SF 1180

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; off-highway 
  1.3             motorcycles; all-terrain vehicles; reciprocal 
  1.4             agreements; migratory game birds; fish house 
  1.5             identification; fish taken in Canada; exotic species; 
  1.6             shooting ranges; powers of enforcement officers; 
  1.7             collector snowmobiles; disabled hunters; providing 
  1.8             penalties; amending Minnesota Statutes 1994, sections 
  1.9             18.317; 84.796; 84.81, by adding a subdivision; 84.82, 
  1.10            by adding a subdivision; 84.92, subdivision 8; 84.968, 
  1.11            subdivision 1; 84.9691; 84.9692, subdivisions 1, 2, 
  1.12            and by adding a subdivision; 86B.401, subdivision 11; 
  1.13            97A.045, by adding a subdivision; 97A.205; 97A.215, 
  1.14            subdivision 1; 97A.401, subdivision 3; 97A.531, 
  1.15            subdivision 1; 97B.055, subdivision 3; 97B.731, 
  1.16            subdivision 1; 97C.355, subdivision 2; and Laws 1994, 
  1.17            chapter 623, article 1, section 45; proposing coding 
  1.18            for new law in Minnesota Statutes, chapter 18; 
  1.19            proposing coding for new law as Minnesota Statutes, 
  1.20            chapter 87A; repealing Minnesota Statutes 1994, 
  1.21            sections 97A.531, subdivisions 2, 3, 4, 5, and 6; and 
  1.22            97C.505, subdivision 4. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  [18.316] [DEFINITIONS.] 
  1.25     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.26  section apply to this section and section 18.317. 
  1.27     Subd. 2.  [ECOLOGICALLY HARMFUL EXOTIC 
  1.28  SPECIES.] "Ecologically harmful exotic species" has the meaning 
  1.29  given in section 84.967. 
  1.30     Subd. 3.  [UNDESIRABLE EXOTIC SPECIES.] "Undesirable exotic 
  1.31  species" means ecologically harmful exotic species that have 
  1.32  been determined by the commissioner of natural resources to pose 
  1.33  a substantial threat to native species in this state. 
  1.34     Subd. 4.  [WATERCRAFT.] "Watercraft" means any contrivance 
  2.1   used or designed for navigation on water and includes seaplanes. 
  2.2      Subd. 5.  [WATER MILFOIL.] "Water milfoil" means Eurasian, 
  2.3   Northern, or whorled water milfoil, or any other species in the 
  2.4   genus Myriophyllum. 
  2.5      Subd. 6.  [WATERS OF THE STATE.] "Waters of the state" has 
  2.6   the meaning given in section 103G.005, subdivision 17. 
  2.7      Subd. 7.  [ZEBRA MUSSELS.] "Zebra mussels" means a species 
  2.8   of the genus Dreissena. 
  2.9      Sec. 2.  Minnesota Statutes 1994, section 18.317, is 
  2.10  amended to read: 
  2.11     18.317 [UNDESIRABLE EXOTIC AQUATIC PLANTS OR WILD 
  2.12  ANIMALS SPECIES.] 
  2.13     Subdivision 1.  [TRANSPORTATION PROHIBITED.] Except as 
  2.14  provided in subdivision 2, a person may not transport Eurasian 
  2.15  or Northern water milfoil, myriophyllum spicatum or exalbescens, 
  2.16  zebra mussels, or undesirable exotic aquatic plants or wild 
  2.17  animals identified by the commissioner of natural 
  2.18  resources species on a road or highway, as defined in section 
  2.19  160.02, subdivision 7, or on forest roads. 
  2.20     Subd. 1a.  [PLACEMENT PROHIBITED.] A person may not 
  2.21  intentionally place undesirable exotic aquatic plants or wild 
  2.22  animals, as defined in section 84.967, species in public waters 
  2.23  within the state. 
