HF 313

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; modifying certain fish 
  1.3             habitat and propagation provisions; authorizing the 
  1.4             commissioner to establish special hunts for youth; 
  1.5             authorizing rules to restrict airboats; modifying 
  1.6             provisions relating to taking minnows; authorizing the 
  1.7             commissioner to sell merchandise; modifying stamp 
  1.8             provisions; modifying the procedure for vacating or 
  1.9             modifying a state game refuge; defining terms; 
  1.10            prohibiting airboats on certain lakes; modifying 
  1.11            license provisions; providing criminal penalties; 
  1.12            appropriating money; amending Minnesota Statutes 1996, 
  1.13            sections 17.4982, by adding subdivisions; 17.4983, by 
  1.14            adding a subdivision; 17.4993; 17.4998; 84.0855; 
  1.15            97A.015, subdivisions 49, 53, and by adding a 
  1.16            subdivision; 97A.045, subdivision 7; 97A.075, 
  1.17            subdivision 3; 97A.085, subdivision 8; 97A.101, by 
  1.18            adding a subdivision; 97A.411, subdivision 3; 97A.421, 
  1.19            subdivision 1; 97A.465, subdivision 4; 97A.485, 
  1.20            subdivision 9; 97B.655, subdivision 1; 97B.805, 
  1.21            subdivision 2; 97C.035, subdivision 1; 97C.211, 
  1.22            subdivisions 1, 2a, and by adding a subdivision; 
  1.23            97C.505, by adding a subdivision; and 168.1291, 
  1.24            subdivision 1; proposing coding for new law in 
  1.25            Minnesota Statutes, chapter 97B; repealing Minnesota 
  1.26            Statutes 1996, sections 97A.111; and 97C.515, 
  1.27            subdivision 4. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29     Section 1.  Minnesota Statutes 1996, section 17.4982, is 
  1.30  amended by adding a subdivision to read: 
  1.31     Subd. 18a.  [NONINDIGENOUS.] "Nonindigenous" means 
  1.32  introduced into an area beyond a species' natural range or range 
  1.33  of natural dispersal. 
  1.34     Sec. 2.  Minnesota Statutes 1996, section 17.4982, is 
  1.35  amended by adding a subdivision to read: 
  1.36     Subd. 18b.  [NONINDIGENOUS SPECIES.] "Nonindigenous species"
  2.1   means a species of fish or other aquatic life that is: 
  2.2      (1) not known to have been historically present in the 
  2.3   state; 
  2.4      (2) not known to be naturally occurring in a particular 
  2.5   part of the state; or 
  2.6      (3) designated by rule as a prohibited or restricted exotic 
  2.7   species. 
  2.8      Sec. 3.  Minnesota Statutes 1996, section 17.4982, is 
  2.9   amended by adding a subdivision to read: 
  2.10     Subd. 18c.  [NONINDIGENOUS STRAIN.] "Nonindigenous strain" 
  2.11  means a species of fish or other aquatic life that: 
  2.12     (1) has a genotype from outside of this state and 
  2.13  contiguous states; 
  2.14     (2) is an unnaturally occurring hybrid, genetically 
  2.15  selected strain, genetically engineered species, or genetically 
  2.16  altered species; or 
  2.17     (3) in areas north of marked state highway 210, is a 
  2.18  walleye, the genotype of which is from south of marked state 
  2.19  highway 210 or from outside the state. 
  2.20     Sec. 4.  Minnesota Statutes 1996, section 17.4982, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 18d.  [PROCESSING.] "Processing" means rendering a 
  2.23  species of aquatic life for food, bait, or other purposes so 
  2.24  that it is no longer alive. 
  2.25     Sec. 5.  Minnesota Statutes 1996, section 17.4983, is 
  2.26  amended by adding a subdivision to read: 
  2.27     Subd. 8.  [INTERFERENCE PROHIBITED.] A person may not 
  2.28  knowingly damage, disturb, or interfere with legal aquatic farm 
  2.29  operations. 
  2.30     Sec. 6.  Minnesota Statutes 1996, section 17.4993, is 
  2.31  amended to read: 
  2.32     17.4993 [TAKING MINNOWS FROM PUBLIC WATERS.] 
  2.33     Subdivision 1.  [TAKING FROM PUBLIC WATERS.] A licensee may 
  2.34  take minnow sperm, minnow eggs, and live minnows from public 
  2.35  waters, except as otherwise prohibited, for aquatic farm 
  2.36  purposes under an aquatic farm license, except that sucker eggs 
  3.1   and sperm may only be taken with a sucker egg license 
  3.2   endorsement as provided by section 17.4994. 
