SF 1184

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to game and fish; modifying definitions; providing for and modifying
certain fees; modifying provisions for taking animals causing damage; modifying
license and stamp provisions; modifying certain possession and taking
restrictions; providing for an apprentice hunter validation; providing criminal
and civil penalties; amending Minnesota Statutes 2006, sections 97A.015, by
adding subdivisions; 97A.045, by adding a subdivision; 97A.401, subdivision
5; 97A.405, subdivisions 2, 4; 97A.421, by adding a subdivision; 97A.451,
subdivision 3; 97A.465, by adding a subdivision; 97A.475, subdivisions 2, 3;
97A.505, subdivision 4; 97A.511; 97B.020; 97B.075; 97B.301, subdivision 7;
97B.715, subdivision 1; 97B.801; 97B.928, subdivision 1; 97C.081, subdivision
3; 97C.325; 97C.355, subdivision 8; proposing coding for new law in Minnesota
Statutes, chapter 97B; repealing Minnesota Statutes 2006, sections 97A.475,
subdivision 38; 97C.365.

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

Section 1.

Minnesota Statutes 2006, section 97A.015, is amended by adding a
subdivision to read:

new text begin Subd. 26c. new text end

new text begin Immediately released or immediately returned to the water.
new text end

new text begin "Immediately released" or "immediately returned to the water" means that a fish must not
be retained longer than is needed at the site of capture to unhook, identify, measure, or
photograph the fish. Placing a fish on a stringer, in a live well, or in a cooler, bucket, or
other container is not "immediately released" or "immediately returned to the water."
new text end

Sec. 2.

Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 35a. new text end

new text begin Pheasant. new text end

new text begin "Pheasant" means ring-necked pheasant.
new text end

Sec. 3.

Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 48a. new text end

new text begin Turkey. new text end

new text begin "Turkey" means wild turkey.
new text end

Sec. 4.

Minnesota Statutes 2006, section 97A.045, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Establishing fees. new text end

new text begin Notwithstanding section 16A.1283, the commissioner
may, by written order published in the State Register, establish fees providing for the use
of state wildlife management area or aquatic management area lands for specific purposes,
including dog trials; special events; and commercial uses. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 5.

Minnesota Statutes 2006, section 97A.401, subdivision 5, is amended to read:

Subd. 5.

Wild animals damaging property.

Special permits may be issued with
or without a fee to take protected wild animals deleted text begin that are damaging property deleted text end or to remove
or destroy their dens, nests, new text begin eggs, new text end houses, or dams new text begin for the purpose of preventing or
reducing damage or injury to people, property, agricultural crops, or other interests. The
commissioner may prescribe rules for taking Canada geese and their nests and eggs, with
or without a permit, consistent with federal regulations new text end . deleted text begin A special permit issued under this
subdivision to take beaver must state the number to be taken.
deleted text end

Sec. 6.

Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:

Subd. 2.

Personal possession.

(a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.

(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license, state
identification card, or other form of identification provided by the commissioner, if the
license has been sold to the person by electronic means but the actual license has not
been issued and received.

(c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.

(d) A license deleted text begin or stamp deleted text end issued electronically and not immediately provided to the
licensee shall be mailed to the licensee within 30 days of purchase of the license deleted text begin or stamp
validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp deleted text end . A
pictorial turkey deleted text begin stamp or a pictorial deleted text end new text begin , migratory waterfowl, pheasant, or new text end trout and salmon
stamp shall be deleted text begin mailed deleted text end new text begin provided new text end to the licensee after purchase of a deleted text begin license or deleted text end stamp
validation only if the licensee pays an additional $2 fee.

Sec. 7.

Minnesota Statutes 2006, section 97A.405, subdivision 4, is amended to read:

Subd. 4.

Replacement licenses.

(a) The commissioner may permit licensed deer
hunters to change zone, license, or season options. The commissioner may issue a
replacement license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the original and
the replacement license. new text begin A refund of the difference in fees may be issued when a person
changes from a regular deer license to a youth deer license. new text end When a person submits both
an archery and a firearms license for replacement, the commissioner may apply the value
of both licenses towards the replacement license fee.

