SF 789

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying game and fish
law provisions; modifying authority to take animals
causing damage; modifying the use of scopes by
visually impaired hunters; modifying certain license
requirements; providing for fishing restrictions on
residents from certain states; establishing a boat
access fee for residents of certain states; providing
for trapper education requirements; providing
preference for military members who were on active
service; prohibiting computer-assisted remote hunting;
eliminating the permit requirement to take lynx,
bobcat, and fox with a snare; modifying certain
seasons; modifying restrictions on taking waterfowl;
authorizing rulemaking; modifying requirements for
field training hunting dogs; modifying trapping
provisions; 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;
amending Minnesota Statutes 2004, sections 84.027,
subdivision 13; 97A.015, subdivisions 29, 49; 97A.045,
subdivision 1; 97A.401, subdivision 5; 97A.405,
subdivision 4, by adding a subdivision; 97A.411,
subdivision 1; 97A.435, subdivision 2; 97A.441,
subdivision 7; 97A.451, subdivision 3; 97A.465, by
adding a subdivision; 97A.475, subdivision 7, by
adding a subdivision; 97B.005, subdivision 3; 97B.025;
97B.031, subdivision 5; 97B.111, subdivision 2;
97B.625, subdivision 2; 97B.631, subdivision 2;
97B.655, subdivision 2; 97B.711, subdivision 1;
97B.803; 97B.805, subdivision 1; 97B.811, subdivision
4a; 97B.931, subdivision 2; 97C.203; 97C.327; 97C.345,
subdivision 2; 97C.395, subdivision 1; 97C.401,
subdivision 2; 97C.825, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapter 97B;
repealing Minnesota Statutes 2004, sections 88.27;
97B.005, subdivision 4; 97B.935; 97C.015; 97C.403;
97C.825, subdivisions 6, 7, 8, 9; Minnesota Rules,
part 6234.2300, subparts 2, 3.

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.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. 6.

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 When a person submits both an archery and a firearms
license for replacement, the commissioner may apply the value of
both licenses towards the replacement license fee.
new text end

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. 7.

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. 8.

Minnesota Statutes 2004, section 97A.411,
subdivision 1, is amended to read:

Subdivision 1.

License period.

(a) Except as provided in
paragraphs (b), (c), deleted text begin and deleted text end (d), new text begin and (e), new text end a license is valid during
the lawful time within the license year that the licensed
activity may be performed. A license year begins on the first
day of March and ends on the last day of February.

(b) A license issued under section 97A.475, subdivision 6,
clause (5), 97A.475, subdivision 7, clause (2), (3), (5), or
(6), or 97A.475, subdivision 12, clause (2), is valid for the
full license period even if this period extends into the next
license year, provided that the license period selected by the
licensee begins at the time of issuance.

(c) When the last day of February falls on a Saturday, an
annual resident or nonresident fish house or dark house license,
including a rental fish house or dark house license, obtained
for the license year covering the last day of February, is valid
through Sunday, March 1 and the angling license of the fish
house licensee is extended through March 1.

(d) A lifetime license issued under section 97A.473 or
97A.474 is valid during the lawful time within the license year
that the licensed activity may be performed for the lifetime of
the licensee.

new text begin (e) A license issued under section 97A.474, subdivision 2,
or 97A.475, subdivision 7, to a person who is domiciled in a
state or province that prohibits Minnesota residents from taking
game fish or small game during a part of the season that is open
to residents of that state is not valid for taking game fish
during the first 14 days of the season prescribed under section
97C.395, subdivision 1, paragraph (a), clause (1). This
paragraph does not apply to a licensee who is a currently
registered guest at a hotel, motel, or resort located in
Minnesota.
new text end

new text begin (f) The commissioner shall specify various fishing zones
for which nonresident fishing licenses will be available, and
may specify the number of nonresident licenses that may be
issued in each zone and the manner in which the licenses are to
be issued. The commissioner shall designate no more than three
zones under this paragraph.
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. 9.

Minnesota Statutes 2004, section 97A.435,
subdivision 2, is amended to read:

Subd. 2.

Eligibility.

Persons eligible for a turkey
license shall be determined by this section and commissioner's
rule. A person is eligible for a turkey license only if the
person is at least age 16 before the season opens deleted text begin or deleted text end new text begin , new text end possesses
a firearms safety certificate new text begin , or, if under age 12, is
accompanied by a parent or guardian. Persons under age 12 must
be within arm's reach of their parent or guardian while hunting 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 .

new text begin (c) A resident under age 12 may apply for a turkey license
and may take a turkey without a firearms safety certificate if
they are supervised by an adult parent or guardian who has a
firearms safety certificate and who is within arm's reach at all
times while hunting.
new text end

Sec. 12.

