HF 847

Conference Committee Report - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to game and fish; modifying certain
definitions; providing for disposition and use of
certain revenue; providing for special fish management
tags; modifying authority to take animals causing
damage; modifying use of scopes by visually impaired
hunters; modifying certain license requirements;
modifying restrictions on taking waterfowl;
authorizing rulemaking; modifying requirements for
field training hunting dogs; modifying trapping
provisions; modifying period for treeing raccoons;
modifying restrictions on decoys; modifying
disposition of state hatchery products; modifying
fishing and commercial fishing provisions; repealing
authority for the Mississippi River Fish Refuge;
repealing authority to issue certain orders;
appropriating money; amending Minnesota Statutes 2004,
sections 84.027, subdivision 13; 97A.015, subdivisions
29, 49; 97A.045, subdivision 1; 97A.071, subdivision
2; 97A.075; 97A.401, subdivision 5; 97A.405,
subdivision 4, by adding a subdivision; 97A.441,
subdivision 7; 97A.451, subdivisions 3, 5; 97A.475,
subdivision 7; 97A.551, by adding a subdivision;
97B.005, subdivisions 1, 3; 97B.031, subdivision 5;
97B.621, subdivision 2; 97B.655, subdivision 2;
97B.805, subdivision 1; 97B.811, subdivisions 3, 4a;
97C.085; 97C.203; 97C.327; 97C.401, subdivision 2;
97C.825, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapters 97C; repealing
Minnesota Statutes 2004, sections 88.27; 97B.005,
subdivision 4; 97B.935; 97C.015; 97C.403; 97C.825,
subdivisions 6, 7, 8, 9.

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

Section 1.

Minnesota Statutes 2004, 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 new text begin and fish new text end , to
prohibit or allow taking of wild animals to protect a species,
to prevent or control wildlife disease, 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, 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 emergency conditions and a copy of the rule in
the notice. 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 adopted.

Sec. 2.

Minnesota Statutes 2004, section 97A.015,
subdivision 29, is amended to read:

Subd. 29.

Minnows.

"Minnows" means: (1) members of the
minnow family, Cyprinidae, except carp and goldfish; (2) members
of the mudminnow family, Umbridae; (3) members of the sucker
family, Catostomidae, not over 12 inches in length; (4)
bullheads, ciscoes, lake whitefish, goldeyes, and mooneyes, not
over seven inches long; deleted text begin and deleted text end (5) leeches new text begin ; and (6) tadpole madtoms
(willow cats) and stonecats new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 97A.015,
subdivision 49, is amended to read:

Subd. 49.

Undressed bird.

"Undressed bird" means:

(1) a bird, excluding migratory waterfowl, pheasant,
Hungarian partridge, new text begin turkey, new text end or grouse, with feet and feathered
head intact;

(2) a migratory waterfowl, excluding geese, with a fully
feathered wing and head attached;

(3) a pheasant, Hungarian partridge, new text begin turkey, new text end or grouse with
one leg and foot or the fully feathered head or wing intact; or

(4) a goose with a fully feathered wing attached.

Sec. 4.

Minnesota Statutes 2004, section 97A.045,
subdivision 1, is amended to read:

Subdivision 1.

Duties; generally.

The commissioner shall
do all things the commissioner determines are necessary to
preserve, protect, and propagate desirable species of wild
animals. The commissioner shall make special provisions for the
management of fish and wildlife to ensure recreational
opportunities for anglers and hunters. The commissioner shall
acquire wild animals for breeding or stocking and may dispose of
or destroy undesirable or predatory wild animals new text begin and their dens,
nests, houses, or dams new text end .

Sec. 5.

Minnesota Statutes 2004, section 97A.071,
subdivision 2, is amended to read:

Subd. 2.

Revenue from small game license surcharge and
lifetime licenses.

Revenue from the small game surcharge and
$6.50 annually from the lifetime fish and wildlife trust fund,
established in section 97A.4742, for each license issued under
sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision
3, shall be credited to the wildlife acquisition account and the
money in the account deleted text begin shall be used by deleted text end new text begin is annually appropriated
to new text end the commissioner only for the purposes of this section, and
acquisition and development of wildlife lands under section
97A.145 and maintenance of the lands deleted text begin , in accordance with
appropriations made by the legislature deleted text end .