(b) A replacement license may be issued only if the applicant has not used any tag
from the original license new text begin or licenses new text end and meets the conditions of paragraph (c). The original
license new text begin or licenses new text end and all unused tags deleted text begin for that license deleted text end new text begin for the licenses being replaced new text end must
be submitted to the issuing agent at the time the replacement license is issued.

(c) A replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:

(1) when the season for the license being surrendered has not yet opened; deleted text begin or
deleted text end

(2) when the person is upgrading from a regular firearms or archery deer license to
deleted text begin a multizone or deleted text end new text begin an new text end all season deer license deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) when the person is upgrading from a regular firearms license to a multizone
deer license; or
new text end

new text begin (4) when the person is changing from a regular firearms deer license to a youth
deer license.
new text end

(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid
immediately upon issuance if the license being surrendered is valid at that time.

Sec. 8.

Minnesota Statutes 2006, section 97A.421, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Taking wild animals while privileges are suspended. new text end

new text begin A person who
takes a protected wild animal during the time the person is prohibited from obtaining a
license to take that animal under this section is guilty of a misdemeanor.
new text end

Sec. 9.

Minnesota Statutes 2006, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 may
not obtain a small game license but may take small game by firearms or bow and arrow
without a license if the resident is:

(1) age 14 or 15 and possesses a firearms safety certificate;

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian; deleted text begin or
deleted text end

new text begin (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
new text end

deleted text begin (3) deleted text end new text begin (4) new text end age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping license. A resident
under age 13 may trap without a trapping license, but may not register fisher, otter,
bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat,
or pine marten taken by a resident under age five must be included in the limit of the
accompanying parent or guardian.

(c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.

Sec. 10.

Minnesota Statutes 2006, section 97A.465, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Spouses of residents on active military duty. new text end

new text begin Notwithstanding section
97A.405, subdivision 5, the spouse of a resident who is on active military duty may obtain
resident hunting and fishing licenses.
new text end

Sec. 11.

Minnesota Statutes 2006, section 97A.475, subdivision 2, is amended to read:

Subd. 2.

Resident hunting.

Fees for the following licenses, to be issued to residents
only, are:

(1) for persons age 18 or over and under age 65 to take small game, $12.50;

(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;

(3) to take turkey, $18;

(4) for persons age 18 or over to take deer with firearms, $26;

(5) for persons age 18 or over to take deer by archery, $26;

(6) to take moose, for a party of not more than six persons, $310;

(7) to take bear, $38;

(8) to take elk, for a party of not more than two persons, $250;

(9) multizone license to take antlered deer in more than one zone, $52;

(10) to take Canada geese during a special season, $4;

(11) all season license to take deleted text begin two deleted text end new text begin three new text end deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;

(12) to take prairie chickens, $20;

(13) for persons at least age 12 and under age 18 to take deer with firearms during
the regular firearms season in any open zone or time period, $13; and

(14) for persons at least age 12 and under age 18 to take deer by archery, $13.

Sec. 12.

Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read:

Subd. 3.

Nonresident hunting.

Fees for the following licenses, to be issued
to nonresidents, are:

(1) new text begin for persons age 18 and older new text end to take small game, $73;

(2) new text begin for persons age 18 and older new text end to take deer with firearms, $135;

(3) new text begin for persons age 18 and older new text end to take deer by archery, deleted text begin the greater of:
deleted text end

deleted text begin (i) an amount equal to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or province of residence; or
deleted text end

deleted text begin (ii) deleted text end $135;

(4) to take bear, $195;

(5) to take turkey, $73;

(6) to take raccoon, bobcat, fox, or coyote, $155;

(7) multizone license to take antlered deer in more than one zone, $270; deleted text begin and
deleted text end

(8) to take Canada geese during a special season, $4 deleted text begin . deleted text end new text begin ;
new text end

new text begin (9) for persons ages 16 and 17 to take small game, $6;
new text end

new text begin (10) for persons at least age 12 and under age 18 to take deer with firearms during
the regular firearms season in any open zone or time period, $13; and
new text end

new text begin (11) for persons at least age 12 and under age 18 to take deer by archery, $13.
new text end

Sec. 13.

Minnesota Statutes 2006, section 97A.505, subdivision 4, is amended to read:

Subd. 4.

Storage of protected wild animals.

