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SF 1

as introduced - 79th Legislature, 1995 1st Special Session (1995 - 1995) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  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. 
  2.3      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. 
  2.19  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: 
  3.1      Subdivision 1.  [TRANSPORTATION PROHIBITED.] Except as 
  3.2   provided in subdivision 2, a person may not transport Eurasian 
  3.3   or Northern water milfoil, myriophyllum spicatum or exalbescens, 
  3.4   zebra mussels, or undesirable exotic aquatic plants or wild 
  3.5   animals identified by the commissioner of natural 
  3.6   resources species 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   intentionally place undesirable exotic aquatic plants or wild 
  3.10  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 Northern water milfoil, 
  3.14  myriophyllum spicatum or exalbescens, or other undesirable 
  3.15  exotic aquatic plants or wild animals identified by the 
  3.16  commissioner of natural resources species for disposal as part 
  3.17  of a harvest or control activity conducted under a permit or as 
  3.18  specified by the commissioner. 
  3.21  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 Northern water milfoil, zebra 
  3.24  mussels, or other undesirable exotic aquatic plants or wild 
  3.25  animals identified by the commissioner of natural 
  3.26  resources species.  A conservation officer or other licensed 
  3.27  peace officer may order the removal of Eurasian or Northern 
  3.28  water milfoil, zebra mussels, or other undesirable 
  3.29  exotic aquatic plants or wild animals identified by the 
  3.30  commissioner of natural resources species from a trailer or 
  3.31  watercraft before being the 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 watercraft 
  3.34  includes a float plane and "waters of the state" has the meaning 
  3.35  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.
  4.4   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 Northern water milfoil, zebra mussels, or 
  4.22  other undesirable exotic aquatic plants or wild animals species 
  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.] No Registration hereunder shall 
  5.4   be is not required under this section for the following 
  5.5   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 have has 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 600 800 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  designate identify and classify list appropriate or certain 
  6.18  ecologically harmful exotic species into the following 
  6.19  categories: as 
  6.20     (i) undesirable wild animals that must not be sold, 
  6.21  propagated, possessed, or transported; and 
  6.22     (ii) undesirable aquatic exotic plants exotic 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 in 
  7.19  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 harmful water 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 harmful undesirable 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 Eurasian water milfoil on 
  8.22  a public road in each of the following locations: 
  8.23     (i) the exterior of the watercraft below the gunwales 
  8.24  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, minnow 
  8.28  buckets, or coolers which hold water; or 
  8.29     (v) any other area where visible Eurasian water milfoil is 
  8.30  found not previously described in items (i) to (iv); 
  8.31     (2) $150 $100 for transporting visible zebra mussels on a 
  8.32  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 launch place or launching into 
  8.36  noninfested waters placing a watercraft, trailer, or plant 
  9.1   harvesting equipment with visible Eurasian water milfoil or 
  9.2   adult zebra 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 launch 
  9.12  into infested waters attempting to place or placing a watercraft 
  9.13  , trailer, or plant harvesting equipment with visible Eurasian 
  9.14  water milfoil or visible zebra mussels attached 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: 
  9.19  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 Northern water milfoil, myriophyllum spicatum or 
  9.26  exalbescens, zebra mussels, or other undesirable exotic aquatic 
  9.27  plant and wild animal species identified by the commissioner 
  9.28  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: 
 10.22  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: 
 11.7      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: 
 11.29     Subdivision 1.  [PROPERTY SUBJECT TO SEIZURE AND 
 11.30  CONFISCATION.] (a) An enforcement officer may confiscate seize: 
 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 confiscate seize 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 for 
 12.12  use by the division, or sold at the highest price obtainable as 
 12.13  prescribed by the commissioner.  
 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.  Confiscation Seizure of any part of a shipment 
 12.19  includes the entire shipment.  
 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: 
 13.2   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 age 13 years 
 13.28  of age or older must have a trapping license.  A resident under 
 13.29  age 14 13 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 24 
 14.5   hours from the time of issuance selected 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 days a 
 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 24 
 14.18  hours from the time of issuance selected 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: 
 15.24  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 permanently 
 15.27  physically unable to walk without crutches, braces, or other 
 15.28  mechanical support, or who has a physical disability which 
 15.29  substantially limits the person's ability to walk who has a 
 15.30  temporary or permanent physical disability.  The physical 
 15.31  disability and the substantial inability to walk must 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 by The commissioner, a may request a person 
 16.6   who has taken game must to submit a report to the commissioner 
 16.7   on a furnished form before March 15, stating the number and or 
 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: 
 16.16     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 from 
 16.19  one-half hour after sunset until one-half hour before 
 16.20  sunrise except 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: 
 17.9   AREAS.] 
 17.10     (a) Except as provided in paragraph (b), a person may not 
 17.11  take fish from or drive motorboats over posted The 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: 
 17.30  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 80 200 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 16 to 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 between from May 1 and to 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 between from May 1 and to 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 metal durable 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 metal durable 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 metal 
 19.25  durable tag must be stamped marked 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 Monday Sunday 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 or traps; 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 commissioner with 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: 
 21.26  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 during 
 21.30  the open seasons provided for the fish, and for seven days after 
 21.31  the season closes.  Fish frozen or cured during the open season 
 21.32  may be transported, bought, and sold at 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: 
 22.8      By January 15, 1995 1996, 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.  
 22.23     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.