as introduced - 79th Legislature, 1995 1st Special Session (1995 - 1995) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resouces; establishing hunting 1.3 heritage week; migratory waterfowl; providing 1.4 procedures for seizure and confiscation of property; 1.5 clarifying terms of short-term angling licenses; 1.6 removing certain requirements relating to fish taken 1.7 in Canada; modifying reporting requirements; modifying 1.8 hours for taking certain animals; modifying provisions 1.9 relating to trapping; providing for posting of waters 1.10 to prohibit fishing or motorboat operation; adjusting 1.11 opening and closing dates of various seasons for 1.12 taking fish; expanding the requirement to possess a 1.13 trout and salmon stamp; modifying northern pike length 1.14 limits; changing the date by which fish houses and 1.15 dark houses must be removed from the ice in certain 1.16 areas; authorizing the use of floating turtle traps; 1.17 removing time limits on sale of fish by commercial 1.18 licensees; requiring a plan for a firearms safety 1.19 program; authorizing certain stocking activities; 1.20 snowmobile licensing exemptions; fishing contest 1.21 regulation; ecologically harmful species; collector 1.22 snowmobiles; all-terrain vehicle weight; reciprocity 1.23 in game and fish violations; enforcement officer 1.24 powers; disabled hunter permits; information from 1.25 licensees; big game hunting hours; checking traps; 1.26 fish house identification; snowmobile transit permits; 1.27 amending Minnesota Statutes 1994, sections 18.317; 1.28 84.796; 84.81, by adding a subdivision; 84.82, 1.29 subdivision 6, and by adding a subdivision; 84.92, 1.30 subdivision 8; 84.968, subdivision 1; 84.9691; 1.31 84.9692, subdivisions 1, 2, and by adding a 1.32 subdivision; 86B.401, subdivision 11; 97A.015, 1.33 subdivisions 12, 28, and 52; 97A.045, by adding a 1.34 subdivision; 97A.205; 97A.221; 97A.401, subdivision 3; 1.35 97A.451, subdivision 3; 97A.475, subdivisions 6 and 7; 1.36 97A.531, by adding a subdivision; 97B.055, subdivision 1.37 3; 97B.061; 97B.075; 97B.731, subdivision 1; 97B.931; 1.38 97C.025; 97C.081, subdivision 3; 97C.305, subdivision 1.39 1; 97C.321, subdivision 2; 97C.345, subdivisions 1, 2, 1.40 and 3; 97C.355, subdivisions 2 and 7; 97C.371, 1.41 subdivision 4; 97C.395, subdivision 1; 97C.605, 1.42 subdivision 3; and 97C.821; Laws 1994, chapter 623, 1.43 article 1, section 45; proposing coding for new law in 1.44 Minnesota Statutes, chapters 10; 18; and 97A; 1.45 repealing Minnesota Statutes 1994, sections 97A.531, 1.46 subdivisions 2, 3, 4, 5, and 6; 97B.301, subdivision 2.1 5; and 97C.505, subdivision 4. 2.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.3 Section 1. [10.51] [HUNTING HERITAGE WEEK.] 2.4 The week beginning the third Monday in September is an 2.5 official week of observance to commemorate the state's valued 2.6 heritage of hunting game animals. During this week, all 2.7 residents of the state are urged to: 2.8 (1) reflect on hunting as an expression of our culture and 2.9 heritage; 2.10 (2) acknowledge that it is our community of sportsmen, 2.11 sportswomen, and hunters who have made the greatest 2.12 contributions to the establishment of current game animal 2.13 populations; and 2.14 (3) celebrate this culture and heritage in all lawful ways. 2.15 Sec. 2. [18.316] [DEFINITIONS.] 2.16 Subdivision 1. [APPLICABILITY.] The definitions in this 2.17 section apply to this section and section 18.317. 2.18 Subd. 2. [ECOLOGICALLY HARMFUL EXOTIC 2.19 SPECIES.] "Ecologically harmful exotic species" has the meaning 2.20 given in section 84.967. 2.21 Subd. 3. [UNDESIRABLE EXOTIC SPECIES.] "Undesirable exotic 2.22 species" means ecologically harmful exotic species that have 2.23 been determined by the commissioner of natural resources to pose 2.24 a substantial threat to native species in this state. 2.25 Subd. 4. [WATERCRAFT.] "Watercraft" means any contrivance 2.26 used or designed for navigation on water and includes seaplanes. 2.27 Subd. 5. [WATER MILFOIL.] "Water milfoil" means Eurasian 2.28 water milfoil, myriophyllum spicatum. 2.29 Subd. 6. [WATERS OF THE STATE.] "Waters of the state" has 2.30 the meaning given in section 103G.005, subdivision 17. 2.31 Subd. 7. [ZEBRA MUSSELS.] "Zebra mussels" means a species 2.32 of the genus Dreissena. 2.33 Sec. 3. Minnesota Statutes 1994, section 18.317, is 2.34 amended to read: 2.35 18.317 [UNDESIRABLE EXOTIC
AQUATIC PLANTS OR WILD2.36 ANIMALSSPECIES.] 3.1 Subdivision 1. [TRANSPORTATION PROHIBITED.] Except as 3.2 provided in subdivision 2, a person may not transport Eurasian3.3 or Northernwater milfoil, myriophyllum spicatum or exalbescens,3.4 zebra mussels, or undesirable exotic aquatic plants or wild3.5 animals identified by the commissioner of natural3.6 resourcesspecies on a road or highway, as defined in section 3.7 160.02, subdivision 7, or on forest roads. 3.8 Subd. 1a. [PLACEMENT PROHIBITED.] A person may not 3.9 intentionallyplace undesirable exotic aquatic plants or wild3.10 animals, as defined in section 84.967,species in public waters 3.11 within the state. 3.12 Subd. 2. [EXCEPTION.] Except as otherwise prohibited by 3.13 law, a person may transport Eurasian or Northernwater milfoil ,3.14 myriophyllum spicatum or exalbescens,or otherundesirable 3.15 exotic aquatic plants or wild animals identified by the3.16 commissioner of natural resourcesspecies for disposal as part 3.17 of a harvest or control activity conducted under a permit or as 3.18 specified by the commissioner. 