Sec. 6.

Minnesota Statutes 2004, section 97A.075, is
amended to read:

97A.075 USE OF LICENSE REVENUES.

Subdivision 1.

Deer, bear, and lifetime licenses.

(a)
For purposes of this subdivision, "deer license" means a license
issued under section 97A.475, subdivisions 2, clauses (4), (5),
(9), (11), (13), and (14), and 3, clauses (2), (3), and (7), and
licenses issued under section 97B.301, subdivision 4.

(b) deleted text begin At least deleted text end $2 from each annual deer license and $2
annually from the lifetime fish and wildlife trust fund,
established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, deleted text begin shall be used deleted text end new text begin is annually
appropriated to the commissioner new text end for deer habitat improvement or
deer management programs.

(c) deleted text begin At least deleted text end $1 from each annual deer license and each bear
license and $1 annually from the lifetime fish and wildlife
trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, deleted text begin shall be used deleted text end new text begin is
annually appropriated to the commissioner new text end for deer and bear
management programs, including a computerized licensing system.
Fifty cents from each deer license is appropriated for emergency
deer feeding and wild cervidae health management. Money
appropriated for emergency deer feeding and wild cervidae health
management is available until expended. When the unencumbered
balance in the appropriation for emergency deer feeding and wild
cervidae health management at the end of a fiscal year exceeds
$2,500,000 for the first time, $750,000 is canceled to the
unappropriated balance of the game and fish fund. The
commissioner must inform the legislative chairs of the natural
resources finance committees every two years on how the money
for emergency deer feeding and wild cervidae health management
has been spent.

Thereafter, when the unencumbered balance in the
appropriation for emergency deer feeding and wild cervidae
health management exceeds $2,500,000 at the end of a fiscal
year, the unencumbered balance in excess of $2,500,000 is
canceled and available for deer and bear management programs and
computerized licensing.

Subd. 2.

Minnesota migratory waterfowl stamp.

(a) Ninety
percent of the revenue from the Minnesota migratory waterfowl
stamps must be credited to the waterfowl habitat improvement
account. Money in the account deleted text begin may be used deleted text end new text begin is annually
appropriated to the commissioner new text end only for:

(1) development of wetlands and lakes in the state and
designated waterfowl management lakes for maximum migratory
waterfowl production including habitat evaluation, the
construction of dikes, water control structures and
impoundments, nest cover, rough fish barriers, acquisition of
sites and facilities necessary for development and management of
existing migratory waterfowl habitat and the designation of
waters under section 97A.101;

(2) management of migratory waterfowl;

(3) development, restoration, maintenance, or preservation
of migratory waterfowl habitat;

(4) acquisition of and access to structure sites; and

(5) the promotion of waterfowl habitat development and
maintenance, including promotion and evaluation of government
farm program benefits for waterfowl habitat.

(b) Money in the account may not be used for costs unless
they are directly related to a specific parcel of land or body
of water under paragraph (a), clause (1), (3), (4), or (5), or
to specific management activities under paragraph (a), clause
(2).

Subd. 3.

Trout and salmon stamp.

(a) Ninety percent of
the revenue from trout and salmon stamps must be credited to the
trout and salmon management account. Money in the account deleted text begin may
be used deleted text end new text begin is annually appropriated to the commissioner new text end only for:

(1) the development, restoration, maintenance, new text begin improvement,
protection, new text end and preservation of new text begin habitat for trout and salmon in
new text end trout streams and lakes new text begin , including, but not limited to,
evaluating habitat; stabilizing eroding stream banks; adding
fish cover; modifying stream channels; managing vegetation to
protect, shade, or reduce runoff on stream banks; and purchasing
equipment to accomplish these tasks new text end ;

(2) rearing deleted text begin of deleted text end trout and salmon deleted text begin and deleted text end new text begin , including utility and
service costs associated with coldwater hatchery buildings and
systems; new text end stocking deleted text begin of deleted text end trout and salmon in streams and lakes and
Lake Superior new text begin ; and monitoring and evaluating stocked trout and
salmon new text end ;

(3) acquisition of easements and fee title along trout
waters;

(4) identifying easement and fee title areas along trout
waters; and

(5) research and special management projects on new text begin trout
streams, trout lakes, and new text end Lake Superior and deleted text begin the anadromous
deleted text end portions of its tributaries.

