SF 887

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying game and 
  1.3             migratory waterfowl refuge provisions; providing for 
  1.4             suspension of game and fish license and permit 
  1.5             privileges under certain circumstances; modifying 
  1.6             certain game license provisions; modifying certain 
  1.7             fish possession restrictions; modifying shooting hours 
  1.8             for migratory game birds; requiring a report; 
  1.9             providing a licensing exemption to supply turtles for 
  1.10            nonprofit turtle racing; requiring public education 
  1.11            efforts regarding lead fishing tackle; authorizing 
  1.12            grants; authorizing a hunting season for mourning 
  1.13            doves; requiring a report on the impact of the 
  1.14            mourning dove season; amending Minnesota Statutes 
  1.15            2002, sections 97A.015, subdivision 24; 97A.085, 
  1.16            subdivisions 2, 3, 4; 97A.095, subdivisions 1, 2, 4; 
  1.17            97A.420, subdivision 4; 97A.421, by adding a 
  1.18            subdivision; 97A.435, subdivision 4; 97B.075; 97B.301, 
  1.19            subdivision 7; 97B.721; 97B.901; 97C.605, subdivision 
  1.20            2c; repealing Minnesota Statutes 2002, section 
  1.21            97B.731, subdivision 2. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 2002, section 97A.015, 
  1.24  subdivision 24, is amended to read: 
  1.25     Subd. 24.  [GAME BIRDS.] "Game birds" means migratory 
  1.26  waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada 
  1.27  spruce grouse, prairie chickens, gray partridge, bob-white 
  1.28  quail, turkeys, coots, gallinules, sora and Virginia 
  1.29  rails, mourning dove, American woodcock, and common snipe. 
  1.30     Sec. 2.  Minnesota Statutes 2002, section 97A.085, 
  1.31  subdivision 2, is amended to read: 
  1.32     Subd. 2.  [ESTABLISHMENT BY COMMISSIONER.] The commissioner 
  1.33  may designate a contiguous area of at least 640 acres as a game 
  2.1   refuge if more than 50 percent of the area is in public 
  2.2   ownership.  The game refuge must be a contiguous area of at 
  2.3   least 640 acres unless it borders or includes a marsh, or other 
  2.4   body of water or watercourse suitable for wildlife habitat. 
  2.5      Sec. 3.  Minnesota Statutes 2002, section 97A.085, 
  2.6   subdivision 3, is amended to read: 
  2.7      Subd. 3.  [ESTABLISHMENT BY PETITION OF LAND HOLDERS.] The 
  2.8   commissioner may designate a land area or portion of a land area 
  2.9   described in a petition as a game refuge.  The petition must be 
  2.10  signed by the owner, the lessee, or the person in possession of 
  2.11  each tract in the area.  A certificate of the auditor of the 
  2.12  county where the lands are located must accompany the petition 
  2.13  stating that the persons named in the petition are the owners, 
  2.14  lessees, or persons in possession of all of the land described 
  2.15  according to the county records.  The game refuge must be a 
  2.16  contiguous area of at least 640 acres unless it borders or 
  2.17  includes a marsh, or other body of water or watercourse suitable 
  2.18  for wildlife habitat. 
  2.19     Sec. 4.  Minnesota Statutes 2002, section 97A.085, 
  2.20  subdivision 4, is amended to read: 
  2.21     Subd. 4.  [ESTABLISHMENT BY PETITION OF COUNTY RESIDENTS.] 
  2.22  The commissioner may designate as a game refuge public waters or 
  2.23  a contiguous area of at least 640 acres, described in a 
  2.24  petition, signed by 50 or more residents of the county where the 
  2.25  public waters or area is located.  The game refuge must be a 
  2.26  contiguous area of at least 640 acres unless it borders or 
  2.27  includes a marsh, or other body of water or watercourse suitable 
  2.28  for wildlife habitat.  The game refuge may be designated only if 
  2.29  the commissioner finds that protected wild animals are depleted 
  2.30  and are in danger of extermination, or that it will best serve 
  2.31  the public interest.  
