
person born after December 31, 1979, may not obtain an annual license to take wild
animals by firearms unless the person has:

(1) a firearms safety certificate or equivalent certificate;

(2) a driver's license or identification card with a valid firearms safety qualification
indicator issued under section 171.07, subdivision 13;

(3) a previous hunting license with a valid firearms safety qualification indicator;

(4) an apprentice hunter validation issued under section 97B.022; or

(5) other evidence indicating that the person has completed in this state or in another
state a hunter safety course recognized by the department under a reciprocity agreement or
certified by the department as substantially similar.

(b) A person who is on active duty and has successfully completed basic training
in the United States armed forces, reserve component, or National Guard may obtain a
hunting license or approval authorizing hunting regardless of whether the person is issued
a firearms safety certificate.

(c) A person born after December 31, 1979, may not use a lifetime license to take
wild animals by firearms, unless the person meets the requirements for obtaining an annual
license under paragraph (a) or (b).

Sec. 35.

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 game new text begin , other than wolves, new text end without a small game license, and a resident under age
13 may trap new 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 game new 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 begin wolf, new text end turkey new text begin , new text end or deleted text begin a deleted text end prairie chicken without a small game
license.

Sec. 36.

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

97B.603 TAKING SMALL GAME AS A PARTY.

new text begin (a) new text end While 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 end This section does not apply to deleted text begin the deleted text end hunting deleted text begin of deleted text end new text begin wolves, new text end migratory game birds new text begin , new text end or
turkeys, except that a licensed turkey hunter may assist another licensed turkey hunter new 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 turkey new text begin or wolf new text end for the other hunter.

Sec. 37.

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. 38.

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 begin gray deleted text end wolves until after the
deleted text begin gray deleted 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 begin gray deleted text end wolves but
must provide opportunity for public comment.

Sec. 39.

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 commissioner may by rule prescribe the open seasons for
wolves.
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. 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. 40.

Minnesota Statutes 2010, section 97B.715, subdivision 1, is amended to read:

Subdivision 1.

Stamp required.

(a) Except as provided in paragraph (b) or section
97A.405, subdivision 2, a person required to possess a small game license may not hunt
pheasants without a pheasant stamp validation.

(b) The following persons are exempt from this subdivision:

(1) residents new text begin or nonresidents new text end under age 18 deleted text begin or deleted text end new text begin and residents new text end over age 65;

(2) persons hunting on licensed commercial shooting preserves; deleted text begin and
deleted text end

(3) resident disabled veterans with a license issued under section 97A.441,
subdivision 6a deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) residents or nonresidents hunting on a license issued under section 97A.475,
subdivision 2, clause (16), or 3, paragraph (a), clause (13).
new text end

Sec. 41.

Minnesota Statutes 2010, section 97B.801, is amended to read:

97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.

(a) Except as provided in this section or section 97A.405, subdivision 2, a person
required to possess a small game license may not take migratory waterfowl without a
migratory waterfowl stamp validation.

(b) Residents under age 18 or over age 65; resident disabled veterans with a license
issued under section 97A.441, subdivision 6a; and persons hunting on their own property
are not required to possess a stamp validation under this section.

new text begin (c) Residents or nonresidents with a license issued under section 97A.475,
subdivision 2, clause (16), or 3, paragraph (a), clause (13), are not required to possess a
stamp validation under this section.
new text end

Sec. 42.

Minnesota Statutes 2010, section 97C.301, subdivision 3, is amended to read:

Subd. 3.

Spearing.

A person may not take fish by spearing from a dark house
without a dark house spearing license deleted text begin and an angling license deleted text end .

Sec. 43.

Minnesota Statutes 2010, section 97C.305, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

Except as provided in subdivision 2 or section
97A.405, subdivision 2, a person over age deleted text begin 16 deleted text end new text begin 18 new text end and under age 65 required to possess an
angling license must have a trout and salmon stamp validation to:

(1) take fish by angling in:

(i) a stream designated by the commissioner as a trout stream;

(ii) a lake designated by the commissioner as a trout lake; or

(iii) Lake Superior; or

(2) possess trout or salmon taken in the state by angling.

Sec. 44.

Minnesota Statutes 2010, section 97C.305, subdivision 2, is amended to read:

Subd. 2.

Exception.