(b) Money in the account may not be used for costs unless
they are directly related to a specific parcel of land or body
of water under paragraph (a) deleted text begin or deleted text end new text begin , new text end to specific fish rearing
activities under paragraph (a), clause (2) new text begin , or for costs
associated with supplies and equipment to implement trout and
salmon management activities under paragraph (a) new text end .

Subd. 4.

Pheasant stamp.

(a) Ninety percent of the
revenue from pheasant stamps must be credited to the pheasant
habitat improvement account. Money in the account deleted text begin may be used
deleted text end new text begin is annually appropriated to the commissioner new text end only for:

(1) the development, restoration, and maintenance of
suitable habitat for ringnecked pheasants on public and private
land including the establishment of nesting cover, winter cover,
and reliable food sources;

(2) reimbursement of landowners for setting aside lands for
pheasant habitat;

(3) reimbursement of expenditures to provide pheasant
habitat on public and private land;

(4) the promotion of pheasant habitat development and
maintenance, including promotion and evaluation of government
farm program benefits for pheasant habitat; and

(5) the acquisition of lands suitable for pheasant habitat
management and public hunting.

(b) Money in the account may not be used for:

(1) costs unless they are directly related to a specific
parcel of land under paragraph (a), clause (1), (3), or (5), or
to specific promotional or evaluative activities under paragraph
(a), clause (4); or

(2) any personnel costs, except that prior to July 1, 2009,
personnel may be hired to provide technical and promotional
assistance for private landowners to implement conservation
provisions of state and federal programs.

Subd. 5.

Turkey stamps.

(a) Ninety percent of the
revenue from turkey stamps must be credited to the wild turkey
management account. Money in the account deleted text begin may be used deleted text end new text begin is
annually appropriated to the commissioner new text end only for:

(1) the development, restoration, and maintenance of
suitable habitat for wild turkeys on public and private land
including forest stand improvement and establishment of nesting
cover, winter roost area, and reliable food sources;

(2) acquisitions of, or easements on, critical wild turkey
habitat;

(3) reimbursement of expenditures to provide wild turkey
habitat on public and private land;

(4) trapping and transplantation of wild turkeys; and

(5) the promotion of turkey habitat development and
maintenance, population surveys and monitoring, and research.

(b) Money in the account may not be used for:

(1) costs unless they are directly related to a specific
parcel of land under paragraph (a), clauses (1) to (3), a
specific trap and transplant project under paragraph (a), clause
(4), or to specific promotional or evaluative activities under
paragraph (a), clause (5); or

(2) any permanent personnel costs.

Sec. 7.

Minnesota Statutes 2004, section 97A.401,
subdivision 5, is amended to read:

Subd. 5.

Wild animals damaging property.

Special permits
may be issued with or without a fee to take protected wild
animals that are damaging property new text begin or to remove or destroy their
dens, nests, houses, or dams new text end . A special permit issued under
this subdivision to take beaver must state the number to be
taken.

Sec. 8.

Minnesota Statutes 2004, section 97A.405,
subdivision 4, is amended to read:

Subd. 4.

Replacement licenses.

new text begin (a) new text end The commissioner may
permit licensed deleted text begin firearms deleted text end deer hunters to change zone new text begin , license,
new text end or season options deleted text begin before the regular firearms deer season
begins deleted text end . The commissioner may issue a replacement license if the
applicant submits the original deleted text begin firearms deleted text end deer license new text begin and unused
tags new text end that deleted text begin is deleted text end new text begin are new text end being replaced and the applicant pays any
increase in cost between the original and the replacement
license.

new text begin (b) A replacement license may be issued only if the
applicant has not used any tag from the original license and
meets the conditions of paragraph (c). The original license and
all unused tags for that license must be submitted to the
issuing agent at the time the replacement license is issued.
new text end

new text begin (c) A replacement license may be issued under the following
conditions, or as otherwise prescribed by rule of the
commissioner:
new text end

new text begin (1) when the season for the license being surrendered has
not yet opened; or
new text end

new text begin (2) when the person is upgrading from a regular firearms or
archery deer license to a deer license that is valid in multiple
zones.
new text end

new text begin (d) Notwithstanding section 97A.411, subdivision 3, a
replacement license is valid immediately upon issuance if the
license being surrendered is valid at that time.
new text end

Sec. 9.

