HF 742

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/18/2013 04:44pm

A bill for an act
relating to natural resources; modifying commissioner's authorities and duties;
modifying definitions; modifying watercraft provisions; providing for certain
license seizures; modifying game and fish license provisions; modifying
requirements for taking game and fish; providing for certain all-terrain vehicle
registration and watercraft license exemptions; modifying nonresident all-terrain
vehicle state trail pass requirements; requiring rulemaking; amending Minnesota
Statutes 2012, sections 84.027, subdivision 13, by adding subdivisions; 84.922,
subdivision 1a; 84.9275, subdivision 1; 86B.005, subdivision 18, by adding
subdivisions; 86B.301, subdivision 2; 86B.501, subdivision 1; 86B.825,
subdivision 2; 97A.135, subdivision 3; 97A.420, subdivision 1; 97A.441,
subdivisions 6, 6a; 97A.445, subdivision 1; 97A.451, subdivisions 3, 3b, 4, 5,
by adding a subdivision; 97A.475, subdivisions 2, 8; 97A.485, subdivision 6;
97B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.071; 97B.112;
97C.341; 97C.345, subdivisions 1, 2; 97C.375; 97C.376, subdivisions 1, 2, 3;
repealing Minnesota Statutes 2012, sections 97A.451, subdivision 4a; 97C.346.

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

Section 1.

Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:

Subd. 13.

Game and fish rules.

(a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:

(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, to open or close bodies of water or portions of bodies of water for night bow
fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;

(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and

(3) section 84D.12 to designate prohibited invasive species, regulated invasive
species, unregulated nonnative species, and infested waters.

(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459, new text begin including the need to adjust season variables on an annual basis
based upon current biological and harvest data, new text end the commissioner may adopt a rule under
this subdivision by submitting the rule to the attorney general for review under section
97A.0455, publishing a notice in the State Register and filing the rule with the secretary
of state and the Legislative Coordinating Commission, and complying with section
97A.0459, and including a statement of the deleted text begin emergency deleted text end conditions and a copy of the rule
in the notice. The deleted text begin emergency deleted text end conditions for opening a water body or portion of a water
body for night bow fishing under this section may include the need to temporarily open
the area to evaluate compatibility of the activity on that body of water prior to permanent
rulemaking. The notice may be published after it is received from the attorney general or
five business days after it is submitted to the attorney general, whichever is earlier.

(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:

(1) the commissioner of natural resources determines that an emergency exists;

(2) the attorney general approves the rule; and

(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.

(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.

(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.

(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.

(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
deleted text begin adopted deleted text end new text begin effective new text end .

Sec. 2.

Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
to read:

new text begin Subd. 19. new text end

new text begin Federal law compliance. new text end

new text begin Notwithstanding any law to the contrary,
the commissioner may establish, by written order, policies for the use and operation of
other power-driven mobility devices, as defined under Code of Federal Regulations, title
28, section 35.104, on lands and in facilities administered by the commissioner for the
purposes of implementing the Americans with Disabilities Act, United States Code, title
42, section 12101 et seq. These policies are exempt from the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
new text end

Sec. 3.

Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
to read:

new text begin Subd. 20. new text end

new text begin Hunting licenses to critically ill persons. new text end

new text begin The commissioner may allow
critically ill persons to purchase, once in a lifetime, hunting licenses otherwise limited by a
lottery drawing, which licenses allow for taking game within established hunting seasons
or season frameworks. The commissioner may provide the licenses to persons who are
participating in a program for critically ill hunters sponsored by a nonprofit organization
with expertise in providing hunting opportunities to hunters who are gravely ill or have
physical disabilities. The commissioner may provide licenses or permits otherwise limited
by drawings, including wild turkey, deer, bear, prairie chicken, and wolf. The commissioner
may not allow the purchase of moose and elk licenses under this subdivision. Deer licenses
authorized by the commissioner under this subdivision may be for deer of either sex.
new text end

Sec. 4.

Minnesota Statutes 2012, section 84.922, subdivision 1a, is amended to read:

Subd. 1a.

Exemptions.