A trout and salmon stamp validation is not required to take fish
by angling or to possess trout and salmon if:

(1) the person:

(i) possesses a license to take fish by angling for a period of 24 hours new text begin or 72 hours new text end
from the time of issuance under section 97A.475, subdivision 6, clause new text begin (4) or new text end (5) deleted text begin , deleted text end new text begin ; new text end or
deleted text begin subdivision deleted text end 7, clause new text begin (3) or new text end (5), and

(ii) is taking fish by angling, or the trout or salmon were taken by the person, during
the period the license is valid;

(2) the person is taking fish, or the trout or salmon were taken by the person, as
authorized under section 97C.035; or

(3) the person has a valid license issued under section 97A.441, subdivision 1, 2,
3, 4, or 5.

Sec. 45.

Minnesota Statutes 2010, section 103G.245, subdivision 3, is amended to read:

Subd. 3.

Permit application.

Application for a public waters work permit must
be in writing to the commissioner on forms prescribed by the commissioner. The
commissioner may issue a state general permit to a governmental subdivision or to the
general public deleted text begin for classes of activities having minimal impact upon public waters deleted text end under
which more than one project may be conducted under a single permit.

Sec. 46.

Minnesota Statutes 2010, section 103G.271, subdivision 1, is amended to read:

Subdivision 1.

Permit required.

(a) Except as provided in paragraph (b), the state,
a person, partnership, or association, private or public corporation, county, municipality,
or other political subdivision of the state may not appropriate or use waters of the state
without a water use permit from the commissioner.

(b) This section does not apply to use for a water supply by less than 25 persons for
domestic purposes.

(c) The commissioner may issue a state general permit for appropriation of water
to a governmental subdivision or to the general public deleted text begin for classes of activities that have
minimal impact upon waters of the state deleted text end . The general permit may authorize more than
one project and the appropriation or use of more than one source of water. Water use
permit processing fees and reports required under subdivision 6 and section 103G.281,
subdivision 3, are required for each project or water source that is included under a
general permit, except that no fee is required for uses totaling less than 15,000,000 gallons
annually.

Sec. 47.

Minnesota Statutes 2010, section 103G.301, subdivision 2, is amended to read:

Subd. 2.

Permit application new text begin and notification new text end fees.

(a) A deleted text begin permit application deleted text end fee
to defray the costs of receiving, recording, and processing deleted text begin the application deleted text end must be paid
for a permit new text begin application new text end authorized under this chapter deleted text begin and deleted text end new text begin , except for a general permit
application, new text end for each request to amend or transfer an existing permit new text begin , and for a notification
to request authorization to conduct a project under a general permit new text end . Fees established
under this subdivision, unless specified in paragraph (c), shall be compliant with section
16A.1285.

(b) Proposed projects that require water in excess of 100 million gallons per year
must be assessed fees to recover the costs incurred to evaluate the project and the costs
incurred for environmental review. Fees collected under this paragraph must be credited
to an account in the natural resources fund and are appropriated to the commissioner.

(c) The fee to apply for a permit to appropriate water, in addition to any fee under
paragraph (b) deleted text begin ; deleted text end new text begin , and for new text end a permit to construct or repair a dam that is subject to dam safety
inspection deleted text begin ; or a state general permit deleted text end is $150. The application fee for a permit to work in
public waters or to divert waters for mining must be at least $150, but not more than
$1,000. new text begin The fee for a notification to request authorization to conduct a project under a
general permit is $100.
new text end

Sec. 48.

Minnesota Statutes 2010, section 103G.301, subdivision 4, is amended to read:

Subd. 4.

Refund of fees prohibited.

A permit application new text begin , general permit
notification, new text end or field inspection fee may not be refunded for any reason, even if the
application new text begin or request new text end is denied or withdrawn.

Sec. 49.

Minnesota Statutes 2010, section 103G.301, subdivision 5, is amended to read:

Subd. 5.

State and federal agencies exempt from fee.

A permit application new text begin ,
general permit notification, new text end or field inspection fee may not be imposed on any state agency,
as defined in section 16B.01, or federal governmental agency applying for a permit.

Sec. 50.

Minnesota Statutes 2010, section 103G.301, subdivision 5a, is amended to
read:

Subd. 5a.

Town fees limited.

Notwithstanding this section or any other law, no
permit application new text begin , general permit notification, new text end or field inspection fee charged to a town
in connection with the construction or alteration of a town road, bridge, or culvert shall
exceed $100.