  2.24     Subd. 2.  [EXCEPTION.] Except as otherwise prohibited by 
  2.25  law, a person may transport Eurasian or Northern water milfoil, 
  2.26  myriophyllum spicatum or exalbescens, or other undesirable 
  2.27  exotic aquatic plants or wild animals identified by the 
  2.28  commissioner of natural resources species for disposal as part 
  2.29  of a harvest or control activity conducted under a permit or as 
  2.30  specified by the commissioner. 
  2.31     Subd. 3.  [LAUNCHING OF WATERCRAFT WITH EURASIAN OR 
  2.32  NORTHERN WATER MILFOIL OR OTHER HARMFUL UNDESIRABLE SPECIES 
  2.33  PROHIBITED.] (a) A person may not place a trailer or launch a 
  2.34  watercraft into waters of the state if the trailer or watercraft 
  2.35  has attached to it Eurasian or Northern water milfoil, zebra 
  2.36  mussels, or other undesirable exotic aquatic plants or wild 
  3.1   animals identified by the commissioner of natural 
  3.2   resources species.  A conservation officer or other licensed 
  3.3   peace officer may order the removal of Eurasian or Northern 
  3.4   water milfoil, zebra mussels, or other undesirable 
  3.5   exotic aquatic plants or wild animals identified by the 
  3.6   commissioner of natural resources species from a trailer or 
  3.7   watercraft before being the trailer or watercraft is placed or 
  3.8   launched into waters of the state. 
  3.9      (b) For purposes of this section, the meaning of watercraft 
  3.10  includes a float plane and "waters of the state" has the meaning 
  3.11  given in section 103G.005, subdivision 17. 
  3.12     (c) A commercial harvester shall clean aquatic plant 
  3.13  harvesting equipment of all aquatic vegetation at a suitable 
  3.14  location before launching the equipment in another body of water.
  3.15     Subd. 3a.  [INSPECTION OF WATERCRAFT AND EQUIPMENT.] 
  3.16  Watercraft and associated equipment, including weed harvesters, 
  3.17  that are removed from any waters of the state that the 
  3.18  commissioner of natural resources identifies as being 
  3.19  contaminated with Eurasian water milfoil, zebra mussels, or 
  3.20  other undesirable exotic aquatic plants or wild animals 
  3.21  identified by the commissioner of natural resources, shall be 
  3.22  randomly inspected between May 1 and October 15 for a minimum of 
  3.23  10,000 hours by personnel authorized by the commissioner of 
  3.24  natural resources.  Beginning in calendar year 1994, a minimum 
  3.25  of 20,000 hours of random inspections must be conducted per year.
  3.26     Subd. 4.  [ENFORCEMENT.] This section may be enforced by 
  3.27  conservation officers under sections 97A.205, 97A.211, and 
  3.28  97A.221, subdivision 1, paragraph (a), clause (1), and by other 
  3.29  licensed peace officers. 
  3.30     Subd. 5.  [PENALTY.] A person who violates subdivision 1, 
  3.31  1a, 3, or 3a is guilty of a misdemeanor.  A person who refuses 
  3.32  to obey the order of a peace officer or conservation officer to 
  3.33  remove Eurasian or Northern water milfoil, zebra mussels, or 
  3.34  other undesirable exotic aquatic plants or wild animals species 
  3.35  from a trailer or watercraft is guilty of a misdemeanor. 
  3.36     Sec. 3.  Minnesota Statutes 1994, section 84.796, is 
  4.1   amended to read: 
  4.2      84.796 [PENALTIES.] 
  4.3      (a) A person who violates a provision of section 84.788, 
  4.4   84.789, 84.792, 84.793, or 84.795 is guilty of a misdemeanor. 
  4.5      (b) A person who violates a provision of a rule adopted 
  4.6   under section 84.79 is guilty of a petty misdemeanor. 
  4.7      Sec. 4.  Minnesota Statutes 1994, section 84.81, is amended 
  4.8   by adding a subdivision to read: 
  4.9      Subd. 12.  [COLLECTOR SNOWMOBILE.] "Collector snowmobile" 
  4.10  means a snowmobile that is 25 years old or older, originally 
  4.11  produced as a separate identifiable make by a manufacturer, and 
  4.12  that is owned and operated solely as a collectors item. 