All-terrain vehicles exempt from registration are:

(1) vehicles owned and used by the United States, an Indian tribal government, the
state, another state, or a political subdivision;

(2) vehicles new text begin that are new text end registered in another state or country deleted text begin that deleted text end new text begin and new text end have not been
in this state for more than 30 consecutive days new text begin or that are registered by an Indian tribal
government to a tribal member and have not been outside the tribal reservation boundary
for more than 30 consecutive days new text end ;

(3) vehicles that:

(i) are owned by a resident of another state or country that does not require
registration of all-terrain vehicles;

(ii) have not been in this state for more than 30 consecutive days; and

(iii) are operated on state and grant-in-aid trails by a nonresident possessing a
nonresident all-terrain vehicle state trail pass;

(4) vehicles used exclusively in organized track racing events; and

(5) vehicles that are 25 years old or older and were originally produced as a separate
identifiable make by a manufacturer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 5.

Minnesota Statutes 2012, section 84.9275, subdivision 1, is amended to read:

Subdivision 1.

Pass required; fee.

(a) new text begin A tribal member exempt from registration
under section 84.922, subdivision 1a, clause (2), or new text end a nonresident may not operate an
all-terrain vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator
carries a valid nonresident all-terrain vehicle state trail pass in immediate possession. The
pass must be available for inspection by a peace officer, a conservation officer, or an
employee designated under section 84.0835.

(b) The commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the all-terrain vehicle account in the natural
resources fund and, except for the electronic licensing system commission established by
the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to
counties and municipalities for all-terrain vehicle organizations to construct and maintain
all-terrain vehicle trails and use areas.

(c) A nonresident all-terrain vehicle state trail pass is not required for:

(1) an all-terrain vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.922,
subdivision 1a;

(2) a person operating an all-terrain vehicle only on the portion of a trail that is
owned by the person or the person's spouse, child, or parent; or

(3) a nonresident operating an all-terrain vehicle that is registered according to
section 84.922.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 6.

Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision
to read:

new text begin Subd. 15a. new text end

new text begin Rice boat. new text end

new text begin "Rice boat" means a nonmotorized watercraft being used
for harvesting wild rice.
new text end

Sec. 7.

Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:

Subd. 18.

Watercraft.

"Watercraft" means any contrivance used or designed for
navigation on water, except:

(1) a deleted text begin duck deleted text end new text begin waterfowl new text end boat during the deleted text begin duck deleted text end new text begin waterfowl new text end hunting deleted text begin season deleted text end new text begin seasons new text end ;

(2) a rice boat during the harvest season; or

(3) a seaplane.

Sec. 8.

Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision
to read:

new text begin Subd. 18a. new text end

new text begin Waterfowl boat. new text end

new text begin "Waterfowl boat" means a watercraft being used
while hunting waterfowl.
new text end

Sec. 9.

Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

A watercraft license is not required for:

(1) a watercraft that is covered by a license or number in full force and effect under
federal law or a federally approved licensing or numbering system of another state, and
has not been within this state for more than 90 consecutive days, which does not include
days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
port or another port in the state;

(2) a watercraft from a country other than the United States that has not been within
this state for more than 90 consecutive days, which does not include days that a watercraft is
laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;

(3) a watercraft owned by the United States, an Indian tribal government, a state, or
a political subdivision of a state, except watercraft used for recreational purposes;

(4) a ship's lifeboat;

(5) a watercraft that has been issued a valid marine document by the United States
government;

(6) a deleted text begin duck deleted text end new text begin waterfowl new text end boat during deleted text begin duck deleted text end new text begin waterfowl new text end hunting season;

(7) a rice boat during the harvest season;

(8) a seaplane; deleted text begin and
deleted text end

(9) a nonmotorized watercraft ten feet in length or less new text begin ; and
new text end

new text begin (10) a watercraft that is covered by a valid license or number issued by a federally
recognized Indian tribe in the state under a federally approved licensing or numbering
system and that is owned by a member of that tribe new text end .

new text begin EFFECTIVE DATE. new text end

new text begin Clause (10) is effective January 1, 2015.
new text end

Sec. 10.

Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:

Subdivision 1.

Personal flotation or lifesaving devices.

(a) Watercraft and deleted text begin duck
deleted text end new text begin waterfowl new text end boats using the waters of this state must be equipped with the number and type
of personal flotation or lifesaving devices prescribed by the commissioner.

(b) The commissioner may not:

(1) require sailboards to be equipped with personal flotation or lifesaving devices; or

(2) require persons on sailboards to wear personal flotation or lifesaving devices
or have them readily available.

Sec. 11.

Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:

Subd. 2.

Exempt watercraft.

A watercraft is not required to have a certificate of
title if the watercraft is:

(1) owned by a manufacturer or dealer and held for sale;

(2) used by a manufacturer solely for testing;

(3) from a jurisdiction other than this state, temporarily using the waters of this state;

(4) owned by the United States, a state, this state, or a political subdivision;

(5) a deleted text begin duck deleted text end new text begin waterfowl new text end boat used only during deleted text begin duck deleted text end new text begin waterfowl new text end hunting season;

(6) a rice boat used only during the wild rice harvesting season;

(7) owned by a person, firm, or corporation operating a resort as defined in section
157.15 or a recreational camping area as defined in section 327.14, subdivision 8, except
with respect to a previously titled watercraft; or

(8) watercraft manufactured prior to August 1, 1979.

Sec. 12.

Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:

Subd. 3.

Cooperative farming agreements.

On any public hunting, game refuge,
wildlife management area, new text begin aquatic management area, new text end or scientific and natural area lands,
the commissioner may enter into written cooperative farming agreements on a sharecrop
basis, without competitive bidding, for the purpose of wildlife and plant management.
Cooperative farming agreements may also be used to allow pasturing of livestock. The
agreements may provide for the bartering of a share of any crop, produced from these
lands, for services or products that will enhance or benefit the management of state lands
for plant and animal species. Cooperative farming agreements pursuant to this section shall
not be considered leases for tax purposes under section 272.01, subdivision 2, or 273.19.

Sec. 13.

Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) An enforcement officer shall immediately seize the
license of a person who unlawfully takes, transports, or possesses wild animals when the
restitution value of the wild animals exceeds $500. Except as provided in subdivisions
2, 4, and 5, the person may not new text begin use or new text end obtain any license to take the same type of wild
animals involved, including a duplicate license, until an action is taken under subdivision
6. new text begin If the license seized under this paragraph was for a big game animal, the license seizure
applies to all licenses to take big game issued to the individual. If the license seized under
this paragraph was for small game animals, the license seizure applies to all licenses to
take small game issued to the individual.
new text end

(b) In addition to the license seizure under paragraph (a), if the restitution value of
the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other
game and fish licenses held by the person shall be immediately seized. Except as provided
in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
including a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this
subdivision until an action is taken under subdivision 6.

Sec. 14.

Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:

Subd. 6.

Taking deer; disabled veterans.

A person authorized to issue licenses
must issue, without a fee, a license to take deer with firearms or by archery to a resident
that is a veteran, as defined in section 197.447, and that has a 100 percent service
connected disability as defined by the United States Veterans Administration upon being
furnished satisfactory evidence. new text begin The commissioner, upon request, must issue a permanent
card documenting satisfactory evidence of 100 percent permanently disabled status. The
card serves as satisfactory evidence to obtain a license under this subdivision at all agent
locations.
new text end

Sec. 15.

Minnesota Statutes 2012, section 97A.441, subdivision 6a, is amended to read:

Subd. 6a.

Taking small game; disabled veterans.

A person authorized to issue
licenses must issue, without a fee, a license to take small game to a resident who is a veteran,
as defined in section 197.447, and who has a 100 percent service connected disability as
defined by the United States Veterans Administration upon being furnished satisfactory
evidence. new text begin The commissioner, upon request, must issue a permanent card documenting
satisfactory evidence of 100 percent permanently disabled status. The card serves as
satisfactory evidence to obtain a license under this subdivision at all agent locations.
new text end

Sec. 16.

Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:

Subdivision 1.

Angling; Take a Kid Fishing Weekends.

new text begin (a) new text end A resident age 16
years or older may take fish by angling without an angling deleted text begin or deleted text end new text begin license and may take fish by
spearing from a dark house without a spearing license and without a new text end fish house new text begin or dark
house new text end license during one three-day consecutive period of the open water angling season
and one three-day consecutive period of the ice angling season designated by deleted text begin rule of
deleted text end the commissioner if new text begin the resident is new text end accompanied by a child who is under age 16. new text begin The
commissioner may, by written order published in the State Register, establish the three-day
consecutive periods. The written order is not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
new text end

new text begin (b) new text end The commissioner deleted text begin shall deleted text end new text begin may designate and new text end publicize the three-day periods as
"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
Fishing Weekend" for the ice angling season. new text begin The commissioner shall announce the date
of each three-day weekend at least 30 days in advance of the date it occurs.
new text end

Sec. 17.

Minnesota Statutes 2012, section 97A.451, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Residents age 16 or 17; spearing. new text end

new text begin Residents age 16 or over and under
age 18 may take fish by spearing without a spearing license but must possess a fishing
license under section 97A.475, subdivision 6, clause (7).
new text end

Sec. 18.

Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents new text begin and nonresidents new text end under age 16; small game.

(a) A resident new text begin or
nonresident new text end under age 16 may not obtain a small game license but may take small game
by firearms or bow and arrow without a license if the resident new text begin or nonresident new text end is:

(1) age 14 or 15 and possesses a firearms safety certificate;

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;

(3) age 13, 14, or 15, new text begin and new text end possesses an apprentice hunter validation deleted text begin , and is
accompanied by a parent or guardian who possesses a small game license that was not
obtained using an apprentice hunter validation deleted text end new text begin as provided under section 97B.022 new text end ; or

(4) age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small game, other than wolves, by trapping
without a small game license, but a resident 13 years of age or older must have a trapping
license. A resident under age 13 may trap small game, other than wolves, without a
trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
under age five must be included in the limit of the accompanying parent or guardian.

(c) A resident new text begin or nonresident new text end under age 13 must obtain a free turkey license to
take turkey and may take a turkey without a firearms safety certificate if the resident new text begin or
nonresident new text end is accompanied by an adult parent or guardian who has a firearms safety
certificate.

(d) A resident under age 13 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.

Sec. 19.

Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:

Subd. 3b.

Nonresidents new text begin age 16 or over and new text end under age 18; small game.

deleted text begin (a) deleted text end A
nonresident age 16 or over and under age 18 may take small game by firearms or archery
and may obtain a small game license at the youth fee under section 97A.475, subdivision
3, paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate new text begin or an
apprentice hunter validation as provided under section 97B.022 new text end .

deleted text begin (b) A nonresident under age 16 may take small game by firearms or archery and may
obtain a small game license without paying the applicable fees under section 97A.475,
subdivisions 3, 4, and 5, if the nonresident is:
deleted text end

deleted text begin (1) age 14 or 15 and possesses a firearms safety certificate;
deleted text end

deleted text begin (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian; or
deleted text end

deleted text begin (3) age 12 or under and is accompanied by a parent or guardian.
deleted text end

Sec. 20.

Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:

Subd. 4.

Residents new text begin and nonresidents new text end under age deleted text begin 13 deleted text end new text begin 16 new text end ; big game.

new text begin (a) A resident
or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
the person possesses a firearms safety certificate or an apprentice hunter validation as
provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
parent or guardian to hunt big game.
new text end

new text begin (b) new text end A resident new text begin or nonresident new text end age ten or deleted text begin over and under age 13 deleted text end new text begin 11 must obtain a
license under paragraph (c) and new text end may take big game, provided the person is under the direct
supervision of a parent or guardian where the parent or guardian is within immediate reach.

new text begin (c) new text end A resident new text begin or nonresident new text end age ten deleted text begin or over and under age 13 deleted text end new text begin , 11, or 12 new text end must obtain
a license to take big game deleted text begin and may obtain the license without paying the fee required
deleted text end under section 97A.475, subdivision 2 new text begin or 3 new text end .

