Minnesota Legislature
HF 3116
1st Unofficial Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to game and fish; restricting off-road vehicle trails; providing for 1.3 marking canoe and boating routes; modifying critical habitat private sector 1.4 matching account provisions; providing definitions; providing for and modifying 1.5 disposition of certain revenue; modifying provisions for designating game 1.6 refuges; modifying restrictions on motorized watercraft and recreational vehicles 1.7 in wildlife management areas; modifying procedure for confiscation of property; 1.8 modifying certain penalty and fee amounts; modifying certain game and fish 1.9 license provisions; modifying firearms possession provisions for persons under 1.10 16; providing for collecting antler sheds; modifying certain provisions for 1.11 taking and possessing game and fish; providing for arms use areas; modifying 1.12 provisions for fishing contests; creating a ditch buffer task force; providing 1.13 for a moratorium on use of public waters for aquaculture; appropriating 1.14 money;amending Minnesota Statutes 2004, sections 84.943, subdivision 3; 1.15 85.32, subdivision 1; 97A.015, by adding subdivisions; 97A.055, subdivision 1.16 2; 97A.065, subdivision 2; 97A.075, subdivision 1; 97A.085, subdivision 4; 1.17 97A.101, subdivision 4; 97A.221, subdivisions 3, 4; 97A.225, subdivisions 1.18 2, 5; 97A.321; 97A.465, by adding a subdivision; 97A.475, subdivisions 2, 1.19 20; 97A.535, subdivision 1; 97B.021, subdivision 1, by adding a subdivision; 1.20 97B.301, subdivision 7; 97C.081, subdivisions 4, 6, 8, 9; 97C.205; 97C.355, 1.21 subdivision 7; 97C.371, subdivision 4; Minnesota Statutes 2005 Supplement, 1.22 sections 97A.405, subdivision 4; 97A.475, subdivision 3; 97A.551, subdivision 1.23 6; proposing coding for new law in Minnesota Statutes, chapters 84; 97B; 1.24 repealing Minnesota Statutes 2004, section 97C.355, subdivision 6. 1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.26 Section 1. [84.8045] RESTRICTIONS ON OFF-ROAD VEHICLES ON COUNTY 1.27 AND STATE FOREST LANDS. 1.28 Off-road vehicle trails may not be established on county forest or state forest lands 1.29 administered by the commissioner except: 1.30 (1) on state and county forest roads; and 1.31 (2) off-road vehicle use areas as provided by section 84.915. 2.1 Sec. 2. Minnesota Statutes 2004, section 84.943, subdivision 3, is amended to read: 2.2 Subd. 3. Appropriations must be matched by private funds. Appropriations 2.3 transferred to the critical habitat private sector matching account and money credited to 2.4 the account under section 168.1296, subdivision 5, may be expended only to the extent 2.5 that they are matched equally with contributionsto the accountfrom private sources 2.6 or by funds contributed to the nongame wildlife management account. The private 2.7 contributions may be made in cashor in contributions of, property, land, or interests in 2.8 landthat are designated by the commissioner of natural resources as program acquisitions. 2.9 Appropriations transferred to the account that are not matched within three years from the 2.10 date of the appropriation shall cancel to the source of the appropriation. For the purposes 2.11 of this section, the private contributions of property, land, or interests in land that are 2.12 retained by the commissioner shall be valued in accordance with their appraised value. 2.13 Sec. 3. Minnesota Statutes 2004, section 85.32, subdivision 1, is amended to read: 2.14 Subdivision 1. Areas marked. The commissioner of natural resources is authorized 2.15 in cooperation with local units of government and private individuals and groups when 2.16 feasible to mark canoe and boating routes on the Ottertail, Little Fork, Big Fork, 2.17 Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, 2.18 Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre 2.19 within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in 2.20 Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North, 2.21 and Crow Rivers which have historic and scenic values and to mark appropriately points 2.22 of interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other 2.23 serious hazards which are dangerous to canoe and watercraft travelers. 2.24 Sec. 4. Minnesota Statutes 2004, section 97A.015, is amended by adding a subdivision 2.25 to read: 2.26 Subd. 3a. Bonus permit. "Bonus permit" means a license to take and tag deer by 2.27 archery or firearms, in addition to deer authorized to be taken under regular firearms 2.28 or archery licenses. 2.29 Sec. 5. Minnesota Statutes 2004, section 97A.015, is amended by adding a subdivision 2.30 to read: 2.31 Subd. 14a. Deer. "Deer" means white-tailed or mule deer. 3.1 Sec. 6. Minnesota Statutes 2004, section 97A.015, is amended by adding a subdivision 3.2 to read: 3.3 Subd. 26b. Intensive deer area. "Intensive deer area" means an area of the state 3.4 where taking a deer of either sex is allowed and where multiple bonus permits are 3.5 authorized. 3.6 Sec. 7. Minnesota Statutes 2004, section 97A.015, is amended by adding a subdivision 3.7 to read: 3.8 Subd. 27b. Lottery deer area. "Lottery deer area" means an area of the state 3.9 where taking antlerless deer is allowed only by either-sex permit and no bonus permits 3.10 are authorized. 3.11 Sec. 8. Minnesota Statutes 2004, section 97A.015, is amended by adding a subdivision 3.12 to read: 3.13 Subd. 27c. Managed deer area. "Managed deer area" means an area of the state 3.14 where taking a deer of either sex is allowed and where one bonus permit is authorized. 