  4.13     Sec. 5.  Minnesota Statutes 1994, section 84.82, is amended 
  4.14  by adding a subdivision to read: 
  4.15     Subd. 7a.  [COLLECTOR SNOWMOBILES.] The commissioner of 
  4.16  natural resources may issue special permits to a person or 
  4.17  organization to operate or transport a collector snowmobile 
  4.18  without registration in parades or organized group outings, such 
  4.19  as races, rallies, and other promotional events and for up to 
  4.20  ten days each year for personal transportation.  The 
  4.21  commissioner may impose a reasonable restriction on a permittee 
  4.22  and may revoke, amend, suspend, or modify a permit for cause. 
  4.23     Sec. 6.  Minnesota Statutes 1994, section 84.92, 
  4.24  subdivision 8, is amended to read: 
  4.25     Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
  4.26  "vehicle" means a motorized flotation-tired vehicle of not less 
  4.27  than three low pressure tires, but not more than six tires, that 
  4.28  is limited in engine displacement of less than 800 cubic 
  4.29  centimeters and total dry weight less than 600 800 pounds.  
  4.30     Sec. 7.  Minnesota Statutes 1994, section 84.968, 
  4.31  subdivision 1, is amended to read: 
  4.32     Subdivision 1.  [MANAGEMENT PLAN.] (a) By January 1, 1993, 
  4.33  a long-term statewide ecologically harmful exotic species 
  4.34  management plan must be prepared by the commissioner of natural 
  4.35  resources and address the following:  
  4.36     (1) coordinated detection and prevention of accidental 
  5.1   introductions; 
  5.2      (2) coordinated dissemination of information about 
  5.3   ecologically harmful exotic species among resource management 
  5.4   agencies and organizations; 
  5.5      (3) a coordinated public awareness campaign regarding 
  5.6   ecologically harmful exotic animals and aquatic plants; 
  5.7      (4) a process, where none exists, for the commissioner to 
  5.8   designate identify and classify list appropriate or certain 
  5.9   ecologically harmful exotic species into the following 
  5.10  categories: as 
  5.11     (i) undesirable wild animals that must not be sold, 
  5.12  propagated, possessed, or transported; and 
  5.13     (ii) undesirable aquatic exotic plants exotic species that 
  5.14  must not be sold, propagated, possessed, or transported except 
  5.15  under permit; 
  5.16     (5) coordination of control and eradication of ecologically 
  5.17  harmful exotic species on public lands and public waters; and 
  5.18     (6) development of a list of exotic wild animal species 
  5.19  intended for nonagricultural purposes, or propagation for 
  5.20  release by state agencies or the private sector.  
  5.21     (b) The plan prepared under paragraph (a) must include 
  5.22  containment strategies that include: 
  5.23     (1) participation by lake associations, local citizen 
  5.24  groups, and local units of government in the development and 
  5.25  implementation of lake management plans; 
  5.26     (2) a reasonable and workable inspection requirement for 
  5.27  boats and equipment participating in organized events on waters 
  5.28  of the state; 
  5.29     (3) allowing access points infested with ecologically 
  5.30  harmful exotic species to be closed, for not more than a total 
  5.31  of seven days during an open water season, for control or 
  5.32  eradication purposes, and requiring posting of signs stating the 
  5.33  reason for closing the access; 
  5.34     (4) provisions for reasonable weed-free maintenance of 
  5.35  public accesses to infested waters; and 
  5.36     (5) notice to travelers of the penalties for violation of 
  6.1   laws relating to ecologically harmful exotic species. 
  6.2      Sec. 8.  Minnesota Statutes 1994, section 84.9691, is 
  6.3   amended to read: 
  6.4      84.9691 [RULEMAKING AND PERMITS.] 
