SF 865

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/16/2017 09:46am

A bill for an act
relating to natural resources; modifying off-highway vehicle provisions; modifying
provisions of Minnesota Naturalist Corps; modifying invasive species provisions;
modifying state water trail provisions; modifying water safety requirements;
modifying certain timber auction provisions; modifying grant, contract, and lease
provisions; modifying provisions to take, possess, and transport wildlife; modifying
commissioner's duties and authority; modifying wetland replacement and evaluation
requirements; providing for the allocation of surplus wetland credits under a permit
to mine; exempting certain storm water use from water-use permit requirements;
modifying Petroleum Tank Release Cleanup Act; establishing a water quality
improvement goal; extending ban on open air swine basins; removing certain
mandatory rulemaking requirements; providing for certain demolition debris landfill
permitting; amending Minnesota Statutes 2016, sections 84.01, by adding a
subdivision; 84.788, subdivision 2; 84.791, subdivision 1; 84.8031; 84.946,
subdivision 2, by adding a subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03,
subdivisions 3, 4; 84D.04, subdivision 1; 84D.05, subdivision 1; 84D.108,
subdivision 2a, by adding a subdivision; 84D.11, by adding a subdivision; 85.32,
subdivision 1; 86B.313, subdivision 1; 86B.511; 88.523; 89.39; 90.01, subdivisions
8, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision
2; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.47,
subdivision 4; 94.343, subdivision 9; 94.344, subdivision 9; 97A.015, subdivisions
29, 39, 43, 45, 52, 53; 97A.045, subdivision 10; 97B.031, subdivision 6; 97B.071;
97B.405; 97B.431; 97B.655, subdivision 1; 97C.211, subdivision 2a; 97C.401,
subdivision 2; 97C.501, subdivision 1; 97C.515, subdivision 2; 97C.701, by adding
a subdivision; 103G.005, subdivisions 10b, 10h, by adding a subdivision; 103G.222,
subdivisions 1, 3; 103G.2242, subdivision 2; 103G.271, subdivision 1; 103G.411;
115C.021, subdivision 1, by adding a subdivision; 116.0714; 160.06; Laws 2013,
chapter 114, article 4, section 105; proposing coding for new law in Minnesota
Statutes, chapter 103A; repealing Minnesota Statutes 2016, sections 84.026,
subdivision 3; 97B.031, subdivision 5; 97C.515, subdivisions 4, 5; 97C.701,
subdivisions 1a, 6; 97C.705; 97C.711; Minnesota Rules, parts 6258.0100;
6258.0200; 6258.0300; 6258.0400; 6258.0500; 6258.0600; 6258.0700, subparts
1, 4, 5; 6258.0800; 6258.0900.

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

Section 1.

Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Legal counsel. new text end

new text begin The commissioner may appoint attorneys or outside counsel to
render title opinions, represent the department in severed mineral interest forfeiture actions
brought pursuant to section 93.55, and, notwithstanding any statute to the contrary, represent
the state in quiet title or title registration actions affecting land or interests in land
administered by the commissioner of natural resources.
new text end

Sec. 2.

Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read:

Subd. 2.

Exemptions.

Registration is not required for off-highway motorcycles:

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

(2) registered in another state or country that have not been within this state for more
than 30 consecutive days;

(3) registered under chapter 168, when operated on forest roads to gain access to a state
forest campground;

(4) used exclusively in organized track racing events;

(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
off-highway motorcycle state trail pass; deleted text begin or
deleted text end

(6) operated by a person participating in an event for which the commissioner has issued
a special use permit new text begin ; or
new text end

new text begin (7) operated on boundary trails and registered in another state or country providing equal
reciprocal registration or licensing exemptions for registrants of this state new text end .

Sec. 3.

Minnesota Statutes 2016, section 84.791, subdivision 1, is amended to read:

Subdivision 1.

Program established; when required.

(a) The commissioner shall
establish a comprehensive off-highway motorcycle environment and safety education and
training program deleted text begin , including the preparation and dissemination of deleted text end new text begin that includes preparing
and disseminating new text end vehicle information and safety advice to the public, deleted text begin the deleted text end training deleted text begin of deleted text end
off-highway motorcycle operators, and deleted text begin the issuance of deleted text end new text begin issuing new text end off-highway motorcycle
safety certificates to operators deleted text begin under the age of 16 deleted text end new text begin 12 to 15 new text end years new text begin of age new text end who successfully
complete the off-highway motorcycle environment and safety education and training courses.

(b) An individual who is convicted of violating a law related to the operation of an
off-highway motorcycle must successfully complete the environment and safety education
and training program established under paragraph (a) before continuing operation of an
off-highway motorcycle.

Sec. 4.

Minnesota Statutes 2016, section 84.8031, is amended to read:

84.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.

The commissioner must review an off-road vehicle grant-in-aid application and, if
approved, deleted text begin commence deleted text end new text begin begin new text end public review of the application within 60 days after the
completed application has been locally approved and submitted to an area parks and trails
office. If the commissioner fails to approve or deny the application within 60 days after
submission, the application is deemed approved and the commissioner must provide for a
30-day public review period. new text begin If the commissioner denies an application, the commissioner
must provide the applicant with a written explanation for denying the application at the time
the applicant is notified of the denial.
new text end

Sec. 5.

Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read:

Subd. 2.

Standards.

(a) An appropriation for asset preservation may be used only for a
capital expenditure on a capital asset previously owned by the state, within the meaning of
generally accepted accounting principles as applied to public expenditures. The commissioner
of natural resources will consult with the commissioner of management and budget to the
extent necessary to ensure this and will furnish the commissioner of management and budget
a list of projects to be financed from the account in order of their priority. The legislature
assumes that many projects for preservation and replacement of portions of existing capital
assets will constitute betterments and capital improvements within the meaning of the
Constitution and capital expenditures under generally accepted accounting principles, and
will be financed more efficiently and economically under this section than by direct
appropriations for specific projects.

(b) An appropriation for asset preservation must not be used to acquire land or to acquire
or construct buildings or other facilities.

(c) Capital budget expenditures for natural resource asset preservation and replacement
projects must be for one or more of the following types of capital projects that support the
existing programmatic mission of the department: code compliance including health and
safety, Americans with Disabilities Act requirements, hazardous material abatement, access
improvement, or air quality improvement; building energy efficiency improvements using
current best practices; building or infrastructure repairs necessary to preserve the interior
and exterior of existing buildings; new text begin projects to remove life safety hazards such as building
code violations or structural defects; new text end or renovation of other existing improvements to land,
including but not limited to trails and bridges.

(d) Up to ten percent of an appropriation awarded under this section may be used for
design costs for projects eligible to be funded from this account in anticipation of future
funding from the account.

Sec. 6.

Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Priorities; report. new text end

new text begin The commissioner of natural resources must establish
priorities for natural resource asset preservation and replacement projects. By January 15
each year, the commissioner must submit to the commissioner of management and budget
a list of the projects that have been paid for with money from a natural resource asset
preservation and replacement appropriation during the preceding calendar year.
new text end

Sec. 7.

Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read:

Subd. 3.

Training and mentoring.

The commissioner must develop and implement a
training program that adequately prepares Minnesota Naturalist Corps members for the
tasks assigned. Each corps member deleted text begin shall be deleted text end new text begin is new text end assigned deleted text begin a state park deleted text end new text begin an interpretive new text end naturalist
as a mentor.

Sec. 8.

Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read:

Subd. 4.

Uniform deleted text begin patch deleted text end new text begin pin new text end .

Uniforms worn by members of the Minnesota Naturalist
Corps must have a deleted text begin patch deleted text end new text begin pin new text end that includes the name of the Minnesota Naturalist Corps and
information that the program is funded by the clean water, land, and legacy amendment to
the Minnesota Constitution adopted by the voters in November 2008.

Sec. 9.

Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read:

Subd. 5.

Eligibility.

A person is eligible to enroll in the Minnesota Naturalist Corps if
the person:

(1) is a permanent resident of the state;

(2) is a participant in an approved college internship program deleted text begin or has a postsecondary
degree deleted text end in a new text begin field related to new text end natural deleted text begin resource deleted text end new text begin resources, cultural history, interpretation, new text end or
conservation deleted text begin related field deleted text end ; and

(3) has completed at least one year of postsecondary education.

Sec. 10.

Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read:

Subd. 6.

Corps member status.

Minnesota Naturalist Corps members are not eligible
for unemployment benefits deleted text begin if their services are excluded under section 268.035, subdivision
20, deleted text end and are not eligible for other benefits except workers' compensation. The corps members
are not employees of the state within the meaning of section 43A.02, subdivision 21.

Sec. 11.

Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read:

Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b),
(c), or (d), and section 97C.341.

(b) In waters that are listed as infested waters, except those listed as infested with
prohibited invasive species of fish or certifiable diseases of fish, as defined under section
17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes as provided
in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
watermilfoil, when the infested waters are listed solely because they contain Eurasian
watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not
exceeding 16 inches in diameter and 32 inches in length.