Minnesota Statutes 2004, section 97A.405, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Resident licenses. new text end

new text begin To obtain a resident
license, a resident 21 years of age or older must:
new text end

new text begin (1) possess a current Minnesota driver's license;
new text end

new text begin (2) possess a current identification card issued by the
commissioner of public safety; or
new text end

new text begin (3) present evidence showing proof of residency in cases
when clause (1) or (2) would violate the Religious Freedom
Restoration Act of 1993, Public Law 103-141.
new text end

Sec. 10.

Minnesota Statutes 2004, section 97A.441,
subdivision 7, is amended to read:

Subd. 7.

Owners or tenants of agricultural land.

(a) The
commissioner may issue, without a fee, a license to take an
antlerless deer to a person who is an owner or tenant and is
living and actively farming on at least 80 acres of agricultural
land, as defined in section 97B.001, in deer permit areas that
have deer archery licenses to take additional deer under section
97B.301, subdivision 4. A person may receive only one license
per year under this subdivision. For properties with co-owners
or cotenants, only one co-owner or cotenant may receive a
license under this subdivision per year. The license issued
under this subdivision is restricted to deleted text begin the deleted text end land deleted text begin owned or deleted text end leased
new text begin for agricultural purposes or owned new text end by the holder of the license
within the permit area where the qualifying land is located.
The holder of the license may transfer the license to the
holder's spouse or dependent. Notwithstanding sections 97A.415,
subdivision 1, and 97B.301, subdivision 2, the holder of the
license may purchase an additional license for taking deer and
may take an additional deer under that license.

(b) A person who obtains a license under paragraph (a) must
allow public deer hunting on their land during that deer hunting
season, with the exception of the first Saturday and Sunday
during the deer hunting season applicable to the license issued
under section 97A.475, subdivision 2, clauses (4) and (13).

Sec. 11.

Minnesota Statutes 2004, section 97A.451,
subdivision 3, is amended to read:

Subd. 3.

Residents under age 16; small game.

(a) A
resident 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 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; or

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

(b) A resident under age 16 may take small game 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 without a trapping license new text begin , but may not trap fisher, otter,
bobcat, or pine marten unless the resident is at least age 8 new text end .

Sec. 12.

Minnesota Statutes 2004, section 97A.451,
subdivision 5, is amended to read:

Subd. 5.

Nonresidents under age 16.

new text begin (a) new text end A nonresident
under the age of 16 may take fish by angling without a license
if new text begin accompanied by new text end a parent or guardian new text begin who new text end has a fishing license.
deleted text begin Fish taken by a nonresident under the age of 16 without a
license must be included in the limit of the parent or guardian.
deleted text end

new text begin (b) new text end A nonresident under age 16 may purchase a nonresident
fishing license, take fish by angling, and possess a limit of
fish.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2006.
new text end

Sec. 13.

Minnesota Statutes 2004, section 97A.475,
subdivision 7, is amended to read:

Subd. 7.

Nonresident fishing.

Fees for the following
licenses, to be issued to nonresidents, are:

(1) to take fish by angling, $34;

(2) to take fish by angling limited to seven consecutive
days selected by the licensee, $24;

(3) to take fish by angling for a 72-hour period selected
by the licensee, $20;

(4) to take fish by angling for a combined license for a
deleted text begin family deleted text end new text begin married couple new text end , $46;

(5) to take fish by angling for a 24-hour period selected
by the licensee, $8.50; and

(6) to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days selected by one
of the licensees, $35.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2006.
new text end

Sec. 14.