Sec. 21.

Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:

Subd. 5.

Nonresident youth; angling.

(a) A nonresident under age 16 may:

(1) take fish by angling without a license if a parent or guardian has a fishing license.
Fish taken by a nonresident under age 16 without a license must be included in the limit
of the parent or guardian;

(2) purchase a youth fishing license under section 97A.475, subdivision 7, paragraph
(a), clause (8), and possess a limit of fish; or

(3) be included under a nonresident family angling license and possess a limit of fish.

(b) A nonresident age 16 or over and under age 18 must purchase a youth license to
angle under section 97A.475, subdivision 7, paragraph (a), clause (8).

new text begin (c) Nonresidents age 16 or over and under age 18 may take fish by spearing without
a spearing license but must possess a fishing license under section 97A.475, subdivision 7,
paragraph (a), clause (8).
new text end

new text begin (d) Nonresidents under age 16 may take fish by spearing without a spearing or
angling license.
new text end

new text begin (e) Limits for fish taken by spearing must comply with one of the options listed
under paragraph (a).
new text end

Sec. 22.

Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:

Subd. 2.

Resident hunting.

Fees for the following licenses, to be issued to residents
only, are:

(1) for persons age 18 or over and under age 65 to take small game, $15.50;

(2) for persons age 65 or over, $7 to take small game;

(3) for persons age 18 or over to take turkey, $26;

(4) for persons age 13 or over and under age 18 to take turkey, $5;

(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $30;

(6) for persons age 18 or over to take deer by archery, $30;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $30;

(8) to take moose, for a party of not more than six persons, $356;

(9) to take bear, $44;

(10) to take elk, for a party of not more than two persons, $287;

(11) to take Canada geese during a special season, $4;

(12) to take prairie chickens, $23;

(13) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season, $5;

(14) for persons age 13 or over and under age 18 to take deer by archery, $5;

(15) for persons age 13 or over and under age 18 to take deer by muzzleloader
during the muzzleloader season, $5;

(16) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4, shall be deposited in the
wildlife acquisition account;

(17) for persons age 16 or over and under age 18 to take small game, $5; deleted text begin and
deleted text end

(18) to take wolf, $30 deleted text begin . deleted text end new text begin ;
new text end

new text begin (19) for persons age 12 and under to take turkey, no fee;
new text end

new text begin (20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
new text end

new text begin (21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
new text end

new text begin (22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.
new text end

Sec. 23.

Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:

Subd. 8.

Minnesota sporting; super sports.

(a) The commissioner shall issue
Minnesota sporting licenses to residents only. The licensee may take fish by angling
and small game. The fee for the license is:

(1) for an individual, $31.50; and

(2) for a combined license for a married couple to take fish and for one spouse to
take small game, $45.50.

(b) The commissioner shall issue Minnesota super sports licenses to residents only.
The licensee may take fish by angling, including trout; small game, including pheasant
and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super
sports license, including all required stamp validations is:

(1) for an individual age 18 or over, deleted text begin $92.50 deleted text end new text begin $86.50 new text end ; and

(2) for a combined license for a married couple to take fish, including the trout and
salmon stamp validation, and for one spouse to take small game, including pheasant
and waterfowl, and deer, deleted text begin $118.50 deleted text end new text begin $110.50 new text end .

(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
according to section 97A.075, subdivisions 2, 3, and 4.

(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
according to section 97A.075, subdivision 1.

Sec. 24.

Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:

Subd. 6.

Licenses to be sold and issuing fees.