3.15 Sec. 9. Minnesota Statutes 2004, section 97A.015, is amended by adding a subdivision 3.16 to read: 3.17 Subd. 32a. Muzzle-loader season. "Muzzle-loader season" means the firearms 3.18 deer season option open only for legal muzzle-loading firearms, as prescribed by the 3.19 commissioner. 3.20 Sec. 10. Minnesota Statutes 2004, section 97A.015, is amended by adding a 3.21 subdivision to read: 3.22 Subd. 41a. Regular firearms season. "Regular firearms season" means any of the 3.23 firearms deer season options prescribed by the commissioner that begin in November, 3.24 exclusive of the muzzle-loader season. 3.25 Sec. 11. Minnesota Statutes 2004, section 97A.055, subdivision 2, is amended to read: 3.26 Subd. 2. Receipts. The commissioner of finance shall credit to the game and fish 3.27 fund all money received under the game and fish laws and all income from state lands 3.28 acquired by purchase or gift for game or fish purposes, including receipts from: 3.29 (1) licenses and permits issued; 3.30 (2) fines and forfeited bail; 4.1 (3) sales of contraband, wild animals, and other property under the control of the 4.2 division; 4.3 (4) fees from advanced education courses for hunters and trappers; 4.4 (5) reimbursements of expenditures by the division; 4.5 (6) contributions to the division; and 4.6 (7) revenue credited to the game and fish fund under section 297A.94, paragraph 4.7 (e), clause (1). 4.8 Sec. 12. Minnesota Statutes 2004, section 97A.065, subdivision 2, is amended to read: 4.9 Subd. 2. Fines and forfeited bail. (a) Fines and forfeited bail collected from 4.10 prosecutions of violations of: the game and fish laws or rules adopted thereunder; sections 4.11 84.091 to 84.15 or rules adopted thereunder; sections 84.81 to 84.91 or rules adopted 4.12 thereunder; section 169A.20, when the violation involved an off-road recreational vehicle 4.13 as defined in section 169A.03, subdivision 16; chapter 348; and any other law relating 4.14 to wild animals or aquatic vegetation, must be paid to the treasurer of the county where 4.15 the violation is prosecuted. The county treasurer shall submit one-half of the receipts to 4.16 the commissioner and credit the balance to the county general revenue fund except as 4.17 provided in paragraphs (b),and (c), and (d). In a county in a judicial district under section 4.18 480.181, subdivision 1, paragraph (b), the share that would otherwise go to the county 4.19 under this paragraph must be submitted to the commissioner of finance for deposit in the 4.20 state treasury and credited to the general fund. 4.21(b) The commissioner may reimburse a county, from the game and fish fund, for the4.22cost of keeping prisoners prosecuted for violations of the game and fish laws under this4.23section if the county board, by resolution, directs: (1) the county treasurer to submit all4.24game and fish fines and forfeited bail to the commissioner; and (2) the county auditor to4.25certify and submit monthly itemized statements to the commissioner.4.26(c)(b) The county treasurer shall submit one-half of the receipts collected under 4.27 paragraph (a) from prosecutions of violations of sections 84.81 to 84.91 or rules adopted 4.28 thereunder, and 169A.20, except receipts that are surcharges imposed under section 4.29 357.021, subdivision 6, to the commissioner and credit the balance to the county 4.30 general fund. The commissioner shall credit these receipts to the snowmobile trails and 4.31 enforcement account in the natural resources fund. 4.32(d)(c) The county treasurer shall indicate the amount of the receipts that are 4.33 surcharges imposed under section 357.021, subdivision 6, and shall submit all of those 4.34 receipts to the commissioner of finance. 5.1 Sec. 13. Minnesota Statutes 2004, section 97A.075, subdivision 1, is amended to read: 5.2 Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this 5.3 subdivision, "deer license" means a license issued under section 97A.475, subdivisions 5.4 2, clauses (4), (5), (9), (11), (13), and (14), and 3, clauses (2), (3), and (7), and licenses 5.5 issued under section 97B.301, subdivision 4. 5.6 (b)At least$2 from each annual deer license and $2 annually from the lifetime fish 5.7 and wildlife trust fund, established in section 97A.4742, for each license issued under 5.8 section 97A.473, subdivision 4, shall be credited to the deer management account and 5.9 shall be used for deer habitat improvement or deer management programs. 5.10 (c)At least$1 from each annual deer license and each bear license and $1 annually 5.11 from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each 5.12 license issued under section 97A.473, subdivision 4, shall be credited to the deer and bear 5.13 management account and shall be used for deer and bear management programs, including 5.14 a computerized licensing system. 5.15 (d) Fifty cents from each deer license is credited to the emergency deer feeding 5.16 and wild cervidae health management account and is appropriated for emergency deer 5.17 feeding and wild cervidae health management. Money appropriated for emergency 5.18 deer feeding and wild cervidae health management is available until expended. When 5.19 the unencumbered balance in the appropriation for emergency deer feeding and wild 5.20 cervidae health management at the end of a fiscal year exceeds $2,500,000 for the first 5.21 time, $750,000 is canceled to the unappropriated balance of the game and fish fund. 5.22 The commissioner must inform the legislative chairs of the natural resources finance 5.23 committees every two years on how the money for emergency deer feeding and wild 5.24 cervidae health management has been spent. 