Sec. 51.

Minnesota Statutes 2010, section 103G.611, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin General permits. new text end

new text begin The commissioner may issue a general permit to
a governmental subdivision or to the general public to conduct one or more projects
described in subdivision 1. A fee of $100 may be charged for each aeration system used
under a general permit.
new text end

Sec. 52.

Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 1,
is amended to read:

Subdivision 1.

Issuance; validity.

(a) new text begin The commissioner may issue a state general
permit to a governmental subdivision or to the general public to conduct one or more
projects described in this subdivision. new text end The commissioner may issue permits, with or
without a fee, to:

(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
waters;

(2) transplant aquatic plants into public waters;

(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation,
other forms of aquatic life, and the public.

(b) Application for a permit new text begin and a notification to request authorization to conduct a
project under a general permit new text end must be accompanied by a deleted text begin permit deleted text end fee, if required.

(c) An aquatic plant management permit is valid for one growing season and expires
on December 31 of the year it is issued unless the commissioner stipulates a different
expiration date in rule or in the permit.

new text begin (d) A general permit may authorize a project for more than one growing season.
new text end

Sec. 53.

Minnesota Statutes 2011 Supplement, section 103G.615, subdivision 2,
is amended to read:

Subd. 2.

Fees.

(a) deleted text begin The commissioner shall establish a fee schedule for permits to
control or harvest aquatic plants other than wild rice. The fees must be set by rule, and
section 16A.1283 does not apply, but the rule must not take effect until 45 legislative days
after it has been reported to the legislature. The fees shall not exceed $2,500 per permit
and shall be based upon the cost of receiving, processing, analyzing, and issuing the
permit, and additional costs incurred after the application to inspect and monitor the
activities authorized by the permit, and enforce aquatic plant management rules and permit
requirements. deleted text end new text begin Fees shall be based upon:
new text end

new text begin (1) the cost of receiving, processing, analyzing, and issuing a permit; and
new text end

new text begin (2) additional costs incurred after the application to inspect and monitor the activities
authorized by the permit and to enforce aquatic plant management rules and permit
requirements.
new text end

(b) deleted text begin A fee for a permit for the deleted text end new text begin When application is made to control two or more
shoreline nuisance conditions, only the larger fee applies. A permit application fee, in the
form of a check or money order payable to the Department of Natural Resources, must
accompany each permit application when required by the following fee schedule:
new text end

new text begin (1) to new text end control deleted text begin of rooted deleted text end aquatic deleted text begin vegetation deleted text end new text begin plants by pesticide or mechanical
means, $90 new text end for each contiguous parcel of shoreline owned by an owner deleted text begin may be charged deleted text end new text begin ,
including a permit valid for three years new text end . This fee may not be charged for deleted text begin permits issued
in connection with deleted text end purple loosestrife control or lakewide deleted text begin Eurasian water milfoil control
programs. deleted text end new text begin or baywide invasive aquatic plant management permits;
new text end

new text begin (2) to control filamentous algae, snails that carry swimmer's itch, or leeches, singly
or in combination, $40 for each contiguous parcel of shoreline with a distinct owner;
new text end

new text begin (3) for offshore control of submersed aquatic plants by pesticide or mechanical
means, $90;
new text end

new text begin (4) to control plankton algae or free-floating aquatic plants by lakewide or baywide
application of approved pesticides, $90;
new text end

new text begin (5) for the control of rooted aquatic vegetation in a public water basin that is 20 acres
or less in size, one-half of the fee established under clause (1);
new text end

new text begin (6) for a commercial mechanical control permit, $100 annually; and
new text end

new text begin (7) for a commercial harvest permit, $100 plus $300 for each public water listed on
the application that requires an inspection. An inspection is required for waters with no
previous permit history and may be required at other times to monitor the status of the
aquatic plant population.
new text end

(c) deleted text begin A fee may not be charged to deleted text end new text begin There is not permit fee for:
new text end

new text begin (1) permits to transplant aquatic plants in public waters;
new text end

new text begin (2) permits to move or remove a floating bog in public waters if the floating bog is
lodged against the permittee's property and has not taken root;
new text end

new text begin (3) permits to control purple loosestrife (Lythrum salicaria);
new text end

new text begin (4) invasive aquatic plant management permits; or
new text end

new text begin (5) permits applied for by new text end the state or a federal governmental agency deleted text begin applying for
a permit deleted text end .