  6.5      Subdivision 1.  [RULES.] (a) The commissioner of natural 
  6.6   resources may adopt emergency and permanent rules restricting 
  6.7   the introduction, propagation, use, possession, and spread of 
  6.8   ecologically harmful exotic species in the state, as outlined in 
  6.9   section 84.967.  The emergency rulemaking authority granted in 
  6.10  this paragraph expires July 1, 1994.  
  6.11     (b) The commissioner shall adopt rules to identify bodies 
  6.12  of water with limited infestation of Eurasian water milfoil.  
  6.13  The areas that are infested, and where control is planned, shall 
  6.14  be marked and prohibited for use. 
  6.15     (c) A violation of a rule adopted under this section is a 
  6.16  misdemeanor. 
  6.17     Subd. 2.  [PERMITS.] The commissioner may issue permits 
  6.18  regulating the propagation, possession, taking, or 
  6.19  transportation of undesirable exotic species for disposal, 
  6.20  research, education, or control purposes.  The commissioner may 
  6.21  place conditions on the permit and may deny, modify, suspend, or 
  6.22  revoke a permit. 
  6.23     Sec. 9.  Minnesota Statutes 1994, section 84.9692, 
  6.24  subdivision 1, is amended to read: 
  6.25     Subdivision 1.  [AUTHORITY TO ISSUE.] After appropriate 
  6.26  training, conservation officers, peace officers, and other staff 
  6.27  designated by the commissioner may issue warnings or citations 
  6.28  to persons who: 
  6.29     (1) unlawfully transport ecologically harmful water milfoil 
  6.30  or undesirable exotic species on a public road; 
  6.31     (2) place a trailer or launch a watercraft with 
  6.32  ecologically harmful undesirable exotic species attached into 
  6.33  waters of the state; 
  6.34     (3) operate a watercraft in a marked Eurasian water milfoil 
  6.35  limited infestation area; or 
  6.36     (4) damage, remove, or sink a buoy marking a Eurasian water 
  7.1   milfoil infestation area.  
  7.2      Sec. 10.  Minnesota Statutes 1994, section 84.9692, is 
  7.3   amended by adding a subdivision to read: 
  7.4      Subd. 1a.  [DEFINITIONS.] For the purposes of this section, 
  7.5   "undesirable exotic species," "water milfoil," "watercraft," 
  7.6   "waters of the state," and "zebra mussels" have the meanings 
  7.7   given them in section 18.317. 
  7.8      Sec. 11.  Minnesota Statutes 1994, section 84.9692, 
  7.9   subdivision 2, is amended to read: 
  7.10     Subd. 2.  [PENALTY AMOUNT.] A citation issued under this 
  7.11  section may impose up to the following penalty amounts: 
  7.12     (1) $50 for transporting visible Eurasian water milfoil on 
  7.13  a public road in each of the following locations: 
  7.14     (i) the exterior of the watercraft below the gunwales 
  7.15  including the propulsion system; 
  7.16     (ii) any surface of a watercraft trailer; 
  7.17     (iii) any surface of a watercraft interior of the gunwales; 
  7.18     (iv) any water container including live wells, minnow 
  7.19  buckets, or coolers which hold water; or 
  7.20     (v) any other area where visible Eurasian water milfoil is 
  7.21  found not previously described in items (i) to (iv); 
  7.22     (2) $150 $100 for transporting visible zebra mussels on a 
  7.23  public road; 
  7.24     (3) $300 for transporting, live ruffe, or live rusty 
  7.25  crayfish on a public road; 
  7.26     (4) (3) for attempting to launch place or launching into 
  7.27  noninfested waters placing a watercraft, trailer, or plant 
  7.28  harvesting equipment with visible Eurasian water milfoil or 
  7.29  adult zebra mussels attached into waters of the state not 
  7.30  identified by the commissioner as infested with zebra mussels, 
  7.31  $500 for a first offense and $1,000 for a second or subsequent 
  7.32  offense; 
  7.33     (4) $100 for attempting to place or placing a watercraft, 
  7.34  trailer, or plant harvesting equipment with visible zebra 
  7.35  mussels attached into waters of the state identified by the 
  7.36  commissioner as infested with zebra mussels; 
  8.1      (5) $100 for operating a watercraft in a marked Eurasian 
  8.2   water milfoil limited infestation area other than as provided by 
  8.3   law; 
  8.4      (6) $150 $100 for intentionally damaging, moving, removing, 
  8.5   or sinking a milfoil buoy; or 
  8.6      (7) $150 $200 for launching or attempting to launch into 
  8.7   infested waters attempting to place or placing a watercraft, 
  8.8   trailer, or plant harvesting equipment with visible Eurasian 
  8.9   water milfoil or visible zebra mussels attached into waters of 
  8.10  the state. 