(c) In streams or rivers that are listed as infested waters, except those listed as infested
with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest
of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
hook and line for noncommercial personal use is allowed as follows:

(1) fish taken under this paragraph must be used on the same body of water where caught
and while still on that water body. Where the river or stream is divided by barriers such as
dams, the fish must be caught and used on the same section of the river or stream;

(2) fish taken under this paragraph may not be transported live from or off the water
body;

(3) fish harvested under this paragraph may only be used in accordance with this section;

(4) any other use of wild animals used for bait from infested waters is prohibited;

(5) fish taken under this paragraph must meet all other size restrictions and requirements
as established in rules; and

(6) all species listed under this paragraph shall be included in the person's daily limit as
established in rules, if applicable.

(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River
downstream of the dam at Taylors Falls, including portions described as
Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items
A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for
angling, as provided in a permit issued under section 84D.11, is allowed as follows:

(1) nontarget species must immediately be returned to the water;

(2) gizzard shad taken under this paragraph must be used on the same body of water
where caught and while still on that water body. Where the river is divided by barriers such
as dams, the gizzard shad must be caught and used on the same section of the river;

(3) gizzard shad taken under this paragraph may not be transported off the water body;
and

(4) gizzard shad harvested under this paragraph may only be used in accordance with
this section.

This paragraph expires December 1, 2017.

(e) Equipment authorized for minnow harvest in a listed infested water by permit issued
under paragraph (b) may not be transported to, or used in, any waters other than waters
specified in the permit.

new text begin (f) Bait intended for sale may not be held in infested water after taking and before sale,
unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.
new text end

Sec. 12.

Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read:

Subd. 4.

Commercial fishing and turtle, frog, and crayfish harvesting restrictions
in infested and noninfested waters.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined
in section 17.4982, deleted text begin may not be used in any other waters. If a commercial licensee operates
in an infested water listed because it contains invasive fish, invertebrates, or certifiable
diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used
for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, deleted text end must be
tagged with tags provided by the commissioner, as specified in the commercial licensee's
license or permit. new text begin Tagged gear must not be used in any water bodies other than those specified
in the license or permit. The permit may authorize department staff to remove tags after the
gear is decontaminated. new text end This tagging requirement does not apply to commercial fishing
equipment used in Lake Superior.

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
frog, or crayfish harvesting in an infested water that is listed solely because it contains
Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
of two days before they are used in any other waters, except as provided in this paragraph.
Commercial licensees must notify the department's regional or area fisheries office or a
conservation officer before removing nets or equipment from an infested water listed solely
because it contains Eurasian watermilfoil and before resetting those nets or equipment in
any other waters. Upon notification, the commissioner may authorize a commercial licensee
to move nets or equipment to another water without freezing or drying, if that water is listed
as infested solely because it contains Eurasian watermilfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment before placing the equipment into waters of the state.

(d) The commissioner shall provide a commercial licensee with a current listing of listed
infested waters at the time that a license or permit is issued.

Sec. 13.

Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read:

Subdivision 1.

Classes.

The commissioner shall, as provided in this chapter, classify
nonnative species of aquatic plants and wild animals new text begin , including subspecies, genotypes,
cultivars, hybrids, or genera of nonnative species, new text end according to the following categories:

(1) prohibited invasive species, which may not be possessed, imported, purchased, sold,
propagated, transported, or introduced except as provided in section 84D.05;

(2) regulated invasive species, which may not be introduced except as provided in section
84D.07;

(3) unlisted nonnative species, which are subject to the classification procedure in section
84D.06; and

(4) unregulated nonnative species, which are not subject to regulation under this chapter.

Sec. 14.

Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read:

Subdivision 1.

Prohibited activities.

A person may not possess, import, purchase, sell,
propagate, transport, or introduce a prohibited invasive species, except:

(1) under a permit issued by the commissioner under section 84D.11;

(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;

(3) under a restricted species permit issued under section 17.457;

(4) when being transported to the department, or another destination as the commissioner
may direct, in a sealed container for purposes of identifying the species or reporting the
presence of the species;

(5) when being transported for disposal as part of a harvest or control activity when
specifically authorized under a permit issued by the commissioner according to section
103G.615, when being transported for disposal as specified under a commercial fishing
license issued by the commissioner according to section 97A.418, 97C.801, 97C.811,
97C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner;

(6) when being removed from watercraft and equipment, or caught while angling, and
immediately returned to the water from which they came; deleted text begin or
deleted text end

new text begin (7) when being transported from riparian property to a legal disposal site that is at least
100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited
invasive species are in a covered commercial vehicle specifically designed and used for
hauling trash; or
new text end

deleted text begin (7) deleted text end new text begin (8) new text end as the commissioner may otherwise prescribe by rule.

Sec. 15.

Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read:

Subd. 2a.

Lake Minnetonka pilot study.

(a) The commissioner may issue an additional
permit to service providers to return to Lake Minnetonka water-related equipment with
zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired.
The permit must include verification and documentation requirements and any other
conditions the commissioner deems necessary.

(b) Water-related equipment with zebra mussels attached may be returned only to Lake
Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted
under subdivision 1.

(c) The service provider's place of business must be within the Lake Minnetonka
Conservation District as established according to sections 103B.601 to 103B.645 new text begin , or within
a municipality immediately bordering the Lake Minnetonka Conservation District's
boundaries new text end .

(d) A service provider applying for a permit under this subdivision must, if approved
for a permit and before the permit is valid, furnish a corporate surety bond in favor of the
state for $50,000 payable upon violation of this chapter new text begin while the service provider is acting
under a permit issued according to this subdivision new text end .

(e) This subdivision expires December 1, deleted text begin 2018 deleted text end new text begin 2019 new text end .

Sec. 16.

Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Gull Lake pilot study. new text end

new text begin (a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for the
Gull Narrows State Water Access Site, Government Point State Water Access Site, and
Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305)
in Cass and Crow Wing Counties utilizing the same authorities, general procedures, and
requirements provided for the Lake Minnetonka pilot project in section 84D.108, subdivision
2a. Lake service providers participating in the Gull Lake targeted pilot study place of business
must be located within Cass or Crow Wing County.
new text end

new text begin (b) If an additional targeted pilot project for Gull Lake is implemented under this section,
the report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over natural resources required under Laws
2016, chapter 189, article 3, section 48, shall also include the Gull Lake targeted pilot study
recommendations and assessments.
new text end

new text begin (c) This subdivision expires December 1, 2019.
new text end

Sec. 17.

Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Permit for invasive carp. new text end

new text begin The commissioner may issue a permit to
departmental divisions for tagging bighead, black, grass, or silver carp for research or
control. Under the permit, the carp may be released into the water body from which the carp
was captured. This subdivision expires December 31, 2021.
new text end

Sec. 18.

Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Areas marked deleted text end new text begin Designation new text end .

The commissioner of natural resources is
authorized in cooperation with local units of government and private individuals and groups
when feasible to deleted text begin mark deleted text end new text begin manage new text end state water trails on new text begin the Lake Superior water trail under
section 85.0155 and on new text end the new text begin following rivers, which have historic, recreational, and scenic
values: new text end Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro,
Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa
from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River
of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, deleted text begin and deleted text end new text begin Vermilion in
St. Louis County, North Fork of the Crow, and South Fork of the new text end Crow deleted text begin Rivers, which have
historic and scenic values, and to mark appropriately deleted text end new text begin . The commissioner may map and sign new text end
points of interest, new text begin public water access sites, new text end portages, camp sites, and deleted text begin all deleted text end dams, rapids,
waterfalls, deleted text begin whirlpools, deleted text end and other serious hazards that are dangerous to canoe, kayak, and
watercraft travelers. new text begin The commissioner may maintain passageway for watercraft on state
water trails.
new text end

Sec. 19.

Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) In addition to requirements of other laws
relating to watercraft, a person may not operate or permit the operation of a personal
watercraft:

(1) without each person on board the personal watercraft wearing a deleted text begin United States Coast
Guard (USCG) approved deleted text end wearable personal flotation device deleted text begin with a deleted text end new text begin that is approved by the
United States Coast Guard (USCG) and has a new text end USCG label indicating deleted text begin it deleted text end new text begin the flotation device new text end
either is approved for or does not prohibit use with personal watercraft deleted text begin or water skiing deleted text end ;

(2) between one hour before sunset and 9:30 a.m.;

(3) at greater than slow-no wake speed within 150 feet of:

(i) a shoreline;

(ii) a dock;

(iii) a swimmer;

(iv) a raft used for swimming or diving; or

(v) a moored, anchored, or nonmotorized watercraft;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other
device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified
accessory mirrors that give the operator a wide field of vision to the rear;

(5) without the lanyard-type engine cutoff switch being attached to the person, clothing,
or personal flotation device of the operator, if the personal watercraft is equipped by the
manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or
tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property,
including weaving through congested watercraft traffic, jumping the wake of another
watercraft within 150 feet of the other watercraft, or operating the watercraft while facing
backwards;

(10) in any other manner that is not reasonable and prudent; or

(11) without a personal watercraft rules decal, issued by the commissioner, attached to
the personal watercraft so as to be in full view of the operator.

