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Minnesota Legislature

Office of the Revisor of Statutes

HF 3124

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/05/2010 01:20pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/22/2010
1st Engrossment Posted on 03/11/2010
2nd Engrossment Posted on 05/05/2010
Committee Engrossments
1st Committee Engrossment Posted on 03/09/2010
2nd Committee Engrossment Posted on 05/04/2010

Current Version - 2nd Engrossment

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A bill for an act
relating to game and fish; modifying aquaculture provisions; modifying
provisions for taking, possessing, and transporting wild animals; modifying
requirements for fish and wildlife management plans; modifying game and
fish license provisions; amending Minnesota Statutes 2008, sections 17.4982,
subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994;
84.942, subdivision 1; 84D.03, subdivision 3; 84D.11, subdivision 2a; 97A.015,
subdivision 52; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.331,
subdivision 4; 97A.345; 97A.405, subdivision 2; 97A.421, subdivision 4a;
97A.433, by adding a subdivision; 97A.435, subdivisions 1, 4; 97A.502;
97A.535, subdivision 2a; 97A.545, subdivision 5; 97B.015, subdivision 5a;
97B.022, subdivision 2; 97B.031, subdivision 5; 97B.075; 97B.106, subdivision
1; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.911; 97B.915;
97B.921; 97B.925; 97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205;
97C.315, subdivision 1; 97C.341; Minnesota Statutes 2009 Supplement, sections
84.95, subdivision 2; 97A.445, subdivision 1a; 97B.055, subdivision 3; 97B.811,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 17;
97B; 348; repealing Minnesota Statutes 2008, sections 84.942, subdivisions
2, 3, 4; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97B.811,
subdivision 4.

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

Section 1.

Minnesota Statutes 2008, section 17.4982, is amended by adding a
subdivision to read:


new text begin Subd. 10a. new text end

new text begin Fish collector. new text end

new text begin "Fish collector" means an individual who has been
certified under section 17.4989 to oversee the collection of fish samples from a facility or
a water body for disease testing by a certified laboratory.
new text end

Sec. 2.

Minnesota Statutes 2008, section 17.4982, subdivision 12, is amended to read:


Subd. 12.

Fish health inspection.

new text begin(a) new text end"Fish health inspection" means an on-site,
statistically based samplingnew text begin, collection, and testing of fishnew text end in accordance with processes
in the Fish Health Blue Book deleted text beginfor all lots of fish in a facilitydeleted text endnew text begin or the Diagnostic Manual
for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
to test for causative pathogens. The samples for inspection must be collected by a fish
health inspector or a fish collector in cooperation with the producer. Testing of samples
must be done by an approved laboratory
new text end.

new text begin (b)new text end The inspectionnew text begin for viral hemorrhagic septicemia (VHS), infectious pancreatic
necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
nonsalmonids
new text end must include at deleted text beginleastdeleted text endnew text begin a minimumnew text end viral testing of ovarian fluids at the 95
percent confidence level of detecting two percent incidence of disease deleted text begin(ovarian fluids must
be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic
necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a
five percent incidence of disease. The inspection must be performed by a fish health
inspector in cooperation with the producer with subsequent examination of the collected
tissues and fluids for the detection of certifiable diseases
deleted text end.

new text begin (c) The inspection for certifiable diseases for wild fish must follow the guidelines of
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
new text end

Sec. 3.

new text begin [17.4989] FISH SAMPLE COLLECTING.
new text end

new text begin Subdivision 1. new text end

new text begin Training. new text end

new text begin Fish collector training may be offered by any organization
or agency that has had its class and practicum syllabus approved by the commissioner.
The class and practicum must include the following components:
new text end

new text begin (1) accurate identification of licensed water bodies listed according to section
17.4984 and ensuring that collection is taking place at the correct site;
new text end

new text begin (2) identification of fish internal organs;
new text end

new text begin (3) fish dissection and sample preparation as identified by the Department of Natural
Resources based on specific testing requirements or as outlined in the Fish Health
Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
International Office of Epizootics (OIE);
new text end

new text begin (4) recording and reporting data;
new text end

new text begin (5) sample preparation and shipping;
new text end

new text begin (6) a field collection site test to demonstrate mastery of the necessary skills, overseen
by a certified fish health inspector; and
new text end

new text begin (7) a certificate of successful completion signed by a certified fish health inspector
on a form provided by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Certification time period. new text end

new text begin Fish collector certification is valid for five years
and is not transferable. A person may renew certification only by successfully completing
certification training. Certification shall be revoked if the certified person is convicted
of violating any of the statutes or rules governing testing for aquatic species diseases.
Certification may be suspended during an investigation associated with misconduct or
violations of fish health testing and collection. The commissioner shall notify the person
that certification is being revoked or suspended.
new text end

new text begin Subd. 3. new text end

new text begin Conflict of interest. new text end

new text begin A fish collector may not oversee the collection of fish
from a facility or a water body when the collector has a conflict of interest in connection
with the outcome of the testing.
new text end

Sec. 4.

