HF 3568

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; amending laws relating 
  1.3             to the commercial taking of turtles; amending 
  1.4             Minnesota Statutes 1998, sections 97A.045, subdivision 
  1.5             1; 97A.475, subdivision 41; and 97C.605, subdivisions 
  1.6             2 and 3; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 97C. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 97A.045, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [DUTIES; GENERALLY.] (a) The commissioner 
  1.12  shall do all things the commissioner determines are necessary to 
  1.13  preserve, protect, and propagate desirable species of wild 
  1.14  animals.  The commissioner shall make special provisions for the 
  1.15  management of fish and wildlife to ensure recreational 
  1.16  opportunities for anglers and hunters.  The commissioner shall 
  1.17  acquire wild animals for breeding or stocking and may dispose of 
  1.18  or destroy undesirable or predatory wild animals.  
  1.19     (b) The legislature finds that wildlife businesses are in 
  1.20  the public interest of the state.  The commissioner shall 
  1.21  provide only reasonable restrictions on wildlife businesses to 
  1.22  avoid demonstrated adverse effects on resources or to protect 
  1.23  from unreasonable interference with public recreation. 
  1.24     Sec. 2.  Minnesota Statutes 1998, section 97A.475, 
  1.25  subdivision 41, is amended to read: 
  1.26     Subd. 41.  [TURTLE SELLERS; HELPER.] The fee fees for the 
  2.1   following licenses are: 
  2.2      (1) for a license to take, transport, purchase, and possess 
  2.3   turtles for sale is, $70; and 
  2.4      (2) for a resident turtle seller's helper, $25.  
  2.5      Sec. 3.  Minnesota Statutes 1998, section 97C.605, 
  2.6   subdivision 2, is amended to read: 
  2.7      Subd. 2.  [SALES LICENSE.] Except as provided in section 
  2.8   97C.606, a person may not take, possess, transport, or purchase 
  2.9   turtles for sale without a turtle seller's license.  A turtle 
  2.10  seller's license is not required to buy turtles for retail sale 
  2.11  to consumers: 
  2.12     (1) at a location licensed by the department of agriculture 
  2.13  or health for sale or preparation of food; 
  2.14     (2) of a person licensed by the department of agriculture 
  2.15  or health for sale or preparation of food; or 
  2.16     (3) of a person buying turtle at a retail outlet.  
  2.17     Sec. 4.  Minnesota Statutes 1998, section 97C.605, 
  2.18  subdivision 3, is amended to read: 
  2.19     Subd. 3.  [TAKING; METHODS PROHIBITED.] (a) Except as 
  2.20  allowed in paragraph (b), a person may take turtles in any 
  2.21  manner, except by use of: 
  2.22     (1) explosives, drugs, poisons, lime, and other harmful 
  2.23  substances; 
  2.24     (2) traps; or 
  2.25     (3) nets other than anglers' fish landing nets.  
  2.26     (b) A person with a turtle seller's license may take 
  2.27  turtles with a floating turtle trap that: 
  2.28     (1) has one or more openings above the water surface that 
  2.29  measure at least ten inches by four inches; and 
  2.30     (2) has a mesh size of not less than one-half inch, bar 
  2.31  measure. 
  2.32     (c) The commissioner may prescribe additional regulations 
  2.33  for taking turtles for sale.  Regulations on mesh size of net, 
  2.34  number of traps, and frequency of tending must differentiate 
  2.35  between the species of turtle and be based on demonstrated need. 
  2.36     Sec. 5.  [97C.606] [TURTLE SELLER'S HELPER LICENSE.] 
  3.1      (a) A person with a turtle seller's license may list one 
  3.2   person as a helper on the license.  A person acting as a helper 
  3.3   for a turtle seller's licensee must have a turtle seller's 
  3.4   helper license.  The turtle seller's licensee or the turtle 
  3.5   seller's helper listed on the license must be present at all 
  3.6   commercial turtle operations, including going to and from taking 
  3.7   locations, or in setting or lifting nets, or removing turtles 
  3.8   from nets.  A person possessing an angling license may assist 
  3.9   the holder of a turtle seller's or turtle seller's helper 
  3.10  license in going to and from taking locations, or in setting or 
  3.11  lifting nets, or removing turtles from nets. 
  3.12     (b) A turtle seller's helper license is transferable to 
  3.13  another by the holder of a turtle seller license applying to the 
  3.14  commissioner. 
  3.15     Sec. 6.  [EFFECTIVE DATE.] 
  3.16     Sections 1 to 5 are effective the day following final 
  3.17  enactment.