5.25 Thereafter, when the unencumbered balance in the appropriation for emergency deer 5.26 feeding and wild cervidae health management exceeds $2,500,000 at the end of a fiscal 5.27 year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer 5.28 and bear management programs and computerized licensing. 5.29 EFFECTIVE DATE.This section is effective July 1, 2007. 5.30 Sec. 14. Minnesota Statutes 2004, section 97A.085, subdivision 4, is amended to read: 5.31 Subd. 4. Establishment by petition of county residents. The commissioner may 5.32 designate as a game refuge public waters or a contiguous area described in a petition, 5.33 signed by 50 or more residents of the county where the public waters or area is located. The 5.34 game refuge must be a contiguous area of at least 640 acres unless it borders or includes 5.35 a marsh, or other body of water or watercourse suitable for wildlife habitat. The game 6.1 refuge may be designated only if the commissioner finds that protected wild animals are 6.2 depleted and are in danger of extermination, or that it will best serve the public interest. If 6.3 any of the land area in the proposed game refuge is privately owned and the commissioner 6.4 receives a petition opposing designation of the refuge signed by the owners, lessees, or 6.5 persons in possession of at least 75 percent of the private land area within the proposed 6.6 game refuge, the commissioner shall not designate the private lands as a game refuge. 6.7 Sec. 15. Minnesota Statutes 2004, section 97A.101, subdivision 4, is amended to read: 6.8 Subd. 4. Restrictions on airboats, watercraft, and recreational vehicles. (a) The 6.9 use of airboats is prohibited at all times on lakes designated for wildlife management 6.10 purposes under this section unless otherwise authorized by the commissioner. 6.11 (b) The commissioner may restrict the use of motorized watercraft and recreational 6.12 vehicles on lakes designated for wildlife management purposes by posting all public 6.13 access points on the designated lake. Restrictions may include prohibitions or limitations 6.14 on the type of allowable motorized watercraft or recreational vehicle, horsepower or 6.15 thrust of motor, speed of operation, season or area of use, or other restrictions that the 6.16 commissioner determines are necessary to minimize disturbances to wildlife or to protect 6.17 wildlife habitat. Designation of areas, times, and types of restrictions to be posted shall be 6.18 by written order published in the State Register. Posting of the restrictions is not subject to 6.19 the rulemaking provisions of chapter 14 and section 14.386 does not apply. 6.20 Sec. 16. Minnesota Statutes 2004, section 97A.221, subdivision 3, is amended to read: 6.21 Subd. 3. Procedure for confiscation of property seized. The enforcement officer 6.22 must hold the seized property. The property held may be confiscated when: 6.23 (1) the person from whom the property was seized is convicted, the conviction is not 6.24 under appeal, and the time period for appeal of the conviction has expired; or 6.25 (2) the property seized is contraband consisting of a wild animal, wild rice, or other 6.26 aquatic vegetation. 6.27 Sec. 17. Minnesota Statutes 2004, section 97A.221, subdivision 4, is amended to read: 6.28 Subd. 4. Disposal of confiscated property. Confiscated property may be disposed 6.29 of or retained for use by the commissioner, or sold at the highest price obtainable as 6.30 prescribed by the commissioner. Upon acquittal or dismissal of the charged violation for 6.31 which the property was seized,: 6.32 (1) all property, other than contraband consisting of a wild animal, wild rice, or other 6.33 aquatic vegetation, must be returned to the person from whom the property was seized; and 7.1 (2) the commissioner shall reimburse the person for the full value of any seized or 7.2 confiscated property that is sold, lost, or damaged. 7.3 EFFECTIVE DATE.This section is effective the day following final enactment 7.4 and applies to property seized beginning one year prior to that date. 7.5 Sec. 18. Minnesota Statutes 2004, section 97A.225, subdivision 2, is amended to read: 7.6 Subd. 2. Procedure for confiscation of property seized. The enforcement officer 7.7 must hold the seized property, subject to the order of the court having jurisdiction where 7.8 the offense was committed. The property held is confiscated when: 7.9 (1) the commissioner complies with this sectionand; 7.10 (2) the person from whom it was seized is convicted of the offense; and 7.11 (3) the conviction is not under appeal and the time period for appeal of the 7.12 conviction has expired. 7.13 Sec. 19. Minnesota Statutes 2004, section 97A.225, subdivision 5, is amended to read: 7.14 Subd. 5. Court order. (a) If the person arrested is acquitted, the court shall dismiss 7.15 the complaint against the property and: 7.16 (1) order it returned to the person legally entitled to it; and 7.17 (2) order the commissioner to reimburse the person for the full value of any seized 7.18 or confiscated property that is sold, lost, or damaged. 