  8.11     Sec. 12.  Minnesota Statutes 1994, section 86B.401, 
  8.12  subdivision 11, is amended to read: 
  8.13     Subd. 11.  [SUSPENSION FOR NOT REMOVING WATER MILFOIL OR 
  8.14  OTHER UNDESIRABLE EXOTIC SPECIES.] (a) The commissioner, after 
  8.15  notice and an opportunity for hearing, may suspend for a period 
  8.16  of not more than one year the license of a watercraft if the 
  8.17  owner or person in control of the watercraft or its trailer 
  8.18  refuses to comply with an inspection order of a conservation 
  8.19  officer or other licensed peace officer or an order to remove 
  8.20  Eurasian or Northern water milfoil, myriophyllum spicatum or 
  8.21  exalbescens, zebra mussels, or other undesirable exotic aquatic 
  8.22  plant and wild animal species identified by the commissioner 
  8.23  from the watercraft or its trailer as provided in section 
  8.24  18.317, subdivision 3. 
  8.25     (b) For the purposes of this subdivision, "undesirable 
  8.26  exotic species," "water milfoil," and "zebra mussels" have the 
  8.27  meanings given in section 18.317. 
  8.28     Sec. 13.  [87A.01] [DEFINITIONS.] 
  8.29     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  8.30  section apply to sections 87A.01 to 87A.03. 
  8.31     Subd. 2.  [PERSON.] "Person" means an individual, 
  8.32  proprietorship, partnership, corporation, club, or other legal 
  8.33  entity. 
  8.34     Subd. 3.  [SHOOTING RANGE OR RANGE.] "Shooting range" or 
  8.35  "range" means an outdoor area or facility designed and operated 
  8.36  for the use of firearms or archery. 
  9.1      Subd. 4.  [GENERALLY ACCEPTED OPERATION 
  9.2   PRACTICES.] "Generally accepted operation practices" means those 
  9.3   guidelines adopted by the commissioner of natural resources for 
  9.4   shooting ranges.  In developing the practices, the commissioner 
  9.5   shall consider all information reasonably available regarding 
  9.6   the safe operation of shooting ranges, including practices 
  9.7   established by a nationally recognized nonprofit membership 
  9.8   organization that provides voluntary firearm safety programs 
  9.9   that include training individuals in the safe handling and use 
  9.10  of firearms, which practices are developed with consideration of 
  9.11  all information reasonably available regarding the safe 
  9.12  operation of shooting ranges.  The generally accepted operation 
  9.13  practices shall be reviewed at least every five years by the 
  9.14  commissioner of natural resources and revised as the 
  9.15  commissioner considers necessary.  The commissioner shall adopt 
  9.16  the guidelines required under this section by January 1, 1996.  
  9.17     Subd. 5.  [UNIT OF GOVERNMENT.] "Unit of government" means 
  9.18  a home rule charter or statutory city, county, town, municipal 
  9.19  corporation, or other political subdivision, or any of their 
  9.20  instrumentalities. 
  9.21     Sec. 14.  [87A.02] [LOCAL ORDINANCE PROTECTION; EXISTING 
  9.22  OPERATIONS.] 
  9.23     (a) A shooting range that is in operation and not in 
  9.24  violation of existing law at the time of the enactment of an 
  9.25  ordinance must be permitted to continue in operation even if the 
  9.26  operation of the shooting range at a later date does not conform 
  9.27  to the new ordinance or an amendment to an existing ordinance. 