A person that stores protected wild
animals for others must plainly mark the package, in ink, with the name and address of the
owner, the license number of the person taking the animal, and the number and species in
the package. deleted text begin A person may not use a commercial cold storage warehouse for protected
wild animals, except lawfully taken fish and furs.
deleted text end

Sec. 14.

Minnesota Statutes 2006, section 97A.511, is amended to read:

97A.511 FUR-BEARING ANIMALS.

The skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits
and hares, legally taken and bearing the required seals or tags required by the game and
fish laws, may be bought, sold, and transported at any time. deleted text begin The flesh of beaver, raccoon,
rabbits, and hare may not be transported out of the state.
deleted text end

Sec. 15.

Minnesota Statutes 2006, section 97B.020, is amended to read:

97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.

(a) Except as provided in this section and section 97A.451, subdivision 3a, a person
born after December 31, 1979, may not obtain an annual license to take wild animals by
firearms unless the person has:

(1) a firearms safety certificate or equivalent certificate;

(2) a driver's license or identification card with a valid firearms safety qualification
indicator issued under section 171.07, subdivision 13;

(3) a previous hunting license with a valid firearms safety qualification indicator; deleted text begin or
deleted text end

new text begin (4) an apprentice hunter certificate issued under section 97B.022; or
new text end

deleted text begin (4) deleted text end new text begin (5) new text end other evidence indicating that the person has completed in this state or in
another state a hunter safety course recognized by the department under a reciprocity
agreement or certified by the department as substantially similar.

(b) A person who is on active duty and has successfully completed basic training
in the United States armed forces, reserve component, or National Guard may obtain a
hunting license or approval authorizing hunting regardless of whether the person is issued
a firearms safety certificate.

(c) A person born after December 31, 1979, may not use a lifetime license to take
wild animals by firearms, unless the person meets the requirements for obtaining an annual
license under paragraph (a) or (b).

Sec. 16.

new text begin [97B.022] APPRENTICE HUNTER VALIDATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, "accompanied" means
to stay within a distance of another person that permits uninterrupted visual contact and
unaided verbal communication.
new text end

new text begin Subd. 2. new text end

new text begin Apprentice hunter validation requirements. new text end

new text begin A resident born after
December 31, 1979, who is age 12 or older and who does not possess a firearms safety
certificate may be issued an apprentice hunter validation. An apprentice hunter validation
is valid for only one license year in a lifetime. An individual in possession of an apprentice
hunter validation may hunt small game and deer only when accompanied by an adult
licensed to hunt in Minnesota whose license was not obtained using an apprentice hunter
validation. An apprentice hunter validation holder must obtain all required licenses and
stamps.
new text end

Sec. 17.

Minnesota Statutes 2006, section 97B.075, is amended to read:

97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.

(a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.

(b) Big game may be taken from one-half hour before sunrise until one-half hour
after sunset.

(c) Except as otherwise prescribed by the commissioner new text begin on or new text end before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner. On the opening day of the duck
season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.

Sec. 18.

Minnesota Statutes 2006, section 97B.301, subdivision 7, is amended to read:

Subd. 7.

All season deer license.

(a) A resident may obtain an all season deer
license that authorizes the resident to hunt during the archery, regular firearms, and
muzzle-loader seasons. The all season license is valid for taking three deer, no more
than one of which may be a legal buck.

(b) The all season deer license is valid for taking antlerless deer as deleted text begin follows:
deleted text end

deleted text begin (1) up to two antlerless deer may be taken during the archery or muzzle-loader
seasons in any open area or during the regular firearms season in managed or intensive
deer areas; and
deleted text end

deleted text begin (2) one antlerless deer may be taken during the regular firearms season in a lottery
deer area, only with an either-sex permit or statutory exemption from an either-sex permit. deleted text end new text begin
prescribed by the commissioner.
new text end

(c) The commissioner shall issue three tags when issuing a license under this
subdivision.

Sec. 19.

Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to read:

Subdivision 1.

Stamp required.

(a) Except as provided in paragraph (b) or section
97A.405, subdivision 2, a person required to possess a small game license may not hunt
pheasants without deleted text begin : deleted text end

deleted text begin (1) a pheasant stamp in possession; and
deleted text end

deleted text begin (2) deleted text end a pheasant stamp validation deleted text begin on the small game license when issued electronically deleted text end .