Minnesota Statutes 2008, section 17.4991, subdivision 3, is amended to read:


Subd. 3.

Fish health inspection.

(a) An aquatic farm propagating deleted text begintrout, salmon,deleted text endnew text begin
salmonids
new text end or catfish and having an effluent discharge from the aquatic farm into public
waters must have a fish health inspection conducted at least once every 12 months by a
certified fish health inspector. Testing must be conducted according to deleted text beginapproveddeleted text endnew text begin the Fish
Health Blue Book
new text end laboratory methods.

new text begin (b) An aquatic farm propagating any species on the viral hemorrhagic septicemia
(VHS) susceptible list and having an effluent discharge from the aquatic farm into public
waters must test for VHS virus using the guidelines of the Fish Health Blue Book or the
Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of
Epizootics (OIE). The commissioner may, by written order published in the State Register,
prescribe alternative testing time periods and methods from those prescribed in the Fish
Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
biosecurity measures will not be compromised. These alternatives are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
must provide reasonable notice to affected parties of any changes in testing requirements.
new text end

new text begin (c) Results of fish health inspections must be provided to the commissioner for all
fish that remain in the state. All data used to prepare and issue a fish health certificate must
be maintained for three years by the issuing fish health inspector, approved laboratory, or
accredited veterinarian.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end A health inspection fee must be charged based on each lot of fish sampled.
The fee by check or money order payable to the Department of Natural Resources must
be prepaid or paid at the time a bill or notice is received from the commissioner that the
inspection and processing of samples is completed.

deleted text begin (c)deleted text endnew text begin (e)new text end Upon receipt of payment and completion of inspection, the commissioner
shall notify the operator and issue a fish health certificate. The certification must be made
according to the Fish Health Blue Book by a person certified as a fish health inspector.

deleted text begin (d)deleted text endnew text begin (f)new text end All aquatic life in transit or held at transfer stations within the state may
be inspected by the commissioner. This inspection may include the collection of stock
for purposes of pathological analysis. Sample size necessary for analysis will follow
guidelines listed in the Fish Health Blue Book.

deleted text begin (e)deleted text endnew text begin (g)new text end Salmonids and catfish must have a fish health inspection before being
transported from a containment facility, unless the fish are being transported directly to
an outlet for processing or other food purposes or unless the commissioner determines
that an inspection is not needed. A fish health inspection conducted for this purpose need
only be done on the lot or lots of fish that will be transported. The commissioner must
conduct a fish health inspection requested for this purpose within five working days of
receiving written notice. Salmonids and catfish may be immediately transported from a
containment facility to another containment facility once a sample has been obtained for a
health inspection or once the five-day notice period has expired.

Sec. 5.

Minnesota Statutes 2008, section 17.4994, is amended to read:


17.4994 SUCKER EGGS.

Sucker eggs may be taken from public waters with a sucker egg license endorsementdeleted text begin,
which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres
of licensed surface waters except that for intensive culture systems, sucker eggs may be
taken at a rate of two quarts per 1,000 muskellunge fry being reared
deleted text endnew text begin for the fee prescribed
in section 97A.475, subdivision 29
new text end. deleted text beginThedeleted text end Taking deleted text beginofdeleted text end sucker eggs from public waters is
subject to chapter 97C and may be supervised by the commissioner.new text begin The commissioner
may limit the amount of sucker eggs that a person with a sucker egg license endorsement
may take based on the number of sucker eggs taken historically by the licensee, new
requests for eggs, and the condition of the spawning runs at those historical streams and
rivers that have produced previous annual quotas.
new text end

Sec. 6.

Minnesota Statutes 2008, section 84.942, subdivision 1, is amended to read:


Subdivision 1.

Preparation.

The commissioner of natural resources shall prepare
deleted text begin a comprehensivedeleted text end fish and wildlife management deleted text beginplandeleted text endnew text begin plansnew text end designed to accomplish the
policy of section 84.941. deleted text beginThe comprehensive fish and wildlife management plan shall
include a strategic plan as outlined in subdivision 2. The strategic plan must be completed
by July 1, 1986. The management plan must also include the long-range and operational
plans as described in subdivisions 3 and 4. The management plan must be completed by
July 1, 1988.
deleted text end

Sec. 7.

Minnesota Statutes 2009 Supplement, section 84.95, subdivision 2, is amended
to read:


Subd. 2.

Purposes and expenditures.