  9.28     (b) A shooting range that operates in compliance with 
  9.29  generally accepted operation practices, even if not in 
  9.30  compliance with an ordinance of a local unit of government, must 
  9.31  be permitted to do all of the following within its preexisting 
  9.32  geographic boundaries if done in compliance with generally 
  9.33  accepted operation practices: 
  9.34     (1) repair, remodel, or reinforce any conforming or 
  9.35  nonconforming building or structure as may be necessary in the 
  9.36  interest of public safety or to secure the continued use of the 
 10.1   building or structure; 
 10.2      (2) reconstruct, repair, restore, remodel, or resume the 
 10.3   use of a nonconforming building damaged by fire, collapse, 
 10.4   explosion, act of God, or act of war occurring after the 
 10.5   effective date of this section; and 
 10.6      (3) do anything authorized under generally accepted 
 10.7   operation practices, including:  
 10.8      (i) expand or increase its membership or opportunities for 
 10.9   public participation; 
 10.10     (ii) expand or increase events, facilities, and activities, 
 10.11  within the preexisting geographic boundaries of the range, and 
 10.12  in conformance with local codes and ordinances; and 
 10.13     (iii) make those structural repairs or improvements 
 10.14  necessary to comply with generally accepted operation practices. 
 10.15     Sec. 15.  [87A.03] [LIMITS ON CLOSING SHOOTING RANGES; 
 10.16  PAYMENT OF CERTAIN COSTS.] 
 10.17     (a) Except as provided in section 87A.03, a shooting range 
 10.18  may not be prevented from operating by any state agency or unit 
 10.19  of government unless because of new development of adjacent 
 10.20  land:  (1) the range becomes a clear and proven safety hazard to 
 10.21  the adjacent population; or (2) the range becomes unable to meet 
 10.22  the minimum range safety standards contained in generally 
 10.23  accepted operation practices adopted by the commissioner. 
 10.24     (b)(1) If the requirements of paragraph (a), clause (1), 
 10.25  are met, a shooting range may be relocated by a state agency or 
 10.26  a unit of government if the following conditions are met: 
 10.27     (i) the clear and proven safety hazard is documented 
 10.28  through a hearing, testimony, and a clear and precise statement 
 10.29  of the hazard by the agency or unit of government; and 
 10.30     (ii) the agency or unit of government obtaining the closure 
 10.31  pays the fair market value of the range business as a going 
 10.32  concern to the operators and the fair market value of the land 
 10.33  including improvements, to the owner of the land; and 
 10.34     (2) upon final full payment, the range operator and 
 10.35  landowners shall relinquish their interest in the property to 
 10.36  the agency or unit of government obtaining the closure. 
 11.1      (c) If the requirements of paragraph (a), clause (2), are 
 11.2   met, the shooting range operations may be suspended if: 
 11.3      (1) the range operators are given reasonable notice and 
 11.4   opportunity to respond; and 
 11.5      (2) the range operators are given a reasonable opportunity 
 11.6   to correct safety defects and meet the minimum range safety 
 11.7   standards contained in generally accepted operation practices. 
 11.8      Sec. 16.  Minnesota Statutes 1994, section 97A.045, is 
 11.9   amended by adding a subdivision to read: 
 11.10     Subd. 10.  [RECIPROCAL AGREEMENTS ON VIOLATIONS.] The 
 11.11  commissioner, with the approval of the attorney general, may 
 11.12  enter into reciprocal agreements with game and fish authorities 
 11.13  in other states and the United States government to provide for: 
 11.14     (1) revocation of the appropriate Minnesota game and fish 
 11.15  licenses of Minnesota residents for violations of game and fish 
 11.16  laws committed in signatory jurisdictions which result in 
 11.17  license revocation in that jurisdiction; 
 11.18     (2) reporting convictions and license revocations of 
 11.19  residents of signatory states for violations of game and fish 
 11.20  laws of Minnesota to game and fish authorities in the 
 11.21  nonresidents state of residence; and 
 11.22     (3) release upon signature without posting of bail for 
 11.23  residents of signatory states accused of game and fish law 
 11.24  violations in this state, providing for recovery, in the 
 11.25  resident jurisdiction, of fines levied if the citation is not 
 11.26  answered in this state. 
