SF 1250

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying rulemaking authority; modifying
provisions for designating infested waters; extending expiration of Mineral
Coordinating Committee; providing for and modifying certain fees; modifying
license and stamp provisions; amending Minnesota Statutes 2006, sections
84.027, by adding a subdivision; 84D.03, subdivision 1; 84D.12, subdivisions
1, 3; 93.0015, subdivision 3; 97A.045, by adding a subdivision; 97A.405,
subdivision 2; 97A.451, subdivision 3a; 97A.465, by adding a subdivision;
97A.475, subdivision 3; 97B.715, subdivision 1; 97B.801; 97C.081, subdivision
3.

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

Section 1.

Minnesota Statutes 2006, section 84.027, is amended by adding a
subdivision to read:

new text begin Subd. 13a. new text end

new text begin Game and fish expedited permanent rules. new text end

new text begin In addition to the authority
granted in subdivision 13, the commissioner of natural resources may adopt rules under
section 14.389 that are authorized under:
new text end

new text begin (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
to provide for registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on the intent or
application of the original rule; or
new text end

new text begin (2) section 84D.12 to designate prohibited invasive species, regulated invasive
species, and unregulated nonnative species.
new text end

Sec. 2.

Minnesota Statutes 2006, section 84D.03, subdivision 1, is amended to read:

Subdivision 1.

Infested waters; restricted activities.

(a) The commissioner shall
designate a water of the state as an infested water if the commissioner determines that new text begin :
new text end

new text begin (1) new text end the water contains a population of an aquatic invasive species that could spread
to other waters if use of the water and related activities are not regulated to prevent this new text begin ; or
new text end

new text begin (2) the water is highly likely to be infested by an aquatic invasive species because it
is connected to a water that contains a population of an aquatic invasive species new text end .

(b) When determining which invasive species comprise infested waters, the
commissioner shall consider:

(1) the extent of a species distribution within the state;

(2) the likely means of spread for a species; and

(3) whether regulations specific to infested waters containing a specific species
will effectively reduce that species' spread.

(c) The presence of common carp and curly-leaf pondweed shall not be the basis for
designating a water as infested.

new text begin (d) The designation of infested waters by the commissioner shall be by written order
published in the State Register. Designations are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply.
new text end

Sec. 3.

Minnesota Statutes 2006, section 84D.12, subdivision 1, is amended to read:

Subdivision 1.

Required rules.

The commissioner shall adopt rules:

(1) designating deleted text begin infested waters, deleted text end prohibited invasive species, regulated invasive
species, and unregulated nonnative species of aquatic plants and wild animals;

(2) governing the application for and issuance of permits under this chapter, which
rules may include a fee schedule; and

(3) governing notification under section 84D.08.

Sec. 4.

Minnesota Statutes 2006, section 84D.12, subdivision 3, is amended to read:

Subd. 3.

Expedited rules.

The commissioner may adopt rules under section 84.027,
subdivision 13, that designate:

(1) prohibited invasive species of aquatic plants and wild animals;

(2) regulated invasive species of aquatic plants and wild animals; new text begin and
new text end

(3) unregulated nonnative species of aquatic plants and wild animals deleted text begin ; and
deleted text end

deleted text begin (4) infested waters deleted text end .

Sec. 5.

Minnesota Statutes 2006, section 93.0015, subdivision 3, is amended to read:

Subd. 3.

Expiration.

Notwithstanding section 15.059, subdivision 5, or other law to
the contrary, the committee expires June 30, deleted text begin 2007 deleted text end new text begin 2011 new text end .

Sec. 6.

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. 7.

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. 8.

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

Subd. 3a.

Nonresidents under age deleted text begin 16 deleted text end new text begin 18 new text end ; small game.

(a) A nonresident under
age deleted text begin 16 deleted text end new text begin 18 new text end may obtain a small game license at the resident fee new text begin under section 97A.475,
subdivision 2, clause (2), new text end if the nonresident:

(1) possesses a firearms safety certificate; or

(2) if age 13 or under, is accompanied by a parent or guardian when purchasing
the license.

(b) A nonresident age 13 or under must be accompanied by a parent or guardian
to take small game. A nonresident age 12 or under is not required to possess a firearms
safety certificate under section 97B.020 to take small game.

Sec. 9.

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. 10.

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 new text begin ;
new text end

new text begin (9) 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 (10) for persons at least age 12 and under age 18 to take deer by archery, $13 new text end .

Sec. 11.

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. 12.

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. 13.

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.