Money from the reinvest in Minnesota
resources fund may only be spent for the following fish and wildlife conservation
enhancement purposes:

(1) development and implementation of the deleted text begincomprehensivedeleted text end fish and wildlife
management deleted text beginplandeleted text endnew text begin plansnew text end under section 84.942;

(2) implementation of the reinvest in Minnesota reserve program established by
section 103F.515;

(3) soil and water conservation practices to improve water quality, reduce soil
erosion and crop surpluses;

(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
wetlands, and public and private forest lands;

(5) acquisition and development of public access sites and recreation easements to
lakes, streams, and rivers for fish and wildlife oriented recreation;

(6) matching funds with government agencies, federally recognized Indian tribes and
bands, and the private sector for acquisition and improvement of fish and wildlife habitat;

(7) research and surveys of fish and wildlife species and habitat;

(8) enforcement of natural resource laws and rules;

(9) information and education;

(10) implementing the aspen recycling program under section 88.80 and for other
forest wildlife management projects; and

(11) necessary support services to carry out these purposes.

Sec. 8.

Minnesota Statutes 2008, section 84D.03, subdivision 3, is amended to read:


Subd. 3.

Bait harvest from infested waters.

(a) deleted text beginThedeleted text end Taking deleted text beginofdeleted text end wild animals from
infested waters for bait or aquatic farm purposes is prohibited, except as provided in
paragraph (b)new text begin and section 97C.341new text end.

(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish new text beginor certifiable diseases of fish as defined in
section 17.4982, subdivision 6
new text end, the taking of wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length.

new text begin (c) Equipment and gear authorized for minnow harvest in a designated infested
water by permit issued under paragraph (b) may not be transported to, or used in, any
waters other than waters specified in the permit.
new text end

Sec. 9.

Minnesota Statutes 2008, section 84D.11, subdivision 2a, is amended to read:


Subd. 2a.

Harvest of bait from infested waters.

The commissioner may issue a
permit to allow the harvest of baitnew text begin:
new text end

new text begin (1)new text end from waters that are designated as infested waters, except those designated
because they contain prohibited invasive species of fishnew text begin or certifiable diseases of fish as
defined in section 17.4982, subdivision 6; and
new text end

new text begin (2) from infested waters as allowed under section 97C.341, paragraph (c)new text end.

The permit shall include conditions necessary to avoid spreading aquatic invasive
species. Before receiving a permit, a person annually must satisfactorily complete aquatic
invasive species-related training provided by the commissioner.

Sec. 10.

Minnesota Statutes 2008, section 97A.015, subdivision 52, is amended to read:


Subd. 52.

Unprotected birds.

"Unprotected birds" means English sparrow,
blackbird, starling, magpie, cormorant, common pigeon, new text beginEurasian collared dove, new text endchukar
partridge, quail other than bobwhite quail, and mute swan.

Sec. 11.

Minnesota Statutes 2008, section 97A.101, subdivision 3, is amended to read:


Subd. 3.

Fishing may not be restricted.

Seasons or methods of taking fishnew text begin other
than minnows
new text end may not be restricted under this section.

Sec. 12.

Minnesota Statutes 2008, section 97A.311, subdivision 5, is amended to read:


Subd. 5.

Refunds.

(a) The commissioner may issue a refund on a license, not
including any issuing fees paid under section 97A.485, subdivision 6, ifnew text begin the request is
received within 90 days of the original license purchase and
new text end:

(1) the licensee dies before the opening of the licensed season. The original license
and a copy of the death certificate must be provided to the commissioner;

(2) the licensee is unable to participate in the licensed activity because the licensee is
called to active military duty or military leave is canceled during the entire open season of
the licensed activity. The original license and a copy of the military orders or notice of
cancellation of leave must be provided to the commissioner; deleted text beginor
deleted text end

(3) the licensee purchased two licenses for the same license season in errordeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) the licensee was not legally required to purchase the license to participate
in the activity.
new text end

(b) This subdivision does not apply to lifetime licenses.

Sec. 13.

Minnesota Statutes 2008, section 97A.331, subdivision 4, is amended to read:


Subd. 4.

Taking and possessing big game out of season.

new text begin(a) new text endA person that takes or
illegally possesses big game during the closed season is guilty of a gross misdemeanor.new text begin
The restitution value for a trophy deer taken or illegally possessed during the closed
season is according to paragraphs (b) to (d).
new text end

new text begin (b) The restitution value for trophy deer shall be determined based on the animal's
trophy score. The trophy score for deer shall be determined using the scoring system
developed by the Boone and Crockett Club.
new text end

new text begin (c) For typical trophy deer, the following restitution values, based on the Boone and
Crockett Club score, are:
new text end

new text begin (1) 135 or over and less than 160, $2,000;
new text end

new text begin (2) 160 or over and less than 180, $3,000;
new text end

new text begin (3) 180 or over and less than 200, $4,000; and
new text end

new text begin (4) 200 or over, $5,000.
new text end

new text begin (d) For nontypical trophy deer, the following restitution values, based on the Boone
and Crockett Club score, are:
new text end

new text begin (1) 160 or over and less than 185, $2,000;
new text end

new text begin (2) 185 or over and less than 205, $3,000;
new text end

new text begin (3) 205 or over and less than 225, $4,000; and
new text end

new text begin (4) 225 or over, $5,000.
new text end

Sec. 14.

