HF 789

2nd Engrossment - 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 hearing provisions; modifying certain game 
  1.7             license provisions; modifying shooting hours for 
  1.8             migratory game birds; permitting dogs to track and 
  1.9             trail bear; authorizing a hunting season for mourning 
  1.10            doves; requiring reports; amending Minnesota Statutes 
  1.11            2002, sections 97A.015, subdivisions 24, 52; 97A.085, 
  1.12            subdivisions 2, 3, 4; 97A.095, subdivisions 1, 2; 
  1.13            97A.420, subdivision 4; 97A.421, by adding a 
  1.14            subdivision; 97A.435, subdivision 4; 97A.485, 
  1.15            subdivision 12; 97B.075; 97B.205; 97B.721; proposing 
  1.16            coding for new law in Minnesota Statutes, chapter 97B; 
  1.17            repealing Minnesota Statutes 2002, section 97B.731, 
  1.18            subdivision 2. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2002, section 97A.015, 
  1.21  subdivision 24, is amended to read: 
  1.22     Subd. 24.  [GAME BIRDS.] "Game birds" means migratory 
  1.23  waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada 
  1.24  spruce grouse, prairie chickens, gray partridge, bob-white 
  1.25  quail, turkeys, coots, gallinules, sora and Virginia rails, 
  1.26  American woodcock, and common snipe, and mourning doves. 
  1.27     Sec. 2.  Minnesota Statutes 2002, section 97A.015, 
  1.28  subdivision 52, is amended to read: 
  1.29     Subd. 52.  [UNPROTECTED BIRDS.] "Unprotected birds" means 
  1.30  English sparrow, blackbird, starling, magpie, cormorant, common 
  1.31  pigeon, chukar partridge, quail other than bob-white quail, mute 
  1.32  swan, Eurasian collared dove, and great horned owl. 
  2.1      Sec. 3.  Minnesota Statutes 2002, section 97A.085, 
  2.2   subdivision 2, is amended to read: 
  2.3      Subd. 2.  [ESTABLISHMENT BY COMMISSIONER.] The commissioner 
  2.4   may designate a contiguous area of at least 640 acres as a game 
  2.5   refuge if more than 50 percent of the area is in public 
  2.6   ownership.  The game refuge must be a contiguous area of at 
  2.7   least 640 acres unless it borders or includes a marsh, or other 
  2.8   body of water or watercourse suitable for wildlife habitat. 
  2.9      Sec. 4.  Minnesota Statutes 2002, section 97A.085, 
  2.10  subdivision 3, is amended to read: 
  2.11     Subd. 3.  [ESTABLISHMENT BY PETITION OF LAND HOLDERS.] The 
  2.12  commissioner may designate a land area or portion of a land area 
  2.13  described in a petition as a game refuge.  The petition must be 
  2.14  signed by the owner, the lessee, or the person in possession of 
  2.15  each tract in the area.  A certificate of the auditor of the 
  2.16  county where the lands are located must accompany the petition 
  2.17  stating that the persons named in the petition are the owners, 
  2.18  lessees, or persons in possession of all of the land described 
  2.19  according to the county records.  The game refuge must be a 
  2.20  contiguous area of at least 640 acres unless it borders or 
  2.21  includes a marsh, or other body of water or watercourse suitable 
  2.22  for wildlife habitat. 
  2.23     Sec. 5.  Minnesota Statutes 2002, section 97A.085, 
  2.24  subdivision 4, is amended to read: 
  2.25     Subd. 4.  [ESTABLISHMENT BY PETITION OF COUNTY RESIDENTS.] 
  2.26  The commissioner may designate as a game refuge public waters or 
  2.27  a contiguous area of at least 640 acres, described in a 
  2.28  petition, signed by 50 or more residents of the county where the 
  2.29  public waters or area is located.  The game refuge must be a 
  2.30  contiguous area of at least 640 acres unless it borders or 
  2.31  includes a marsh, or other body of water or watercourse suitable 
  2.32  for wildlife habitat. The game refuge may be designated only if 
  2.33  the commissioner finds that protected wild animals are depleted 
  2.34  and are in danger of extermination, or that it will best serve 
  2.35  the public interest.  
  2.36     Sec. 6.  Minnesota Statutes 2002, section 97A.095, 
  3.1   subdivision 1, is amended to read: 
  3.2      Subdivision 1.  [MIGRATORY WATERFOWL REFUGES SANCTUARY.] 
  3.3   The commissioner shall may designate by rule any part of a state 
  3.4   game refuge or any part of a lake that is designated for 
  3.5   management purposes under section 97A.101, subdivision 2, as a 
  3.6   migratory waterfowl refuge sanctuary if there is presented to 
  3.7   the commissioner a petition signed by ten resident licensed 
  3.8   hunters describing an area that is primarily a migratory 
  3.9   waterfowl refuge.  The commissioner shall post the area as a 
  3.10  migratory waterfowl refuge sanctuary.  A person may not enter a 
  3.11  posted migratory waterfowl refuge sanctuary during the open 
  3.12  migratory waterfowl season unless accompanied by or under a 
  3.13  permit issued by a conservation officer or game refuge wildlife 
  3.14  manager.  Upon a request from a private landowner within a 
  3.15  migratory waterfowl refuge sanctuary, an annual permit must be 
  3.16  issued to provide access to the property during the waterfowl 
  3.17  season.  The permit shall include conditions that allow no 
  3.18  activity which would disturb waterfowl using the refuge during 
  3.19  the waterfowl season. 