(d) deleted text begin A fee for a permit for the control of rooted aquatic vegetation in a public water
basin that is 20 acres or less in size shall be one-half of the fee established under paragraph
(a). deleted text end new text begin If the fee does not accompany the application, the commissioner shall notify the
applicant and no action shall be taken on the application until the fee is received.
new text end

(e) new text begin The fee is refundable only when the application is withdrawn prior to field
inspection or issuance or denial of the permit or when the commissioner determines that
the activity does not require a permit.
new text end

new text begin (f) new text end The money received for the permits under this subdivision shall be deposited in
the deleted text begin treasury and credited to the deleted text end water recreation account new text begin in the natural resources fund new text end .

new text begin (g) The fee for processing a notification to request authorization for work under a
general permit is $30, unless the commissioner establishes a fee by rule as provided
under this subdivision.
new text end

Sec. 54.

new text begin [115A.141] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 115A.141 to 115A.148, the
terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Architectural paint. new text end

new text begin "Architectural paint" means interior and exterior
architectural coatings sold in containers of five gallons or less. Architectural paint does
not include industrial coatings, original equipment coatings, or specialty coatings.
new text end

new text begin Subd. 3. new text end

new text begin Brand. new text end

new text begin "Brand" means a name, symbol, word, or mark that identifies the
designated product, rather than its components, and attributes the product to the owner
or licensee of the brand as the producer.
new text end

new text begin Subd. 4. new text end

new text begin Designated product. new text end

new text begin "Designated product" means a product listed under
section 115A.142.
new text end

new text begin Subd. 5. new text end

new text begin Discarded product. new text end

new text begin "Discarded product" means a designated product that
is no longer used for its manufactured purpose.
new text end

new text begin Subd. 6. new text end

new text begin Producer. new text end

new text begin "Producer" means a person that:
new text end

new text begin (1) has legal ownership of the brand, brand name, or cobrand of a designated
product sold in the state;
new text end

new text begin (2) imports a designated product branded by a producer that meets clause (1) when
the producer has no physical presence in the United States;
new text end

new text begin (3) if clauses (1) and (2) do not apply, makes an unbranded designated product
that is sold in the state; or
new text end

new text begin (4) sells a designated product at wholesale or retail, does not have legal ownership of
the brand, and elects to fulfill the responsibilities of the producer for the product.
new text end

new text begin Subd. 7. new text end

new text begin Recycling. new text end

new text begin "Recycling" means the process of collecting and preparing
recyclable materials and reusing the materials in their original form or using them in
manufacturing processes that do not cause the destruction of recyclable materials in a
manner that precludes further use.
new text end

new text begin Subd. 8. new text end

new text begin Retailer. new text end

new text begin "Retailer" means any person who offers designated products for
sale at retail in the state.
new text end

new text begin Subd. 9. new text end

new text begin Reuse. new text end

new text begin "Reuse" means donating or selling a collected designated product
back into the market for its original intended use, when the designated product retains its
original purpose and performance characteristics.
new text end

new text begin Subd. 10. new text end

new text begin Sale or sell. new text end

new text begin "Sale" or "sell" means transfer of title of a designated product
for consideration, including a remote sale conducted through a sales outlet, catalog, Web
site, or similar electronic means. For purposes of sections 115A.141 to 115A.148, sale or
sell includes a lease through which a designated product is provided to a consumer by a
producer, wholesaler, or retailer.
new text end

new text begin Subd. 11. new text end

new text begin Stewardship assessment. new text end

new text begin "Stewardship assessment" means the amount
added to the purchase price of a designated product sold in the state that is necessary
to cover the cost of collecting, transporting, and processing postconsumer designated
products by the producer or stewardship organization pursuant to a product stewardship
program.
new text end

new text begin Subd. 12. new text end

new text begin Stewardship organization. new text end

new text begin "Stewardship organization" means an
organization appointed by one or more producers to act as an agent on behalf of the
producer to design, submit, and administer a product stewardship program under sections
115A.141 to 115A.148.
new text end

new text begin Subd. 13. new text end

new text begin Stewardship plan. new text end

new text begin "Stewardship plan" means a detailed plan describing
the manner in which a product stewardship program under section 115A.143 will be
implemented.
new text end

Sec. 55.