(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft
to launch or land a person on water skis, a kneeboard, or similar device by the most direct
route to open water.

Sec. 20.

Minnesota Statutes 2016, section 86B.511, is amended to read:

86B.511 LIGHTS.

new text begin Subdivision 1. new text end

new text begin Navigation lights. new text end

Except as provided in section 169.541, a watercraft
using the waters of this state, when underway or in use between sunset and sunrise, must
carry and display the new text begin navigation new text end lights prescribed by the commissioner for the watercraft.

new text begin Subd. 2. new text end

new text begin Other lights. new text end

new text begin (a) No person may operate a watercraft with lights that are not
navigation lights required under subdivision 1, that are visible on the exterior of the
watercraft, and that:
new text end

new text begin (1) interfere with the visibility of navigation lights; or
new text end

new text begin (2) are red, green, or blue.
new text end

new text begin (b) Notwithstanding paragraph (a), watercraft operated for government-sanctioned public
safety activities may display an alternately flashing red and yellow light signal for
identification. The lights must not interfere with the visibility of the navigation lights. No
special privilege is granted. Operators must not presume that the light or exigency gives
them precedence or right-of-way.
new text end

new text begin (c) Notwithstanding paragraph (a), law enforcement may operate watercraft with lights
that are flashing blue when engaged in law enforcement activities. The lights must not
interfere with the visibility of the navigation lights.
new text end

new text begin (d) A first violation of this subdivision shall not result in a penalty, but is punishable
only by a safety warning. A second or subsequent violation is a petty misdemeanor.
new text end

Sec. 21.

Minnesota Statutes 2016, section 88.523, is amended to read:

88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.

Upon application of the owner, any auxiliary forest contract may be made subject to any
provisions of law enacted subsequent to the execution of the contract and in force at the
time of application, so far as not already applicable, with the approval of the county board
and the commissioner of natural resources. A supplemental agreement in a deleted text begin form deleted text end new text begin format new text end
prescribed by the commissioner deleted text begin and approved by the attorney general deleted text end must be executed by
the commissioner in behalf of the state and by the owner. The supplemental agreement must
be filed and recorded in like manner as the supplemental contract under section 88.49,
subdivision 9, and takes effect upon filing and recording.

Sec. 22.

Minnesota Statutes 2016, section 89.39, is amended to read:

89.39 PURCHASE AGREEMENTS AND PENALTIES.

Every individual, partnership, or private corporation to whom any planting stock is
supplied for planting on private land deleted text begin hereunder shall deleted text end new text begin under sections 89.35 to 89.39 must new text end
execute an agreement, deleted text begin upon a form deleted text end new text begin in a format new text end approved by the deleted text begin attorney general deleted text end new text begin
commissioner new text end , to comply with deleted text begin all deleted text end the requirements of sections 89.35 to 89.39 and deleted text begin all deleted text end
conditions prescribed by the commissioner deleted text begin hereunder deleted text end new text begin thereunder new text end . Any party to such an
agreement who deleted text begin shall violate any provision thereof shall, deleted text end new text begin violates the agreement is, new text end in addition
to any other penalties that may be applicable, deleted text begin be deleted text end liable to the state in a sum equal to three
times the reasonable value of the trees affected by the violation at the time the deleted text begin same deleted text end new text begin trees new text end
were shipped for planting; provided, that if deleted text begin such deleted text end new text begin the new text end trees are sold or offered for sale for
any purpose not deleted text begin herein deleted text end authorized deleted text begin , such deleted text end new text begin under sections 89.35 to 89.39, the new text end penalty deleted text begin shall be deleted text end new text begin
is new text end equal to three times the sale price. deleted text begin Such deleted text end new text begin The new text end penalties deleted text begin shall be deleted text end new text begin are new text end recoverable in a civil
action brought in the name of the state by the attorney general.

Sec. 23.

Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Affiliate. new text end

new text begin "Affiliate" means a person who:
new text end

new text begin (1) controls, is controlled by, or is under common control with any other person,
including, without limitation, a partner, business entity with common ownership, or principal
of any business entity or a subsidiary, parent company, or holding company of any person;
or
new text end

new text begin (2) bids as a representative for another person.
new text end

Sec. 24.

Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read:

Subd. 8.

Permit holder.

"Permit holder" means the person new text begin or affiliate of the person new text end who
is the signatory of a permit to cut timber on state lands.

Sec. 25.

Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read:

Subd. 12.

Responsible bidder.

"Responsible bidder" means a person new text begin or affiliate of a
person new text end who is financially responsible; demonstrates the judgment, skill, ability, capacity,
and integrity requisite and necessary to perform according to the terms of a permit issued
under this chapter; and is not currently debarred by deleted text begin another deleted text end new text begin a new text end government entity for any
cause.

Sec. 26.

Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read:

Subd. 2.

Trespass on state lands.

The commissioner may compromise and settle deleted text begin , with
notification to the attorney general deleted text end , upon terms the commissioner deems just, any claim of
the state for casual and involuntary trespass upon state lands or timber; provided that no
claim shall be settled for less than the full value of all timber or other materials taken in
casual trespass or the full amount of all actual damage or loss suffered by the state as a
result. Upon request, the commissioner shall advise the Executive Council of any information
acquired by the commissioner concerning any trespass on state lands, giving all details and
names of witnesses and all compromises and settlements made under this subdivision.

Sec. 27.

Minnesota Statutes 2016, section 90.051, is amended to read:

90.051 SUPERVISION OF SALES; BOND.

The department employee delegated to supervise state timber appraisals and sales shall
be bonded in a form to be prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end and in the sum
of not less than $25,000, conditioned upon the faithful and honest performance of duties.

Sec. 28.

Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read:

Subd. 2.

Sale list and notice.

At least 30 days before the date of sale, the commissioner
shall compile a list containing a description of each tract of land upon which any timber to
be offered is situated and a statement of the estimated quantity of timber and of the appraised
price of each kind of timber thereon as shown by the report of the state appraiser. No
description shall be added after the list is posted and no timber shall be sold from land not
described in the list. Copies of the list deleted text begin shall deleted text end new text begin must new text end be furnished to all interested applicants.
new text begin At least 30 days before the date of sale, new text end a copy of the list deleted text begin shall deleted text end new text begin must new text end be new text begin posted on the Internet
or new text end conspicuously posted in the forest office or other public facility most accessible to potential
bidders deleted text begin at least 30 days prior to the date of sale deleted text end . The commissioner shall cause a notice to
be published once not less than one week before the date of sale in a legal newspaper in the
county or counties where the land is situated. The notice shall state the time and place of
the sale and the location at which further information regarding the sale may be obtained.
The commissioner may give other published or posted notice as the commissioner deems
proper to reach prospective bidders.

Sec. 29.

Minnesota Statutes 2016, section 90.14, is amended to read:

90.14 AUCTION SALE PROCEDURE.

(a) All state timber shall be offered and sold by the same unit of measurement as it was
appraised. No tract shall be sold to any person other than the deleted text begin purchaser deleted text end new text begin responsible bidder new text end
in whose name the bid was made. The commissioner may refuse to approve any and all bids
received and cancel a sale of state timber for good and sufficient reasons.

(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid,
or, if unsold at public auction, at the time of purchase at a subsequent sale under section
90.101, subdivision 1, pay to the commissioner a down payment of 15 percent of the
appraised value. In case any purchaser fails to make such payment, the purchaser shall be
liable therefor to the state in a civil action, and the commissioner may reoffer the timber
for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been
made.

(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state
timber may, at the time of payment by the purchaser to the commissioner of 15 percent of
the appraised value, elect in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end prescribed by the deleted text begin attorney general deleted text end new text begin
commissioner new text end to purchase a permit based solely on the appraiser's estimate of the volume
of timber described in the permit, provided that the commissioner has expressly designated
the availability of such option for that tract on the list of tracts available for sale as required
under section 90.101. A purchaser who elects in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end prescribed by the
deleted text begin attorney general deleted text end new text begin commissioner new text end to purchase a permit based solely on the appraiser's estimate
of the volume of timber described on the permit does not have recourse to the provisions
of section 90.281.

(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be
awarded to the high bidder, who shall pay to the commissioner a down payment of 15
percent of the appraised value that must be received or postmarked within 14 days of the
date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser
is liable for the down payment to the state and the commissioner may offer the timber for
sale to the next highest bidder as though no higher bid had been made.

(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued
under section 90.151, the commissioner shall require the purchaser to make a bid guarantee
payment to the commissioner in an amount equal to 15 percent of the total purchase price
of the permit less the down payment amount required by paragraph (b) for any bid increase
in excess of $10,000 of the appraised value. If a required bid guarantee payment is not
submitted with the signed permit, no harvesting may occur, the permit cancels, and the
down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective permit.

Sec. 30.

Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read:

Subd. 2.

Purchaser registration.

To facilitate the sale of permits issued under section
90.151, the commissioner may establish a registration system to verify the qualifications
of a person new text begin or affiliate new text end as a responsible bidder to purchase a timber permit. Any system
implemented by the commissioner shall be limited in scope to only that information that is
required for the efficient administration of the purchaser qualification requirements of this
chapter. The registration system established under this subdivision is not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.