  3.20     Sec. 7.  Minnesota Statutes 2002, section 97A.095, 
  3.21  subdivision 2, is amended to read: 
  3.22     Subd. 2.  [WATERFOWL FEEDING AND RESTING AREAS.] The 
  3.23  commissioner may, by rule, designate any part of a lake as a 
  3.24  migratory feeding or and resting area.  Before designation, the 
  3.25  commissioner must receive a petition signed by at least ten 
  3.26  local resident licensed hunters describing the area of a lake 
  3.27  that is a substantial feeding or resting area for migratory 
  3.28  waterfowl, and find that the statements in the petition are 
  3.29  correct, and that adequate, free public access to the lake 
  3.30  exists near the designated area.  The commissioner shall post 
  3.31  the area as a migratory waterfowl feeding and resting area.  
  3.32  Except as authorized in rules adopted by the commissioner, a 
  3.33  person may not enter a posted migratory waterfowl feeding and 
  3.34  resting area, during a period when hunting of migratory 
  3.35  waterfowl is allowed, with watercraft or aircraft propelled by a 
  3.36  motor, other than an electric motor of less than 30 pounds 
  4.1   thrust.  The commissioner may, by rule, further restrict the use 
  4.2   of electric motors in migratory waterfowl feeding and resting 
  4.3   areas. 
  4.4      Sec. 8.  Minnesota Statutes 2002, section 97A.420, 
  4.5   subdivision 4, is amended to read: 
  4.6      Subd. 4.  [HEARING.] (a) A hearing under subdivision 3 must 
  4.7   be before a district court judge in the county where the 
  4.8   incident occurred giving rise to the license seizure.  The 
  4.9   hearing must be to the court and may be conducted at the same 
  4.10  time as hearings upon pretrial motions in a related criminal 
  4.11  prosecution.  The commissioner must be represented by the county 
  4.12  attorney. 
  4.13     (b) The hearing must be held at the earliest practicable 
  4.14  date and in any event no later than 60 days following the filing 
  4.15  of the petition for review. 
  4.16     (c) The scope of the hearing must be limited to the issue 
  4.17  of whether there is probable cause to believe that the person 
  4.18  violated section 97A.338 has unlawfully taken, possessed, or 
  4.19  transported wild animals with a restitution value over $500. 
  4.20     (d) The court shall order that the license seizure be 
  4.21  either sustained or rescinded.  Within 14 days following the 
  4.22  hearing, the court shall forward a copy of the order to the 
  4.23  commissioner. 
  4.24     (e) Any party aggrieved by the decision of the reviewing 
  4.25  court may appeal the decision as provided in the Rules of Civil 
  4.26  Appellate Procedure. 
  4.27     Sec. 9.  Minnesota Statutes 2002, section 97A.421, is 
  4.28  amended by adding a subdivision to read: 
  4.29     Subd. 4a.  [SUSPENSION FOR FAILURE TO APPEAR IN COURT OR TO 
  4.30  PAY A FINE OR SURCHARGE.] When a court reports to the 
  4.31  commissioner that a person (1) has failed to appear in court 
  4.32  under the summons issued to them for a violation of the game and 
  4.33  fish laws or (2) has been convicted of violating a provision of 
  4.34  the game and fish laws, has been sentenced to the payment of a 
  4.35  fine or had a surcharge levied against them, and refused or 
  4.36  failed to comply with that sentence or to pay the fine or 
  5.1   surcharge, the commissioner shall suspend the game and fish 
  5.2   license and permit privileges of the person for three years or 
  5.3   until notified by the court that the person has appeared in 
  5.4   court under clause (1) or that any fine or surcharge due the 
  5.5   court has been paid under clause (2). 
  5.6      Sec. 10.  Minnesota Statutes 2002, section 97A.435, 
  5.7   subdivision 4, is amended to read: 
  5.8      Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  5.9   The commissioner may conduct a separate selection for up to 20 
  5.10  percent of the turkey licenses to be issued for any area.  Only 
  5.11  persons who are owners or tenants of and who live on at least 40 
  5.12  acres of agricultural or grazing land in the area, and their 
  5.13  family members, are eligible applicants for turkey licenses for 
  5.14  the separate selection.  The qualifying agricultural or grazing 
  5.15  land may be noncontiguous.  Persons who are unsuccessful in a 
  5.16  separate selection must be included in the selection for the 
  5.17  remaining licenses.  Persons who obtain a license in a separate 
  5.18  selection must allow public turkey hunting on their land during 
  5.19  that turkey season.  A license issued under this subdivision is 
  5.20  restricted to the land owned or leased by the holder of the 
  5.21  license within the permit area where the qualifying land is 
  5.22  located. 