new text begin [115A.142] DESIGNATED PRODUCT.
new text end

new text begin Architectural paint is a designated product under sections 115A.141 to 115A.148.
new text end

Sec. 56.

new text begin [115A.143] PRODUCT STEWARDSHIP PROGRAM.
new text end

new text begin For each designated product sold in the state, producers must, individually
or through a stewardship organization, implement and finance a statewide product
stewardship program that manages the designated products by reducing the product's
waste generation, promoting its reuse and recycling, and providing for negotiation and
execution of agreements to collect, transport, and process the product for end-of-life
recycling and reuse.
new text end

Sec. 57.

new text begin [115A.144] PARTICIPATION IN PRODUCT STEWARDSHIP
PROGRAM; STEWARDSHIP PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement for sale. new text end

new text begin (a) On and after January 1, 2014, no producer,
wholesaler, or retailer may sell or offer for sale in the state a designated product unless the
product's producer participates in an approved stewardship plan, either individually or
through a stewardship organization.
new text end

new text begin (b) Each producer must operate a product stewardship program approved by the
agency or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
new text end

new text begin Subd. 2. new text end

new text begin Requirement to submit plan. new text end

new text begin (a) Before offering a designated product
for sale in the state, a producer must submit a stewardship plan to the agency and receive
approval of the plan or must submit documentation to the agency that demonstrates the
producer has entered into an agreement with a stewardship organization to be an active
participant in an approved product stewardship program. A stewardship plan must include
all elements required under subdivision 3.
new text end

new text begin (b) Starting July 1, 2013, and every three years thereafter, a producer or stewardship
organization operating a product stewardship program must update the stewardship plan
and submit the updated plan to the agency for review and approval.
new text end

new text begin (c) It is the responsibility of the entities responsible for each stewardship plan to
notify the agency within 30 days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a written plan revision must be
submitted to the agency for review and approval.
new text end

new text begin Subd. 3. new text end

new text begin Stewardship plan content. new text end

new text begin A stewardship plan must contain:
new text end

new text begin (1) certification that the product stewardship program will accept all discarded
product regardless of which producer produced the designated product and its individual
components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan and for
all producers participating in the product stewardship program;
new text end

new text begin (3) a description of the methods by which the discarded product will be collected
in all areas in the state without relying on end-of-life fees, including an explanation of
how the collection system will be convenient and adequate to serve the needs of small
businesses and residents in both urban and rural areas on an ongoing basis;
new text end

new text begin (4) a description of how the adequacy of the collection program will be monitored
and maintained;
new text end

new text begin (5) the names and locations of collectors, transporters, and recycling facilities that
will manage discarded products;
new text end

new text begin (6) a description of how the discarded products and the products' components will
be safely and securely transported, tracked, and handled from collection through final
recycling and processing;
new text end

new text begin (7) a description of the method to be used to reuse, deconstruct, or recycle the
discarded products to ensure that the products' components, to the extent feasible, are
transformed or remanufactured into finished products for use;
new text end

new text begin (8) a description of the promotion and outreach activities that will be used to
encourage participation in the collection and recycling programs and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
new text end

new text begin (9) the proposed stewardship assessment. The producer or stewardship organization
shall propose a uniform stewardship assessment for any designated product sold in the
state. The proposed stewardship assessment shall be reviewed by an independent auditor
to ensure that the assessment does not exceed the costs of the product stewardship program
and the independent auditor shall recommend an amount for the stewardship assessment.
The agency must approve the stewardship assessment;
new text end

new text begin (10) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
new text end

new text begin (11) five-year performance goals, including an estimate of the percentage of
discarded product that will be collected, reused, and recycled during each of the first five
years of the stewardship plan. The performance goals must include a specific escalating
goal for the amount of discarded product that will be collected and recycled and reused
during each year of the plan. The performance goals must be based on:
new text end

new text begin (i) the most recent collection data available for the state;
new text end

new text begin (ii) the amount of designated product disposed of annually;
new text end

new text begin (iii) the weight of the designated product that is expected to be available for
collection annually; and
new text end

new text begin (iv) actual collection data from other existing programs.
new text end

new text begin The stewardship plan must state the methodology used to determine these goals;
new text end

new text begin (12) product design changes, if applicable, that will be considered to reduce
toxicity, water use, or energy use or to increase recycled content, recyclability, or product
longevity; and
new text end