Minnesota Statutes 2004, section 97A.551, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Tagging and registration. new text end

new text begin The commissioner may,
by rule, require persons taking, possessing, and transporting
certain species of fish to tag the fish with a special fish
management tag and may require registration of tagged fish. A
person may not possess or transport a fish species taken in the
state for which a special fish management tag is required unless
a tag is attached to the fish in a manner prescribed by the
commissioner. The commissioner shall prescribe the manner of
issuance and the type of tag as authorized under section
97C.087. The tag must be attached to the fish as prescribed by
the commissioner immediately upon reducing the fish to
possession and must remain attached to the fish until the fish
is processed or consumed. Species for which a special fish
management tag is required must be transported undressed.
new text end

Sec. 15.

Minnesota Statutes 2004, section 97B.005,
subdivision 1, is amended to read:

Subdivision 1.

Field training deleted text begin ; permit required for
certain period deleted text end .

A person may not train hunting dogs afield new text begin on
public lands new text end from April 16 to July 14 deleted text begin except by special permit.
The commissioner may issue a special permit, without a fee, to
train hunting dogs afield on land owned by the trainer or on
land that the owner provides written permission. The written
permission must be carried in personal possession of the trainer
while training the dogs deleted text end .

Sec. 16.

Minnesota Statutes 2004, section 97B.005,
subdivision 3, is amended to read:

Subd. 3.

Permits for organizations and individuals to use
game birds and firearms.

new text begin (a) new text end The commissioner may issue special
permits, without a fee, deleted text begin to organizations and individuals deleted text end to use
firearms and live ammunition on domesticated birds or banded
game birds from game farms new text begin .
new text end

new text begin (b) Permits new text end for holding field trials deleted text begin and deleted text end new text begin may be issued to
organizations. The permit shall specify the dates and locations
of the field trial. The commissioner may limit the number of
dates approved for any organization.
new text end

new text begin (c) Permits for new text end training hunting dogs new text begin may be issued to an
individual new text end .

new text begin (d) Domesticated birds, other than pigeons, and game farm
birds used for trials or training under this section must be
clearly marked with dye or a streamer attached to a leg in a
manner that makes them visually identifiable prior to being
taken.
new text end

Sec. 17.

Minnesota Statutes 2004, section 97B.031,
subdivision 5, is amended to read:

Subd. 5.

Scopes; visually impaired hunters.

(a)
Notwithstanding any other law to the contrary, the commissioner
may issue a special permit, without a fee, to use a muzzleloader
with a scope to take deer during the muzzleloader season to a
person who obtains the required licenses and who has a visual
impairment. The scope may not have magnification capabilities.

(b) The visual impairment must be new text begin such that the applicant
is unable to identify targets and the rifle sights at the same
time without a scope. The visual impairment and specific
conditions must be new text end established by medical evidence verified in
writing by a licensed physician new text begin , ophthalmologist, or
optometrist new text end . The commissioner may request additional
information from the physician if needed to verify the
applicant's eligibility for the permit. deleted text begin Notwithstanding section
97A.418, the commissioner may, in consultation with appropriate
advocacy groups, establish reasonable minimum standards for
permits to be issued under this subdivision.
deleted text end

(c) A permit issued under this subdivision may be valid for
up to five years new text begin , based on the permanence of the visual
impairment as determined by the licensed physician,
ophthalmologist, or optometrist new text end .

(d) new text begin The permit must be in the immediate possession of the
permittee when hunting under the special permit.
new text end

new text begin (e) new text end The commissioner may deny, modify, suspend, or revoke a
permit issued under this subdivision for cause, including a
violation of the game and fish laws or rules.

deleted text begin (e) deleted text end new text begin (f) new text end A person who knowingly makes a false application or
assists another in making a false application for a permit under
this subdivision is guilty of a misdemeanor. A physician new text begin ,
ophthalmologist, or optometrist new text end who fraudulently certifies to
the commissioner that a person is visually impaired as described
in this subdivision is guilty of a misdemeanor.

Sec. 18.

Minnesota Statutes 2004, section 97B.621,
subdivision 2, is amended to read:

Subd. 2.

Period for treeing raccoons.