Minnesota Statutes 2008, section 97A.345, is amended to read:


97A.345 RESTITUTION VALUE OF WILD ANIMALS.

(a) new text beginExcept for trophy deer restitution values provided under section 97A.331,
subdivision 4,
new text endthe commissioner may, by rules adopted under chapter 14, prescribe the
dollar value to the state of species of wild animals. The value may reflect the value to
other persons to legally take the wild animal, the replacement cost, or the intrinsic value
to the state of the wild animals. Species of wild animals with similar values may be
grouped together.

(b) The value of a wild animal under the rules adopted by the commissioner is prima
facie evidence of a wild animal's value under section 97A.341.

(c) The commissioner shall report annually to the legislature the amount of restitution
collected under section 97A.341 and the manner in which the funds were expended.

Sec. 15.

Minnesota Statutes 2008, section 97A.405, subdivision 2, is amended to read:


Subd. 2.

Personal possession.

(a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.

(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license, state
identification card, or other form of identification provided by the commissioner, if the
license has been sold to the person by electronic means but the actual license has not been
issued and received. A person charged with violating the license possession requirement
shall not be convicted if the person produces in court or the office of the arresting officer,
the actual license previously issued to that person, which was valid at the time of arrest,
or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
request of a conservation officer or peace officer, a licensee shall write the licensee's name
in the presence of the officer to determine the identity of the licensee.

(c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.

(d) A license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to
the licensee after purchase of a stamp validation only if the licensee pays an additional deleted text begin$2deleted text end
feenew text begin that covers the costs of producing and mailing a pictorial stampnew text end. A pictorial turkey
stamp may be purchased for a deleted text begin$2deleted text end feenew text begin that covers the costs of producing and mailing the
pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written
order published in the State Register, establish fees for providing the pictorial stamps.
The fees must be set in an amount that does not recover significantly more or less than
the cost of producing and mailing the stamps. The fees are not subject to the rulemaking
provisions of chapter 14, and section 14.386 does not apply
new text end.

Sec. 16.

Minnesota Statutes 2008, section 97A.421, subdivision 4a, is amended to read:


Subd. 4a.

Suspension for failure to appear in court or pay a fine or surcharge.

When a court reports to the commissioner that a person (1) has failed to appear in court
deleted text begin under the summons issueddeleted text endnew text begin in response to a notice to appear or fails to comply with other
orders of the court regarding the appearance or proceedings
new text end for a violation of the game
and fish laws or (2) has been convicted of violating a provision of the game and fish
laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
and refused or failed to comply with that sentence or to pay the fine or surcharge, the
commissioner shall suspend the game and fish license and permit privileges of the person
until notified by the court that the person has appeared in court under clause (1) or that any
fine or surcharge due the court has been paid under clause (2).

Sec. 17.

Minnesota Statutes 2008, section 97A.433, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Mandatory separate selection. new text end

new text begin The commissioner must conduct
a separate selection for 20 percent of the elk licenses to be issued each year. Only
individuals who have applied at least ten times for an elk license and who have never
received a license are eligible for this separate selection.
new text end

Sec. 18.

Minnesota Statutes 2008, section 97A.435, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginNumber of licenses to be issueddeleted text endnew text begin License issuancenew text end.

The
commissioner shall include in deleted text begina rule setting the dates for a turkey season the number of
licenses to be issued
deleted text endnew text begin rules setting turkey seasons the methods for issuing licenses for
those seasons
new text end.

Sec. 19.

Minnesota Statutes 2008, section 97A.435, subdivision 4, is amended to read:


Subd. 4.

Separate selection of eligible licensees.

(a) The commissioner may
conduct a separate selection for up to 20 percent of the turkey licenses to be issued for any
area. Only persons who are owners or tenants of and who live on at least 40 acres of land
in the area, and their new text beginimmediate new text endfamily members, are eligible applicants for turkey licenses
for the separate selection. The qualifying land may be noncontiguous. Persons who are
unsuccessful in a separate selection must be included in the selection for the remaining
licenses. Persons who obtain a license in a separate selection must allow public turkey
hunting on their land during that turkey season. A license issued under this subdivision is
restricted to the permit area where the qualifying land is located.

(b) The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.

Sec. 20.

Minnesota Statutes 2009 Supplement, section 97A.445, subdivision 1a,
is amended to read:


Subd. 1a.

Angling in a state park.

new text begin(a) new text endA resident may take fish by angling without
an angling licensenew text begin:
new text end

new text begin (1)new text end when shore fishing or wading on state-owned land within a state parkdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2)new text end when angling from a boat or floatdeleted text begin, this subdivision applies only to thosedeleted text endnew text begin or
through the ice on
new text end water bodies completely encompassed within the statutory boundary of
the state park.

new text begin (b)new text end The exemption from an angling license does not apply to waters where a trout
stamp is required.