7.19 (b) Upon conviction of the person, the court shall issue an order directed to any 7.20 person that may have any right, title, or interest in, or lien upon, the seized property. The 7.21 order must describe the property and state that it was seized and that a complaint against 7.22 it has been filed. The order shall require a person claiming right, title, or interest in, or 7.23 lien upon, the property to file with the court administrator an answer to the complaint, 7.24 stating the claim, within ten days after the service of the order. The order shall contain a 7.25 notice that if the person fails to file an answer within the time limit, the property may be 7.26 ordered sold by the commissioner. 7.27 (c) The court order must be served upon any person known or believed to have any 7.28 right, title, interest, or lien in the same manner as provided for service of a summons in a 7.29 civil action, and upon unknown persons by publication, in the same manner as provided 7.30 for publication of a summons in a civil action. 7.31 EFFECTIVE DATE.This section is effective the day following final enactment 7.32 and applies to property seized beginning one year prior to that date. 8.1 Sec. 20. Minnesota Statutes 2004, section 97A.321, is amended to read: 8.2 97A.321 DOGS PURSUING OR KILLING BIG GAME. 8.3 The owner of a dog that pursues but does not kill a big game animal is guilty of a 8.4 petty misdemeanor and is subject to a civil penalty of $100 for each violation. The owner 8.5 of a dog that killsor pursuesa big game animal is guilty of a petty misdemeanor and is 8.6 subject to a civil penalty ofup to$500 for each violation. 8.7 Sec. 21. Minnesota Statutes 2005 Supplement, section 97A.405, subdivision 4, is 8.8 amended to read: 8.9 Subd. 4. Replacement licenses. (a) The commissioner may permit licensed deer 8.10 hunters to change zone, license, or season options. The commissioner may issue a 8.11 replacement license if the applicant submits the original deer license and unused tags that 8.12 are being replaced and the applicant pays any increase in cost between the original and 8.13 the replacement license. When a person submits both an archery and a firearms license 8.14 for replacement, the commissioner may apply the value of both licenses towards the 8.15 replacement license fee. 8.16 (b) A replacement license may be issued only if the applicant has not used any tag 8.17 from the original license and meets the conditions of paragraph (c). The original license 8.18 and all unused tags for that license must be submitted to the issuing agent at the time 8.19 the replacement license is issued. 8.20 (c) A replacement license may be issued under the following conditions, or as 8.21 otherwise prescribed by rule of the commissioner: 8.22 (1) when the season for the license being surrendered has not yet opened; or 8.23 (2) when the person is upgrading from a regular firearms or archery deer license to a 8.24 multizone or all season deer licensethat is valid in multiple zones. 8.25 (d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid 8.26 immediately upon issuance if the license being surrendered is valid at that time. 8.27 Sec. 22. Minnesota Statutes 2004, section 97A.465, is amended by adding a 8.28 subdivision to read: 8.29 Subd. 6. Special hunts for military personnel. The commissioner may by rule 8.30 establish criteria, special seasons, and limits for military personnel and veterans to take 8.31 big game and small game by firearms or archery in designated areas or times. A person 8.32 hunting under this subdivision must be participating in a hunt sponsored and administered 8.33 by the Minnesota Department of Military Affairs or the Minnesota Department of Veterans 8.34 Affairs. 9.1 Sec. 23. Minnesota Statutes 2004, section 97A.475, subdivision 2, is amended to read: 9.2 Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents 9.3 only, are: 9.4 (1) for persons age 18 or over and under age 65 to take small game, $12.50; 9.5 (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game; 9.6 (3) to take turkey, $18; 9.7 (4) for persons age 18 or over to take deer with firearms, $26; 9.8 (5) for persons age 18 or over to take deer by archery, $26; 9.9 (6) to take moose, for a party of not more than six persons, $310; 9.10 (7) to take bear, $38; 9.11 (8) to take elk, for a party of not more than two persons, $250; 9.12 (9) multizone license to take antlered deer in more than one zone, $52; 9.13 (10) to take Canada geese during a special season, $4; 9.14 (11) all season license to take two deer throughout the state in any open deer season, 9.15 except as restricted under section 97B.305, $78; 9.16 (12) to take prairie chickens, $20; 9.17 (13) for persons at least age 12 and under age 18 to take deer with firearms during 9.18 the regular firearms season in any open zone or time period, $13; and 9.19 (14) for persons at least age 12 and under age 18 to take deer by archery, $13. 9.20 Sec. 24. Minnesota Statutes 2005 Supplement, section 97A.475, subdivision 3, is 9.21 amended to read: 9.22 Subd. 3. Nonresident hunting. Fees for the following licenses, to be issued 9.23 to nonresidents, are: 9.24 (1) to take small game, $73; 9.25 (2) to take deer with firearms, $135; 9.26 (3) to take deer by archery, the greater of: 9.27 (i) an amount equal to the total amount of license fees and surcharges charged to a 9.28 Minnesota resident to take deer by archery in the person's state or province of residence; or 9.29 (ii) $135; 9.30 (4) to take bear, $195; 9.31 (5) to take turkey, $73; 9.32 (6) to take raccoon, bobcat, fox, or coyote, $155; 9.33 (7) multizone license to take antlered deer in more than one zone, $270; and 9.34 (8) to take Canada geese during a special season, $4. 