(a) Persons authorized to sell
licenses under this section must issue the following licenses for the license fee and the
following issuing fees:

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

(2) Minnesota sporting, the issuing fee is $1;

(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;

new text begin (4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
requires a license purchase at the time of application and the license purchase requires
an application fee;
new text end

new text begin (5) for a prairie chicken license, the issuing fee is $1;
new text end

new text begin (6) for a turkey license, the issuing fee is $1;
new text end

new text begin (7) for an elk license, the issuing fee is $1;
new text end

new text begin (8) for a moose license, the issuing fee is $1;
new text end

new text begin (9) for a wolf license, the issuing fee is $1;
new text end

deleted text begin (4) deleted text end new text begin (10) new text end for a stamp validation that is not issued simultaneously with a license, an
issuing fee of 50 cents may be charged at the discretion of the authorized seller;

deleted text begin (5) deleted text end new text begin (11) new text end for stamp validations issued simultaneously with a license, there is no fee;

deleted text begin (6) deleted text end new text begin (12) new text end for licenses, seals, tags, or coupons issued without a fee under section
97A.441 or 97A.465, deleted text begin an deleted text end new text begin the new text end issuing fee deleted text begin of 50 cents may be charged at the discretion of
the authorized seller deleted text end new text begin is $1 new text end ;

deleted text begin (7) deleted text end new text begin (13) new text end for lifetime licenses, there is no fee; and

deleted text begin (8) deleted text end new text begin (14) new text end for all other licenses, permits, renewals, or applications or any other
transaction through the electronic licensing system under this chapter or any other chapter
when an issuing fee is not specified, an issuing fee of deleted text begin 50 cents deleted text end new text begin $1 new text end may be charged at the
discretion of the authorized seller.

(b) Only one issuing fee may be collected when selling more than one stamp in the
same transaction after the end of the season for which the stamp was issued.

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

(d) The commissioner shall collect the issuing fee on licenses sold by the
commissioner.

(e) A license, except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the licenses.

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The commissioner may issue one-day angling licenses in books of ten licenses
each to fishing guides operating charter boats upon receipt of payment of all license
fees, excluding the issuing fee required under this section. Copies of sold and unsold
licenses shall be returned to the commissioner. The commissioner shall refund the charter
boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
maintained by the commissioner for one year.

Sec. 25.

Minnesota Statutes 2012, section 97B.0215, is amended to read:

97B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.

A parent or deleted text begin legal deleted text end guardian of a minor may not knowingly direct, allow, or permit
the minor to hunt without the required license, permit, training, or certification, or in
violation of the game and fish laws.

Sec. 26.

Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:

Subd. 2.

Apprentice hunter validation requirements.

new text begin (a) new text end A resident new text begin or nonresident
new text end born after December 31, 1979, who is age 12 or over and who does not possess a hunter
education firearms safety certificate may be issued an apprentice hunter validation. An
apprentice hunter validation may be purchased two license years in a lifetime and used to
obtain hunting licenses during the same license year that the validation is purchased.

new text begin (b) new text end An individual in possession of an apprentice hunter validation may hunt small
game, deer, and bear only when accompanied by an adult deleted text begin licensed to hunt deleted text end new text begin who has a
valid license to hunt the same species of game new text end in Minnesota new text begin and new text end whose license was not
obtained using an apprentice hunter validation.

new text begin (c) When an individual in possession of an apprentice hunter validation is hunting
turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed
for another permit area or time period but must be licensed for the same season as the
apprentice hunter. If the accompanying adult is not licensed for the same permit area or
time period as the apprentice hunter, the accompanying adult may not shoot or possess a
firearm or bow while accompanying the apprentice hunter under this paragraph.
new text end

new text begin (d) new text end An apprentice hunter validation holder must obtain all required licenses and
stamps.

Sec. 27.

Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:

Subd. 2.

Restrictions related to motor vehicles.

A person may not take a wild
animal with a firearm or by archery from a motor vehicle except as permitted in this
section. Notwithstanding section 97B.091, a person may transport a bow uncased while
in deleted text begin an electric motor-powered boat deleted text end new text begin a motorized watercraft new text end and may take rough fish while
in the boat new text begin as provided in section 97C.376, subdivision 3 new text end .

Sec. 28.