Sec. 21.

Minnesota Statutes 2008, section 97A.502, is amended to read:


97A.502 DEER KILLED BY MOTOR VEHICLES.

new text begin (a) new text endDeer killed by a motor vehicle on a public road must be removed by the road
authority, as defined by section 160.02, subdivision 25new text begin, unless the driver of the motor
vehicle is allowed to possess the deer under paragraph (b)
new text end. The commissioner of natural
resources must provide to all road authorities standard forms for statistical purposes and
the tracking of wild animals.

new text begin (b) The driver of a motor vehicle that has collided with and killed a deer on a public
road has priority for a possession permit for the entire deer if the facts indicate that the
deer was not taken illegally.
new text end

Sec. 22.

Minnesota Statutes 2008, section 97A.535, subdivision 2a, is amended to read:


Subd. 2a.

Quartering of deer allowed.

A deer that has been tagged as required
in subdivision 1 may be quartered at the site of the kill. The animal's head new text beginor genitalia
new text endmust remain attached to one of the quartersnew text begin for male deer taken in a lottery deer area or
areas with antler point restrictions the animal's head must remain attached to one of the
quarters
new text end. The quarters must be presented together for registration under subdivision 2 and
must remain together until the deer is processed for storage.

Sec. 23.

Minnesota Statutes 2008, section 97A.545, subdivision 5, is amended to read:


Subd. 5.

Birds must be in undressed condition; exceptions.

(a) Except as
provided in paragraph (b), a person may ship or otherwise transport game birds in an
undressed condition only.

(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:

(1) were taken on a shooting preserve and are marked or identified in accordance
with section 97A.121, subdivision 5;

(2) were taken, dressed, and lawfully shipped or otherwise transported in another
state; deleted text beginor
deleted text end

(3) are migratory game birds that were lawfully tagged and packed by a federally
permitted migratory bird preservation facilitydeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) are doves shipped or transported in accordance with federal law.
new text end

Sec. 24.

Minnesota Statutes 2008, section 97B.015, subdivision 5a, is amended to read:


Subd. 5a.

Exemption for military personnel.

new text begin(a) new text endNotwithstanding subdivision 5deleted text begin,deleted text endnew text begin:new text end

new text begin (1) new text enda person who has successfully completed basic training in the United States
armed forces is exempt from the range and shooting exercise portion of the required
course of instruction for the firearms safety certificatenew text begin; and
new text end

new text begin (2) a person who has successfully completed basic training and training as a sniper
in the United States armed forces is exempt from both the classroom instruction and
the range and shooting exercise portions of the required course of instruction for the
firearms safety certificate
new text end.

new text begin (b) new text endThe commissioner may require written proof of the person's military training,
as deemed appropriate for implementing this subdivision. The commissioner shall
publicly announce deleted text beginthis exemptiondeleted text endnew text begin these exemptionsnew text end from the deleted text beginrange and shooting exercise
requirement
deleted text endnew text begin respective requirements for the firearms safety certificatenew text end and the availability
of the department's online, remote study option for adults seeking firearms safety
certification. new text beginExcept as provided in paragraph (a), new text endmilitary personnel new text beginand veterans new text endare
not exempt from deleted text beginany other requirementdeleted text endnew text begin the requirementsnew text end of this section for obtaining a
firearms safety certificate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, for applications for
firearms safety certificates received on or after that date.
new text end

Sec. 25.

Minnesota Statutes 2008, section 97B.022, subdivision 2, is amended to read:


Subd. 2.

Apprentice hunter validation requirements.

A resident born after
December 31, 1979, who is age deleted text begin12deleted text endnew text begin 13new text end or deleted text beginolderdeleted text endnew text begin overnew text end and who does not possess a new text beginhunter
education
new text endfirearms safety certificate may be issued an apprentice hunter validation. An
apprentice hunter validation is valid for only deleted text beginonedeleted text endnew text begin twonew text end license deleted text beginyeardeleted text endnew text begin yearsnew text end in a lifetime. An
individual in possession of an apprentice hunter validation may hunt small game deleted text beginanddeleted text endnew text begin,new text end
deernew text begin, and bearnew text end only when accompanied by an adult licensed to hunt in Minnesota whose
license was not obtained using an apprentice hunter validation. An apprentice hunter
validation holder must obtain all required licenses and stamps.

Sec. 26.

Minnesota Statutes 2008, section 97B.031, subdivision 5, is amended to read:


Subd. 5.

Scopes; visually impaired hunters.

(a) Notwithstanding any other law
to the contrary, the commissioner may issue a special permit, without a fee, to use a
muzzleloader with a scope to take deer during the muzzleloader season to a person who
obtains the required licenses and who has a visual impairment. The scope may not have
magnification capabilities.