  2.32     Sec. 5.  Minnesota Statutes 2002, section 97A.095, 
  2.33  subdivision 1, is amended to read: 
  2.34     Subdivision 1.  [MIGRATORY WATERFOWL REFUGES SANCTUARY.] 
  2.35  The commissioner shall may designate by rule any part of a state 
  2.36  game refuge or any part of a public water that is designated for 
  3.1   management purposes under section 97A.101, subdivision 2, as a 
  3.2   migratory waterfowl refuge sanctuary if there is presented to 
  3.3   the commissioner a petition signed by ten resident licensed 
  3.4   hunters describing an area that is primarily a migratory 
  3.5   waterfowl refuge.  The commissioner shall post the area as a 
  3.6   migratory waterfowl refuge sanctuary.  A person may not enter a 
  3.7   posted migratory waterfowl refuge sanctuary during the open 
  3.8   migratory waterfowl season unless accompanied by or under a 
  3.9   permit issued by a conservation officer or game refuge wildlife 
  3.10  manager.  Upon a request from a private landowner within a 
  3.11  migratory waterfowl refuge sanctuary, an annual permit must be 
  3.12  issued to provide access to the property during the waterfowl 
  3.13  season.  The permit shall include conditions that allow no 
  3.14  activity which would disturb waterfowl using the refuge during 
  3.15  the waterfowl season. 
  3.16     Sec. 6.  Minnesota Statutes 2002, section 97A.095, 
  3.17  subdivision 2, is amended to read: 
  3.18     Subd. 2.  [WATERFOWL FEEDING AND RESTING AREAS.] The 
  3.19  commissioner may, by rule, designate any part of a lake as a 
  3.20  migratory feeding or and resting area.  Before designation, the 
  3.21  commissioner must receive a petition signed by at least ten 
  3.22  local resident licensed hunters describing the area of a lake 
  3.23  that is a substantial feeding or resting area for migratory 
  3.24  waterfowl, and find that the statements in the petition are 
  3.25  correct, and that adequate, free public access to the lake 
  3.26  exists near the designated area.  The commissioner shall post 
  3.27  the area as a migratory waterfowl feeding and resting area.  
  3.28  Except as authorized in rules adopted by the commissioner, a 
  3.29  person may not enter a posted migratory waterfowl feeding and 
  3.30  resting area, during a period when hunting of migratory 
  3.31  waterfowl is allowed, with watercraft or aircraft propelled by a 
  3.32  motor, other than an electric motor of less than 30 pounds 
  3.33  thrust.  The commissioner may, by rule, further restrict the use 
  3.34  of electric motors in migratory waterfowl feeding and resting 
  3.35  areas. 
  3.36     Sec. 7.  Minnesota Statutes 2002, section 97A.095, 
  4.1   subdivision 4, is amended to read: 
  4.2      Subd. 4.  [SWAN LAKE MIGRATORY WATERFOWL REFUGE SANCTUARY.] 
  4.3   The land described in Laws 1999, chapter 81, section 2, is 
  4.4   designated Swan Lake migratory waterfowl refuge sanctuary under 
  4.5   subdivision 1. 
  4.6      Sec. 8.  Minnesota Statutes 2002, section 97A.420, 
  4.7   subdivision 4, is amended to read: 
  4.8      Subd. 4.  [HEARING.] (a) A hearing under subdivision 3 must 
  4.9   be before a district court judge in the county where the 
  4.10  incident occurred giving rise to the license seizure.  The 
  4.11  hearing must be to the court and may be conducted at the same 
  4.12  time as hearings upon pretrial motions in a related criminal 
  4.13  prosecution.  The commissioner must be represented by the county 
  4.14  attorney. 
  4.15     (b) The hearing must be held at the earliest practicable 
  4.16  date and in any event no later than 60 days following the filing 
  4.17  of the petition for review. 