10.1 Sec. 25. Minnesota Statutes 2004, section 97A.475, subdivision 20, is amended to read: 10.2 Subd. 20. Trapping license. The fee for a license to trap fur-bearing animals is: 10.3 (1) for residents over age 13 and under age 18, $6; 10.4 (2) for residents age 18and olderor over and under age 65, $20;and10.5 (3) for residents age 65 or over, $10; and 10.6 (4) for nonresidents, $73. 10.7 EFFECTIVE DATE.This section is effective March 1, 2007. 10.8 Sec. 26. Minnesota Statutes 2004, section 97A.535, subdivision 1, is amended to read: 10.9 Subdivision 1. Tags required. (a) A person may not possess or transport deer, 10.10 bear, elk, or moose taken in the state unless a tag is attached to the carcass in a manner 10.11 prescribed by the commissioner. The commissioner must prescribe the type of tag that has 10.12 the license number of the owner, the year of its issue, and other information prescribed by 10.13 the commissioner. 10.14 (b) The tag and the license must be validated at the site of the kill as prescribed by 10.15 the commissioner. 10.16 (c) Except as otherwise provided in this section, the tag must be attached to the 10.17 deer, bear, elk, or moose at the site of the kill before the animal is removed from the 10.18 site of the kill, and. 10.19 (d) The tag must remain attached to the animal until the animal is processed for 10.20 storage. 10.21 (e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the 10.22 kill without attaching the validated tag to the animal only while in the act of manually 10.23 or mechanically dragging, carrying, or carting the animal across the ground and while 10.24 possessing the validated tag on their person. A motor vehicle may be used to drag the 10.25 animal across the ground. At all other times, the validated tag must be attached to the 10.26 deer, bear, elk, or moose: 10.27 (1) as otherwise provided in this section; and 10.28 (2) prior to the animal being placed onto and transported on a motor vehicle, being 10.29 hung from a tree or other structure or device, or being brought into a camp or yard or 10.30 other place of habitation. 10.31 Sec. 27. Minnesota Statutes 2005 Supplement, section 97A.551, subdivision 6, is 10.32 amended to read: 10.33 Subd. 6. Tagging and registration. The commissioner may, by rule, require 10.34 persons taking, possessing, and transporting certain species of fish to tag the fish with 11.1 a special fish management tag and may require registration of tagged fish. A person 11.2 may not possess or transport a fish species taken in the state for which a special fish 11.3 management tag is required unless a tag is attached to the fish in a manner prescribed by 11.4 the commissioner. The commissioner shall prescribe the manner of issuance and the 11.5 type of tag as authorized under section 97C.087. The tag must be attached to the fish as 11.6 prescribed by the commissioner immediately upon reducing the fish to possession and 11.7 must remain attached to the fish until the fish is processed or consumed. Species for 11.8 which a special fish management tag is required must be transported undressed, except as 11.9 otherwise prescribed by the commissioner. 11.10 Sec. 28. Minnesota Statutes 2004, section 97B.021, subdivision 1, is amended to read: 11.11 Subdivision 1. Restrictions. (a) Except as provided in this subdivision, a person 11.12 under the age of 16 may not possess a firearm, unless accompanied bywithout maintaining 11.13 unaided visual and vocal contact with a parent or guardian. 11.14 (b) A person under age 16 may possess a firearm withoutbeing accompanied by11.15 maintaining unaided visual and vocal contact with a parent or guardian: 11.16 (1) on land owned by, or occupied as the principal residence of, the person or the 11.17 person's parent or guardian; 11.18 (2) while participating in an organized target shooting program with adult 11.19 supervision; 11.20 (3) while the person is participating in a firearms safety program or traveling to 11.21 and from class; or 11.22 (4) if the person is age 14 or 15 and has a firearms safety certificate. 11.23 Sec. 29. Minnesota Statutes 2004, section 97B.021, is amended by adding a 11.24 subdivision to read: 11.25 Subd. 1a. Parent or guardian duties. A parent or guardian may not knowingly 11.26 direct, allow, or permit a person under the age of 16 to possess a firearm in violation 11.27 of this section. 11.28 Sec. 30. [97B.22] COLLECTING ANTLER SHEDS. 11.29 (a) A person may take and possess naturally shed antlers without a license. 11.30 (b) A person may not place, arrange, or set equipment in a manner that is likely to 11.31 artificially pull, sever, or otherwise cause antlers of live deer, moose, elk, or caribou to 11.32 be shed or removed. 