3.19 Subd. 3. [LAUNCHING OF WATERCRAFT WITH EURASIAN OR3.20 NORTHERNWATER MILFOIL OR OTHER HARMFULUNDESIRABLE SPECIES 3.21 PROHIBITED.] (a) A person may not place a trailer or launch a 3.22 watercraft into waters of the state if the trailer or watercraft 3.23 has attached to it Eurasian or Northernwater milfoil, zebra 3.24 mussels, or other undesirable exotic aquatic plants or wild3.25 animals identified by the commissioner of natural3.26 resourcesspecies. A conservation officer or other licensed 3.27 peace officer may order the removal of Eurasian or Northern3.28 water milfoil, zebra mussels, or other undesirable 3.29 exotic aquatic plants or wild animals identified by the3.30 commissioner of natural resourcesspecies from a trailer or 3.31 watercraft before beingthe trailer or watercraft is placed or 3.32 launched into waters of the state. 3.33 (b) For purposes of this section, the meaning of watercraft3.34 includes a float plane and "waters of the state" has the meaning3.35 given in section 103G.005, subdivision 17.3.36 (c)A commercial harvester shall clean aquatic plant 4.1 harvesting equipment of all aquatic vegetation at a suitable 4.2 location before launching the equipment in another body of water. 4.3 Subd. 3a. [INSPECTION OF WATERCRAFT AND EQUIPMENT.] 4.4 Watercraft and associated equipment, including weed harvesters, 4.5 that are removed from any waters of the state that the 4.6 commissioner of natural resources identifies as being 4.7 contaminated with Eurasian water milfoil, zebra mussels, or 4.8 other undesirable exotic aquatic plants or wild animals 4.9 identified by the commissioner of natural resources, shall be 4.10 randomly inspected between May 1 and October 15 for a minimum of 4.11 10,000 hours by personnel authorized by the commissioner of 4.12 natural resources. Beginning in calendar year 1994, a minimum 4.13 of 20,000 hours of random inspections must be conducted per year. 4.14 Subd. 4. [ENFORCEMENT.] This section may be enforced by 4.15 conservation officers under sections 97A.205, 97A.211, and 4.16 97A.221, subdivision 1, paragraph (a), clause (1), and by other 4.17 licensed peace officers. 4.18 Subd. 5. [PENALTY.] A person who violates subdivision 1, 4.19 1a, 3, or 3a is guilty of a misdemeanor. A person who refuses 4.20 to obey the order of a peace officer or conservation officer to 4.21 remove Eurasian or Northernwater milfoil, zebra mussels, or 4.22 other undesirable exotic aquatic plants or wild animalsspecies 4.23 from a trailer or watercraft is guilty of a misdemeanor. 4.24 Sec. 4. Minnesota Statutes 1994, section 84.796, is 4.25 amended to read: 4.26 84.796 [PENALTIES.] 4.27 (a) A person who violates a provision of section 84.788, 4.28 84.789, 84.792, 84.793, or 84.795 is guilty of a misdemeanor. 4.29 (b) A person who violates a provision of a rule adopted 4.30 under section 84.79 is guilty of a petty misdemeanor. 4.31 Sec. 5. Minnesota Statutes 1994, section 84.81, is amended 4.32 by adding a subdivision to read: 4.33 Subd. 12. [COLLECTOR SNOWMOBILE.] "Collector snowmobile" 4.34 means a snowmobile that is 25 years old or older, was originally 4.35 produced as a separate identifiable make by a manufacturer, and 4.36 is owned and operated solely as a collectors item. 5.1 Sec. 6. Minnesota Statutes 1994, section 84.82, 5.2 subdivision 6, is amended to read: 5.3 Subd. 6. [EXEMPTIONS.] NoRegistration hereunder shall5.4 beis not required under this section for the following5.5 described snowmobiles: 5.6 (a) snowmobiles(1) a snowmobile owned and used by the 5.7 United States, another state, or a political subdivision 5.8 thereof .; 5.9 (b) snowmobiles(2) a snowmobile registered in a country 5.10 other than the United States temporarily used within this 5.11 state .; 5.12 (c) snowmobiles(3) a snowmobile that is covered by a valid 5.13 license of another state and which havehas not been within this 5.14 state for more than 30 consecutive days .; 5.15 (d) snowmobiles(4) a snowmobile used exclusively in 5.16 organized track racing events .; 5.17 (e) snowmobiles(5) a snowmobile in transit by a 5.18 manufacturer, distributor, or dealer; or 5.19 (6) a snowmobile at least 15 years old in transit by an 5.20 individual for use only on land owned or leased by the 5.21 individual. 5.22 Sec. 7. Minnesota Statutes 1994, section 84.82, is amended 5.23 by adding a subdivision to read: 5.24 Subd. 7a. [COLLECTOR SNOWMOBILES.] The commissioner may 5.25 issue a special permit to a person or organization to operate or 5.26 transport a collector snowmobile without registration in parades 5.27 or organized group outings, such as races, rallies, and other 5.28 promotional events and for up to ten days each year for personal 5.29 transportation. The commissioner may impose a reasonable 5.30 restriction on a permittee and may revoke, amend, suspend, or 5.31 modify a permit for cause. 5.32 Sec. 8. Minnesota Statutes 1994, section 84.92, 5.33 subdivision 8, is amended to read: 5.34 Subd. 8. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 5.35 "vehicle" means a motorized flotation-tired vehicle of not less 5.36 than three low pressure tires, but not more than six tires, that 6.1 is limited in engine displacement of less than 800 cubic 6.2 centimeters and total dry weight less than 600800 pounds. 