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HF 3124

as introduced - 86th Legislature (2009 - 2010) Posted on 02/22/2010 11:45am

KEY: stricken = removed, old language.
underscored = added, new language.
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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; 97A.015, subdivision 52, by
adding a subdivision; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.421,
subdivision 4a; 97A.433, by adding a subdivision; 97A.435, subdivision 1;
97A.545, subdivision 5; 97B.022, subdivision 2; 97B.031, subdivision 5;
97B.075; 97B.106, subdivision 1; 97B.515, by adding a subdivision; 97B.803;
97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.341; Minnesota
Statutes 2009 Supplement, sections 84.95, subdivision 2; 97A.445, subdivision
1a; 97B.055, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 17; repealing Minnesota Statutes 2008, sections 84.942, subdivisions 2,
3, 4; 97A.435, subdivision 5; 97B.022, subdivision 1.

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 begin for all lots of fish in a facilitydeleted text end new 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 begin leastdeleted text end new 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 begin trout, salmon,deleted text end new 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 begin approveddeleted text end new 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 end new 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 end new 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 end new 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 end new 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 end new text begin for the fee prescribed
in section 97A.475, subdivision 29
new text end . deleted text begin Thedeleted text end Taking deleted text begin ofdeleted 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 begin plandeleted text end new text begin plansnew text end designed to accomplish the
policy of section 84.941. deleted text begin The 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 begin comprehensivedeleted text end fish and wildlife
management deleted text begin plandeleted text end new 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 begin Thedeleted text end Taking deleted text begin ofdeleted text end wild animals from
infested waters for bait or aquatic farm purposes is prohibited, except as provided in
paragraph (b).

(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish, 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) Nets, traps, buoys, anchors, stakes, and lines used for minnow harvest in an
infested water that is designated because it contains invasive fish, invasive invertebrates,
or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.
new text end

Sec. 9.

Minnesota Statutes 2008, section 97A.015, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Accompanied. new text end

new text begin "Accompanied" means:
new text end

new text begin (1) for a youth age 13 or under hunting small game other than wild turkey, a parent or
guardian over age 18 is within unaided sight and hearing distance of the youth hunter that is
adequate for the parent or guardian to provide direction and control over the youth hunter;
new text end

new text begin (2) for a youth age 13 or under hunting wild turkey or big game, a parent or guardian
over age 18 is in close enough proximity of the youth hunter for the parent or guardian to
immediately assume control of the youth hunter's firearm or bow; or
new text end

new text begin (3) for a person age 13 or over born after December 31, 1979, and hunting with an
apprentice hunter validation under section 97B.022, an adult licensed to hunt in Minnesota
whose license was not obtained using an apprentice hunter validation is within unaided
sight and hearing distance of the person that is adequate for the licensed adult to provide
direction and control over the apprentice hunter.
new text end

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 begin Eurasian collared dove, new text end chukar
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 begin or
deleted text end

(3) the licensee purchased two licenses for the same license season in errordeleted text begin .deleted text end new 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.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 end new 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. 14.

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. 15.

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


Subdivision 1.

deleted text begin Number of licenses to be issueddeleted text end new text begin License issuancenew text end .

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

Sec. 16.

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 end A 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 end new 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 end new 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. 17.

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 begin or
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 end new text begin ; or
new text end

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

Sec. 18.

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 begin 12deleted text end new text begin 13new text end or deleted text begin olderdeleted text end new text begin overnew text end and who does not possess a new text begin hunter
education
new text end firearms safety certificate may be issued an apprentice hunter validation. An
apprentice hunter validation is valid for only deleted text begin onedeleted text end new text begin twonew text end license deleted text begin yeardeleted text end new text begin yearsnew text end in a lifetime. An
individual in possession of an apprentice hunter validation may hunt small game deleted text begin anddeleted text end new 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. 19.

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 end new 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 end new text begin ; new text end or new text begin (3)
a licensed
new text end optometrist. The commissioner may request additional information from the
physician if needed to verify the applicant's eligibility for the permit.

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

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

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

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

Sec. 20.

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 begin ordeleted text end new 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. 21.

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. 22.

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 end a 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 end chiropractor. 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. 23.

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. 24.

Minnesota Statutes 2008, section 97B.803, is amended to read:


97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.

deleted text begin (a)deleted text end The commissioner shall prescribe seasons, limits, and areas for taking migratory
waterfowl in accordance with federal law.

deleted text begin (b) The regular duck season may not open before the Saturday closest to October 1.
deleted text end

Sec. 25.

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. 26.

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 begin seasondeleted text end new text begin
calendar year
new text end after determination by the commissioner, without a hearing.

Sec. 27.

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. 28.

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 present. For
purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates,
and insects used for deleted text begin anglingdeleted text end new text begin taking wild animalsnew text end .

Sec. 29. 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; and 97B.022, subdivision 1,
new text end new text begin are repealed.
new text end