12.1 Sec. 31. Minnesota Statutes 2004, section 97B.301, subdivision 7, is amended to read: 12.2 Subd. 7. All season deer license. (a) A resident may obtain an all season deer 12.3 license. This licensethat authorizes the resident totake one buck by firearm or archeryhunt 12.4 duringany season statewide. In addition, a resident obtaining this license may take one12.5antlerless deer:the archery, regular firearms, and muzzle-loader seasons. The all season 12.6 license is valid for taking three deer, no more than one of which may be a legal buck. 12.7(1) by firearms in the regular firearms season if the resident first obtains an antlerless12.8deer permit or if the resident takes the antlerless deer in an area where the commissioner12.9has authorized taking a deer of either sex without an antlerless permit;12.10(2) by archery in the archery season; or12.11(3) by muzzleloader in the muzzleloader season.12.12 (b) The all season deer license is valid for taking antlerless deer as follows: 12.13 (1) up to two antlerless deer may be taken during the archery or muzzle-loader 12.14 seasons in any open area or during the regular firearms season in managed or intensive 12.15 deer areas; and 12.16 (2) one antlerless deer may be taken during the regular firearms season in a lottery 12.17 deer area, only with an either-sex permit or statutory exemption from an either-sex permit. 12.18 (c) The commissioner shall issueone tag for a buck and one tag for an antlerless12.19deerthree tags when issuing a license under this subdivision. 12.20 Sec. 32. [97B.318] ARMS USE AREAS AND RESTRICTIONS; REGULAR 12.21 FIREARMS SEASON. 12.22 Subdivision 1. Shotgun use area. During the regular firearms season in the shotgun 12.23 use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading 12.24 long guns, and legal handguns may be used for taking deer. Legal shotguns include 12.25 those with rifled barrels. The shotgun use area is that portion of the state lying within 12.26 the following described boundary: Beginning on the west boundary of the state at U.S. 12.27 Highway 10; thence along U.S. Highway 10 to State Trunk Highway (STH) 32; thence 12.28 along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence 12.29 along I-94 to County State Aid Highway (CSAH) 40, Douglas County; thence along 12.30 CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas 12.31 County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to 12.32 CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to 12.33 CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, 12.34 Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 12.35 to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of 13.1 the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to 13.2 U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence 13.3 along the east, south, and west boundaries of the state to the point of beginning. 13.4 Subd. 2. All legal firearms use area. The all legal firearms use area is that part of 13.5 the state lying outside of the shotgun use area. 13.6 Sec. 33. Minnesota Statutes 2004, section 97C.081, subdivision 4, is amended to read: 13.7 Subd. 4. Restrictions. The commissioner may by rule establish restrictions on 13.8 fishing contests to protect fish and fish habitat, to restrict activities during high use periods, 13.9 to restrict activities that affect research or management activities, to restrict the number of 13.10 boats allowed, and for the safety of contest participants. 13.11 Sec. 34. Minnesota Statutes 2004, section 97C.081, subdivision 6, is amended to read: 13.12 Subd. 6. Permit application process. (a) BeginningSeptemberAugust 1 each 13.13 year, the commissioner shall accept permit applications for fishing contests to be held in 13.14 the following year. 13.15 (b) If the number of permit applications received by the commissioner from 13.16SeptemberAugust 1 through the last Friday inOctoberSeptember exceeds the limits 13.17 specified in subdivisions 7 and 8, the commissioner shall notify the affected applicants 13.18 that their requested locations and time period are subject to a drawing. After notification, 13.19 the commissioner shall allow the affected applicants a minimum of seven days to change 13.20 the location or time period requested on their applications, provided that the change is 13.21 not to a location or time period for which applications are already at or above the limits 13.22 specified in subdivisions 7 and 8. 13.23 (c) After the applicants have been given at least seven days to change their 13.24 applications, the commissioner shall conduct a drawing for all locations and time periods 13.25 for which applications exceed limits. First preference in the drawings shall be given 13.26 to applicants for established or traditional fishing contests, and second preference to 13.27 applicants for contests that are not established as traditional fishing contests based on the 13.28 number of times they have been unsuccessful in previous drawings. Except for applicants 13.29 of established or traditional fishing contests, an applicant who is successful in a drawing 13.30 loses all accumulated preference. "Established or traditional fishing contest" means a 13.31 fishing contest that was issued permits in 1999 and 2000 or was issued permits four out of 13.32 five years from 1996 to 2000 for the same lake and time period. Beginning with 2001, 13.33 established or traditional fishing contests must continue to be conducted at least four out 13.34 of five years for the same lake and time period to remain established or traditional. 14.1 (d) The commissioner has untilDecemberNovember 7 to approve or deny permit 14.2 applications that are submitted by 4:30 p.m. on the last Friday inOctoberSeptember. The 14.3 commissioner may approve a permit application that is received after 4:30 p.m. on the last 14.4 Friday inOctoberSeptember if approving the application would not result in exceeding 14.5 the limits in subdivisions 7 and 8. 14.6 Sec. 35. Minnesota Statutes 2004, section 97C.081, subdivision 8, is amended to read: 14.7 Subd. 8. Limits on number of fishing contests.