6.3 Sec. 9. Minnesota Statutes 1994, section 84.968, 6.4 subdivision 1, is amended to read: 6.5 Subdivision 1. [MANAGEMENT PLAN.] (a) By January 1, 1993, 6.6 a long-term statewide ecologically harmful exotic species 6.7 management plan must be prepared by the commissioner of natural 6.8 resources and address the following: 6.9 (1) coordinated detection and prevention of accidental 6.10 introductions; 6.11 (2) coordinated dissemination of information about 6.12 ecologically harmful exotic species among resource management 6.13 agencies and organizations; 6.14 (3) a coordinated public awareness campaign regarding 6.15 ecologically harmful exotic animals and aquatic plants; 6.16 (4) a process , where none exists,for the commissioner to 6.17 designateidentify and classifylist appropriate or certain 6.18 ecologically harmful exotic species into the following6.19 categories:as 6.20 (i)undesirable wild animals that must not be sold,6.21 propagated, possessed, or transported; and6.22 (ii) undesirable aquatic exotic plantsexotic species that 6.23 must not be sold, propagated, possessed, or transported except 6.24 under permit; 6.25 (5) coordination of control and eradication of ecologically 6.26 harmful exotic species on public lands and public waters; and 6.27 (6) development of a list of exotic wild animal species 6.28 intended for nonagricultural purposes, or propagation for 6.29 release by state agencies or the private sector. 6.30 (b) The plan prepared under paragraph (a) must include 6.31 containment strategies that include: 6.32 (1) participation by lake associations, local citizen 6.33 groups, and local units of government in the development and 6.34 implementation of lake management plans; 6.35 (2) a reasonable and workable inspection requirement for 6.36 boats and equipment participating in organized events on waters 7.1 of the state; 7.2 (3) allowing access points infested with ecologically 7.3 harmful exotic species to be closed, for not more than a total 7.4 of seven days during an open water season, for control or 7.5 eradication purposes, and requiring posting of signs stating the 7.6 reason for closing the access; 7.7 (4) provisions for reasonable weed-free maintenance of 7.8 public accesses to infested waters; and 7.9 (5) notice to travelers of the penalties for violation of 7.10 laws relating to ecologically harmful exotic species. 7.11 Sec. 10. Minnesota Statutes 1994, section 84.9691, is 7.12 amended to read: 7.13 84.9691 [RULEMAKING AND PERMITS.] 7.14 Subdivision 1. [RULES.] (a) The commissioner of natural 7.15 resources may adopt emergency and permanent rules restricting 7.16 the introduction, propagation, use, possession, and spread of 7.17 ecologically harmful exotic species in the state, as outlined in 7.18 section 84.967. The emergency rulemaking authority granted in7.19 this paragraph expires July 1, 1994.7.20 (b) The commissioner shall adopt rules to identify bodies 7.21 of water with limited infestation of Eurasian water milfoil. 7.22 The areas that are infested, and where control is planned, shall 7.23 be marked and prohibited for use. 7.24 (c) A violation of a rule adopted under this section is a 7.25 misdemeanor. 7.26 Subd. 2. [PERMITS.] The commissioner may issue permits 7.27 regulating the propagation, possession, taking, or 7.28 transportation of undesirable exotic species for disposal, 7.29 research, education, or control purposes. The commissioner may 7.30 place conditions on the permit and may deny, modify, suspend, or 7.31 revoke a permit. 7.32 Sec. 11. Minnesota Statutes 1994, section 84.9692, 7.33 subdivision 1, is amended to read: 7.34 Subdivision 1. [AUTHORITY TO ISSUE.] After appropriate 7.35 training, conservation officers, peace officers, and other staff 7.36 designated by the commissioner may issue warnings or citations 8.1 to persons who: 8.2 (1) unlawfully transport ecologically harmfulwater milfoil 8.3 or undesirable exotic species on a public road; 8.4 (2) place a trailer or launch a watercraft with 8.5 ecologically harmfulundesirable exotic species attached into 8.6 waters of the state; 8.7 (3) operate a watercraft in a marked Eurasian water milfoil 8.8 limited infestation area; or 8.9 (4) damage, remove, or sink a buoy marking a Eurasian water 8.10 milfoil infestation area. 8.11 Sec. 12. Minnesota Statutes 1994, section 84.9692, is 8.12 amended by adding a subdivision to read: 8.13 Subd. 1a. [DEFINITIONS.] For the purposes of this section, 8.14 "undesirable exotic species," "water milfoil," "watercraft," 8.15 "waters of the state," and "zebra mussels" have the meanings 8.16 given them in section 18.317. 8.17 Sec. 13. Minnesota Statutes 1994, section 84.9692, 8.18 subdivision 2, is amended to read: 8.19 Subd. 2. [PENALTY AMOUNT.] A citation issued under this 8.20 section may impose up to the following penalty amounts: 8.21 (1) $50 for transporting visible Eurasianwater milfoil on 8.22 a public road in each of the following locations:8.23 (i) the exterior of the watercraft below the gunwales8.24 including the propulsion system;8.25 (ii) any surface of a watercraft trailer;8.26 (iii) any surface of a watercraft interior of the gunwales;8.27 (iv) any water container including live wells, minnow8.28 buckets, or coolers which hold water; or8.29 (v) any other area where visible Eurasian water milfoil is8.30 found not previously described in items (i) to (iv); 8.31 (2) $150$100 for transporting visible zebra mussels on a8.32 public road;8.33 (3) $300 for transporting, live ruffe, or live rusty 8.34 crayfish on a public road; 8.35 (4)(3) for attempting to launchplace or launching into8.36 noninfested watersplacing a watercraft, trailer, or plant 9.1 harvesting equipment with visible Eurasian water milfoil or9.2 adultzebra mussels attached into waters of the state not 9.3 identified by the commissioner as infested with zebra mussels, 9.4 $500 for a first offense and $1,000 for a second or subsequent 9.5 offense; 9.6 (5)(4) $100 for operating a watercraft in a marked 9.7 Eurasian water milfoil limited infestation area other than as 9.8 provided by law; 9.9 (6)(5) $150$100 for intentionally damaging, moving, 9.10 removing, or sinking a milfoil buoy; or 9.11 (7)(6) $150$200 for launching or attempting to launch9.12 into infested watersattempting to place or placing a watercraft 9.13 , trailer, or plant harvesting equipment with visible Eurasian9.14 water milfoil or visible zebra musselsattached into waters of 9.15 the state. 