Sec. 31.

Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read:

Subdivision 1.

Issuance; expiration.

(a) Following receipt of the down payment for
state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered
permit to the purchaser, in a deleted text begin form deleted text end new text begin format new text end approved by the deleted text begin attorney general deleted text end new text begin commissioner new text end ,
by the terms of which the purchaser deleted text begin shall be deleted text end new text begin is new text end authorized to enter upon the land deleted text begin , deleted text end and to cut
and remove the timber deleted text begin therein deleted text end described new text begin in the permit new text end as designated for cutting in the report
of the state appraiser, according to the provisions of this chapter. The permit deleted text begin shall deleted text end new text begin must new text end be
correctly dated and executed by the commissioner and signed by the purchaser. If a permit
is not signed by the purchaser within 45 days from the date of purchase, the permit cancels
and the down payment for timber required under section 90.14 forfeits to the state. The
commissioner may grant an additional period for the purchaser to sign the permit, not to
exceed ten business days, provided the purchaser pays a $200 penalty fee.

(b) The permit deleted text begin shall expire deleted text end new text begin expires new text end no later than five years after the date of sale as the
commissioner shall specify or as specified under section 90.191, and the timber deleted text begin shall deleted text end new text begin must new text end
be cut and removed within the time specified deleted text begin therein deleted text end . If additional time is needed, the permit
holder must request, deleted text begin prior to deleted text end new text begin before new text end the expiration date, and may be granted, for good and
sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and
removing all equipment and buildings. All cut timber, equipment, and buildings not removed
from the land after expiration of the permit becomes the property of the state.

(c) The commissioner may grant deleted text begin an deleted text end additional deleted text begin period of deleted text end time not to exceed 240 days
for deleted text begin the removal of deleted text end new text begin removing new text end cut timber, equipment, and buildings upon receipt of a written
request by the permit holder for good and sufficient reasons. The permit holder may combine
in the written request under this paragraph the request for additional time under paragraph
(b).

Sec. 32.

Minnesota Statutes 2016, section 90.162, is amended to read:

90.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS.

In lieu of the security deposit equal to the value of all timber covered by the permit
required by section 90.161, a purchaser of state timber may elect in deleted text begin writing on deleted text end a deleted text begin form deleted text end new text begin format new text end
prescribed by the deleted text begin attorney general deleted text end new text begin commissioner new text end to give good and valid surety to the state
of Minnesota equal to the purchase price for any designated cutting block identified on the
permit before the date the purchaser enters upon the land to begin harvesting the timber on
the designated cutting block.

Sec. 33.

Minnesota Statutes 2016, section 90.252, is amended to read:

90.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES;
FEES.

Subdivision 1.

Scaling agreement.

The commissioner may enter into an agreement with
either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling
of the cut timber and the collection of the payment for the same can be consummated by
the state. deleted text begin Such an deleted text end new text begin The new text end agreement deleted text begin shall deleted text end new text begin must new text end be approved as to form and content by the
deleted text begin attorney general deleted text end new text begin commissioner new text end and deleted text begin shall deleted text end new text begin must new text end provide for a bond or cash in lieu of a bond
and deleted text begin such deleted text end other safeguards as are necessary to protect the interests of the state. The scaling
and payment collection procedure may be used for any state timber sale, except that no
permittee who is also the consumer shall both cut and scale the timber sold unless deleted text begin such deleted text end new text begin the new text end
scaling is supervised by a state scaler.

Subd. 2.

Weight measurement services; fees.

The commissioner may enter into an
agreement with the owner or operator of any weight scale inspected, tested, and approved
under chapter 239 to provide weight measurements for deleted text begin the deleted text end scaling deleted text begin of deleted text end state timber according
to section 90.251. The agreement deleted text begin shall deleted text end new text begin must new text end be deleted text begin on a form deleted text end new text begin in a format new text end prescribed by the
deleted text begin attorney general deleted text end new text begin commissioner new text end , deleted text begin shall become a deleted text end new text begin becomes new text end part of the official record of any
state timber permit so scaled, and deleted text begin shall deleted text end new text begin must new text end contain safeguards that are necessary to protect
the interests of the state. Except as otherwise provided by the commissioner, the cost of any
agreement to provide weight measurement of state timber deleted text begin shall deleted text end new text begin must new text end be paid by the permit
holder of any state timber permit so measured and the cost deleted text begin shall deleted text end new text begin must new text end be included in the
statement of the amount due for the permit under section 90.181, subdivision 1.

Sec. 34.

Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read:

Subd. 4.

Administration and enforcement.

The commissioner shall administer and
enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the
commissioner may (1) conduct such investigations and inspections as the commissioner
deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon
any parts of the mining areas in connection with any such investigation and inspection
without liability to the operator or landowner provided that reasonable prior notice of
intention to do so shall have been given the operator or landowner; (3) conduct such research
or enter into contracts related to mining areas and the reclamation thereof as may be necessary
to carry out the provisions of sections 93.46 to 93.50 new text begin ; and (4) allocate surplus wetland credits
that are approved by the commissioner under a permit to mine on or after July 1, 1991, and
that are not otherwise deposited in a state wetland bank new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 1991.
new text end

Sec. 35.

Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read:

Subd. 9.

Approval by deleted text begin attorney general deleted text end new text begin commissioner new text end .

No exchange of class A land
shall be consummated unless the deleted text begin attorney general shall have given an opinion in writing deleted text end new text begin
commissioner determines new text end that the title to the land proposed to be conveyed to the state is
good and deleted text begin marketable, deleted text end free from all liens deleted text begin and deleted text end new text begin , with all new text end encumbrances new text begin identified new text end except
reservations herein authorized. new text begin The commissioner may use title insurance to aid in the title
determination. new text end If required by the deleted text begin attorney general deleted text end new text begin commissioner new text end , the landowner deleted text begin shall deleted text end new text begin must new text end
submit an abstract of title and make and file with the commissioner an affidavit as to
possession of the land, improvements, liens, and encumbrances thereon, and other matters
affecting the title.

Sec. 36.

Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read:

Subd. 9.

Approval of county attorney.

No exchange of class B land shall be
consummated unless the title to the land proposed to be exchanged therefor deleted text begin shall deleted text end new text begin is new text end first deleted text begin be deleted text end
approved by the county attorney in like manner as provided for approval by the deleted text begin attorney
general deleted text end new text begin commissioner new text end in case of class A land. The county attorney's opinion on the title
deleted text begin shall be deleted text end new text begin is new text end subject to approval by the deleted text begin attorney general deleted text end new text begin commissioner new text end .

Sec. 37.

Minnesota Statutes 2016, 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 deleted text begin , not over 12 inches in length deleted text end ; (4) bullheads, ciscoes,
lake whitefish, goldeyes, and mooneyes, not over seven inches long; (5) leeches; and (6)
tadpole madtoms (willow cats) and stonecats.

Sec. 38.

Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read:

Subd. 39.

Protected wild animals.

"Protected wild animals" deleted text begin are the following wild
animals: deleted text end new text begin means new text end big game, small game, game fish, rough fish, minnows, leeches, alewives,
ciscoes, chubs, deleted text begin and deleted text end lake whitefish deleted text begin , deleted text end and the subfamily Coregoninae, rainbow smelt, frogs,
turtles, clams, mussels, wolf, mourning doves, new text begin bats, snakes, salamanders, lizards, any animal
species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter
6134, new text end and wild animals that are protected by a restriction in the time or manner of taking,
other than a restriction in the use of artificial lights, poison, or motor vehicles.

Sec. 39.

Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read:

Subd. 43.

Rough fish.

"Rough fish" means carp, buffalo, sucker, sheepshead, bowfin,
burbot, cisco, gar, goldeye, and bullhead deleted text begin . deleted text end new text begin , except for any fish species listed as endangered,
threatened, or of special concern in Minnesota Rules, chapter 6134.
new text end

Sec. 40.

Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read:

Subd. 45.

Small game.

"Small game" means game birds, gray squirrel, fox squirrel,
cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, new text begin short-tailed weasel,
long-tailed weasel, new text end wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar,
wolverine, muskrat, mink, otter, and beaver.

Sec. 41.

Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read:

Subd. 52.

Unprotected birds.

"Unprotected birds" means English sparrow, deleted text begin blackbird, deleted text end
starling, deleted text begin magpie, deleted text end cormorant, common pigeon, Eurasian collared dove, chukar partridge,
quail other than bobwhite quail, and mute swan.

Sec. 42.

Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read:

Subd. 53.

Unprotected wild animals.

"Unprotected wild animals" means wild animals
that are not protected wild animals including deleted text begin weasel, deleted text end coyote, new text begin plains pocket new text end gopher, porcupine,
striped skunk, and unprotected birds new text begin , except any animal species listed as endangered,
threatened, or of special concern in Minnesota Rules, chapter 6134 new text end .

Sec. 43.

Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read:

Subd. 10.

Reciprocal agreements on violations.