Minnesota Statutes 2012, section 97B.071, is amended to read:

97B.071 BLAZE ORANGE REQUIREMENTS.

new text begin Subdivision 1. new text end

new text begin Clothing requirements. new text end

(a) Except as provided in rules adopted
under paragraph (c), a person may not hunt or trap during the open season where deer may
be taken by firearms under applicable laws and ordinances, unless the visible portion of
the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze
orange. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange
within each foot square. This section does not apply to migratory waterfowl hunters on
waters of this state or in a stationary shooting location or to trappers on waters of this state.

(b) Except as provided in rules adopted under paragraph (c), and in addition to
the requirement in paragraph (a), a person may not take small game other than turkey,
migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
at least one article of the person's clothing above the waist is blaze orange. This paragraph
does not apply to a person when in a stationary location while hunting deer by archery
or when hunting small game by falconry.

(c) The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.

(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
by a safety warning.

new text begin Subd. 2. new text end

new text begin Ground blinds. new text end

new text begin A person may not hunt deer from a ground blind during
the open season where deer may be taken by firearms unless the outside of the blind
displays a minimum of 144 square inches of blaze orange material that is visible from
all directions around the blind.
new text end

Sec. 29.

Minnesota Statutes 2012, section 97B.112, is amended to read:

97B.112 SPECIAL HUNTS deleted text begin FOR YOUTH deleted text end .

The commissioner may by rule establish criteria, special seasons, and limits for
youth new text begin and adult new text end hunters to take big game and small game by firearms or archery in
designated areas or times new text begin as part of the agency's overall effort in hunter recruitment and
retention new text end . The criteria may also include provisions for an unlicensed adult to assist a deleted text begin youth
deleted text end hunter during a special season or special hunt established under this section.

Sec. 30.

Minnesota Statutes 2012, 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 Notwithstanding paragraphs (b) and (d), new text end the commissioner
may deleted text begin , by written order published in the State Register, deleted text end new text begin adopt rules to new text end authorize new text begin the new text end use of
game fish eggs as bait new text begin in Lake Superior and its tributaries below the posted boundaries new text end and
prescribe restrictions on their use. deleted text begin The order is exempt from the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
deleted 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: (1)
unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
invertebrates, and insects used for taking wild animals in waters of the state.

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

(1) fresh or frozen bait only on Lake Superior; or

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

(d) To ensure that frozen or dead fish being brought into the state are not in violation
of paragraph (b), the following paperwork must accompany the shipment. Documents
must be open for inspection by the commissioner at any reasonable time. All documents
must be available to purchasers of these bait items. Each container or package of frozen or
dead fish must have the following information:

(1) water body source;

(2) lot number;

(3) company contact including name, phone, and address;

(4) date of packaging and labeling; and

(5) valid negative fish health certification from the source water body.

Sec. 31.

Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:

Subdivision 1.

Period when use prohibited.

Except as specifically authorized, a
person may not take fish new text begin with a spear new text end from the third Monday in February to deleted text begin April 30 with
a spear, deleted text end new text begin the Friday before the last Saturday in April and may not take fish with a new text end fish
trap, net, dip net, seine, or other device capable of taking fish new text begin from the third Monday
in February to April 30 new text end .

Sec. 32.

Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:

Subd. 2.

Possession.

(a) Except as specifically authorized, a person may not possess
a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
waters. Possession includes personal possession and in a vehicle.

(b) A person may possess deleted text begin spears, deleted text end dip nets deleted text begin , deleted text end and spear guns allowed under section
97C.381 on or near waters between sunrise and sunset from May 1 to the last Sunday in
February, or as otherwise prescribed by the commissioner. new text begin A person may possess a spear
on or near waters between sunrise and sunset from the last Saturday in April to the last
Sunday in February, or as otherwise prescribed by the commissioner.
new text end

Sec. 33.

Minnesota Statutes 2012, section 97C.375, is amended to read:

97C.375 TAKING ROUGH FISH BY SPEARING.

new text begin (a) new text end A resident or nonresident may take rough fish by spearing new text begin according to paragraph
(b) and new text end during the times, in waters, and in the manner prescribed by the commissioner.

new text begin (b) Suckers may be taken by spearing from the last Saturday in April through the
last Sunday in February.
new text end

Sec. 34.

Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:

Subdivision 1.