Minnesota Statutes 2004, section 97A.465, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Preference to service members. new text end

new text begin (a) For purposes
of this subdivision:
new text end

new text begin (1) "qualified service member or veteran" means a Minnesota
resident who is currently serving, or has served at any time
during the past 24 months, in active service as a member of the
United States armed forces, including the National Guard or
other military reserves; and
new text end

new text begin (2) "active service" means service defined under section
190.05, subdivision 5b or 5c.
new text end

new text begin (b) Notwithstanding any other provision of this chapter,
chapter 97B or 97C, or administrative rules, the commissioner
may give first preference to qualified service members or
veterans in any drawing or lottery involving the selection of
applicants for hunting or fishing licenses, permits, and special
permits. This subdivision does not apply to licenses or permits
for taking moose, elk, or prairie chickens. Actions of the
commissioner under this subdivision are not rules under the
Administrative Procedures Act and section 14.386 does not apply.
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. 13.

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

Subd. 7.

Nonresident fishing.

new text begin (a) new text end 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
family, $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 (b) A nonresident who is domiciled in a state or province
that prohibits Minnesota residents from taking game fish or
small game during a part of the season that is open to residents
of that state is prohibited from purchasing a license under
paragraph (a), clauses (1), (3), (4), (5), and (6), and must
purchase a license under paragraph (a), clause (2), to take fish
in the state for a seven-day period. This paragraph does not
apply to a person who is a currently registered guest at a
hotel, motel, or resort located in Minnesota.
new text end

Sec. 14.

Minnesota Statutes 2004, section 97A.475, is
amended by adding a subdivision to read:

new text begin Subd. 7a. new text end

new text begin Nonresident fishing boats. new text end

new text begin A boat that is
registered in a state or province that prohibits Minnesota
residents from taking game fish or small game during a part of
the season that is open to residents of that state and used for
fishing on inland waters of Minnesota must be licensed for use
on Minnesota inland waters. The license fee under this
subdivision is $250 and is valid for seven consecutive days.
The license may be renewed for additional seven-day periods
after payment of an additional $250 fee. This subdivision does
not apply to a person who is a currently registered guest at a
hotel, motel, or resort located in Minnesota.
new text end

Sec. 15.

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. 16.

Minnesota Statutes 2004, section 97B.025, is
amended to read:

97B.025 HUNTER AND TRAPPER EDUCATION.

(a) The commissioner may establish education courses for
hunters deleted text begin and trappers deleted text end . The commissioner shall collect a fee from
each person attending a course. A fee shall be collected for
issuing a duplicate certificate. The commissioner shall
establish the fees in a manner that neither significantly
overrecovers nor underrecovers costs, including overhead costs,
involved in providing the services. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386 does
not apply. The commissioner may establish the fees
notwithstanding section 16A.1283. The fees shall be deposited
in the game and fish fund and the amount thereof is appropriated
annually to the Enforcement Division of the Department of
Natural Resources for the administration of the program. In
addition to the fee established by the commissioner for each
course, instructors may charge each person up to the established
fee amount for class materials and expenses. School districts
may cooperate with the commissioner and volunteer instructors to
provide space for the classroom portion of the training.

(b) The commissioner shall enter into an agreement with a
statewide nonprofit trappers association to conduct a trapper
education program. At a minimum, the program must include at
least six hours of classroom new text begin , electronic, or correspondence
instruction new text end and in the field training. The program must include
a review of state trapping laws and regulations, trapping
ethics, the setting and tending of traps and snares, tagging and
registration requirements, and the preparation of pelts. new text begin The
association shall issue a certificate to persons who complete
the program. new text end The association shall be responsible for all costs
of conducting the education program, and shall not charge any
fee for attending the course.

Sec. 17.

new text begin [97B.026] TRAPPER EDUCATION CERTIFICATE
REQUIREMENT.
new text end

new text begin A person born after December 31, 1989, and who has not been
issued a trapping license in a previous license year, may not
obtain a trapping license unless the person has been issued a
trapper education certificate under section 97B.025, paragraph
(b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2007.
new text end

Sec. 18.

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 to the extent 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. 19.

Minnesota Statutes 2004, section 97B.111,
subdivision 2, is amended to read:

Subd. 2.

Permit for organization.