  4.18     (c) The scope of the hearing must be limited to the issue 
  4.19  of whether there is probable cause to believe that the person 
  4.20  violated section 97A.338 had unlawfully taken, possessed, or 
  4.21  transported wild animals with a restitution value over $500. 
  4.22     (d) The court shall order that the license seizure be 
  4.23  either sustained or rescinded.  Within 14 days following the 
  4.24  hearing, the court shall forward a copy of the order to the 
  4.25  commissioner. 
  4.26     (e) Any party aggrieved by the decision of the reviewing 
  4.27  court may appeal the decision as provided in the Rules of Civil 
  4.28  Appellate Procedure. 
  4.29     Sec. 9.  Minnesota Statutes 2002, section 97A.421, is 
  4.30  amended by adding a subdivision to read: 
  4.31     Subd. 4a.  [SUSPENSION FOR FAILURE TO APPEAR IN COURT OR TO 
  4.32  PAY A FINE OR SURCHARGE.] When a court reports to the 
  4.33  commissioner that a person (1) has failed to appear in court 
  4.34  under the summons issued to them for a violation of the game and 
  4.35  fish laws or (2) has been convicted of violating a provision of 
  4.36  the game and fish laws, has been sentenced to the payment of a 
  5.1   fine or had a surcharge levied against them, and refused or 
  5.2   failed to comply with that sentence or to pay the fine or 
  5.3   surcharge, the commissioner shall suspend the game and fish 
  5.4   license and permit privileges of the person until notified by 
  5.5   the court that the person has appeared in court under clause (1) 
  5.6   or that any fine or surcharge due the court has been paid under 
  5.7   clause (2). 
  5.8      Sec. 10.  Minnesota Statutes 2002, section 97A.435, 
  5.9   subdivision 4, is amended to read: 
  5.10     Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  5.11  The commissioner may conduct a separate selection for up to 20 
  5.12  percent of the turkey licenses to be issued for any area.  Only 
  5.13  persons who are owners or tenants of and who live on at least 40 
  5.14  acres of agricultural or grazing land in the area, and their 
  5.15  family members, are eligible applicants for turkey licenses for 
  5.16  the separate selection.  The qualifying agricultural or grazing 
  5.17  land may be noncontiguous.  Persons who are unsuccessful in a 
  5.18  separate selection must be included in the selection for the 
  5.19  remaining licenses.  Persons who obtain a license in a separate 
  5.20  selection must allow public turkey hunting on their land during 
  5.21  that turkey season.  A license issued under this subdivision is 
  5.22  restricted to the land owned or leased by the holder of the 
  5.23  license within the permit area where the qualifying land is 
  5.24  located. 
  5.25     (b) The commissioner may by rule establish criteria for 
  5.26  determining eligible family members under this subdivision. 
  5.27     Sec. 11.  Minnesota Statutes 2002, section 97B.075, is 
  5.28  amended to read: 
  5.29     97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 
  5.30     (a) A person may not take protected wild animals, except 
  5.31  raccoon and fox, with a firearm between the evening and morning 
  5.32  times established by commissioner's rule, except as provided in 
  5.33  this section. 
  5.34     (b) Big game may be taken from one-half hour before sunrise 
  5.35  until one-half hour after sunset, and,. 
  5.36     (c) Except as otherwise prescribed by the commissioner 
  6.1   during the first eight days of the season before the Saturday 
  6.2   nearest October 8, until January 1, 2001, waterfowl may be taken 
  6.3   from one-half hour before sunrise until sunset during the entire 
  6.4   season prescribed by the commissioner.  On the opening day of 
  6.5   the duck season, shooting hours for migratory game birds, except 
  6.6   woodcock, begin at 9:00 a.m.  