9.16 Sec. 14. Minnesota Statutes 1994, section 86B.401, 9.17 subdivision 11, is amended to read: 9.18 Subd. 11. [SUSPENSION FOR NOT REMOVING WATER MILFOIL OR 9.19 OTHER UNDESIRABLE EXOTIC SPECIES.] (a) The commissioner, after 9.20 notice and an opportunity for hearing, may suspend for a period 9.21 of not more than one year the license of a watercraft if the 9.22 owner or person in control of the watercraft or its trailer 9.23 refuses to comply with an inspection order of a conservation 9.24 officer or other licensed peace officer or an order to remove 9.25 Eurasian or Northernwater milfoil, myriophyllum spicatum or9.26 exalbescens,zebra mussels, or otherundesirable exotic aquatic9.27 plant and wild animalspecies identified by the commissioner9.28 from the watercraft or its trailer as provided in section 9.29 18.317, subdivision 3. 9.30 (b) For the purposes of this subdivision, "undesirable 9.31 exotic species," "water milfoil," and "zebra mussels" have the 9.32 meanings given in section 18.317. 9.33 Sec. 15. Minnesota Statutes 1994, section 97A.015, 9.34 subdivision 12, is amended to read: 9.35 Subd. 12. [CONTRABAND.] "Contraband" means: 9.36 (1) a wild animal taken, bought, sold, transported, or 10.1 possessed in violation of the game and fish laws, and all 10.2 instrumentalities and devices used in taking wild animals in 10.3 violation of the game and fish laws that are subject to 10.4 confiscation; and 10.5 (2) wild rice and other aquatic vegetation harvested, 10.6 bought, sold, transported, or possessed in violation of chapter 10.7 84. 10.8 Sec. 16. Minnesota Statutes 1994, section 97A.015, 10.9 subdivision 28, is amended to read: 10.10 Subd. 28. [MIGRATORY WATERFOWL.] "Migratory waterfowl" 10.11 means brant, ducks, geese, tundra swans, trumpeter swans, and 10.12 whooper swans. 10.13 Sec. 17. Minnesota Statutes 1994, section 97A.015, 10.14 subdivision 52, is amended to read: 10.15 Subd. 52. [UNPROTECTED BIRDS.] "Unprotected birds" means 10.16 English sparrow, blackbird, starling, magpie, cormorant, common 10.17 pigeon, chukar partridge, quail other than bob-white quail, mute 10.18 swan, and great horned owl. 10.19 Sec. 18. Minnesota Statutes 1994, section 97A.045, is 10.20 amended by adding a subdivision to read: 10.21 Subd. 10. [RECIPROCAL AGREEMENTS ON VIOLATIONS.] The 10.22 commissioner, with the approval of the attorney general, may 10.23 enter into reciprocal agreements with game and fish authorities 10.24 in other states and the United States government to provide for: 10.25 (1) revocation of the appropriate Minnesota game and fish 10.26 licenses of Minnesota residents for violations of game and fish 10.27 laws committed in signatory jurisdictions which result in 10.28 license revocation in that jurisdiction; 10.29 (2) reporting convictions and license revocations of 10.30 residents of signatory states for violations of game and fish 10.31 laws of Minnesota to game and fish authorities in the 10.32 nonresidents state of residence; and 10.33 (3) release upon signature without posting of bail for 10.34 residents of signatory states accused of game and fish law 10.35 violations in this state, providing for recovery, in the 10.36 resident jurisdiction, of fines levied if the citation is not 11.1 answered in this state. 11.2 As used in this subdivision, "conviction" includes a plea 11.3 of guilty or a forfeiture of bail. 11.4 Sec. 19. Minnesota Statutes 1994, section 97A.205, is 11.5 amended to read: 11.6 97A.205 [ENFORCEMENT OFFICER POWERS.] 11.7 An enforcement officer is authorized to: 11.8 (1) execute and serve court issued warrants and processes 11.9 relating to wild animals, wild rice, public waters, water 11.10 pollution, conservation, and use of water, in the same manner as 11.11 a constable or sheriff; 11.12 (2) enter any land to carry out the duties and functions of 11.13 the division; 11.14 (3) make investigations of violations of the game and fish 11.15 laws; 11.16 (4) take an affidavit, if it aids an investigation; 11.17 (5) arrest, without a warrant, a person who is detected in 11.18 the actual violation of the game and fish laws, a provision of 11.19 chapters 84, 84A, 85, 86A, 88 to 97C, 103E, 103F, 103G, sections 11.20 86B.001 to 86B,815, 89.51 to 89.61; or 609.66, subdivision 1, 11.21 clauses (1), (2), (5), and (7); and 609.68; and 11.22 (6) take an arrested person before a court in the county 11.23 where the offense was committed and make a complaint. 11.24 Nothing in this section grants an enforcement officer any 11.25 greater powers than other licensed peace officers. 11.26 Sec. 20. Minnesota Statutes 1994, section 97A.221, is 11.27 amended to read: 11.28 97A.221 [SEIZURE AND CONFISCATION OF PROPERTY.] 