The commissioner deleted text begin , with the approval
of the attorney general, deleted text end may enter into reciprocal agreements with game and fish authorities
in other states and the United States government to provide for:

(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents
for violations of game and fish laws committed in signatory jurisdictions deleted text begin which deleted text end new text begin that new text end result
in license revocation in that jurisdiction;

(2) reporting convictions and license revocations of residents of signatory states for
violations of game and fish laws of Minnesota to game and fish authorities in the
nonresident's state of residence; and

(3) release upon signature without posting of bail for residents of signatory states accused
of game and fish law violations in this state, providing for recovery, in the resident
jurisdiction, of fines levied if the citation is not answered in this state.

As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.

Sec. 44.

Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read:

Subd. 6.

Scopes deleted text begin ; age 60 or over deleted text end .

A person deleted text begin age 60 or over deleted text end may use a muzzleloader with
a scope to take deer during the muzzleloader season. The scope may have magnification
capabilities.

Sec. 45.

Minnesota Statutes 2016, section 97B.071, is amended to read:

97B.071 deleted text begin BLAZE ORANGE deleted text end new text begin CLOTHING new text end REQUIREMENTS new text begin ; BLAZE ORANGE
OR BLAZE PINK new text end .

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

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

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

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

Sec. 46.

Minnesota Statutes 2016, section 97B.405, is amended to read:

97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.

(a) The commissioner may limit the number of persons that may hunt bear in an area,
if it is necessary to prevent an overharvest or improve the distribution of hunters. The
commissioner may establish, by rule, a method, including a drawing, to impartially select
the hunters for an area. The commissioner shall give preference to hunters that have
previously applied and have not been selected.

new text begin (b) If the commissioner limits the number of persons that may hunt bear in an area under
paragraph (a), the commissioner must reserve one permit and give first preference for that
permit to a resident of a Minnesota veterans home.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A person selected through a drawing must purchase a license by August 1. Any
remaining available licenses not purchased shall be issued to any eligible person as prescribed
by the commissioner on a first-come, first-served basis beginning three business days after
August 1.

Sec. 47.

Minnesota Statutes 2016, section 97B.431, is amended to read:

97B.431 BEAR-HUNTING OUTFITTERS.

(a) A person may not place bait for bear, or guide hunters to take bear, for compensation
without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a
license to take bear unless the outfitter is attempting to shoot a bear. The commissioner
shall adopt rules for qualifications for issuance and administration of the licenses.

(b) The commissioner shall establish a resident master bear-hunting-outfitter license
under which one person serves as the bear-hunting outfitter and one other person is eligible
to guide and bait bear. Additional persons may be added to the license and are eligible to
guide and bait bear under the license, provided the additional fee under section 97A.475,
subdivision 16, is paid for each person added. The commissioner shall adopt rules for
qualifications for issuance and administration of the licenses. new text begin The commissioner must not
require a person to have certification or training in first aid or CPR to be eligible for a license
under this section.
new text end

Sec. 48.

Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read:

Subdivision 1.

Owners and occupants may take certain animals.

A person new text begin or the
person's agent new text end may take new text begin bats, snakes, salamanders, lizards, weasel, new text end mink, squirrel, rabbit,
hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the
person where the animal is causing damage. The person new text begin or the person's agent new text end may take the
animal without a license and in any manner except by deleted text begin poison, or deleted text end artificial lights in the closed
season new text begin or by poison new text end . Raccoons may be taken under this subdivision with artificial lights
during open season. A person deleted text begin that deleted text end new text begin or the person's agent who new text end kills mink, raccoon, bobcat,
fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer
or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.

Sec. 49.

Minnesota Statutes 2016, section 97C.211, subdivision 2a, is amended to read:

Subd. 2a.

Acquisition of fish.

(a) A private fish hatchery may not obtain fish outside of
the state unless the fish or the source of the fish are approved by the commissioner. The
commissioner may apply more stringent requirements to fish or a source of fish from outside
the state than are applied to fish and sources of fish from within the state. The commissioner
must either approve or deny the acquisition within 30 days after receiving a written request
for approval. deleted text begin Minnows acquired must be processed and not released into public waters,
except as provided in section 97C.515, subdivision 4. deleted text end A request may be for annual
acquisition.

(b) If the commissioner denies approval, a written notice must be submitted to the
applicant stating the reasons for the denial and the commissioner must:

(1) designate approved sources to obtain the desired fish or fish eggs; or

(2) sell the fish or fish eggs from state fish hatcheries at fair market value.

Sec. 50.

Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read:

Subd. 2.

Walleye deleted text begin ; northern pike deleted text end .

deleted text begin (a) Except as provided in paragraph (b), deleted text end A person
may have no more than one walleye larger than 20 inches deleted text begin and one northern pike larger than
30 inches deleted text end in possession. new text begin This subdivision does not apply to boundary waters.
new text end

deleted text begin (b) The restrictions in paragraph (a) do not apply to boundary waters.
deleted text end

Sec. 51.

Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read:

Subdivision 1.

Minnow retailers.

(a) A person may not be a minnow retailer without
a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A
person must purchase a minnow retailer license for each minnow retail outlet operated,
except as provided by subdivision 2, paragraph (d).

(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor
vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow
retailer's place of business deleted text begin , except as provided in subdivision 3 deleted text end . A minnow retailer is not
required to obtain a minnow retailer's vehicle license new text begin :
new text end

new text begin (1) as provided in subdivision 3;
new text end

new text begin (2) if the minnow retailer is licensed as a resort under section 157.16, is transporting
minnows purchased from a minnow dealer's place of business directly to the resort, possesses
a detailed receipt, including the date and time of purchase, and presents the receipt and
minnows for inspection upon request; or
new text end

new text begin (3) new text end if minnows are being transported by common carrier and information is provided
that allows the commissioner to find out the location of the shipment in the state.

Sec. 52.

Minnesota Statutes 2016, section 97C.515, subdivision 2, is amended to read:

Subd. 2.

Permit for deleted text begin transportation deleted text end new text begin importation new text end .

(a) A person may deleted text begin transport deleted text end new text begin import new text end
live minnows deleted text begin through deleted text end new text begin into new text end the state with a permit from the commissioner. deleted text begin The permit must
state the name and address of the person, the number and species of minnows, the point of
entry into the state, the destination, and the route through the state. The permit is not valid
for more than 12 hours after it is issued. deleted text end new text begin A person must not import minnows into the state
except as provided in this section.
new text end

deleted text begin (b) Minnows transported under this subdivision must be in a tagged container. The tag
number must correspond with tag numbers listed on the minnow transportation permit.
deleted text end

deleted text begin (c) The commissioner may require the person transporting minnow species found on
the official list of viral hemorrhagic septicemia susceptible species published by the United
States Department of Agriculture, Animal and Plant Health Inspection Services, to provide
health certification for viral hemorrhagic septicemia. The certification must disclose any
incidentally isolated replicating viruses, and must be dated within the 12 months preceding
transport.
deleted text end

new text begin (b) Minnows must be certified as healthy according to standards of the World
Organization for Animal Health or the Fish Health Section Blue Book of the American
Fisheries Society.
new text end

new text begin (c) Minnows must be certified free of viral hemorrhagic septicemia, infectious
hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp virus, fathead
minnow nidovirus, and Heterosporis within the past 12 months.
new text end

new text begin (d) Minnows must originate from a biosecure facility that has tested negative for invasive
species in the past 12 months.
new text end

new text begin (e) Only a person that holds a minnow dealer's license issued under section 97C.501,
subdivision 2, may obtain a permit to import minnows.
new text end

new text begin (f) The following information must be available to the commissioner upon request for
each load of imported minnows:
new text end

new text begin (1) the date minnows were imported;
new text end

new text begin (2) the number of pounds or gallons imported;
new text end

new text begin (3) the facility name from which the minnows originated; and
new text end

new text begin (4) a fish health certificate for the minnows.
new text end

new text begin (g) Minnows may be imported to feed hatchery fish if the requirements in paragraphs
(a) to (f) are met.
new text end

Sec. 53.

Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Harvesting mussel shells. new text end

new text begin Live mussels may not be harvested. A person
possessing a valid resident or nonresident angling license or a person not required to have
an angling license to take fish may take and possess at any time, for personal use only, not
more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may
be harvested in waters of the state where fish may be taken by angling. Mussel shells must
be harvested by hand-picking only and may not be purchased or sold.
new text end

Sec. 54.

new text begin [103A.213] PROGRESS FOR IMPROVING WATER QUALITY.
new text end

new text begin Subdivision 1. new text end

new text begin Water quality; improvement goal. new text end

new text begin It is the goal of the state to accelerate
the pace of progress for improving water-quality protection and restoration to reach a goal
of 25 percent improvement in water quality by 2025. Progress must be reviewed by and
based on measures reported by the cooperating agencies listed under subdivision 2 or as
described in local water management plans approved and adopted under chapter 103B.
new text end

new text begin Subd. 2. new text end

new text begin Cooperating agencies and input process. new text end

new text begin The Departments of Agriculture,
Health, and Natural Resources, the Pollution Control Agency, the Board of Water and Soil
Resources, the Metropolitan Council, the Public Facilities Authority, and the Environmental
Quality Board must jointly conduct a broad public and stakeholder engagement process
across the state seeking input on how to achieve the goal under subdivision 1. The process
must consider, but is not limited to, water safety and quality parameters such as chloride,
infectious agents, phosphorus, sediment, nitrates, lead, and other factors that can contribute
to biological and human health risks. The Clean Water Council and local government
representatives must be consulted before the public and stakeholder input process begins.
The initial public and stakeholder input process must be completed by November 15, 2017.
new text end

new text begin Subd. 3. new text end

new text begin Scope of public and stakeholder input. new text end

new text begin The public and stakeholder input
process must include, but is not limited to, obtaining input on:
new text end

new text begin (1) what additional data or analyses are needed and how the data or analyses can be used
to accomplish and measure progress toward the goal;
new text end

new text begin (2) mechanisms to provide assurance, accountability, and cost-benefit measures for
accomplishing progress toward the goal;
new text end

new text begin (3) what changes to the Clean Water Legacy Act or other state statutes or agency
programs would be helpful to accelerate and sustain progress toward the goal;
new text end

new text begin (4) what local government programs or authorities could be added or modified to
accelerate and sustain progress toward the goal;
new text end

new text begin (5) options to prioritize, sequence, and locate multiple-benefit practices, projects, and
infrastructure needed to accelerate and sustain progress toward the goal;
new text end

new text begin (6) options to leverage nonstate funding for practices, projects, and infrastructure needed
to accelerate and sustain progress toward the goal;
new text end

new text begin (7) how technology and private sector roles or investments could be used to accelerate
and sustain progress toward the goal;
new text end

new text begin (8) how to accomplish personal, community, ecological, and economic health objectives
and goals as part of accelerating and sustaining progress toward the water quality
improvement goal; and
new text end

new text begin (9) information deemed relevant and useful according to the objectives outlined in
sections 103A.212, 103H.001, and 114D.10 and other related information deemed relevant
and useful by the Departments of Agriculture, Health, and Natural Resources, the Pollution
Control Agency, the Board of Water and Soil Resources, the Metropolitan Council, the
Public Facilities Authority, and the Environmental Quality Board.
new text end

new text begin Subd. 4. new text end

new text begin Report and recommendations. new text end

new text begin By December 15, 2017, the cooperating
agencies must jointly submit a report to the governor and the Legislative Water Commission
on the results of the public input process. The report must include any policy and budget
recommendations based on the input received.
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. 55.

Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Constructed management facilities for storm water. new text end

new text begin "Constructed
management facilities for storm water" means ponds, basins, holding tanks, cisterns,
infiltration trenches and swales, or other best management practices that have been designed,
constructed, and operated to store or treat storm water in accordance with local, state, or
federal requirements.
new text end

Sec. 56.

Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read:

Subd. 10b.

Greater than 80 percent area.

"Greater than 80 percent area" means a
county deleted text begin or deleted text end new text begin , new text end watershed new text begin , or, for purposes of wetland replacement, bank service area new text end where 80
percent or more of the presettlement wetland acreage is intact and:

(1) ten percent or more of the current total land area is wetland; or

(2) 50 percent or more of the current total land area is state or federal land.

Sec. 57.

Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read:

Subd. 10h.

Less than 50 percent area.

"Less than 50 percent area" means a county deleted text begin or deleted text end new text begin , new text end
watershed new text begin , or, for purposes of wetland replacement, bank service area new text end with less than 50
percent of the presettlement wetland acreage intact or any county deleted text begin or deleted text end new text begin , new text end watershed new text begin , or bank
service area new text end not defined as a "greater than 80 percent area" or "50 to 80 percent area."

Sec. 58.

Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Wetlands must not be drained or filled, wholly or
partially, unless replaced by actions that provide at least equal public value under a
replacement plan approved as provided in section 103G.2242, a replacement plan under a
local governmental unit's comprehensive wetland protection and management plan approved
by the board under section 103G.2243, or, if a permit to mine is required under section
93.481, under a mining reclamation plan approved by the commissioner under the permit
to mine. new text begin Project-specific wetland replacement plans submitted as part of a project for which
a permit to mine is required and approved by the commissioner on or after July 1, 1991,
may include surplus wetland credits to be allocated by the commissioner to offset future
mining-related wetland impacts under any permits to mine held by the permittee, the operator,
the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an
assignment under section 93.481, subdivision 5. new text end For project-specific wetland replacement
completed prior to wetland impacts authorized or conducted under a permit to mine within
the Great Lakes and Rainy River watershed basins, those basins shall be considered a single
watershed for purposes of determining wetland replacement ratios. Mining reclamation
plans shall apply the same principles and standards for replacing wetlands that are applicable
to mitigation plans approved as provided in section 103G.2242. Public value must be
determined in accordance with section 103B.3355 or a comprehensive wetland protection
and management plan established under section 103G.2243. Sections 103G.221 to 103G.2372
also apply to excavation in permanently and semipermanently flooded areas of types 3, 4,
and 5 wetlands.

(b) Replacement must be guided by the following principles in descending order of
priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
environment;

(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;

(5) compensating for the impact by restoring a wetland; and

(6) compensating for the impact by replacing or providing substitute wetland resources
or environments.

For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be accomplished
through restoration only without regard to the priority order in paragraph (b), provided that
the altered wetland is not converted to a nonagricultural use for at least ten years.

(d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241,
subdivision 2, paragraph (b) or (e), the local government unit may require a deed restriction
that prohibits nonagricultural use for at least ten years. The local government unit may
require the deed restriction if it determines the wetland area drained is at risk of conversion
to a nonagricultural use within ten years based on the zoning classification, proximity to a
municipality or full service road, or other criteria as determined by the local government
unit.

(e) Restoration and replacement of wetlands must be accomplished in accordance with
the ecology of the landscape area affected and ponds that are created primarily to fulfill
storm water management, and water quality treatment requirements may not be used to
satisfy replacement requirements under this chapter unless the design includes pretreatment
of runoff and the pond is functioning as a wetland.

(f) Except as provided in paragraph (g), for a wetland or public waters wetland located
on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland
for each acre of drained or filled wetland.

(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for
each acre of drained or filled wetland.

(h) Wetlands that are restored or created as a result of an approved replacement plan are
subject to the provisions of this section for any subsequent drainage or filling.

(i) Except in a greater than 80 percent area, only wetlands that have been restored from
previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used for wetland replacement according to rules adopted under section
103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring
wetlands from one type to another are not eligible for wetland replacement.

(j) The Technical Evaluation Panel established under section 103G.2242, subdivision
2, shall ensure that sufficient time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall postpone
its recommendation until the wetland has stabilized.

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply
to the state and its departments and agencies.

(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity, public
transportation authorities may purchase credits from the board at the cost to the board to
establish credits. Proceeds from the sale of credits provided under this paragraph are
appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.

(m) A replacement plan for wetlands is not required for individual projects that result
in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or
replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:

(1) minimize the amount of wetland filling or draining associated with the project and
consider mitigating important site-specific wetland functions on site;

(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively, convene
an annual meeting of the parties required to receive notice to review projects to be
commenced during the upcoming year; and

(3) for minor and emergency maintenance work impacting less than 10,000 square feet,
submit project-specific reports, within 30 days of commencing the activity, to the board
that indicate the location, amount, and type of wetlands that have been filled or drained.

Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public transportation
authority to the board according to the provisions of section 103G.2242, subdivision 9. The
Technical Evaluation Panel shall review minimization and delineation decisions made by
the public transportation authority and provide recommendations regarding on-site mitigation
if requested to do so by the local government unit, a contiguous landowner, or a member
of the Technical Evaluation Panel.

Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.

Public transportation authorities at their discretion may deviate from federal and state
design standards on existing road projects when practical and reasonable to avoid wetland
filling or draining, provided that public safety is not unreasonably compromised. The local
road authority and its officers and employees are exempt from liability for any tort claim
for injury to persons or property arising from travel on the highway and related to the
deviation from the design standards for construction or reconstruction under this paragraph.
This paragraph does not preclude an action for damages arising from negligence in
construction or maintenance on a highway.

(n) If a landowner seeks approval of a replacement plan after the proposed project has
already affected the wetland, the local government unit may require the landowner to replace
the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.

(o) A local government unit may request the board to reclassify a county or watershed
on the basis of its percentage of presettlement wetlands remaining. After receipt of
satisfactory documentation from the local government, the board shall change the
classification of a county or watershed. If requested by the local government unit, the board
must assist in developing the documentation. Within 30 days of its action to approve a
change of wetland classifications, the board shall publish a notice of the change in the
Environmental Quality Board Monitor.

(p) One hundred citizens who reside within the jurisdiction of the local government unit
may request the local government unit to reclassify a county or watershed on the basis of
its percentage of presettlement wetlands remaining. In support of their petition, the citizens
shall provide satisfactory documentation to the local government unit. The local government
unit shall consider the petition and forward the request to the board under paragraph (o) or
provide a reason why the petition is denied.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 1991.
new text end

Sec. 59.

Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read:

Subd. 3.

Wetland replacement siting.

(a) deleted text begin Impacted wetlands in a 50 to deleted text end new text begin Wetland
replacement occurring outside of a greater than new text end 80 percent area must new text begin not new text end be replaced in a
deleted text begin 50 to deleted text end new text begin greater than new text end 80 percent area deleted text begin or in a less than 50 percent area deleted text end . deleted text begin Impacted wetlands in a
less than 50 percent area must be replaced in a less than 50 percent area. deleted text end All wetland
replacement must follow this priority order:

(1) deleted text begin on site or deleted text end in the same minor watershed as the impacted wetland;

(2) in the same watershed as the impacted wetland;

(3) in the same deleted text begin county or deleted text end wetland bank service area as the impacted wetland; and

(4) in another wetland bank service area.

(b) Notwithstanding paragraph (a), wetland banking credits approved according to a
complete wetland banking application submitted to a local government unit by April 1,
1996, may be used to replace wetland impacts resulting from public transportation projects
statewide.

(c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement
by wetland banking begins at paragraph (a), clause (3), according to rules adopted under
section 103G.2242, subdivision 1.

(d) When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant may
seek opportunities at the next level.

(e) For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:

(1) take advantage of naturally occurring hydrogeomorphological conditions and require
minimal landscape alteration;

(2) have a high likelihood of becoming a functional wetland that will continue in
perpetuity;

(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and

(4) are available and capable of being done after taking into consideration cost, existing
technology, and logistics consistent with overall project purposes.

(f) Regulatory agencies, local government units, and other entities involved in wetland
restoration shall collaborate to identify potential replacement opportunities within their
jurisdictional areas.

(g) The board must establish wetland replacement ratios and wetland bank service area
priorities to implement the siting and targeting of wetland replacement and encourage the
use of high priority areas for wetland replacement.

Sec. 60.

Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read:

Subd. 2.

Evaluation.

(a) Questions concerning the public value, location, size, or type
of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an
on-site inspection. The Technical Evaluation Panel shall be composed of a technical
professional employee of the board, a technical professional employee of the local soil and
water conservation district or districts, a technical professional with expertise in water
resources management appointed by the local government unit, and a technical professional
employee of the Department of Natural Resources for projects affecting public waters or
wetlands adjacent to public waters. new text begin Members of the Technical Evaluation Panel who have
an ownership interest in a wetland bank shall disclose in writing all of the member's
ownership interests in wetland banks to the local government unit. new text end The panel shall use the
"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987),
including updates, supplementary guidance, and replacements, if any, "Wetlands of the
United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), and
"Classification of Wetlands and Deepwater Habitats of the United States" (1979 edition).
The panel shall provide the wetland determination and recommendations on other technical
matters to the local government unit that must approve a replacement plan, sequencing,
exemption determination, no-loss determination, or wetland boundary or type determination
and may recommend approval or denial of the plan. The authority must consider and include
the decision of the Technical Evaluation Panel in their approval or denial of a plan or
determination.

(b) Persons conducting wetland or public waters boundary delineations or type
determinations are exempt from the requirements of chapter 326. The board may develop
a professional wetland delineator certification program.

(c) The board must establish an interagency team to assist in identifying and evaluating
potential wetland replacement sites. The team must consist of members of the Technical
Evaluation Panel and representatives from the Department of Natural Resources; the Pollution
Control Agency; the United States Army Corps of Engineers, St. Paul district; and other
organizations as determined by the board.

Sec. 61.

Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read:

Subdivision 1.

Permit required.

(a) Except as provided in paragraph (b), the state, a
person, partnership, or association, private or public corporation, county, municipality, or
other political subdivision of the state may not appropriate or use waters of the state without
a water-use permit from the commissioner.

(b) This section does not apply to use for a water supply by less than 25 persons for
domestic purposes, except as required by the commissioner under section 103G.287,
subdivision 4, paragraph (b).

(c) The commissioner may issue a state general permit for appropriation of water to a
governmental subdivision or to the general public. The general permit may authorize more
than one project and the appropriation or use of more than one source of water. Water-use
permit processing fees and reports required under subdivision 6 and section 103G.281,
subdivision 3, are required for each project or water source that is included under a general
permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.

new text begin (d) This section does not apply to appropriation or use of storm water collected and used
to reduce storm-water runoff volume, treat storm water, or sustain groundwater supplies
when water is extracted from constructed management facilities for storm water.
new text end

Sec. 62.

Minnesota Statutes 2016, section 103G.411, is amended to read:

103G.411 STIPULATION OF LOW-WATER MARK.

If the state is a party in a civil action relating to the navigability or ownership of the bed
of a body of water, river, or stream, the commissioner, in behalf of the state, deleted text begin with the approval
of the attorney general, deleted text end may agree by written stipulation with a riparian owner who is a
party to the action on the location of the ordinary low-water mark on the riparian land of
the party. After the stipulation is executed by all parties, it must be presented to the judge
of the district court where the action is pending for approval. If the stipulation is approved,
the judge shall make and enter an order providing that the final judgment when entered shall
conform to the location of the ordinary, low-water mark as provided for in the stipulation
as it relates to the parties to the stipulation.

Sec. 63.

Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read:

Subdivision 1.

General rule.

Except as provided in subdivisions 2 to deleted text begin 4 deleted text end new text begin 5 new text end , a person is
responsible for a release from a tank if the person is an owner or operator of the tank at any
time during or after the release.

Sec. 64.

Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Heating fuel oil vendor. new text end

new text begin A heating oil vendor is not a responsible person for
a heating fuel oil release at a residential location if the release was caused solely by the
failure of a tank owned by the homeowner.
new text end

Sec. 65.

Minnesota Statutes 2016, section 116.0714, is amended to read:

116.0714 NEW OPEN AIR SWINE BASINS.

The commissioner of the Pollution Control Agency or a county board shall not approve
any permits for the construction of new open air swine basins, except that existing facilities
may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment
program for resolving pollution problems or to allow conversion of an existing basin of less
than 1,000,000 gallons to a different animal type, provided all standards are met. This section
expires June 30, deleted text begin 2017 deleted text end new text begin 2022 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. 66.

Minnesota Statutes 2016, section 160.06, is amended to read:

160.06 TRAIL OR PORTAGE DEDICATION.

Any trail or portage between public or navigable bodies of water or from public or
navigable water to a public highway in this state deleted text begin which deleted text end new text begin that new text end has been in continued and
uninterrupted use by the general public for 15 years or more as a trail or portage for the
purposes of travel, deleted text begin shall be deleted text end new text begin is new text end deemed to have been dedicated to the public as a trail or
portage. This section deleted text begin shall apply deleted text end new text begin applies new text end only to forest trails on established deleted text begin state water trails deleted text end new text begin
canoe routes new text end and the public deleted text begin shall have deleted text end new text begin has new text end the right to use the same for deleted text begin the purposes of deleted text end travel
to the same extent as public highways. The width of all trails and portages dedicated by
user deleted text begin shall be deleted text end new text begin is new text end eight feet on each side of the centerline of the trail or portage.

Sec. 67.

Laws 2013, chapter 114, article 4, section 105, is amended to read:

Sec. 105. RULES; SILICA SAND.

deleted text begin (a) The commissioner of the Pollution Control Agency shall adopt rules pertaining to
the control of particulate emissions from silica sand projects. The rulemaking is exempt
from Minnesota Statutes, section 14.125.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end The commissioner of natural resources shall adopt rules pertaining to the
reclamation of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section
14.125.

deleted text begin (c) deleted text end new text begin (b) new text end By January 1, 2014, the Department of Health shall adopt an air quality
health-based value for silica sand.

deleted text begin (d) deleted text end new text begin (c) new text end The Environmental Quality Board shall amend its rules for environmental review,
adopted under Minnesota Statutes, chapter 116D, for silica sand mining and processing to
take into account the increased activity in the state and concerns over the size of specific
operations. The Environmental Quality Board shall consider whether the requirements of
Minnesota Statutes, section 116C.991, should remain part of the environmental review
requirements for silica sand and whether the requirements should be different for different
geographic areas of the state. The rulemaking is exempt from Minnesota Statutes, section
14.125.

new text begin EFFECTIVE DATE. new text end

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

Sec. 68. new text begin CANCELLATION OF PERMITS.
new text end

new text begin Water-use permits issued before July 1, 2017, for water use exempted under Minnesota
Statutes, section 103G.271, subdivision 1, paragraph (d), are canceled effective July 1, 2017.
new text end

Sec. 69. new text begin DEMOLITION DEBRIS LANDFILL PERMITTING.
new text end

new text begin A solid waste permit issued by the Pollution Control Agency to an existing class I
demolition debris landfill facility that is operating under the Pollution Control Agency
Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota
Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility
by the Pollution Control Agency after the effective date of this section.
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. 70. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5;
97C.515, subdivisions 4 and 5; 97C.701, subdivisions 1a and 6; 97C.705; and 97C.711, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500;
6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S0865-1

84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL RESOURCES SERVICES.