  3.3      Subd. 2.  [IMPORTATION OF LIVE MINNOWS.] Minnows from 
  3.4   outside the state may not be imported live by a licensee for 
  3.5   purposes other than processing or feeding aquatic farm fish. 
  3.6      Sec. 7.  Minnesota Statutes 1996, section 17.4998, is 
  3.7   amended to read: 
  3.8      17.4998 [VIOLATIONS; PENALTY.] 
  3.9      Subdivision 1.  [MISDEMEANOR.] Unless a different penalty 
  3.10  is prescribed, a violation of a provision of sections 17.4981 to 
  3.11  17.4997 or a rule of the commissioner governing the operation of 
  3.12  an aquatic farm, private fish hatchery, or quarantine facility 
  3.13  is a misdemeanor. 
  3.14     Subd. 2.  [PETTY MISDEMEANOR.] A first and second 
  3.15  violation, within a three-year period, of sections 17.4981 to 
  3.16  17.4997 or a rule of the commissioner governing the operation of 
  3.17  an aquatic farm, private fish hatchery, or quarantine facility 
  3.18  is a petty misdemeanor if it does not involve intentionally 
  3.19  falsifying records and does not put public waters or other fish 
  3.20  hatchery facilities at risk from nonindigenous species, 
  3.21  nonindigenous strains, or emergency fish diseases. 
  3.22     Subd. 3.  [LICENSE VOID.] The license of a person convicted 
  3.23  of a violation of sections 17.4981 to 17.4997 or a rule of the 
  3.24  commissioner governing the operation of an aquatic farm, private 
  3.25  fish hatchery, or quarantine facility is void for a period of 
  3.26  one year after the conviction if the person is convicted of two 
  3.27  or more misdemeanors within a three-year period.  If the 
  3.28  commissioner determines that the public welfare will not be 
  3.29  injured, the commissioner may reinstate a license voided under 
  3.30  this subdivision. 
  3.31     Sec. 8.  Minnesota Statutes 1996, section 84.0855, is 
  3.32  amended to read: 
  3.33     84.0855 [SPECIAL SALES; RECEIPTS; APPROPRIATION.] 
  3.34     Subdivision 1.  [SALES AUTHORIZED; GIFT CERTIFICATES.] The 
  3.35  commissioner may sell natural resources-related publications and 
  3.36  maps; federal migratory waterfowl, junior duck, and other 
  4.1   federal stamps; and other nature-related merchandise, and may 
  4.2   rent or sell items for the convenience of persons using 
  4.3   department of natural resources facilities or services.  The 
  4.4   commissioner may sell gift certificates for any items rented or 
  4.5   sold.  Notwithstanding section 16A.1285, a fee charged by the 
  4.6   commissioner under this section may include a reasonable amount 
  4.7   in excess of the actual cost to support department of natural 
  4.8   resources programs.  The commissioner may advertise the 
  4.9   availability of a program or item offered under this section.  
  4.10     Subd. 2.  [RECEIPTS; APPROPRIATION.] Money received by the 
  4.11  commissioner of natural resources as fees for seminars or 
  4.12  workshops, from the sale of publications and maps, from the sale 
  4.13  of other natural resource related merchandise, under this 
  4.14  section or to buy supplies for the use of volunteers, may be 
  4.15  credited to one or more special accounts in the state treasury 
  4.16  and is appropriated to the commissioner for the purposes for 
  4.17  which the money was received.  Money received from sales at the 
  4.18  state fair shall be available for state fair related costs.  
  4.19     Sec. 9.  Minnesota Statutes 1996, section 97A.015, is 
  4.20  amended by adding a subdivision to read: 
  4.21     Subd. 37a.  [PROCESSING.] "Processing" means rendering a 
  4.22  species of aquatic life for food, bait, or other purposes so 
  4.23  that it is no longer alive. 
  4.24     Sec. 10.  Minnesota Statutes 1996, section 97A.015, 
  4.25  subdivision 49, is amended to read: 
  4.26     Subd. 49.  [UNDRESSED BIRD.] "Undressed bird" means:  
  4.27     (1) a bird, excluding migratory waterfowl, pheasant, 
  4.28  Hungarian partridge, or grouse, with feet and feathered head 
  4.29  intact; 
  4.30     (2) a migratory waterfowl, excluding geese, with a fully 
  4.31  feathered wing and head attached; or 
  4.32     (3) a pheasant, Hungarian partridge, or grouse with one leg 
  4.33  and foot or the fully feathered head or wing intact; or 
  4.34     (4) a goose with a fully feathered wing attached. 