Notwithstanding
subdivision 1 new text begin and section 97B.005, subdivision 1 new text end , a person may
use dogs to pursue and tree raccoons without killing or
capturing the raccoons deleted text begin :
deleted text end

deleted text begin (1) from January 1 to April 15 and from July 15 to October
14; and
deleted text end

deleted text begin (2) from April 16 to July 14 in raccoon dog field trials
under special permit issued by the commissioner under section
97B.005, subdivision 1 deleted text end new text begin during the closed season and a license is
not required new text end .

Sec. 19.

Minnesota Statutes 2004, section 97B.655,
subdivision 2, is amended to read:

Subd. 2.

Special permit for taking protected wild
animals.

The commissioner may issue special permits under
section 97A.401, subdivision 5, to take protected wild animals
that are damaging property new text begin or to remove or destroy their dens,
nests, houses, or dams new text end .

Sec. 20.

Minnesota Statutes 2004, section 97B.805,
subdivision 1, is amended to read:

Subdivision 1.

Hunter must be concealed.

(a) A person
may not take migratory waterfowl, coots, or rails in open water
unless the person is:

(1) within a natural growth of vegetation sufficient to
partially conceal the person or boat; deleted text begin or
deleted text end

(2) new text begin on a river or stream that is not more than 100 yards in
width; or
new text end

new text begin (3) new text end pursuing or shooting wounded birds.

(b) A person may not take migratory waterfowl, coots, or
rails in public waters from a permanent artificial blind or sink
box.

Sec. 21.

Minnesota Statutes 2004, section 97B.811,
subdivision 3, is amended to read:

Subd. 3.

Restrictions on leaving decoys
deleted text begin overnight deleted text end new text begin unattended new text end .

During the open season for waterfowl, a
person may not leave decoys in public waters between sunset and
one hour before lawful shooting hours new text begin or leave decoys unattended
during other times for more than two consecutive hours new text end unless:

(1) the decoys are in waters adjacent to private land under
the control of the hunter; and

(2) there is not natural vegetation growing in water
sufficient to partially conceal a hunter.

Sec. 22.

Minnesota Statutes 2004, section 97B.811,
subdivision 4a, is amended to read:

Subd. 4a.

Restrictions on certain motorized decoys.

From
the opening day of the duck season through the Saturday nearest
October 8, a person may not use a motorized decoy deleted text begin on public
waters with visible, moving parts that are above the water
surface deleted text end new text begin , or other motorized device designed to attract migratory
birds, new text end to take migratory waterfowl deleted text begin , other than geese deleted text end . new text begin During
the remainder of the duck season, the commissioner may, by rule,
designate all or any portion of a wetland or lake closed to the
use of motorized decoys or motorized devices designed to attract
migratory birds. On water bodies and lands fully contained
within wildlife management area boundaries, a person may not use
motorized decoys or motorized devices designed to attract
migratory birds at any time during the duck season.
new text end

Sec. 23.

Minnesota Statutes 2004, section 97C.085, is
amended to read:

97C.085 PERMIT REQUIRED FOR TAGGING FISH.

A person may not tag or otherwise mark a live fish for
identification without a permit from the commissioner new text begin , except
for special fish management tags as authorized under section
97A.551 new text end .

Sec. 24.

new text begin [97C.087] SPECIAL FISH MANAGEMENT TAGS.
new text end

new text begin Subdivision 1. new text end

new text begin Tags to be issued. new text end

new text begin If the commissioner
determines it is necessary to require that a species of fish be
tagged with a special fish management tag, the commissioner
shall prescribe, by rule, the species to be tagged, tagging
procedures, and eligibility requirements.
new text end

new text begin Subd. 2. new text end

new text begin Application for tag. new text end

new text begin Application for special
fish management tags must be accompanied by a $5, nonrefundable
application fee for each tag. A person may not make more than
one tag application each year. If a person makes more than one
application, the person is ineligible for a special fish
management tag for that season after determination by the
commissioner, without a hearing.
new text end

Sec. 25.

Minnesota Statutes 2004, section 97C.203, is
amended to read:

97C.203 DISPOSAL OF STATE HATCHERY deleted text begin EGGS OR FRY deleted text end new text begin PRODUCTS new text end .