11.29 Subdivision 1. [PROPERTY SUBJECT TO SEIZURE AND 11.30 CONFISCATION.] (a) An enforcement officer may confiscateseize: 11.31 (1) wild animals, wild rice, and other aquatic vegetation 11.32 taken, bought, sold, transported, or possessed in violation of 11.33 the game and fish laws or chapter 84; and 11.34 (2) firearms, bows and arrows, nets, boats, lines, poles, 11.35 fishing rods and tackle, lights, lanterns, snares, traps, 11.36 spears, dark houses, fish houses, and wild rice harvesting 12.1 equipment that are used with the owner's knowledge to unlawfully 12.2 take or transport wild animals, wild rice, or other aquatic 12.3 vegetation and that have a value under $1,000 are subject to 12.4 this section. 12.5 (b) An item described in paragraph (a), clause (2), that 12.6 has a value of $1,000 or more is subject to the provisions of 12.7 section 97A.225. 12.8 (b)(c) An enforcement officer must confiscateseize nets 12.9 and equipment unlawfully possessed within ten miles of Lake of 12.10 the Woods or Rainy Lake. 12.11 (c) Confiscated property may be disposed of, retained for12.12 use by the division, or sold at the highest price obtainable as12.13 prescribed by the commissioner.12.14 Subd. 2. [ CONFISCATIONSEIZURE OF COMMINGLED SHIPMENTS.] A 12.15 whole shipment or parcel is contraband if two or more wild 12.16 animals are shipped or possessed in the same container, vehicle, 12.17 or room, or in any way commingled, and any of the animals are 12.18 contraband. ConfiscationSeizure of any part of a shipment 12.19 includes the entire shipment. 12.20 Subd. 3. [PROCEDURE FOR CONFISCATION OF PROPERTY 12.21 SEIZED.] The enforcement officer must hold the seized property. 12.22 The property held may be confiscated when: 12.23 (1) the person from whom the property was seized is 12.24 convicted; or 12.25 (2) the property seized is contraband consisting of a wild 12.26 animal, wild rice, or other aquatic vegetation. 12.27 Subd. 4. [DISPOSAL OF CONFISCATED PROPERTY.] Confiscated 12.28 property may be disposed of or retained for use by the 12.29 commissioner, or sold at the highest price obtainable as 12.30 prescribed by the commissioner. Upon acquittal or dismissal of 12.31 the charged violation for which the property was seized, all 12.32 property, other than contraband consisting of a wild animal, 12.33 wild rice, or other aquatic vegetation, must be returned to the 12.34 person from whom the property was seized. 12.35 Sec. 21. Minnesota Statutes 1994, section 97A.401, 12.36 subdivision 3, is amended to read: 13.1 Subd. 3. [TAKING, POSSESSING, AND TRANSPORTING WILD 13.2 ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 13.3 paragraph (b), special permits may be issued without a fee to 13.4 take, possess, and transport wild animals as pets and for 13.5 scientific, educational, rehabilitative, and exhibition 13.6 purposes. The commissioner shall prescribe the conditions for 13.7 taking, possessing, transporting, and disposing of the wild 13.8 animals. 13.9 (b) A special permit may not be issued to take or possess 13.10 wild or native deer for exhibition or propagation. 13.11 (c) The commissioner shall establish criteria for issuing 13.12 special permits for persons to possess wild and native deer as 13.13 pets. 13.14 Sec. 22. Minnesota Statutes 1994, section 97A.451, 13.15 subdivision 3, is amended to read: 13.16 Subd. 3. [PERSONS UNDER AGE 16; SMALL GAME.] (a) A person 13.17 under age 16 may not obtain a small game license but may take 13.18 small game by firearms or bow and arrow without a license if the 13.19 person is a resident: 13.20 (1) age 14 or 15 and possesses a firearms safety 13.21 certificate; 13.22 (2) age 13, possesses a firearms safety certificate, and is 13.23 accompanied by a parent or guardian; or 13.24 (3) age 12 or under and is accompanied by a parent or 13.25 guardian. 13.26 (b) A resident under age 16 may take small game by trapping 13.27 without a small game license, but a resident over age13 years 13.28 of age or older must have a trapping license. A resident under 13.29 age 1413 may trap without a trapping license. 13.30 Sec. 23. Minnesota Statutes 1994, section 97A.475, 13.31 subdivision 6, is amended to read: 13.32 Subd. 6. [RESIDENT FISHING.] Fees for the following 13.33 licenses, to be issued to residents only, are: 13.34 (1) to take fish by angling, for persons under age 65, $13; 13.35 (2) to take fish by angling, for persons age 65 and over, 13.36 $4.50; 14.1 (3) to take fish by angling, for a combined license for a 14.2 married couple, $17.50; 14.3 (4) to take fish by spearing from a dark house, $13; and 14.4 (5) to take fish by angling for a 24-hour period of 2414.5 hours from the time of issuanceselected by the licensee, $7.50. 14.6 Sec. 24. Minnesota Statutes 1994, section 97A.475, 14.7 subdivision 7, is amended to read: 14.8 Subd. 7. [NONRESIDENT FISHING.] Fees for the following 14.9 licenses, to be issued to nonresidents, are: 14.10 (1) to take fish by angling, $27.50; 14.11 (2) to take fish by angling limited to seven consecutive 14.12 days selected by the licensee, $19; 14.13 (3) to take fish by angling for three consecutive daysa 14.14 72-hour period selected by the licensee, $16; 14.15 (4) to take fish by angling for a combined license for a 14.16 family, $37.50; 14.17 (5) to take fish by angling for a 24-hour period of 2414.18 hours from the time of issuanceselected by the licensee, $7.50; 14.19 and 14.20 (6) to take fish by angling for a combined license for a 14.21 married couple, limited to 14 consecutive days selected by one 14.22 of the licensees, $27.50. 