new text begin (13) a discussion of market development opportunities to expand use of recovered
product, with consideration of expansion of processing activity proximate to areas of
collection.
new text end

new text begin Subd. 4. new text end

new text begin Consultation required. new text end

new text begin (a) Each stewardship organization or individual
producer submitting a stewardship plan must consult with stakeholders including retailers,
collectors, recyclers, local government, customers, and citizens during the development of
the plan, solicit stakeholder comments, and attempt to address any stakeholder concerns
regarding the plan before submitting the plan to the agency for review.
new text end

new text begin (b) The producer or stewardship organization must invite comments from local
governments, communities, and citizens to report their satisfaction with services, including
education and outreach, provided by the product stewardship program. The information
must be submitted to the agency and used by the agency in reviewing proposed updates or
changes to the stewardship plan.
new text end

new text begin Subd. 5. new text end

new text begin Agency review and approval. new text end

new text begin (a) Within 90 days after receipt of a
proposed stewardship plan, the agency shall determine whether the plan complies with
subdivision 3. If the agency approves a plan, the agency shall notify the applicant of the
plan approval in writing. If the agency rejects a plan, the agency shall notify the applicant
in writing of the reasons for rejecting the plan. An applicant whose plan is rejected by
the agency must submit a revised plan to the agency within 60 days after receiving
notice of rejection.
new text end

new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency
in writing.
new text end

new text begin Subd. 6. new text end

new text begin Plan availability. new text end

new text begin All stewardship plans approved by the agency shall be
placed on the agency's Web site and made available at the agency's headquarters for public
review within 30 days of the agency's approval.
new text end

Sec. 58.

new text begin [115A.1445] CONDUCT AUTHORIZED.
new text end

new text begin A producer or stewardship organization that organizes collection, transport, and
processing of designated products under section 115A.143 is immune from liability for
the conduct under state laws relating to antitrust, restraint of trade, unfair trade practices,
and other regulation of trade or commerce only to the extent that the conduct is necessary
to plan and implement the producer's or organization's chosen organized collection or
recycling system.
new text end

Sec. 59.

new text begin [115A.145] RESPONSIBILITY OF PRODUCERS.
new text end

new text begin (a) On and after the date of implementation of a product stewardship program
according to section 115A.143, a producer must add the stewardship assessment, as
established according to section 115A.144, subdivision 3, clause (9), to the cost of the
designated product sold to retailers and distributors in the state by the producer.
new text end

new text begin (b) Producers or the stewardship organization shall provide consumers with
educational materials regarding the stewardship assessment and product stewardship
program. The materials must include, but are not limited to, information regarding
available end-of-life management options for each designated product offered through
the product stewardship program and information that notifies consumers that a charge
for the operation of the product stewardship program is included in the purchase price
of designated products sold in the state.
new text end

Sec. 60.

new text begin [115A.1455] RESPONSIBILITY OF RETAILERS.
new text end

new text begin (a) On and after January 1, 2014, no designated product may be sold in the state
unless the product's producer is participating in an approved stewardship plan.
new text end

new text begin (b) On and after the implementation date of a product stewardship program according
to section 115A.143, each retailer or distributor, as applicable, must add the amount of the
stewardship assessment to the purchase price of all designated product sold in the state.
new text end

new text begin (c) Any retailer may participate, on a voluntary basis, as a designated collection
point pursuant to a product stewardship program and in accordance with applicable law.
new text end

new text begin (d) No retailer or distributor shall be found to be in violation of this section if, on the
date the designated product was ordered from the producer or its agent, the producer was
listed as compliant on the agency's Web site according to section 115A.1465.
new text end

Sec. 61.

new text begin [115A.146] STEWARDSHIP REPORTS.
new text end

new text begin (a) Beginning March 1, 2015, producers of designated products sold in the state must
individually or through a stewardship organization submit an annual report to the agency
describing the product stewardship program. At a minimum, the report must contain:
new text end

new text begin (1) a description of the methods used to collect, transport, and process designated
products in all regions of the state;
new text end

new text begin (2) the weight of all designated products collected in all regions of the state and a
comparison to the performance goals and recycling rates established in the stewardship
plan;
new text end

new text begin (3) the amount of unwanted designated products collected in the state by method of
disposition, including reuse, recycling, and other methods of processing;
new text end

new text begin (4) identification of the facilities processing designated product and the number and
weight processed at each facility;
new text end

new text begin (5) an evaluation of the operation of the program's funding mechanism;
new text end

new text begin (6) samples of educational materials provided to consumers and an evaluation of the
effectiveness of the materials and the methods used to disseminate the materials; and
new text end

new text begin (7) a description of progress made toward achieving product design changes in
accordance with section 115A.144, subdivision 3, clause (12).
new text end

new text begin (b) Proprietary information submitted to the agency under sections 115A.141 to
115A.148 is nonpublic data under chapter 13.
new text end

