HF 789

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying game and 
  1.3             migratory waterfowl refuge provisions; providing for 
  1.4             suspension of game and fish license and permit 
  1.5             privileges under certain circumstances; modifying 
  1.6             certain game license provisions; modifying certain 
  1.7             fish possession restrictions; amending Minnesota 
  1.8             Statutes 2002, sections 97A.085, subdivisions 2, 3, 4; 
  1.9             97A.095, subdivisions 1, 2; 97A.421, by adding a 
  1.10            subdivision; 97A.435, subdivision 4; 97B.721; 97C.401, 
  1.11            subdivision 2. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 97A.085, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [ESTABLISHMENT BY COMMISSIONER.] The commissioner 
  1.16  may designate a contiguous area of at least 640 acres as a game 
  1.17  refuge if more than 50 percent of the area is in public 
  1.18  ownership.  The game refuge must be a contiguous area of at 
  1.19  least 640 acres unless it borders or includes a marsh, or other 
  1.20  body of water or watercourse suitable for wildlife habitat. 
  1.21     Sec. 2.  Minnesota Statutes 2002, section 97A.085, 
  1.22  subdivision 3, is amended to read: 
  1.23     Subd. 3.  [ESTABLISHMENT BY PETITION OF LAND HOLDERS.] The 
  1.24  commissioner may designate a land area or portion of a land area 
  1.25  described in a petition as a game refuge.  The petition must be 
  1.26  signed by the owner, the lessee, or the person in possession of 
  1.27  each tract in the area.  A certificate of the auditor of the 
  1.28  county where the lands are located must accompany the petition 
  2.1   stating that the persons named in the petition are the owners, 
  2.2   lessees, or persons in possession of all of the land described 
  2.3   according to the county records.  The game refuge must be a 
  2.4   contiguous area of at least 640 acres unless it borders or 
  2.5   includes a marsh, or other body of water or watercourse suitable 
  2.6   for wildlife habitat. 
  2.7      Sec. 3.  Minnesota Statutes 2002, section 97A.085, 
  2.8   subdivision 4, is amended to read: 
  2.9      Subd. 4.  [ESTABLISHMENT BY PETITION OF COUNTY RESIDENTS.] 
  2.10  The commissioner may designate as a game refuge public waters or 
  2.11  a contiguous area of at least 640 acres, described in a 
  2.12  petition, signed by 50 or more residents of the county where the 
  2.13  public waters or area is located.  The game refuge must be a 
  2.14  contiguous area of at least 640 acres unless it borders or 
  2.15  includes a marsh, or other body of water or watercourse suitable 
  2.16  for wildlife habitat. The game refuge may be designated only if 
  2.17  the commissioner finds that protected wild animals are depleted 
  2.18  and are in danger of extermination, or that it will best serve 
  2.19  the public interest.  
  2.20     Sec. 4.  Minnesota Statutes 2002, section 97A.095, 
  2.21  subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [MIGRATORY WATERFOWL REFUGES SANCTUARY.] 
  2.23  The commissioner shall may designate by rule any part of a state 
  2.24  game refuge or any part of a lake that is designated for 
  2.25  management purposes under section 97A.101, subdivision 2, as a 
  2.26  migratory waterfowl refuge sanctuary if there is presented to 
  2.27  the commissioner a petition signed by ten resident licensed 
  2.28  hunters describing an area that is primarily a migratory 
  2.29  waterfowl refuge.  The commissioner shall post the area as a 
  2.30  migratory waterfowl refuge sanctuary.  A person may not enter a 
  2.31  posted migratory waterfowl refuge sanctuary during the open 
  2.32  migratory waterfowl season unless accompanied by or under a 
  2.33  permit issued by a conservation officer or game refuge wildlife 
  2.34  manager.  Upon a request from a private landowner within a 
  2.35  migratory waterfowl refuge sanctuary, an annual permit must be 
  2.36  issued to provide access to the property during the waterfowl 
  3.1   season.  The permit shall include conditions that allow no 
  3.2   activity which would disturb waterfowl using the refuge during 
  3.3   the waterfowl season. 
  3.4      Sec. 5.  Minnesota Statutes 2002, section 97A.095, 
  3.5   subdivision 2, is amended to read: 
  3.6      Subd. 2.  [WATERFOWL FEEDING AND RESTING AREAS.] The 
  3.7   commissioner may, by rule, designate any part of a lake as a 
  3.8   migratory feeding or and resting area.  Before designation, the 
  3.9   commissioner must receive a petition signed by at least ten 
  3.10  local resident licensed hunters describing the area of a lake 
  3.11  that is a substantial feeding or resting area for migratory 
  3.12  waterfowl, and find that the statements in the petition are 
  3.13  correct, and that adequate, free public access to the lake 
  3.14  exists near the designated area.  The commissioner shall post 
  3.15  the area as a migratory waterfowl feeding and resting area.  