  4.35     Sec. 11.  Minnesota Statutes 1996, section 97A.015, 
  4.36  subdivision 53, is amended to read: 
  5.1      Subd. 53.  [UNPROTECTED WILD ANIMALS.] "Unprotected wild 
  5.2   animals" means wild animals that are not protected wild animals 
  5.3   including weasel, coyote (brush wolf), gopher, 
  5.4   porcupine, striped skunk, civet cat, and unprotected birds. 
  5.5      Sec. 12.  Minnesota Statutes 1996, section 97A.045, 
  5.6   subdivision 7, is amended to read: 
  5.7      Subd. 7.  [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 
  5.8   (a) The commissioner shall encourage the purchase of: 
  5.9      (1) Minnesota migratory waterfowl stamps by nonhunters 
  5.10  interested in the migratory waterfowl preservation and habitat 
  5.11  development; 
  5.12     (2) pheasant stamps by persons interested in pheasant 
  5.13  habitat improvement; and 
  5.14     (3) trout and salmon stamps by persons interested in trout 
  5.15  and salmon stream and lake improvement; and 
  5.16     (4) turkey stamps by persons interested in wild turkey 
  5.17  management and habitat improvement.  
  5.18     (b) The commissioner shall make rules governing contests 
  5.19  for selecting a design for each stamp. 
  5.20     Sec. 13.  Minnesota Statutes 1996, section 97A.075, 
  5.21  subdivision 3, is amended to read: 
  5.22     Subd. 3.  [TROUT AND SALMON STAMP.] (a) Ninety percent of 
  5.23  the revenue from trout and salmon stamps must be credited to the 
  5.24  trout and salmon management account.  Money in the account may 
  5.25  be used only for: 
  5.26     (1) the development, restoration, maintenance, and 
  5.27  preservation of trout streams and lakes; and 
  5.28     (2) rearing and stocking of trout and salmon in trout 
  5.29  streams and lakes and Lake Superior; 
  5.30     (3) acquisition of easements and fee title along trout 
  5.31  waters, including the costs of identifying the areas for the 
  5.32  public; and 
  5.33     (4) research and special management projects on Lake 
  5.34  Superior and the anadromous portions of its tributaries.  
  5.35     (b) Money in the account may not be used for costs unless 
  5.36  they are directly related to a specific parcel of land or body 
  6.1   of water under paragraph (a) or to specific fish rearing 
  6.2   activities under paragraph (a), clause (2). 
  6.3      Sec. 14.  Minnesota Statutes 1996, section 97A.085, 
  6.4   subdivision 8, is amended to read: 
  6.5      Subd. 8.  [MODIFICATION OR ABANDONMENT.] A state game 
  6.6   refuge may be vacated or modified by the commissioner under the 
  6.7   same procedures required for establishment of the refuge, except 
  6.8   that a refuge established or modified under subdivision 2 or 3 
  6.9   may be vacated or modified following a public hearing as 
  6.10  specified in subdivision 4a.  
  6.11     Sec. 15.  Minnesota Statutes 1996, section 97A.101, is 
  6.12  amended by adding a subdivision to read: 
  6.13     Subd. 4.  [AIRBOATS PROHIBITED.] The use of airboats is 
  6.14  prohibited at all times on lakes designated for wildlife 
  6.15  management purposes under this section. 
  6.16     Sec. 16.  Minnesota Statutes 1996, section 97A.411, 
  6.17  subdivision 3, is amended to read: 
  6.18     Subd. 3.  [ARCHERY DEER LICENSE.] (a) Except as provided in 
  6.19  paragraph paragraphs (b) and c, a license to take deer by 
  6.20  archery, firearms, or muzzleloader issued after the opening of 
  6.21  the related archery, firearms, or muzzleloader deer season, 
  6.22  respectively, is not valid until the fifth second day after it 
  6.23  is issued.  
  6.24     (b) The commissioner may issue a license to take a second 
  6.25  additional deer by archery under section 97B.301, subdivision 4, 
  6.26  that is valid immediately upon issuance. 