14.23 Sec. 25. Minnesota Statutes 1994, section 97A.531, is 14.24 amended by adding a subdivision to read: 14.25 Subd. 7. [POSSESSION OF FISH ON LAKE OF THE WOODS.] While 14.26 in Minnesota, a person permitted to take and possess fish in 14.27 Minnesota and licensed by the province of Ontario to take and 14.28 possess fish may possess the daily limit of fish allowed by the 14.29 Ontario border water conservation tag, if the fish taken in 14.30 Ontario were taken on Ontario waters of Lake of the Woods north 14.31 of Big Island. 14.32 Sec. 26. [97A.552] [FISHING REGULATIONS; EXECUTIVE ORDER.] 14.33 Subdivision 1. [ORDER AUTHORIZED.] (a) The governor may by 14.34 executive order: 14.35 (1) require that fish that are lawfully taken by angling 14.36 and possessed in Canada be brought into the state in-the-round; 15.1 (2) authorize fish lawfully taken by angling in Canada to 15.2 be transported within the state or out of the state by a 15.3 nonresident; 15.4 (3) require that a Minnesota resident transporting in 15.5 Minnesota fish that have been taken by angling in Canada possess 15.6 a Minnesota angling license; and 15.7 (4) require that any advertisement of fishing resorts or 15.8 facilities in Canada in printed or broadcast form originating or 15.9 distributed within the state must contain a summary of the 15.10 requirement of clause (1) and penalty for noncompliance. 15.11 (b) An executive order issued under paragraph (a) is 15.12 effective the day following the filing of a certified copy 15.13 thereof in the office of the secretary of state, and remains in 15.14 effect until rescinded by order of the governor. 15.15 Subd. 2. [PENALTY FOR NONCOMPLIANCE.] A violation of an 15.16 executive order imposing the requirement in subdivision 1, 15.17 paragraph (a), clause (1) is a misdemeanor, and in addition to 15.18 any criminal penalty imposed, fish brought into or transported 15.19 within the state contrary to that executive order must be 15.20 confiscated, and a penalty of $10 for each fish must be imposed. 15.21 Sec. 27. Minnesota Statutes 1994, section 97B.055, 15.22 subdivision 3, is amended to read: 15.23 Subd. 3. [HUNTING FROM VEHICLE BY DISABLED HUNTERS.] The 15.24 commissioner may issue a special permit, without a fee, to 15.25 discharge a firearm or bow and arrow from a stationary motor 15.26 vehicle to a licensed hunter that is temporarily or permanently15.27 physically unable to walk without crutches, braces, or other15.28 mechanical support, or who has a physical disability which15.29 substantially limits the person's ability to walkwho has a 15.30 temporary or permanent physical disability. The physical 15.31 disability and the substantial inability to walkmust be 15.32 established by medical evidence verified in writing by a 15.33 licensed physician. A person with a temporary disability may be 15.34 issued an annual permit and a person with a permanent disability 15.35 may be issued a permanent permit. A person issued a special 15.36 permit under this subdivision and hunting deer may take a deer 16.1 of either sex. 16.2 Sec. 28. Minnesota Statutes 1994, section 97B.061, is 16.3 amended to read: 16.4 97B.061 [REPORTS AND RECORDS.] 16.5 If requested byThe commissioner , amay request a person 16.6 who has taken game mustto submit a report to the commissioner 16.7 on a furnished form before March 15, stating the number andor 16.8 kind of each game animal taken during the preceding license 16.9 year. There is no penalty for failure to comply with a request 16.10 from the commissioner under this section, and information 16.11 submitted to the commissioner under this section may not be used 16.12 as evidence in a prosecution under chapter 97A, 97B, or 97C. 16.13 Sec. 29. Minnesota Statutes 1994, section 97B.075, is 16.14 amended to read: 16.15 97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 16.16 A person may not take protected wild animals, except 16.17 raccoon and fox, with a firearm between the evening and morning 16.18 times established by commissioner's rule, or by archery from16.19 one-half hour after sunset until one-half hour before16.20 sunriseexcept big game may be taken from one-half hour before 16.21 sunrise until one-half hour after sunset. 16.22 Sec. 30. Minnesota Statutes 1994, section 97B.731, 16.23 subdivision 1, is amended to read: 16.24 Subdivision 1. [MIGRATORY GAME BIRDS.] (a) Migratory game 16.25 birds may be taken and possessed. A person may not take, buy, 16.26 sell, possess, transport, or ship migratory game birds in 16.27 violation of federal law. 16.28 (b) The commissioner shall prescribe seasons and limits for 16.29 migratory birds in accordance with federal law. 16.30 Sec. 31. Minnesota Statutes 1994, section 97B.931, is 16.31 amended to read: 16.32 97B.931 [TENDING TRAPS RESTRICTED.] 16.33 Subdivision 1. [RESTRICTIONS.] A person may not tend a 16.34 trap set for wild animals between 10:00 p.m. and 5:00 a.m. 16.35 Between 5:00 a.m. and 10:00 p.m. a person on foot may use a 16.36 portable artificial light to tend traps. While using a light in 17.1 the field, the person may not possess or use a firearm other 17.2 than a handgun of .22 caliber. 17.3 Subd. 2. [BODY-GRIPPING TRAPS.] A body-gripping, 17.4 conibear-type trap need not be tended more frequently than once 17.5 every third calendar day. 17.6 Sec. 32. Minnesota Statutes 1994, section 97C.025, is 17.7 amended to read: 17.8 97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 17.9 AREAS.] 17.10 (a) Except as provided in paragraph (b), a person may not17.11 take fish from or drive motorboats over postedThe commissioner 17.12 may prohibit fishing or the operation of motorboats by posting 17.13 waters that: 17.14 (1) are designated as spawning beds or fish preserves; or 17.15 (2) are being used by the commissioner for fisheries 17.16 research or management activities. 