 11.27     As used in this subdivision, "conviction" includes a plea 
 11.28  of guilty or a forfeiture of bail. 
 11.29     Sec. 17.  Minnesota Statutes 1994, section 97A.205, is 
 11.30  amended to read: 
 11.31     97A.205 [ENFORCEMENT OFFICER POWERS.] 
 11.32     An enforcement officer is authorized to:  
 11.33     (1) execute and serve court issued warrants and processes 
 11.34  relating to wild animals, wild rice, public waters, water 
 11.35  pollution, conservation, and use of water, in the same manner as 
 11.36  a constable or sheriff; 
 12.1      (2) enter any land to carry out the duties and functions of 
 12.2   the division; 
 12.3      (3) make investigations of violations of the game and fish 
 12.4   laws; 
 12.5      (4) take an affidavit, if it aids an investigation; 
 12.6      (5) arrest, without a warrant, a person who is detected in 
 12.7   the actual violation of the game and fish laws, a provision of 
 12.8   chapters 84, 84A, 85, 86A, 88 to 97C, 103E, 103F, 103G, sections 
 12.9   86B.001 to 86B,815, 89.51 to 89.61; or 609.66, subdivision 1, 
 12.10  clauses (1), (2), (5), and (7); and 609.68; and 
 12.11     (6) take an arrested person before a court in the county 
 12.12  where the offense was committed and make a complaint. 
 12.13     Nothing in this section grants a conservation enforcement 
 12.14  officer any greater powers than other licensed peace officers.  
 12.15     Sec. 18.  Minnesota Statutes 1994, section 97A.215, 
 12.16  subdivision 1, is amended to read: 
 12.17     Subdivision 1.  [STORAGE OF WILD ANIMALS.] (a) When an 
 12.18  enforcement officer has probable cause to believe that wild 
 12.19  animals possessed or stored in violation of the game and fish 
 12.20  laws are present, the enforcement officer may enter and inspect 
 12.21  any commercial cold storage warehouse, hotel, restaurant, ice 
 12.22  house, locker plant, butcher shop, and other building used to 
 12.23  store dressed meat, game, or fish, to determine whether wild 
 12.24  animals are kept and stored in compliance with the game and fish 
 12.25  laws.  
 12.26     (b) When an enforcement officer has probable cause to 
 12.27  believe that wild animals taken or possessed in violation of the 
 12.28  game and fish laws are present, the officer may, in accordance 
 12.29  with the powers granted to licensed peace officers: 
 12.30     (1) enter and inspect any place or vehicle; and 
 12.31     (2) open and inspect any package or container. 
 12.32     Sec. 19.  Minnesota Statutes 1994, section 97A.401, 
 12.33  subdivision 3, is amended to read: 
 12.34     Subd. 3.  [TAKING, POSSESSING, AND TRANSPORTING WILD 
 12.35  ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 
 12.36  paragraph (b), special permits may be issued without a fee to 
 13.1   take, possess, and transport wild animals as pets and for 
 13.2   scientific, educational, rehabilitative, and exhibition 
 13.3   purposes.  The commissioner shall prescribe the conditions for 
 13.4   taking, possessing, transporting, and disposing of the wild 
 13.5   animals.  
 13.6      (b) A special permit may not be issued to take or possess 
 13.7   wild or native deer for exhibition or propagation.  
 13.8      (c) The commissioner shall establish criteria for issuing 
 13.9   special permits for persons to possess wild and native deer as 
 13.10  pets.  