(b) The visual impairment must be to the extent that the applicant is unable to
identify targets and the rifle sights at the same time without a scope. The visual impairment
and specific conditions must be established by medical evidence verified in writing bynew text begin
(1)
new text end a licensed physiciandeleted text begin,deleted text endnew text begin or a certified nurse practitioner or certified physician assistant
acting under the direction of a licensed physician; (2) a licensed
new text end ophthalmologistdeleted text begin,deleted text endnew text begin; new text end or new text begin(3)
a licensed
new text endoptometrist. The commissioner may request additional information from the
physician if needed to verify the applicant's eligibility for the permit.

(c) A permit issued under this subdivision may be valid for up to five years, based
on the permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.

(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this subdivision for cause, including a violation of the game and fish laws or rules.

(f) A person who knowingly makes a false application or assists another in making
a false application for a permit under this subdivision is guilty of a misdemeanor. A
physician, new text begincertified nurse practitioner, certified physician assistant, new text endophthalmologist, or
optometrist who fraudulently certifies to the commissioner that a person is visually
impaired as described in this subdivision is guilty of a misdemeanor.

Sec. 27.

Minnesota Statutes 2009 Supplement, section 97B.055, subdivision 3, is
amended to read:


Subd. 3.

Hunting from vehicle by disabled hunters.

(a) The commissioner may
issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
stationary motor vehicle to a person who obtains the required licenses and who has a
permanent physical disability that is more substantial than discomfort from walking. The
permit recipient must be:

(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
other mechanical support or prosthetic device; or

(2) unable to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist breathing.

(b) The permanent physical disability must be established by medical evidence
verified in writing by a licensed physician deleted text beginordeleted text endnew text begin,new text end chiropractornew text begin, or certified nurse practitioner
or certified physician assistant acting under the direction of a licensed physician
new text end. The
commissioner may request additional information from the physician or chiropractor
if needed to verify the applicant's eligibility for the permit. Notwithstanding section
97A.418, the commissioner may, in consultation with appropriate advocacy groups,
establish reasonable minimum standards for permits to be issued under this section. In
addition to providing the medical evidence of a permanent disability, the applicant must
possess a valid disability parking certificate authorized by section 169.345 or license
plates issued under section 168.021.

(c) A person issued a special permit under this subdivision and hunting deer may
take a deer of either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another member of a
party to take an antlerless deer under section 97B.301, subdivision 3.

(d) A permit issued under this subdivision is valid for five years.

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this section for cause, including a violation of the game and fish laws or rules.

(f) A person who knowingly makes a false application or assists another in making a
false application for a permit under this section is guilty of a misdemeanor. A physiciannew text begin,
certified nurse practitioner, certified physician assistant,
new text end or chiropractor who fraudulently
certifies to the commissioner that a person is permanently disabled as described in this
section is guilty of a misdemeanor.

(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
the entire life of the applicant if the commissioner determines that there is no chance
that an applicant will become ineligible for a permit under this section and the applicant
requests a lifetime permit.

Sec. 28.

Minnesota Statutes 2008, section 97B.075, is amended to read:


97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.

(a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.

(b) Big game may be taken from one-half hour before sunrise until one-half hour
after sunset.

(c) Except as otherwise prescribed by the commissioner on or before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner. On the opening day of the
duck season, shooting hours for migratory game birds, except woodcocknew text begin and dovesnew text end,
begin at 9:00 a.m.

Sec. 29.

Minnesota Statutes 2008, section 97B.106, subdivision 1, is amended to read:


Subdivision 1.

Qualifications for crossbow permits.

(a) The commissioner may
issue a special permit, without a fee, to take big game, small game, or rough fish with a
crossbow to a person that is unable to hunt or take rough fish by archery because of a
permanent or temporary physical disability. A crossbow permit issued under this section
also allows the permittee to use a bow with a mechanical device that draws, releases, or
holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).

(b) To qualify for a crossbow permit under this section, a temporary disability
must render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made. The permanent or temporary disability must
be established by medical evidence, and the inability to hunt or fish by archery for the
required period of time must be verified in writing by new text begin(1) new text enda licensed physiciannew text begin or a certified
nurse practitioner or certified physician assistant acting under the direction of a licensed
physician;
new text end or new text begin(2) a licensed new text endchiropractor. A person who has received a special permit
under this section because of a permanent disability is eligible for subsequent special
permits without providing medical evidence and verification of the disability.

(c) The person must obtain the appropriate license.

Sec. 30.

Minnesota Statutes 2008, section 97B.325, is amended to read:


97B.325 DEER STAND RESTRICTIONS.

A person may not take deer from a constructed platform or other structure that is
located within the right-of-way of an improved public highway deleted text beginor is higher than 16 feet
above the ground. The height restriction does not apply to a portable stand that is chained,
belted, clamped, or tied with rope
deleted text end.

Sec. 31.

Minnesota Statutes 2008, section 97B.405, is amended to read:


97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.