(a) The commissioner
may issue a special permit without a fee to a nonprofit
organization to provide an assisted hunting opportunity to
physically disabled hunters. The assisted hunting opportunity
may take place:

(1) in areas designated by the commissioner under
subdivision 1; or

(2) on private property or a licensed shooting preserve.

(b) The sponsoring organization shall provide a physically
capable person to assist each disabled hunter with
safety-related aspects of hunting new text begin and, notwithstanding section
97B.081, a person with a physical disability who is totally
blind may use laser sights new text end .

(c) The commissioner may impose reasonable permit
conditions.

Sec. 20.

new text begin [97B.115] COMPUTER-ASSISTED REMOTE HUNTING
PROHIBITION.
new text end

new text begin No person shall operate, provide, sell, use or offer to
operate, provide, sell or use any computer software or service
that allows a person, not physically present at the site, to
remotely control a weapon that could be used to take any wild
animal by remote operation, including, but not limited to,
weapons or devices set up to fire through the use of the
Internet or through a remote control device.
new text end

Sec. 21.

Minnesota Statutes 2004, section 97B.625,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin permit required to deleted text end new text begin use of a new text end snare.

A person may
deleted text begin not deleted text end use a snare to take lynx or bobcat deleted text begin except under a permit
from deleted text end new text begin , as prescribed by new text end the commissioner new text begin , without a permit new text end .

Sec. 22.

Minnesota Statutes 2004, section 97B.631,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin permit required to deleted text end new text begin use of a new text end snare.

A person may
deleted text begin not deleted text end use a snare to take fox deleted text begin except under a permit from deleted text end new text begin , as
prescribed by new text end the commissioner new text begin , without a permit new text end .

Sec. 23.

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. 24.

Minnesota Statutes 2004, section 97B.711,
subdivision 1, is amended to read:

Subdivision 1.

Seasons for certain upland game birds.

(a) The commissioner may, by rule, prescribe an open season in
designated areas between September 16 and deleted text begin December 31 deleted text end new text begin January 3
new text end for:

(1) pheasant;

(2) ruffed grouse;

(3) sharp tailed grouse;

(4) Canada spruce grouse;

(5) prairie chicken;

(6) gray partridge;

(7) bob-white quail; and

(8) turkey.

(b) The commissioner may by rule prescribe an open season
for turkey in the spring.

Sec. 25.

Minnesota Statutes 2004, section 97B.803, is
amended to read:

97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.

new text begin (a) new text end The commissioner shall prescribe seasons, limits, and
areas for taking migratory waterfowl in accordance with federal
law.

new text begin (b) The regular duck season may not open before the
Saturday closest to October 1.
new text end

Sec. 26.

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. 27.

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. 28.

Minnesota Statutes 2004, section 97B.931,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin body-gripping traps deleted text end new text begin frequency new text end .

A deleted text begin body-gripping,
conibear-type deleted text end trap new text begin or snare new text end need not be tended more frequently
than once every third calendar day.

Sec. 29.

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. 30.

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. 31.

Minnesota Statutes 2004, 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 spears, dip nets, bows and arrows,
and spear guns allowed under section 97C.381 on or near waters
between sunrise and sunset from May 1 to the deleted text begin third deleted text end new text begin last new text end Sunday
in February new text begin , or as otherwise prescribed by the commissioner new text end .

Sec. 32.

Minnesota Statutes 2004, section 97C.395,
subdivision 1, is amended to read:

Subdivision 1.

Dates for certain species.

(a) The open
seasons to take fish by angling are as follows:

(1) for walleye, sauger, northern pike, muskellunge,
largemouth bass, and smallmouth bass, the Saturday two weeks
prior to the Saturday of Memorial Day weekend to the deleted text begin third deleted text end new text begin last
new text end Sunday in February;

(2) for lake trout, from January 1 to October 31;

(3) for brown trout, brook trout, rainbow trout, and
splake, between January 1 to October 31 as prescribed by the
commissioner by rule except as provided in section 97C.415,
subdivision 2; and

(4) for salmon, as prescribed by the commissioner by rule.

(b) The commissioner shall close the season in areas of the
state where fish are spawning and closing the season will
protect the resource.

Sec. 33.

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 new text begin not new text end take deleted text begin no
deleted text end 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. 34.

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. 35. 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 sections 28, 30, and 32. 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. 36. new text begin REPEALER.
new text end

new text begin (a) 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

new text begin (b) Minnesota Rules, part 6234.2300, subparts 2 and 3, are
repealed.
new text end