Season.

new text begin (a) new text end The new text begin regular new text end bow fishing season for residents and
nonresidents is from deleted text begin May 1 deleted text end new text begin the last Saturday in April new text end to the last Sunday in February at
any time of the day.

new text begin (b) The early bow fishing season for residents and nonresidents is open only south
of State Highway 210 from the Monday after the last Sunday in February to the Friday
before the last Saturday in April at any time of the day. During the early season, a person
may bow fish:
new text end

new text begin (1) only from a boat; and
new text end

new text begin (2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.
new text end

Sec. 35.

Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:

Subd. 2.

Possession of bows and arrows.

A person may possess bows and arrows
for the purposes of bow fishing on or within 100 feet of waters at any time from deleted text begin May 1 deleted text end new text begin the
last Saturday in April new text end to the last Sunday in February new text begin and at other times on lakes and rivers
south of State Highway 210 as specified in subdivision 1, paragraph (b) new text end , subject to local
ordinances. A person must take reasonable measures to retrieve arrows and wounded fish.

Sec. 36.

Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:

Subd. 3.

Nighttime restrictions on motors.

new text begin (a) new text end From sunset to sunrise, deleted text begin a person
bow fishing with the assistance of a gasoline-powered motor must use a four-stroke
engine powered generator. deleted text end the noise limits for total noise while bow fishing deleted text begin from sunset
to sunrise shall deleted text end new text begin must new text end not exceed a noise level of 65 decibels on the A scale measured at
a distance of 50 feet from the motorboat or equivalent noise levels at other distances as
specified by the commissioner in a pass-by test deleted text begin or 67 decibels on the A scale measured
at idle in a stationary test at least four feet above the water and at least four feet behind
the transom of the motorboat being tested deleted text end .

new text begin (b) The noise limits under paragraph (a) shall be determined under a test procedure
approved by the commissioner under section 86B.321, subdivision 2.
new text end

new text begin (c) The noise limits in paragraph (a) do not preclude enforcement of other laws
relating to motorboat noise.
new text end

new text begin (d) new text end The noise levels under section 86B.321 apply to persons traveling to and from
bow fishing sites from sunset to sunrise.

Sec. 37. new text begin RULEMAKING; GAME FISH EGGS AS BAIT.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6262.0100, by adding a subpart to read:
new text end

new text begin "Spawn bags may be bought or sold only if the bags are made with:
new text end

new text begin A. fish eggs from a licensed aquaculture facility; or
new text end

new text begin B. fish eggs that are:
new text end

new text begin (1) legally taken from a source outside Minnesota that has been certified disease-free;
and
new text end

new text begin (2) preserved and labeled as required under a bait preservation permit. Records must
be maintained as required for bait preservation permits."
new text end

new text begin (b) The commissioner of natural resources shall amend Minnesota Rules, part
6262.0300, subpart 5, to read:
new text end

new text begin "A. Except as provided in this subpart, the taking of fish for bait purposes from all
Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of
the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows,
estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.
new text end

new text begin B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
97C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake
Superior or its tributaries below the posted boundaries may be used to make spawn bags
for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341,
paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below
the posted boundaries and may be transported to and from Lake Superior or its tributaries
below the posted boundaries."
new text end

new text begin (c) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), 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. 38. new text begin RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
CRANES.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
sandhill crane.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), 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. 39. new text begin RULEMAKING; SPEARING ROUGH FISH.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part
6262.0600, to make seasons for spearing rough fish consistent with the date changes in
sections 31 to 35. The commissioner may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), 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. 40. new text begin RULEMAKING; REMOVING SPEARING RESTRICTIONS.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part
6264.0400, subparts 8, 27, 74, 75, and 76, to remove restrictions on taking fish by spearing
for the following lakes: Big Mantrap, Lobster, Beers, West Battle, Deer, Cross, Sugar,
Eagle, Owasso, North Star, Moose, and Spider. 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. 41. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace the term "duck boat" with the term "waterfowl
boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.
new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 97A.451, subdivision 4a; and 97C.346, new text end new text begin are
repealed.
new text end