(b) The following persons are exempt from this subdivision:

(1) residents under age 18 or over age 65;

(2) persons hunting on licensed commercial shooting preserves; and

(3) resident disabled veterans with a license issued under section 97A.441,
subdivision 6a.

Sec. 20.

Minnesota Statutes 2006, section 97B.801, is amended to read:

97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.

(a) Except as provided in this section or section 97A.405, subdivision 2, a person
required to possess a small game license may not take migratory waterfowl without deleted text begin : deleted text end

deleted text begin (1) a Minnesota migratory waterfowl stamp in possession; and
deleted text end

deleted text begin (2) deleted text end a migratory waterfowl stamp validation deleted text begin on the small game license when issued
electronically deleted text end .

(b) Residents under age 18 or over age 65; resident disabled veterans with a license
issued under section 97A.441, subdivision 6a; and persons hunting on their own property
are not required to possess a stamp deleted text begin or a license deleted text end validation under this section.

Sec. 21.

Minnesota Statutes 2006, section 97B.928, subdivision 1, is amended to read:

Subdivision 1.

Information required.

(a) A person may not set or place a trap or
snare, other than on property owned or occupied by the person, unless the following
information is affixed to the trap or snare in a manner that ensures that the information
remains legible while the trap or snare is on the lands or waters:

(1) the number and state of the person's driver's license;

(2) the person's Minnesota identification card number; deleted text begin or
deleted text end

(3) the person's name and mailing address deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) the license identification number issued by the Department of Natural Resources.
new text end

(b) The commissioner may not prescribe additional requirements for identification
of traps or snares.

new text begin (c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1),
may be the person's previously issued Minnesota driver's license number.
new text end

Sec. 22.

Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read:

Subd. 3.

Contests requiring a permit.

(a) A person must have a permit from the
commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2.
deleted text begin Permits shall be issued without a fee. deleted text end new text begin The commissioner shall charge a fee for the permit
that recovers the costs of issuing the permit and monitoring the activities allowed by the
permit. Notwithstanding section 16A.1283, the commissioner may, by written order
published in the State Register, establish contest permit fees. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end

(b) If entry fees are over $25 per person, or total prizes are valued at more than
$25,000, and if the applicant has either:

(1) not previously conducted a fishing contest requiring a permit under this
subdivision; or

(2) ever failed to make required prize awards in a fishing contest conducted by
the applicant, the commissioner may require the applicant to furnish the commissioner
evidence of financial responsibility in the form of a surety bond or bank letter of credit in
the amount of $25,000.

Sec. 23.

Minnesota Statutes 2006, section 97C.325, is amended to read:

97C.325 deleted text begin PROHIBITED METHODS OF deleted text end new text begin RESTRICTIONS ON new text end TAKING FISH.

(a) Except as specifically authorized, a person may not take fish with:

(1) explosives, chemicals, drugs, poisons, lime, medicated bait, fish berries, or
other similar substances;

(2) substances or devices that kill, stun, or affect the nervous system of fish;

(3) nets, traps, trot lines, or snares; or

(4) spring devices that impale, hook, or capture fish.

(b) If a person possesses a substance or device listed in paragraph (a) on waters,
shores, or islands, it is presumptive evidence that the person is in violation of this section.

(c) The commissioner may, by rule, allow the use of a nonmotorized device with a
recoil mechanism to take fish through the ice.

new text begin (d) To protect water quality or improve habitat for fish or wildlife, the commissioner
may prescribe restrictions on fishing seasons, limits, or methods on specific bodies of
water.
new text end

Sec. 24.

Minnesota Statutes 2006, section 97C.355, subdivision 8, is amended to read:

Subd. 8.

Confiscation of unlawful structures new text begin ; civil penalty new text end .

new text begin (a) new text end Structures on the
ice in violation of this section may be confiscated and disposed of, retained by the division,
or sold at the highest price obtainable, in a manner prescribed by the commissioner.

new text begin (b) In addition to other penalties provided by law, the owner of a structure left on the
ice in violation of this section is subject to a civil penalty under section 115A.99.
new text end

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 97A.475, subdivision 38; and 97C.365, new text end new text begin are
repealed.
new text end