(a) The commissioner may limit the number of persons that may hunt bear in an
area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
The commissioner may establish, by rule, a method, including a drawing, to impartially
select the hunters for an area. The commissioner shall give preference to hunters that have
previously applied and have not been selected.

(b) In the case of a drawing, the commissioner shall allow a person to apply for a
permit in more than one area at the same time and rank the person's choice of area.

new text begin (c) A person selected through a drawing must purchase a license by the Friday
closest to July 31. Any remaining available licenses not purchased shall be issued
beginning the following Wednesday to those who applied unsuccessfully. Any remaining
available licenses not purchased by unsuccessful applicants may then be issued the
following week beginning on Wednesday to any eligible person as prescribed by the
commissioner on a first-come, first-served basis.
new text end

Sec. 32.

new text begin [97B.4251] BAITING BEAR; USE OF DRUM.
new text end

new text begin Notwithstanding section 97B.425, a private landowner or person authorized by the
private landowner may use a drum to bait bear on the person's private land. The drum
must be securely chained or cabled to a tree so that it cannot be moved from the site by a
bear and the drum may not include a mechanical device for dispensing feed. The drum
must be marked with the name and address of the person who registered the bait site. For
purposes of this section, "drum" means a 30 gallon or larger drum.
new text end

Sec. 33.

Minnesota Statutes 2008, section 97B.515, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Taking elk causing damage or nuisance. new text end

new text begin The commissioner may
authorize the taking of elk that are causing damage or nuisance by licensed hunters from
September 1 to March 1 under rules prescribed by the commissioner. The commissioner
may select and issue licenses to hunters from lists of license applicants based on their
interest, proximity, and availability to quickly respond to the damage or nuisance situation.
A person receiving a license to hunt elk under this subdivision is not subject to the
requirements of section 97A.433, subdivision 2, clause (2), and does not lose eligibility
for future elk hunts.
new text end

Sec. 34.

Minnesota Statutes 2009 Supplement, section 97B.811, subdivision 3, is
amended to read:


Subd. 3.

Restrictions on leaving decoys unattended.

During the open season for
waterfowl, a person may not leave decoys in public waters between sunset and two hours
before lawful shooting hours or leave decoys unattended during other times for more than
three consecutive hours unlessdeleted text begin:
deleted text end

deleted text begin (1)deleted text end the decoys are in waters deleted text beginadjacent todeleted text endnew text begin completely surrounded bynew text end private land
deleted text begin under the control of the hunter; and
deleted text end

deleted text begin (2) there is not natural vegetation growing in water sufficient to partially conceal a
hunter
deleted text endnew text begin and there is no public access to the waternew text end.

Sec. 35.

Minnesota Statutes 2008, section 97B.911, is amended to read:


97B.911 MUSKRAT SEASONS.

new text begin (a) Except as provided in paragraph (b), new text endthe commissioner may establish open
seasons and restrictions for taking muskrat.

new text begin (b) The fall open season for muskrat shall begin the third Saturday in October in
the forest trapping zone.
new text end

Sec. 36.

Minnesota Statutes 2008, section 97B.915, is amended to read:


97B.915 MINK SEASONS.

new text begin (a) Except as provided in paragraph (b), new text endthe commissioner may establish open
seasons and restrictions for taking mink.

new text begin (b) The fall open season for mink shall begin the third Saturday in October in the
forest trapping zone.
new text end

Sec. 37.

Minnesota Statutes 2008, section 97B.921, is amended to read:


97B.921 OTTER SEASONS.

new text begin (a) Except as provided in paragraph (b), new text endthe commissioner may establish open
seasons and restrictions for taking otter.

new text begin (b) The fall open season for otter shall begin the third Saturday in October in the
forest trapping zone.
new text end

Sec. 38.

Minnesota Statutes 2008, section 97B.925, is amended to read:


97B.925 BEAVER SEASONS.

new text begin (a) Except as provided in paragraph (b), new text endthe commissioner may establish open
seasons and restrictions for taking beaver.

new text begin (b) The fall open season for beaver shall begin the third Saturday in October in
the forest trapping zone.
new text end

Sec. 39.

new text begin [97B.927] INCIDENTAL TAKINGS.
new text end

new text begin A person who incidentally takes a muskrat or otter in a beaver trap during the beaver
season shall tag the animal with the person's name, license number, and the date, time,
and place where the animal was taken. The person must notify a conservation officer no
later than 24 hours after the taking. The person shall give the pelt of the animal to the
Minnesota Trappers Association. All proceeds from the sale of the pelts must be used to
support the association's education efforts.
new text end

Sec. 40.

Minnesota Statutes 2008, section 97C.005, subdivision 3, is amended to read:


Subd. 3.

Seasons, limits, and other rules.

The commissioner may, in accordance
with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
establish open seasons, limits, methods, and other requirements for taking fish on special
management waters.new text begin The commissioner may, by written order published in the State
Register, amend daily, possession, or size limits to make midseason adjustments that are
necessary based on available harvest, angling pressure, and population data to manage the
fisheries in the 1837 Ceded Territory in compliance with the court orders in Mille Lacs
Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in
daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14
and section 14.386 does not apply.
new text end

Sec. 41.