  5.23     (b) The commissioner may by rule establish criteria for 
  5.24  determining eligible family members under this subdivision. 
  5.25     Sec. 11.  Minnesota Statutes 2002, section 97A.485, 
  5.26  subdivision 12, is amended to read: 
  5.27     Subd. 12.  [YOUTH DEER LICENSE.] The commissioner may, for 
  5.28  a fee of $5.50, issue to a resident under the age of 16 a 
  5.29  license, without a tag, to take deer with firearms or archery.  
  5.30  A youth holding a license issued under this subdivision may hunt 
  5.31  under the license only if accompanied by a licensed hunter who 
  5.32  is at least 18 years of age and possesses a valid tag.  A deer 
  5.33  taken by a youth holding a license issued under this subdivision 
  5.34  must be promptly tagged by the licensed hunter accompanying the 
  5.35  youth.  Section 97B.301, subdivision 6, does not apply to a 
  5.36  youth holding a license issued under this subdivision. 
  6.1      Sec. 12.  Minnesota Statutes 2002, section 97B.075, is 
  6.2   amended to read: 
  6.3      97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 
  6.4      (a) A person may not take protected wild animals, except 
  6.5   raccoon and fox, with a firearm between the evening and morning 
  6.6   times established by commissioner's rule, except as provided in 
  6.7   this section. 
  6.8      (b) Big game may be taken from one-half hour before sunrise 
  6.9   until one-half hour after sunset, and,. 
  6.10     (c) Except as otherwise prescribed by the commissioner 
  6.11  during the first eight days of the season before the Saturday 
  6.12  nearest October 8, until January 1, 2001, waterfowl may be taken 
  6.13  from one-half hour before sunrise until sunset during the entire 
  6.14  season prescribed by the commissioner.  On the opening day of 
  6.15  the duck season, shooting hours for migratory game birds, except 
  6.16  woodcock and mourning doves, begin at 9:00 a.m.  
  6.17     Sec. 13.  Minnesota Statutes 2002, section 97B.205, is 
  6.18  amended to read: 
  6.19     97B.205 [USE OF DOGS AND HORSES TO TAKE BIG GAME 
  6.20  PROHIBITED.] 
  6.21     A person may not use a dog or horse to take big game, 
  6.22  except dogs may be used to track and trail bears according to 
  6.23  rules adopted under section 97B.411. 
  6.24     Sec. 14.  [97B.717] [MOURNING DOVES.] 
  6.25     Subdivision 1.  [SEASON.] The commissioner shall prescribe 
  6.26  an open season for taking mourning doves. 
  6.27     Subd. 2.  [LICENSE REQUIRED.] A person may not take 
  6.28  mourning doves without a small game license in possession. 
  6.29     Sec. 15.  Minnesota Statutes 2002, section 97B.721, is 
  6.30  amended to read: 
  6.31     97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 
  6.32  TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.] 
  6.33     (a) Except as provided in paragraph (b) or section 97A.405, 
  6.34  subdivision 2, a person may not take a turkey without possessing 
  6.35  a turkey license and a turkey stamp validation.  
  6.36     (b) The requirement in paragraph (a) to have a turkey stamp 
  7.1   validation does not apply to persons under age 18.  An 
  7.2   unlicensed adult age 18 or older may assist a licensed wild 
  7.3   turkey hunter under the age of 16.  The unlicensed adult may not 
  7.4   shoot or possess a firearm or bow while assisting a youth under 
  7.5   this paragraph. 
  7.6      (c) The commissioner may by rule prescribe requirements for 
  7.7   the tagging and registration of turkeys. 
  7.8      Sec. 16.  [REPORT; CHANGE IN SHOOTING HOURS.] 
  7.9      By January 15, 2007, the commissioner of natural resources 
  7.10  shall report to the chairs of the senate and house committees 
  7.11  having jurisdiction over natural resources policy, evaluating 
  7.12  the impacts of the change in shooting hours under section 12, 
  7.13  including harvest success and the effect on local waterfowl 
  7.14  populations. 
  7.15     Sec. 17.  [REPORT; MOURNING DOVE SEASON.] 
  7.16     The commissioner of natural resources shall report to the 
  7.17  legislature by August 1, 2005, on the results of the mourning 
  7.18  dove season authorized by Minnesota Statutes, section 97B.717.  
  7.19  The report must include a description of the impact of the 
  7.20  season on the mourning dove population in the state. 
  7.21     Sec. 18.  [REPEALER.] 
  7.22     Minnesota Statutes 2002, section 97B.731, subdivision 2, is 
  7.23  repealed. 
  7.24     Sec. 19.  [EFFECTIVE DATE.] 
  7.25     Sections 1, 2, 8, 14, 17, and 18 are effective the day 
  7.26  following final enactment.