  6.27     (c) Paragraph (a) does not apply to deer licenses for 
  6.28  discharged military personnel under section 97A.465, subdivision 
  6.29  4. 
  6.30     Sec. 17.  Minnesota Statutes 1996, section 97A.421, 
  6.31  subdivision 1, is amended to read: 
  6.32     Subdivision 1.  [GENERAL.] (a) The license of a person 
  6.33  convicted of a violation of the game and fish laws relating to 
  6.34  the license or wild animals covered by the license is void when: 
  6.35     (1) a second conviction occurs within three years under a 
  6.36  license to take small game or to take fish by angling or 
  7.1   spearing; 
  7.2      (2) a third conviction occurs within one year under a 
  7.3   minnow dealer's license; 
  7.4      (3) a second conviction occurs within three years for 
  7.5   violations of section 97A.425 that do not involve falsifications 
  7.6   or intentional omissions of information required to be recorded, 
  7.7   or attempts to conceal unlawful acts within the records; or 
  7.8      (4) two or more misdemeanor convictions occur within a 
  7.9   three-year period under a private fish hatchery license; or 
  7.10     (5) the conviction occurs under a license not described in 
  7.11  clause (1) or, (2), or (4) or is for a violation of section 
  7.12  97A.425 not described in clause (3).  
  7.13     (b) Except for big game licenses and as otherwise provided 
  7.14  in this section, for one year after the conviction the person 
  7.15  may not obtain the kind of license relating to the game and fish 
  7.16  law violation.  
  7.17     Sec. 18.  Minnesota Statutes 1996, section 97A.465, 
  7.18  subdivision 4, is amended to read: 
  7.19     Subd. 4.  [DISCHARGED RESIDENT; OBTAINING DEER LICENSE 
  7.20  DURING SEASON.] Notwithstanding section 97A.485, subdivision 9, 
  7.21  A resident who is discharged from the United States armed forces 
  7.22  during, or within ten days before, the firearms deer season may, 
  7.23  upon showing the official discharge paper, obtain a firearm deer 
  7.24  license during the season that is valid immediately upon 
  7.25  issuance.  
  7.26     Sec. 19.  Minnesota Statutes 1996, section 97A.485, 
  7.27  subdivision 9, is amended to read: 
  7.28     Subd. 9.  [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON 
  7.29  OPENS.] (a) The following licenses may not be issued after the 
  7.30  day before the opening of the related firearms season: 
  7.31     (1) to take deer with firearms, except a license to take 
  7.32  more than one deer under section 97B.301, subdivision 4; 
  7.33     (2) to guide bear hunters; and 
  7.34     (3) (2) to guide turkey hunters.  
  7.35     (b) Paragraph (a) does not apply to deer licenses for 
  7.36  discharged military personnel under section 97A.465, subdivision 
  8.1   4.  
  8.2      (c) A nonresident license or tag to take and possess 
  8.3   raccoon, bobcat, Canada lynx, or fox may not be issued after the 
  8.4   fifth day of the open season.  
  8.5      Sec. 20.  [97B.112] [SPECIAL HUNTS FOR YOUTH.] 
  8.6      The commissioner may by rule establish criteria, special 
  8.7   seasons, and limits for youth hunters to take big game and small 
  8.8   game by firearms or archery in designated areas or times.  The 
  8.9   criteria may also include provisions for an unlicensed adult to 
  8.10  assist a youth hunter during a special season or special hunt 
  8.11  established under this section. 
  8.12     Sec. 21.  Minnesota Statutes 1996, section 97B.655, 
  8.13  subdivision 1, is amended to read: 
  8.14     Subdivision 1.  [OWNERS AND OCCUPANTS MAY TAKE CERTAIN 
  8.15  ANIMALS.] A person may take mink, squirrel, rabbit, hare, 
  8.16  raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver on land 
  8.17  owned or occupied by the person where the animal is causing 
  8.18  damage.  The person may take the animal without a license and in 
  8.19  any manner except by poison, or artificial lights in the closed 
  8.20  season.  Raccoons may be taken under this subdivision with 
  8.21  artificial lights during open season.  A person that kills mink, 
  8.22  raccoon, lynx, bobcat, fox, muskrat, or beaver under this 
  8.23  subdivision must bring the entire animal to a conservation 
  8.24  officer or employee of the division within 24 hours after the 
  8.25  animal is killed. 