Minnesota Statutes 2008, section 97C.087, subdivision 2, is amended to read:


Subd. 2.

Application for tag.

Application for special fish management tags must
be accompanied by a $5, nonrefundable application fee for each tag. A person may not
make more than one tag application eachnew text begin calendarnew text end year. If a person makes more than one
application, the person is ineligible for a special fish management tag for that deleted text beginseasondeleted text endnew text begin
calendar year
new text end after determination by the commissioner, without a hearing.

Sec. 42.

Minnesota Statutes 2008, section 97C.205, is amended to read:


97C.205 TRANSPORTING AND STOCKING FISH.

(a) Except on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:

(1) is being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;

(2) is being transported for a fishing contest weigh-in under section 97C.081;

(3) is a minnow being transported under section 97C.505 or 97C.515;

(4) is being transported by a commercial fishing license holder under section
97C.821; or

(5) is being transported as otherwise authorized in this section or as prescribed for
certifiable diseases under sections 17.46 to 17.4999.

(b) The commissioner may adopt rules to allow and regulate:

(1) the transportation of fish and fish eggs; and

(2) the stocking of waters with fish or fish eggs.

(c) The commissioner must allow the possession of fish on special management or
experimental waters to be prepared as a meal on the ice or on the shore of that water
body if the fish:

(1) were lawfully taken;

(2) have been packaged by a licensed fish packer; and

(3) do not otherwise exceed the statewide possession limits.

(d) The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:

(1) prescribe methods to acquire brood stock for the ponds by seining public waters;

(2) allow the sporting organizations to own and use seines and other necessary
equipment; and

(3) prescribe methods for stocking the fish in public waters that give priority to the
needs of the community where the fish are reared and the desires of the organization
operating the rearing pond.

(e) A person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
and brown bullheads taken by anglingnew text begin, except as otherwise ordered by the commissioner
upon documentation of an emergency fish disease in Minnesota waters, as defined in
section 17.4982, subdivision 9
new text end. No more than four of each species may be transported at
any one time, and any individual fish can be no longer than ten inches in total length.new text begin The
commissioner may, by written order published in the State Register, prohibit transportation
of live fish under this paragraph to help prevent spread of an emergency fish disease
documented to occur in Minnesota waters. The order is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 43.

Minnesota Statutes 2008, section 97C.315, subdivision 1, is amended to read:


Subdivision 1.

Lines.

An angler may not use more than one line exceptnew text begin two lines
may be used to take fish
new text end:

(1) deleted text begintwo lines may be used to take fishdeleted text end through the ice; deleted text beginanddeleted text endnew text begin or
new text end

(2) deleted text beginthe commissioner may, by rule, authorize the use of two lines in areas designated
by the commissioner in Lake Superior
deleted text endnew text begin if the angler purchases a second line endorsement
for $10
new text end.

Sec. 44.

Minnesota Statutes 2008, section 97C.341, is amended to read:


97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.

(a) A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait.new text begin The commissioner may authorize use of game fish eggs as
bait and prescribe restrictions on their use.
new text end

(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being presentnew text begin, except as
provided in paragraph (c)
new text end. For purposes of this paragraph, "bait" includes fish, aquatic
worms, amphibians, invertebrates, and insects used for deleted text beginanglingdeleted text endnew text begin taking wild animalsnew text end.

new text begin (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
be used as:
new text end

new text begin (1) fresh or frozen bait on Lake Superior; or
new text end

new text begin (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
manner prescribed by rules adopted by the commissioner.
new text end

Sec. 45.

new text begin [348.125] COYOTE CONFLICT MANAGEMENT OPTION.
new text end

new text begin A county board may, by resolution, offer a bounty for the taking of coyotes (Canis
latrans) by all legal methods. The resolution may be made applicable to the whole or any
part of the county. The bounty must apply during the months specified in the resolution
and be in an amount determined by the board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 46. new text beginLAKE FLORIDA FISHING RESTRICTIONS.
new text end

new text begin The commissioner shall prohibit fishing on Lake Florida in the area surrounding
the outlet and carp trap one month prior to the open season for walleye, sauger, northern
pike, muskellunge, largemouth bass, and smallmouth bass, as provided under Minnesota
Statutes, section 97C.395, subdivision 1, paragraph (a), clause (1).
new text end

Sec. 47. new text beginRULEMAKING; SPEARING ON CASS LAKE.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part
6264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The
commissioner may use the good cause exemption under Minnesota Statutes, section
14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
apply except as provided under Minnesota Statutes, section 14.388.
new text end

Sec. 48. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435,
subdivision 5; 97B.511; 97B.515, subdivision 3; and 97B.811, subdivision 4,
new text end new text begin are repealed.
new text end