Sec. 62.

new text begin [115A.1465] AGENCY RESPONSIBILITIES.
new text end

new text begin The agency shall provide on its Web site a list of all compliant producers and brands
participating in stewardship plans that the agency has approved and a list of all producers
and brands the agency has identified as noncompliant with sections 115A.141 to 115A.148.
new text end

Sec. 63.

new text begin [115A.147] LOCAL GOVERNMENT RESPONSIBILITIES.
new text end

new text begin (a) A city, county, or other public agency may choose to participate voluntarily in
a product stewardship program.
new text end

new text begin (b) Cities, counties, and other public agencies are encouraged to work with producers
and stewardship organizations to assist in meeting product stewardship program recycling
obligations, by providing education and outreach or using other strategies.
new text end

new text begin (c) A city, county, or other public agency that participates in a product stewardship
program must report annually to the agency using the reporting form provided by the
agency on the cost savings as a result of participation and describe how the savings were
used.
new text end

Sec. 64.

new text begin [115A.1475] REPORT TO LEGISLATURE.
new text end

new text begin (a) By December 1 in 2015 and 2016, and every four years thereafter, the agency
shall provide a report to the governor and the legislature on the implementation of sections
115A.141 to 115A.148. For each program year, the report must provide the total weight of
designated products collected and recycled and a summary of information in the reports
submitted by producers under section 115A.146. The report must also discuss the various
collection programs used by producers to collect designated products and information
about designated products, if any, being disposed of in disposal facilities in the state.
The report must identify the cost savings to local governments as a result of sections
115A.141 to 115A.148.
new text end

new text begin (b) The report must include recommendations for changes, if any, to the product
stewardship program.
new text end

Sec. 65.

new text begin [115A.148] ADMINISTRATIVE FEE.
new text end

new text begin (a) The stewardship organization or individual producer submitting a stewardship
plan shall pay the agency an annual administrative fee. The agency shall set the fee at
an amount that, when paid by every stewardship organization or individual producer that
submits a stewardship plan, is adequate to cover the agency's full costs of administering
and enforcing sections 115A.141 to 115A.148. The agency may establish a variable
fee based on relevant factors, including, but not limited to, the portion of designated
products sold in the state by members of the organization compared to the total amount of
designated products sold in the state by all organizations submitting a stewardship plan.
new text end

new text begin (b) The total amount of annual fees collected under this section must not exceed
the amount necessary to recover costs incurred by the agency in connection with the
administration and enforcement of sections 115A.141 to 115A.148.
new text end

new text begin (c) The agency shall identify the direct program development or regulatory costs it
incurs under sections 115A.141 to 115A.148 before stewardship plans are submitted and
shall establish a fee in an amount adequate to cover those costs, which shall be paid by a
stewardship organization or individual producer that submits a stewardship plan.
new text end

new text begin (d) A stewardship organization or individual producer subject to this section must
pay the agency's administrative fee under paragraph (a) on or before July 1, ...., and
annually thereafter and the agency's development fee under paragraph (c) on or before
July 1, ...., and annually thereafter through July 1, ..... Each year after the initial payment,
the annual administrative fee may not exceed five percent of the aggregate assessment
collected for the preceding calendar year.
new text end

new text begin (e) The agency shall deposit the fees collected under this section into a designated
product stewardship account.
new text end

Sec. 66. new text begin APPROPRIATION REDUCTION.
new text end

new text begin $100,000 beginning in fiscal year 2013 is a reduction in Laws 2011, First Special
Session chapter 2, article 1, section 4, subdivision 6, from the nongame wildlife
management account in the natural resources fund for gray wolf management.
new text end

Sec. 67. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 84.946, subdivision 3; 86A.12, subdivision 5;
89.06; 90.042; 97A.451, subdivisions 3a and 7; 97A.4742, subdivision 4; and 103G.705,
subdivision 1, new text end new text begin are repealed.
new text end