  8.26     Sec. 22.  Minnesota Statutes 1996, section 97B.805, 
  8.27  subdivision 2, is amended to read: 
  8.28     Subd. 2.  [RESTRICTIONS ON WATERCRAFT.] 
  8.29     (a) A person using watercraft to take migratory waterfowl 
  8.30  must comply with subdivision 1.  
  8.31     (b) Migratory waterfowl may be taken from a watercraft 
  8.32  propelled by motor or sails only if the watercraft has stopped 
  8.33  and the motor is shut off and the sails are furled.  
  8.34     (c) Migratory waterfowl may be taken from a floating 
  8.35  watercraft if the craft is drifting, beached, moored, resting at 
  8.36  anchor, or is being propelled by paddle, oars, or pole.  
  9.1      (d) The commissioner may adopt rules to restrict the use of 
  9.2   airboats for taking migratory waterfowl. 
  9.3      Sec. 23.  Minnesota Statutes 1996, section 97C.035, 
  9.4   subdivision 1, is amended to read: 
  9.5      Subdivision 1.  [CONDITIONS.] If the commissioner 
  9.6   determines that fish in shallow waters are endangered by lack of 
  9.7   oxygen in the winter, or if waters will be restored with the use 
  9.8   of piscicides, the commissioner shall may rescue the fish under 
  9.9   subdivision 2 or allow taking of the fish under subdivision 3.  
  9.10     Sec. 24.  Minnesota Statutes 1996, section 97C.211, 
  9.11  subdivision 1, is amended to read: 
  9.12     Subdivision 1.  [LICENSE REQUIRED.] A person may not 
  9.13  operate a private fish hatchery without a private fish hatchery 
  9.14  license.  A private fish hatchery is a facility for raising 
  9.15  fish, including minnows, for sale, stocking waters, angling, or 
  9.16  processing.  A private fish hatchery license is valid for five 
  9.17  years but must be renewed annually. 
  9.18     Sec. 25.  Minnesota Statutes 1996, section 97C.211, 
  9.19  subdivision 2a, is amended to read: 
  9.20     Subd. 2a.  [ACQUISITION OF FISH.] (a) A private fish 
  9.21  hatchery may not obtain fish outside of the state unless the 
  9.22  fish or the source of the fish are approved by the commissioner. 
  9.23  The commissioner may apply more stringent requirements to fish 
  9.24  or a source of fish from outside the state than are applied to 
  9.25  fish and sources of fish from within the state.  The 
  9.26  commissioner must either approve or deny the acquisition within 
  9.27  30 days after receiving a written request for approval.  Minnows 
  9.28  acquired must be processed and not released into public waters, 
  9.29  except as provided in section 97C.515, subdivision 4.  A request 
  9.30  may be for annual acquisition. 
  9.31     (b) If the commissioner denies approval, a written notice 
  9.32  must be submitted to the applicant stating the reasons for the 
  9.33  denial and the commissioner must:  
  9.34     (1) designate approved sources to obtain the desired fish 
  9.35  or fish eggs; or 
  9.36     (2) sell the fish or fish eggs from state fish hatcheries 
 10.1   at fair market value.  
 10.2      Sec. 26.  Minnesota Statutes 1996, section 97C.211, is 
 10.3   amended by adding a subdivision to read: 
 10.4      Subd. 6.  [NONPUBLIC RECORDS.] Information on production, 
 10.5   harvest, and sales of aquatic life by a private fish hatchery is 
 10.6   nonpublic information. 
 10.7      Sec. 27.  Minnesota Statutes 1996, section 97C.505, is 
 10.8   amended by adding a subdivision to read: 
 10.9      Subd. 7.  [INTERFERENCE PROHIBITED.] A person may not 
 10.10  knowingly damage, disturb, or interfere with legal commercial 
 10.11  minnow harvest operations. 
 10.12     Sec. 28.  Minnesota Statutes 1996, section 168.1291, 
 10.13  subdivision 1, is amended to read: 
 10.14     Subdivision 1.  [DEFINITION.] For purposes of this section 
 10.15  "special license plates" means license plates issued under 
 10.16  sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 
 10.17  168.1292; and 168.1296. 
 10.18     Sec. 29.  [REPEALER.] 
 10.19     Minnesota Statutes 1996, sections 97A.111; and 97C.515, 
 10.20  subdivision 4, is repealed. 
 10.21     Sec. 30.  [EFFECTIVE DATE.] 
 10.22     Section 8 is effective the day following final enactment.