(a)The number of permitted 14.8 fishing contests allowed each month on a water body shall not exceed the following limits: 14.9 (1) Lakes:14.10 Maximum number Maximum number Maximum number 14.11 of permitted fishing of large permitted of permitted fishing 14.12 contests fishing contests contest days 14.13 Size/acres 14.14 less than 2,000 2 0 4 14.15 2,000-4,999 3 1 6 14.16 5,000-14,999 4 2 8 14.17 15,000-55,000 5 3 10 14.18 more than 55,000 no limit no limit no limit 14.19(b)For boundarywaterswater lakes, the limits on the number of permitted fishing 14.20 contests shall be determined based on the Minnesota acreage. 14.21 (2) Rivers:14.22 Maximum number Maximum number Maximum number 14.23 of permitted fishing of large permitted of permitted fishing 14.24 contests fishing contests contest days 14.25 Mississippi River: 14.26 Pool 1, 2, 3, 5, 5A, 14.27 6, 7, 8, 9 4 (each pool) 2 (each pool) 8 (each pool) 14.28 Pool 4 5 3 10 14.29 St. Croix River 2 1 4 14.30 Lake St. Croix 4 2 8 15.1 Contest waters identified in the permit for Mississippi River pools are limited to 15.2 no more than one lockage upstream and one lockage downstream from the pool where 15.3 the contest access and weigh-in is located. 15.4 Contest waters for Lake St. Croix are bounded by the U.S. Highway 10 bridge at 15.5 Prescott upstream to the Arcola Bar. Contest waters for the St. Croix River are bounded 15.6 by the Arcola Bar upstream to the Wisconsin state line. 15.7 For all other rivers, no more than two contest permits, not to exceed four days 15.8 combined, may be issued for any continuous segment of a river per month. Of the two 15.9 contests permitted, only one shall be a large permitted fishing contest. Permits issued by 15.10 the commissioner shall not exceed 60 continuous river miles. 15.11 Sec. 36. Minnesota Statutes 2004, section 97C.081, subdivision 9, is amended to read: 15.12 Subd. 9. Permit restrictions. (a) The commissioner may require fishing contest 15.13 permittees to limit prefishing to week days only as a condition of a fishing contest permit. 15.14 The commissioner may require proof from permittees that prefishing restrictions on the 15.15 permit are communicated to fishing contest participants and enforced. 15.16 (b) The commissioner may require permit restrictions on the hours that a permitted 15.17 fishing contest is conducted, including, but not limited to, starting and ending times. 15.18 (c) The commissioner may require permit restrictions on the number of parking 15.19 spaces that may be used on a state-owned public water access site. The commissioner may 15.20 require proof from permittees that parking restrictions on the permit are communicated to 15.21 fishing contest participants and enforced. 15.22 (d) To prevent unduelossmortality of released fish, the commissioner may require 15.23 restrictions for off-site weigh-ins and live releases on a fishing contest permit or may deny 15.24 permits requesting an off-site weigh-in or live release. 15.25 (e) A person may not transfer a fishing contest permit to another person. 15.26 (f) Failure to comply with fishing contest permit restrictions may be considered 15.27 grounds for denial of future permit applications. 15.28 Sec. 37. Minnesota Statutes 2004, section 97C.205, is amended to read: 15.29 97C.205RULES FORTRANSPORTING AND STOCKING FISH. 15.30 (a) Except on the water body where taken, a person may not transport a live fish in a 15.31 quantity of water sufficient to keep the fish alive, unless the fish: 15.32 (1) is being transported under an aquaculture license as authorized under sections 15.33 17.4985 and 17.4986; 15.34 (2) is being transported for a fishing contest weigh-in under section 97C.081; 16.1 (3) is a minnow being transported under section 97C.505 or 97C.515; 16.2 (4) is being transported by a commercial fishing license holder under section 16.3 97C.821; or 16.4 (5) is being transported as otherwise authorized in this section. 16.5 (b) The commissioner may adopt rules to allow and regulate: 16.6 (1) the transportation of fish and fish eggsfrom one body of water to another; and 16.7 (2) the stocking of waters with fish or fish eggs. 16.8(b)(c) The commissioner shall prescribe rules designed to encourage local sporting 16.9 organizations to propagate game fish by using rearing ponds. The rules must: 16.10 (1) prescribe methods to acquire brood stock for the ponds by seining public waters; 16.11 (2) allow the sporting organizations to own and use seines and other necessary 16.12 equipment; and 16.13 (3) prescribe methods for stocking the fish in public waters that give priority to the 16.14 needs of the community where the fish are reared and the desires of the organization 16.15 operating the rearing pond. 16.16(c)(d) A person age 16 or under may, for purposes of display in a home aquarium, 16.17 transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, 16.18 white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, 16.19 yellow, and brown bullheads taken by angling. No more than four of each species may 16.20 be transported at any one time, and any individual fish can be no longer than ten inches 16.21 in total length. 