  3.16  Except as authorized in rules adopted by the commissioner, a 
  3.17  person may not enter a posted migratory waterfowl feeding and 
  3.18  resting area, during a period when hunting of migratory 
  3.19  waterfowl is allowed, with watercraft or aircraft propelled by a 
  3.20  motor, other than an electric motor of less than 30 pounds 
  3.21  thrust.  The commissioner may, by rule, further restrict the use 
  3.22  of electric motors in migratory waterfowl feeding and resting 
  3.23  areas. 
  3.24     Sec. 6.  Minnesota Statutes 2002, section 97A.421, is 
  3.25  amended by adding a subdivision to read: 
  3.26     Subd. 4a.  [SUSPENSION FOR FAILURE TO APPEAR IN COURT OR TO 
  3.27  PAY A FINE OR SURCHARGE.] When a court reports to the 
  3.28  commissioner that a person (1) has failed to appear in court 
  3.29  under the summons issued to them for a violation of the game and 
  3.30  fish laws or (2) has been convicted of violating a provision of 
  3.31  the game and fish laws, has been sentenced to the payment of a 
  3.32  fine or had a surcharge levied against them, and refused or 
  3.33  failed to comply with that sentence or to pay the fine or 
  3.34  surcharge, the commissioner shall suspend the game and fish 
  3.35  license and permit privileges of the person for three years or 
  3.36  until notified by the court that the person has appeared in 
  4.1   court under clause (1) or that any fine or surcharge due the 
  4.2   court has been paid under clause (2). 
  4.3      Sec. 7.  Minnesota Statutes 2002, section 97A.435, 
  4.4   subdivision 4, is amended to read: 
  4.5      Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  4.6   The commissioner may conduct a separate selection for up to 20 
  4.7   percent of the turkey licenses to be issued for any area.  Only 
  4.8   persons who are owners or tenants of and who live on at least 40 
  4.9   acres of agricultural or grazing land in the area, and their 
  4.10  family members, are eligible applicants for turkey licenses for 
  4.11  the separate selection.  The qualifying agricultural or grazing 
  4.12  land may be noncontiguous.  Persons who are unsuccessful in a 
  4.13  separate selection must be included in the selection for the 
  4.14  remaining licenses.  Persons who obtain a license in a separate 
  4.15  selection must allow public turkey hunting on their land during 
  4.16  that turkey season.  A license issued under this subdivision is 
  4.17  restricted to the land owned or leased by the holder of the 
  4.18  license within the permit area where the qualifying land is 
  4.19  located. 
  4.20     (b) The commissioner may by rule establish criteria for 
  4.21  determining eligible family members under this subdivision. 
  4.22     Sec. 8.  Minnesota Statutes 2002, section 97B.721, is 
  4.23  amended to read: 
  4.24     97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 
  4.25  TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.] 
  4.26     (a) Except as provided in paragraph (b) or section 97A.405, 
  4.27  subdivision 2, a person may not take a turkey without possessing 
  4.28  a turkey license and a turkey stamp validation.  
  4.29     (b) The requirement in paragraph (a) to have a turkey stamp 
  4.30  validation does not apply to persons under age 18.  An 
  4.31  unlicensed adult age 18 or older may assist a licensed wild 
  4.32  turkey hunter under the age of 16.  The unlicensed adult may not 
  4.33  shoot or possess a firearm or bow while assisting a youth under 
  4.34  this paragraph. 
  4.35     (c) The commissioner may by rule prescribe requirements for 
  4.36  the tagging and registration of turkeys. 
  5.1      Sec. 9.  Minnesota Statutes 2002, section 97C.401, 
  5.2   subdivision 2, is amended to read: 
  5.3      Subd. 2.  [WALLEYE; NORTHERN PIKE.] (a) Except as provided 
  5.4   in paragraphs (b) and (c), a person may take no more than one 
  5.5   walleye larger than 24 20 inches and one northern pike larger 
  5.6   than 30 24 inches daily.  
  5.7      (b) The restrictions in paragraph (a) do not apply to 
  5.8   boundary waters. 
  5.9      (c) On Lake of the Woods, a person may take no more than 
  5.10  one walleye larger than 19.5 inches and one northern pike larger 
  5.11  than 36 inches daily. 
  5.12     Sec. 10.  [EFFECTIVE DATE.] 
  5.13     Section 9 is effective May 15, 2004.