  6.7      Sec. 12.  Minnesota Statutes 2002, section 97B.301, 
  6.8   subdivision 7, is amended to read: 
  6.9      Subd. 7.  [ALL SEASON DEER LICENSE.] (a) A resident may 
  6.10  obtain an all season deer license.  This license authorizes the 
  6.11  resident to take one buck by firearm or archery during any 
  6.12  season statewide.  In addition, a resident obtaining this 
  6.13  license may take one antlerless deer: 
  6.14     (1) by firearms in the regular firearms season if the 
  6.15  resident first obtains an antlerless deer permit; 
  6.16     (2) by archery in the archery season; or 
  6.17     (3) by muzzleloader in the muzzleloader season. 
  6.18     (b) A person obtaining an all season deer license does not 
  6.19  qualify for hunting under subdivision 3.  The commissioner shall 
  6.20  issue one tag for a buck and one tag for an antlerless deer when 
  6.21  issuing a license under this subdivision. 
  6.22     Sec. 13.  Minnesota Statutes 2002, section 97B.721, is 
  6.23  amended to read: 
  6.24     97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 
  6.25  TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.] 
  6.26     (a) Except as provided in paragraph (b) or section 97A.405, 
  6.27  subdivision 2, a person may not take a turkey without possessing 
  6.28  a turkey license and a turkey stamp validation.  
  6.29     (b) The requirement in paragraph (a) to have a turkey stamp 
  6.30  validation does not apply to persons under age 18.  An 
  6.31  unlicensed adult age 18 or older may assist a licensed wild 
  6.32  turkey hunter under the age of 16.  The unlicensed adult may not 
  6.33  shoot or possess a firearm or bow while assisting a youth under 
  6.34  this paragraph. 
  6.35     (c) The commissioner may by rule prescribe requirements for 
  6.36  the tagging and registration of turkeys. 
  7.1      Sec. 14.  Minnesota Statutes 2002, section 97B.901, is 
  7.2   amended to read: 
  7.3      97B.901 [REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.] 
  7.4      (a) The commissioner may, by rule, require persons taking, 
  7.5   possessing, and transporting fur-bearing animals to tag the 
  7.6   animals.  The commissioner shall prescribe the manner of 
  7.7   issuance and the type of tag, which must show the year of 
  7.8   issuance.  The commissioner shall issue the tag, without a fee, 
  7.9   upon request. 
  7.10     (b) The pelt of each bobcat, fisher, pine marten, and otter 
  7.11  must be presented, by the person taking it, to a state wildlife 
  7.12  manager designee for registration before the pelt is sold and 
  7.13  before the pelt is transported out of the state, but in no event 
  7.14  more than 48 hours after the season closes for the species.  
  7.15  Until March 1, 2003 2005, a possession or site tag is not 
  7.16  required prior to registration of the fisher, pine marten, or 
  7.17  otter. 
  7.18     Sec. 15.  Minnesota Statutes 2002, section 97C.605, 
  7.19  subdivision 2c, is amended to read: 
  7.20     Subd. 2c.  [LICENSE EXEMPTIONS.] (a) A person does not need 
  7.21  a turtle seller's license or an angling license: 
  7.22     (1) when buying turtles for resale at a retail outlet; 
  7.23     (2) when buying a turtle at a retail outlet; or 
  7.24     (3) if the person is a nonresident buying a turtle from a 
  7.25  licensed turtle seller for export out of state.  Shipping 
  7.26  documents provided by the turtle seller must accompany each 
  7.27  shipment exported out of state by a nonresident.  Shipping 
  7.28  documents must include:  name, address, city, state, and zip 
  7.29  code of the buyer; number of each species of turtle; and name 
  7.30  and license number of the turtle seller. 
  7.31     (b) A person does not need a turtle seller's license to 
  7.32  take turtles and possess up to 25 turtles at one time, and to 
  7.33  rent or sell the turtles for the purpose of providing the 
  7.34  turtles to the permitted sponsor of a nonprofit turtle race, if 
  7.35  the person is listed as a turtle collector on a permit issued to 
  7.36  the sponsor of the turtle race under section 97A.401, 
  8.1   subdivision 3.  No more than five collectors may be listed on 
  8.2   any one turtle-race permit. 