16.22 Sec. 38. Minnesota Statutes 2004, section 97C.355, subdivision 7, is amended to read: 16.23 Subd. 7. Dates and times houses may remain on ice. (a) Except as provided 16.24 in paragraph (d), a shelter, including a fish house or dark house, may not be on the ice 16.25 between 12:00 a.m. and one hour before sunrise after the following dates: 16.26 (1) the last day of February, for state waters south of a line starting at the 16.27 Minnesota-North Dakota border and formed by rights-of-way of U.S. Route No. 10, then 16.28 east along U.S. Route No. 10 to Trunk Highway No. 34, then east along Trunk Highway 16.29 No. 34 to Trunk Highway No. 200, then east along Trunk Highway No. 200 to U.S. Route 16.30 No. 2, then east along U.S. Route No. 2 to the Minnesota-Wisconsin border; and 16.31 (2) March 15, for other state waters. 16.32 A shelter, including a fish house or dark house, on the ice in violation of this 16.33 subdivision is subject to the enforcement provisions of paragraph (b). The commissioner 16.34 may, by rule, change the dates in this paragraph for any part of state waters. Copies of 17.1 the rule must be conspicuously posted on the shores of the waters as prescribed by the 17.2 commissioner. 17.3 (b) A conservation officer must confiscate a fish houseor, dark house, or shelter in 17.4 violation of paragraph (a). The officer may remove, burn, or destroy the house or shelter. 17.5 The officer shall seize the contents of the house or shelter and hold them for 60 days. If the 17.6 seized articles have not been claimed by the owner, they may be retained for the use of the 17.7 division or sold at the highest price obtainable in a manner prescribed by the commissioner. 17.8 (c) When the last day of February, under paragraph (a), clause (1), or March 15, 17.9 under paragraph (a), clause (2), falls on a Saturday, a shelter, including a fish house or 17.10 dark house, may be on the ice between 12:00 a.m. and one hour before sunrise until 17.11 12:00 a.m. the following Monday. 17.12 (d) A person may have a shelter, including a fish house or dark house, on the ice 17.13 between 12:00 a.m. and one hour before sunrise on waters within the area prescribed in 17.14 paragraph (a), clause (2), but the house or shelter may not be unattended during those 17.15 hours. 17.16 Sec. 39. Minnesota Statutes 2004, section 97C.371, subdivision 4, is amended to read: 17.17 Subd. 4. Open season. The open season for spearing through the ice is December 1 17.18 to thethirdlast Sunday in February. 17.19 Sec. 40. DITCH BUFFER TASK FORCE. 17.20 The Board of Water and Soil Resources shall convene a task force to address the 17.21 recommendations and findings identified in the February 2006 public drainage ditch 17.22 buffer study, including, but not limited to: 17.23 (1) clarification of the point of beginning for measuring the required grass strip; 17.24 (2) enhancing the ability of drainage authorities to establish and maintain grass strips; 17.25 (3) developing methods and models for drainage records modernization; 17.26 (4) developing a best management practices manual and training for public drainage 17.27 systems and authorities; 17.28 (5) annual reporting by drainage authorities; and 17.29 (6) identifying barriers and promoting incentives for buffer strip implementation 17.30 regarding federal, state, and local programs and requirements. 17.31 The recommendations must be done in consultation with farm groups, watershed 17.32 districts, soil and water conservation districts, counties, industry, and conservation 17.33 organizations, as well as federal agencies implementing voluntary buffer programs. 17.34 State agencies participating shall include the Minnesota Department of Agriculture, 18.1 Minnesota Pollution Control Agency, and Minnesota Department of Natural Resources. 18.2 The board shall report the results to the senate and house of representatives committees 18.3 with jurisdiction over public drainage systems by January 15, 2007. 18.4 Sec. 41. MORATORIUM ON LICENSING OR USE OF NEW PUBLIC WATERS 18.5 FOR AQUACULTURE. 18.6 (a) Except as provided in paragraphs (b) and (c), the commissioner of natural 18.7 resources may not license or use public waters, as defined in Minnesota Statutes, section 18.8 103G.005, subdivision 15, for aquaculture or the raising of fish that were not licensed by 18.9 the commissioner of natural resources or used for that purpose by the commissioner of 18.10 natural resources during the five-year period prior to April 1, 2006. 18.11 (b) The commissioner of natural resources may annually authorize fish rearing in 18.12 new public waters, if the fish rearing is conducted as part of a wetland improvement plan 18.13 approved by the commissioner. 18.14 (c) The commissioner of natural resources may license or use public waters for 18.15 aquaculture that were not used during the time period prescribed in paragraph (a) as a 18.16 replacement for public waters that were used during that time period and are being vacated 18.17 for use in aquaculture or raising fish. The restrictions in paragraph (a) apply to public 18.18 waters that are replaced under this paragraph. 18.19 (d) This section expires December 31, 2007. 18.20 Sec. 42. APPROPRIATION; NATURAL RESOURCES FUND. 18.21 $65,000 is appropriated from the water recreation account in the natural resources 18.22 fund to the commissioner of natural resources to cooperate with local units of government 18.23 in marking routes and designating river accesses and campsites under Minnesota Statutes, 18.24 section 85.32. This is a onetime appropriation. The money is available until expended 18.25 and does not cancel. 18.26 Sec. 43. REPEALER. 18.27 Minnesota Statutes 2004, section 97C.355, subdivision 6, is repealed.