Subd. 3.

Procurement law.

All contractual and grant agreements under this section shall be processed according to section 16C.05.

97B.031 USE AND POSSESSION OF FIREARMS.

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 is under age 60, who obtains the required licenses, and who has a visual impairment. The scope may not have magnification capabilities.

(b) The visual impairment must be 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 established by medical evidence verified in writing by (1) a licensed physician or a certified nurse practitioner or certified physician assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist; or (3) a licensed optometrist. The commissioner may request additional information from the physician if needed to verify the applicant's eligibility for the permit.

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

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

(e) 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.

(f) 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, certified nurse practitioner, certified physician assistant, ophthalmologist, or optometrist who fraudulently certifies to the commissioner that a person is visually impaired as described in this subdivision is guilty of a misdemeanor.

(g) A permit is not required under this subdivision to use an electronic range finder according to section 97B.081, subdivision 3, paragraph (c).

97C.515 IMPORTED MINNOWS.

Subd. 4.

Private fish hatchery or aquatic farm.

Live minnows used for feeding fish at a licensed private fish hatchery or aquatic farm must be obtained within the state. Dead minnows may be imported for feeding hatchery or aquatic farm fish according to section 97C.341, paragraph (d).

Subd. 5.

Special permits.

(a) The commissioner may issue a special permit, without a fee, to allow a person with a private fish hatchery license, which private fish hatchery has been designated as a containment facility under section 17.4982, subdivision 8, to import live minnows from other states for export. A containment facility for the purposes of this section applies to live minnows imported for later export and does not need to comply with section 17.4982, subdivision 8, clause (4). The permit shall include conditions necessary to avoid spreading aquatic invasive species and fish pathogens. Permits shall not be issued to containment facilities located within a 25-year floodplain.

(b) An applicant for a permit under this subdivision shall submit to the commissioner sufficient information to identify potential threats to native plant and animal species and an evaluation of the feasibility of the proposal. The permit may include reasonable restrictions on importation, transportation, possession, containment, disease certification, and disposal of minnows to ensure that native species are protected. The permit may have a term of up to two years and may be modified, suspended, or revoked by the commissioner for cause, including violation of a condition of the permit.

(c) The premises, property, vehicles, private aquatic life, and equipment that are part of a containment facility permitted under this subdivision are subject to reasonable and necessary inspections at reasonable times by a fish health specialist delegated by the commissioner. The owner, operator, or designee may be present when inspections are conducted. During the inspection, a representative sample of imported minnows may be collected for the purpose of fish pathogen or invasive species screening.

(d) The commissioner may require the applicant to furnish evidence of financial responsibility at the time of application for a permit under this section, as prescribed by the commissioner.

97C.701 TAKING MUSSELS.

Subd. 1a.

Handpicking required.

A person may only harvest mussels by handpicking.

Subd. 6.

Possession, sale, and transportation.

Mussels and clams may be possessed, bought, sold, and transported in any quantity during the open season and seven days after the season closes.

97C.705 MUSSEL SEASONS.

Subdivision 1.

Open seasons.

(a) The open season for taking mussels is from May 16 to the last day of February.

(b) The commissioner may by rule restrict the open season for taking mussels for commercial purposes.

Subd. 2.

Closed areas.

The commissioner may close up to 50 percent of the mussel-producing waters of the state to the taking of mussels.

97C.711 UNDERSIZED MUSSELS.

A person must return undersized mussels to the water without injury.

Repealed Minnesota Rule: S0865-1

6258.0100 SEASON FOR HARVESTING MUSSEL SHELLS FOR PERSONAL USE.

Live mussels may not be harvested for personal use. During the open season, a person possessing a valid resident or nonresident angling license or a person exempt from licensing may take and possess at any time, for personal use only, not more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may be harvested in waters of the state where fish may be taken by angling. Mussel shells must be harvested by hand picking only and may not be purchased or sold.

6258.0200 SEASON TO COMMERCIALLY HARVEST MUSSELS BY PERMIT.

Subpart 1.

Open season for commercially harvesting mussels.

The open season for taking mussels is May 16 through August 31.

Subp. 2.

Allowed times for harvesting.

Mussels may be harvested from sunrise to sunset only.

6258.0300 COMMERCIAL PERMITS FOR MUSSELS.

Subpart 1.

Commercial permit required.

A person may not take, possess, buy, sell, or transport live freshwater mussels or more than 24 whole shells or 48 shell halves of dead freshwater mussels, or assist another person in such taking, without first obtaining a commercial mussel permit from the commissioner.

Subp. 2.

Commercial permit issuance.

Commercial mussel permits may be issued subject to the criteria in items A to C.

A.

Applications must be submitted to the local area or regional fisheries office on forms provided by the commissioner.

B.

Approved permits will be issued only to Minnesota residents who possess a valid Minnesota resident angling license or who are exempt from licensing.

C.

Application forms must be signed by the applicant. All requested information must be provided. Failure to properly and fully complete an application form will result in its rejection.

Subp. 3.

Commercial permit duration.

A commercial mussel permit may be issued annually and may be issued for periods shorter than one season, at the discretion of the commissioner.

Subp. 4.

Commercial permit termination to protect resource.

The commissioner may terminate a commercial mussel permit upon 48 hours' written notice to protect aquatic resources.

6258.0400 SPECIES FOR COMMERCIAL HARVEST.

Only three ridge (Amblema plicata) mussels may be harvested under a commercial mussel permit. Additional species may be requested for harvest from specific sites by special permit. Three ridge mussels may lawfully be harvested, as live whole mussels or shell halves, provided that they cannot pass through a three-inch diameter hole.

6258.0500 HARVEST SITES FOR PERMITTEES.

Subpart 1.

Identification of mussel harvest sites.

Mussel harvest sites must be identified in the application and permit by legal description or in other defining terms as needed to accurately locate the area.

Subp. 2.

Harvesting restricted outside of permitted site.

The taking of mussels by a permittee from a place outside the permitted harvest site is prohibited.

Subp. 3.

Harvesting prohibited on certain border waters.

Mussel harvesting is not permitted on the Minnesota-Wisconsin border waters described in part 6266.0500, subpart 1.

6258.0600 HARVEST GEAR FOR PERMITTEES.

Mussels may be taken only by hand picking with or without aid of breathing apparatus.

6258.0700 PERMITTEE HARVEST OPERATIONS.

Subpart 1.

Notice of harvest operations.

To ensure compliance with permit conditions, the commissioner may require the permittee to inform the local area fisheries office and conservation officer 24 hours in advance of any intended mussel harvest operations. Changes in location or dates may require an additional notification.

6258.0700 PERMITTEE HARVEST OPERATIONS.

Subp. 4.

Return of undersized mussels or shells.

Undersized three ridge mussels or unlawful mussel shells, live or dead, must be returned immediately to the water at the site where taken.

6258.0700 PERMITTEE HARVEST OPERATIONS.

Subp. 5.

Restriction on harvesting mussels near dams.

Harvesting of mussels may not occur within 1,000 feet downstream of a dam.

6258.0800 PERMITTEE REPORTS, RECORDS, AND INSPECTIONS.

Subpart 1.

Required records.

A permittee must keep records of each mussel sales transaction. The records must be verifiable with supporting sales slips and include:

A.

pounds of mussels sold;

B.

name and address of the buyer; and

C.

date of transaction.

Records must be kept current within 48 hours of each transaction. Failure to keep complete and current records may result in immediate revocation of the permit and may render the permittee ineligible for permits for one year. All records must be maintained and available for inspection, at the permittee's address, for three years.

Subp. 2.

Required reports.

A permittee must submit reports monthly while the permit is valid on forms provided by the commissioner. Reports for the previous month must be submitted by the permittee to the address identified on the form so that they are received by the department by the 15th of each month even if no harvest activity took place. All information requested on the report must be provided. Failure to submit required reports may result in revocation of the existing permit and may render the permittee ineligible for permits for one year.

Subp. 3.

Inspections.

Records required in this part, business and operation premises, and boats, vehicles, and gear used in the mussel harvesting operations may be inspected at all reasonable times by the commissioner.

6258.0900 SPECIAL RESTRICTIONS ON TAKING MUSSELS.

Subpart 1.

Restriction on returning processed mussels to the water.

Meats resulting from the processing of live whole mussels may not be returned to the water or deposited on a shoreline or adjacent land. The meat of mussels lawfully obtained may be used as bait for angling purposes.

Subp. 2.

Restriction on harvest of certain species of mussels.

The Higgins' eye (Lampsilis higginsi), elephant ear (Elliptio crassidens), ebony shell (Fusconaia ebena), winged mapleleaf (Quadrula fragosa), fat pocketbook (Proptera capax) mussels, or any mussel listed as endangered or threatened in this state may not be harvested or intentionally disturbed. If these species are located within the harvest site, all harvest operations must immediately stop and the permittee or personal use harvester must notify the area fisheries office within 24 hours.

Subp. 3.

Transfer of mussels prohibited.

Live mussels may not be transferred within or between bodies of water, except under permit issued by the commissioner.