  8.3      Sec. 16.  [REPORT.] 
  8.4      By January 15, 2006, the commissioner shall report to the 
  8.5   chairs of the senate and house committees having jurisdiction 
  8.6   over natural resources policy, evaluating the impacts of the 
  8.7   change in shooting hours, including harvest success and the 
  8.8   effect on local waterfowl populations. 
  8.9      Sec. 17.  [REPORTS AND COOPERATIVE EFFORTS REGARDING LEAD 
  8.10  FISHING TACKLE.] 
  8.11     Subdivision 1.  [MULTIJURISDICTIONAL COOPERATION FOR LEAD 
  8.12  TACKLE RESTRICTIONS AND EDUCATION.] In order to promote 
  8.13  consistent, nationally applicable regulations and education, the 
  8.14  commissioner of natural resources may coordinate and participate 
  8.15  in efforts to promote national laws and educational programs 
  8.16  regarding lead fishing tackle.  The commissioner may participate 
  8.17  with other jurisdictions, including federal, state and 
  8.18  international governments, in activities under this subdivision, 
  8.19  including advocacy for uniform laws, educational efforts, and 
  8.20  the creation of incentives to use nonlead tackle.  The 
  8.21  commissioner may solicit and involve tackle manufacturers, 
  8.22  conservation organizations, and fishing associations in 
  8.23  cooperative efforts under this subdivision. 
  8.24     Subd. 2.  [LEAD TACKLE AWARENESS AND PUBLIC EDUCATION.] The 
  8.25  commissioner of natural resources and the director of the office 
  8.26  of environmental assistance shall provide public education 
  8.27  regarding concerns about lead fishing tackle and promote the 
  8.28  availability of nonlead fishing tackle. 
  8.29     Subd. 3.  [VOLUNTARY CONSERVATION OFFICER PARTICIPATION IN 
  8.30  LEAD TACKLE AWARENESS CAMPAIGN.] Conservation officers in the 
  8.31  department of natural resources may provide information to 
  8.32  anglers regarding lead tackle and may provide samples of 
  8.33  lead-free sinkers and jigs. 
  8.34     Subd. 4.  [REPORT ON HEALTH HAZARDS OF HOME MANUFACTURE OF 
  8.35  FISHING TACKLE.] The commissioners of health and pollution 
  8.36  control agency may provide a report to the legislative 
  9.1   committees with jurisdiction over environmental and health 
  9.2   policies regarding the health hazards associated with the home 
  9.3   manufacture of lead fishing tackle.  The report may make 
  9.4   recommendations to mitigate the concerns associated with any 
  9.5   identifiable health hazard discussed in the report. 
  9.6      Sec. 18.  [GRANTS.] 
  9.7      The director of the office of environmental assistance, in 
  9.8   consultation with the commissioner of natural resources, may 
  9.9   make grants under Minnesota Statutes, sections 115A.152 and 
  9.10  115D.04, to conservation organizations and angler associations 
  9.11  to assist in reducing the use of lead fishing tackle, including 
  9.12  grants for educational activities. 
  9.13     Sec. 19.  [REPORT.] 
  9.14     By March 1, 2004, the commissioner shall report to the 
  9.15  house and senate policy committees with jurisdiction over 
  9.16  natural resources on the results of the mourning dove season 
  9.17  authorized by this act.  The report must include a description 
  9.18  of the impact of the season on the mourning dove population in 
  9.19  the state. 
  9.20     Sec. 20.  [REPEALER.] 
  9.21     Minnesota Statutes 2002, section 97B.731, subdivision 2, is 
  9.22  repealed. 
  9.23     Sec. 21.  [EFFECTIVE DATE.] 
  9.24     Sections 1, 8, 14, 20, and 21 are effective the day 
  9.25  following final enactment.