17.17 An area may be posted under this paragraph if necessary to 17.18 prevent excessive depletion of fish or interference with 17.19 fisheries research or management activities. 17.20 (b) Except as provided in paragraph (c), a person may not 17.21 take fish or operate a motorboat if prohibited by posting under 17.22 paragraph (a). 17.23 (c) An owner of riparian land adjacent to an area posted 17.24 under paragraph (a) may operate a motorboat through the area by 17.25 the shortest direct route at a speed of not more than five miles 17.26 per hour. 17.27 Sec. 33. Minnesota Statutes 1994, section 97C.081, 17.28 subdivision 3, is amended to read: 17.29 Subd. 3. [CONTESTS AUTHORIZED BY COMMISSIONER.] The 17.30 commissioner may, by rule or permit, allow fishing contests with 17.31 entry fees over $10 per person or total prizes valued at more 17.32 than $2,000. 17.33 If entry fees are over $25 per person, or total prizes are 17.34 valued at more than $25,000, and if the applicant has either: 17.35 (1) not previously conducted a fishing contest requiring a 17.36 permit under this subdivision; or 18.1 (2) ever failed to make required prize awards in a fishing 18.2 contest conducted by the applicant, the commissioner may require 18.3 the applicant to furnish the commissioner evidence of financial 18.4 responsibility in the form of a surety bond or bank letter of 18.5 credit in the amount of $25,000. Permits must be issued without 18.6 a fee and if the commissioner does not deny the permit within 14 18.7 days, excluding holidays, after receipt of an application, the 18.8 permit is granted. 18.9 Sec. 34. Minnesota Statutes 1994, section 97C.305, 18.10 subdivision 1, is amended to read: 18.11 Subdivision 1. [REQUIREMENT.] Except as provided in 18.12 subdivision 2, a person over age 16 and under age 65 required to 18.13 possess an angling license must have a trout and salmon stamp in 18.14 possession to: 18.15 (1) take fish by angling in: 18.16 (1)(i) a stream designated by the commissioner as a trout 18.17 stream; 18.18 (2)(ii) a lake designated by the commissioner as a trout 18.19 lake; or 18.20 (3)(iii) Lake Superior; or 18.21 (2) possess trout or salmon taken in the state by angling. 18.22 Sec. 35. Minnesota Statutes 1994, section 97C.321, 18.23 subdivision 2, is amended to read: 18.24 Subd. 2. [ICE FISHING.] A person may use an unattended 18.25 line to take fish through the ice if: 18.26 (1) the person is within sight of the line; or 18.27 (2) a tip-up is attached to the line and the person is 18.28 within 80200 feet of the tip-up. 18.29 Sec. 36. Minnesota Statutes 1994, section 97C.345, 18.30 subdivision 1, is amended to read: 18.31 Subdivision 1. [PERIOD WHEN USE PROHIBITED.] Except as 18.32 specifically authorized, a person may not take fish from the 18.33 third Monday in February 16to April 30 with a spear, fish trap, 18.34 net, dip net, seine, or other device capable of taking fish. 18.35 Sec. 37. Minnesota Statutes 1994, section 97C.345, 18.36 subdivision 2, is amended to read: 19.1 Subd. 2. [POSSESSION.] (a) Except as specifically 19.2 authorized, a person may not possess a spear, fish trap, net, 19.3 dip net, seine, or other device capable of taking fish on or 19.4 near any waters. Possession includes personal possession and in 19.5 a vehicle. 19.6 (b) A person may possess spears, dip nets, bows and arrows, 19.7 and spear guns allowed under section 97C.381 on or near waters 19.8 between sunrise and sunset betweenfrom May 1 andto the third 19.9 Sunday in February 15. 19.10 Sec. 38. Minnesota Statutes 1994, section 97C.345, 19.11 subdivision 3, is amended to read: 19.12 Subd. 3. [DIP NETS.] A person may possess and use a dip 19.13 net between one hour before sunrise and one hour after 19.14 sunset betweenfrom May 1 andto the third Sunday in February 19.15 15. 19.16 Sec. 39. Minnesota Statutes 1994, section 97C.355, 19.17 subdivision 2, is amended to read: 19.18 Subd. 2. [LICENSE REQUIRED.] A person may not take fish 19.19 from a dark house or fish house unless the house is licensed and 19.20 has a metaldurable license tag attached to the exterior as 19.21 prescribed by the commissioner, except as provided in this 19.22 subdivision. The commissioner must issue a metaldurable tag 19.23 that is at least two inches in diameter with a 3/16 inch hole in 19.24 the center with a dark house or fish house license. The metal19.25 durable tag must be stampedmarked with a number to correspond 19.26 with the license and the year of issue. A dark house or fish 19.27 house license is not required of a resident on boundary waters 19.28 where the adjacent state does not charge a fee for the same 19.29 activity. 19.30 Sec. 40. Minnesota Statutes 1994, section 97C.355, 19.31 subdivision 7, is amended to read: 19.32 Subd. 7. [DATES AND TIMES HOUSES MAY REMAIN ON ICE.] (a) 19.33 A fish house or dark house may not be on the ice between 12:00 19.34 a.m. and one hour before sunrise after the following dates: 19.35 (1) February 28, for state waters south of a line starting 19.36 at the Minnesota-North Dakota border and formed by rights-of-way 20.1 of U.S. Route No. 10, then east along U.S. Route No. 10 to Trunk 20.2 Highway No. 34, then east along Trunk Highway No. 34 to Trunk 20.3 Highway No. 200, then east along Trunk Highway No. 200 to U.S. 20.4 Route No. 2, then east along U.S. Route No. 2 to the 20.5 Minnesota-Wisconsin border; and 20.6 (2) March 15, for other state waters. 