The commissioner shall dispose of deleted text begin game fish eggs and fry
deleted text end new text begin fish hatchery products new text end according to the following order of
priorities:

(1) distribution of fish eggs and fry to state hatcheries
to hatch fry or raise fingerlings for stocking waters of the
state for recreational fishing;

(2) transfer to other government agencies new text begin in exchange for
fish or wildlife resources of equal value new text end or private fish
hatcheries in exchange for fish to be stocked in waters of the
state for recreational fishing;

(3) sale deleted text begin of fish eggs and fry deleted text end to private fish hatcheries or
licensed aquatic farms at a price not less than the fair
wholesale market value, established as the average price charged
at the state's private hatcheries and contiguous states per
volume rates; deleted text begin and
deleted text end

(4) transfer to other government agencies new text begin , colleges, or
universities new text end for new text begin cooperative new text end fish management and research
purposes new text begin ; and
new text end

new text begin (5) sale of not more than $25 fair market value to any
school, museum, or commercial enterprise for curriculum
implementation, educational programs, public exhibition, or
cooperative displays new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 26.

Minnesota Statutes 2004, section 97C.327, is
amended to read:

97C.327 MEASUREMENT OF FISH LENGTH.

For the purpose of determining compliance with size limits
for fish in this chapter or in rules of the commissioner, the
length of a fish must be measured from the tip of the nose new text begin or
jaw, whichever is longer, new text end to the new text begin farthest new text end tip of the tail when
fully extended.

Sec. 27.

Minnesota Statutes 2004, section 97C.401,
subdivision 2, is amended to read:

Subd. 2.

Walleye; northern pike.

(a) Except as provided
in deleted text begin paragraphs deleted text end new text begin paragraph new text end (b) deleted text begin and (c) deleted text end , a person may take no more
than one walleye larger than deleted text begin 24 deleted text end new text begin 20 new text end inches and one northern pike
larger than 30 inches daily.

(b) The restrictions in paragraph (a) do not apply to
boundary waters.

deleted text begin (c) On Lake of the Woods, a person may take no more than
one walleye larger than 19.5 inches and one northern pike larger
than 36 inches daily.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2006.
new text end

Sec. 28.

Minnesota Statutes 2004, section 97C.825,
subdivision 5, is amended to read:

Subd. 5.

Net limits for lake of the woods and rainy
lake.

new text begin (a) new text end The maximum amount of nets permitted to be licensed
shall be:

deleted text begin (a) deleted text end new text begin (1) new text end in Lake of the Woods, 50-pound nets, deleted text begin 80,000 feet of
gill nets or deleted text end 160 submerged trap nets, and 80 fyke or staked trap
nets deleted text begin . Licenses for submerged trap nets may be issued instead of
licenses for gill nets in the ratio of not more than one
submerged trap net per 500 feet of gill net, and the maximum
permissible amount of gill nets shall be reduced by 500 feet for
each submerged trap net licensed. deleted text end new text begin ; and
new text end

deleted text begin (b) deleted text end new text begin (2) new text end in Rainy Lake, 20-pound nets deleted text begin and 20,000 feet of
gill nets deleted text end .

deleted text begin (c) When a licensee has had a license revoked or
surrendered, the commissioner shall not be required to issue
licenses for the amount of netting previously authorized under
the revoked or surrendered license.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end Commercial fishing may be prohibited in the
Minnesota portions of international waters when it is prohibited
in the international waters by Canadian authorities.

deleted text begin (e) The commissioner may adopt rules to limit the total
amount of game fish taken by commercial fishing operators in
Lake of the Woods in any one season and shall apportion the
amount to each licensee in accordance with the number and length
of nets licensed.
deleted text end

Sec. 29. new text begin CONFORMING CHANGES; RULES.
new text end

new text begin The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to amend rules to conform to section 26. Minnesota Statutes,
section 14.386 does not apply to the rulemaking under this
section except to the extent provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 30. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 88.27; 97B.005,
subdivision 4; 97B.935; 97C.015; 97C.403; and 97C.825,
subdivisions 6, 7, 8, and 9, are repealed.
new text end