 13.11     Sec. 20.  Minnesota Statutes 1994, section 97A.531, 
 13.12  subdivision 1, is amended to read: 
 13.13     Subdivision 1.  [SHIPPING COUPONS GENERAL.] A person may 
 13.14  ship, within or out of the state, wild animals lawfully taken 
 13.15  and possessed in Canada and that have lawfully entered the state.
 13.16  The shipment must have the shipping coupons required for a 
 13.17  shipment originating in the province where the animals were 
 13.18  taken.  Fish that are lawfully taken and possessed in Canada may 
 13.19  be brought into the state and may be transported within the 
 13.20  state or out of the state. 
 13.21     Sec. 21.  Minnesota Statutes 1994, section 97B.055, 
 13.22  subdivision 3, is amended to read: 
 13.23     Subd. 3.  [HUNTING FROM VEHICLE BY DISABLED HUNTERS.] The 
 13.24  commissioner may issue a special permit, without a fee, to 
 13.25  discharge a firearm or bow and arrow from a stationary motor 
 13.26  vehicle to a licensed hunter that is temporarily or permanently 
 13.27  physically unable to walk without crutches, braces, or other 
 13.28  mechanical support, or who has a physical disability which 
 13.29  substantially limits the person's ability to walk disabled.  The 
 13.30  physical disability and the substantial inability to walk must 
 13.31  be established by medical evidence verified in writing by a 
 13.32  licensed physician.  A person with a temporary disability may be 
 13.33  issued an annual permit and a person with a permanent disability 
 13.34  may be issued a permanent permit.  A person issued a special 
 13.35  permit under this subdivision and hunting deer may take a deer 
 13.36  of either sex. 
 14.1      Sec. 22.  Minnesota Statutes 1994, section 97B.731, 
 14.2   subdivision 1, is amended to read: 
 14.3      Subdivision 1.  [MIGRATORY GAME BIRDS.] (a) Migratory game 
 14.4   birds may be taken and possessed.  A person may not take, buy, 
 14.5   sell, possess, transport, or ship migratory game birds in 
 14.6   violation of federal law.  
 14.7      (b) The commissioner shall prescribe seasons and limits for 
 14.8   migratory birds in accordance with federal law. 
 14.9      Sec. 23.  Minnesota Statutes 1994, section 97C.355, 
 14.10  subdivision 2, is amended to read: 
 14.11     Subd. 2.  [LICENSE REQUIRED.] A person may not take fish 
 14.12  from a dark house or fish house unless the house is licensed and 
 14.13  has a metal durable license tag attached to the exterior as 
 14.14  prescribed by the commissioner, except as provided in this 
 14.15  subdivision.  The commissioner must issue a metal durable tag 
 14.16  that is at least two inches in diameter with a 3/16 inch hole in 
 14.17  the center with a dark house or fish house license.  The metal 
 14.18  durable tag must be stamped marked with a number to correspond 
 14.19  with the license and the year of issue.  A dark house or fish 
 14.20  house license is not required of a resident on boundary waters 
 14.21  where the adjacent state does not charge a fee for the same 
 14.22  activity. 
 14.23     Sec. 24.  Laws 1994, chapter 623, article 1, section 45, is 
 14.24  amended to read: 
 14.25     Sec. 45.  [ENFORCEMENT OF LAWS RELATED TO BUYING AND 
 14.26  SELLING FISH; REPORT.] 
 14.27     By January 15, 1995 1996, the commissioner of natural 
 14.28  resources shall report to the environment and natural resources 
 14.29  committees of the legislature with recommendations for 
 14.30  legislation to improve enforcement of Minnesota Statutes, 
 14.31  section 97C.391, including record keeping requirements, enhanced 
 14.32  remedies, and inspection authorities. 
 14.33     Sec. 25.  [REPEALER.] 
 14.34     Minnesota Statutes 1994, sections 97A.531, subdivisions 2, 
 14.35  3, 4, 5, and 6; and 97C.505, subdivision 4, are repealed. 
 14.36     Sec. 26.  [EFFECTIVE DATE.] 
 15.1      Sections 20 and 25 are effective the day following final 
 15.2   enactment.