20.7 A fish house or dark house on the ice in violation of this 20.8 subdivision is subject to the enforcement provisions of 20.9 paragraph (b). The commissioner may, by rule, change the dates 20.10 in this paragraph for any part of state waters. Copies of the 20.11 rule must be conspicuously posted on the shores of the waters as 20.12 prescribed by the commissioner. 20.13 (b) A conservation officer must confiscate a fish house or 20.14 dark house in violation of paragraph (a). The officer may 20.15 remove, burn, or destroy the house. The officer shall seize the 20.16 contents of the house and hold them for 60 days. If the seized 20.17 articles have not been claimed by the owner, they may be 20.18 retained for the use of the division or sold at the highest 20.19 price obtainable in a manner prescribed by the commissioner. 20.20 Sec. 41. Minnesota Statutes 1994, section 97C.371, 20.21 subdivision 4, is amended to read: 20.22 Subd. 4. [OPEN SEASON.] The open season for spearing 20.23 through the ice is December 1 to the third Sunday in February 15. 20.24 Sec. 42. Minnesota Statutes 1994, section 97C.395, 20.25 subdivision 1, is amended to read: 20.26 Subdivision 1. [DATES FOR CERTAIN SPECIES.] (a) The open 20.27 seasons to take fish by angling are as follows: 20.28 (1) for walleye, sauger, northern pike, muskellunge, 20.29 largemouth bass, and smallmouth bass, the Saturday two weeks 20.30 prior to the Saturday of Memorial Day weekend to the 20.31 third MondaySunday in February; 20.32 (2) for lake trout, from January 1 to October 31; 20.33 (3) for brown trout, brook trout, rainbow trout, and 20.34 splake, between January 1 to October 31 as prescribed by the 20.35 commissioner by rule except as provided in section 97C.415, 20.36 subdivision 2; and 21.1 (4) for salmon, as prescribed by the commissioner by rule. 21.2 (b) The commissioner shall close the season in areas of the 21.3 state where fish are spawning and closing the season will 21.4 protect the resource. 21.5 Sec. 43. Minnesota Statutes, 1994, section 97C.605, 21.6 subdivision 3, is amended to read: 21.7 Subd. 3. [TAKING; METHODS PROHIBITED.] (a) Except as 21.8 allowed in paragraph (b), a person may take turtles in any 21.9 manner, except by use of: 21.10 (1) explosives, drugs, poisons, lime, and other harmful 21.11 substances; 21.12 (2) turtle hooks ortraps; or 21.13 (3) nets other than anglers' fish landing nets. 21.14 (b) A person with a turtle seller's license may take 21.15 turtles for sale as prescribed by the commissionerwith a 21.16 floating turtle trap that: 21.17 (1) has one or more openings above the water surface that 21.18 measure at least ten inches by four inches; and 21.19 (2) has a mesh size of not less than one-half inch, bar 21.20 measure. 21.21 The commissioner may prescribe additional regulations for taking 21.22 turtles for sale. 21.23 Sec. 44. Minnesota Statutes 1994, section 97C.821, is 21.24 amended to read: 21.25 97C.821 [POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL 21.26 FISH.] 21.27 Subject to the applicable provisions of the game and fish 21.28 laws, fish taken under commercial fishing licenses may be 21.29 possessed in any quantity, bought, sold, and transported during21.30 the open seasons provided for the fish, and for seven days after21.31 the season closes. Fish frozen or cured during the open season21.32 may be transported, bought, and soldat any time. Commercial 21.33 fishing licensees may transport their catch live to holding 21.34 facilities, if the licensee has exclusive control of the 21.35 facilities. Commercial fishing licensees may harvest fish from 21.36 their holding facilities at any time with their licensed gear. 22.1 The commissioner may prohibit the transport of live fish taken 22.2 under a commercial fishing license from waters that contain 22.3 exotic species. 22.4 Sec. 45. Laws 1994, chapter 623, article 1, section 45, is 22.5 amended to read: 22.6 Sec. 45. [ENFORCEMENT OF LAWS RELATED TO BUYING AND 22.7 SELLING FISH; REPORT.] 22.8 By January 15, 19951996, the commissioner of natural 22.9 resources shall report to the environment and natural resources 22.10 committees of the legislature with recommendations for 22.11 legislation to improve enforcement of Minnesota Statutes, 22.12 section 97C.391, including record keeping requirements, enhanced 22.13 remedies, and inspection authorities. 22.14 Sec. 46. [FIREARMS SAFETY PROGRAM; PLAN.] 22.15 The commissioner of natural resources shall develop a plan 22.16 for the establishment of a firearms safety program directed at 22.17 children that is value-neutral concerning firearms ownership, 22.18 but that promotes awareness and understanding of the safe use 22.19 and storage of firearms. The commissioner shall submit the plan 22.20 and any necessary enabling legislation to the legislature by 22.21 February 1, 1996. 22.22 Sec. 47. [STOCKING OF LONG LAKE IN MORRISON COUNTY.] 22.23 The Long Lake Homeowners Association may annually stock up 22.24 to 5,000 walleye fingerlings in Long Lake in Richardson township 22.25 in Morrison county. 22.26 Sec. 48. [REPEALER.] 22.27 Minnesota Statutes 1994, section 97A.531, subdivisions 2, 22.28 3, 4, 5, and 6, are repealed. Any action of the commissioner of 22.29 natural resources authorized by a repealed subdivision is void. 22.30 Minnesota Statutes 1994, sections 97B.301, subdivision 5; 22.31 and 97C.505, subdivision 4, are repealed. 22.32 Sec. 49. [EFFECTIVE DATE.] 22.33 Sections 1 to 25 and 27 to 48 are effective the day 22.34 following final enactment. Section 25 is repealed December 31, 22.35 1995. Section 26 is effective May 1, 1996.