SF 1288

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; exempting trappers from 
  1.3             blaze orange requirements; providing that for certain 
  1.4             turkey license applicants qualifying land may be 
  1.5             noncontiguous; increasing hunting and fishing license 
  1.6             fees; appropriating money; amending Minnesota Statutes 
  1.7             1998, sections 97A.435, subdivision 4; 97A.475, 
  1.8             subdivisions 2, 3, 6, 7, 8, 11, 12, 13, and 20; 
  1.9             97A.485, subdivision 12; and 97B.071. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 97A.435, 
  1.12  subdivision 4, is amended to read: 
  1.13     Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  1.14  The commissioner may conduct a separate selection for up to 20 
  1.15  percent of the turkey licenses to be issued for any area.  Only 
  1.16  persons that are owners or tenants of and that live on at least 
  1.17  40 acres of agricultural or grazing land in the area, and their 
  1.18  family members, are eligible applicants for turkey licenses for 
  1.19  the separate selection.  Persons that are unsuccessful in a 
  1.20  separate selection must be included in the selection for the 
  1.21  remaining licenses.  Persons that obtain a license in a separate 
  1.22  selection must allow public turkey hunting on their land during 
  1.23  that turkey season.  The qualifying agricultural or grazing land 
  1.24  may be noncontiguous.  
  1.25     (b) The commissioner may by rule establish criteria for 
  1.26  determining eligible family members under this subdivision. 
  1.27     Sec. 2.  Minnesota Statutes 1998, section 97A.475, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
  2.3   licenses, to be issued to residents only, are: 
  2.4      (1) for persons under age 65 to take small game, $10 $12; 
  2.5      (2) for persons age 65 or over, $5 $6; 
  2.6      (3) to take turkey, $16 $18; 
  2.7      (4) to take deer with firearms, $22 $25; 
  2.8      (5) to take deer by archery, $22 $25; 
  2.9      (6) to take moose, for a party of not more than six 
  2.10  persons, $275 $310; 
  2.11     (7) to take bear, $33 $38; 
  2.12     (8) to take elk, for a party of not more than two persons, 
  2.13  $220 $250; 
  2.14     (9) to take antlered deer in more than one zone, $44 $50; 
  2.15  and 
  2.16     (10) to take Canada geese during a special season, $3 $4.  
  2.17     Sec. 3.  Minnesota Statutes 1998, section 97A.475, 
  2.18  subdivision 3, is amended to read: 
  2.19     Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
  2.20  licenses, to be issued to nonresidents, are: 
  2.21     (1) to take small game, $56 $73; 
  2.22     (2) to take deer with firearms, $110 $125; 
  2.23     (3) to take deer by archery, $110 $125; 
  2.24     (4) to take bear, $165 $195; 
  2.25     (5) to take turkey, $56 $73; 
  2.26     (6) to take raccoon, bobcat, fox, coyote, or 
  2.27  lynx, $137.50 $155; 
  2.28     (7) to take antlered deer in more than one zone, $220 $250; 
  2.29  and 
  2.30     (8) to take Canada geese during a special season, $3 $4. 
  2.31     Sec. 4.  Minnesota Statutes 1998, section 97A.475, 
  2.32  subdivision 6, is amended to read: 
  2.33     Subd. 6.  [RESIDENT FISHING.] Fees for the following 
  2.34  licenses, to be issued to residents only, are: 
  2.35     (1) to take fish by angling, for persons under age 
  2.36  65, $15 $16; 
  3.1      (2) to take fish by angling, for persons age 65 and over, 
  3.2   $5.50 $6.50; 
  3.3      (3) to take fish by angling, for a combined license for a 
  3.4   married couple, $20.50 $25; 
  3.5      (4) to take fish by spearing from a dark house, $15 $16; 
  3.6   and 
  3.7      (5) to take fish by angling for a 24-hour period selected 
  3.8   by the licensee, $8 $8.50. 
  3.9      Sec. 5.  Minnesota Statutes 1998, section 97A.475, 
  3.10  subdivision 7, is amended to read: 
  3.11     Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
  3.12  licenses, to be issued to nonresidents, are: 
  3.13     (1) to take fish by angling, $31 $34; 
  3.14     (2) to take fish by angling limited to seven consecutive 
  3.15  days selected by the licensee, $21.50 $24; 
  3.16     (3) to take fish by angling for a 72-hour period selected 
  3.17  by the licensee, $18 $20; 
  3.18     (4) to take fish by angling for a combined license for a 
  3.19  family, $41.50 $46; 
  3.20     (5) to take fish by angling for a 24-hour period selected 
  3.21  by the licensee, $8 $8.50; and 
  3.22     (6) to take fish by angling for a combined license for a 
  3.23  married couple, limited to 14 consecutive days selected by one 
  3.24  of the licensees, $32 $35. 
  3.25     Sec. 6.  Minnesota Statutes 1998, section 97A.475, 
  3.26  subdivision 8, is amended to read: 
  3.27     Subd. 8.  [MINNESOTA SPORTING.] The commissioner shall 
  3.28  issue Minnesota sporting licenses to residents only.  The 
  3.29  licensee may take fish by angling and small game.  The fee for 
  3.30  the license is:  
  3.31     (1) for an individual, $20 $23; and 
  3.32     (2) for a combined license for a married couple to take 
  3.33  fish and for one spouse to take small game, $27.50 $32.  
  3.34     Sec. 7.  Minnesota Statutes 1998, section 97A.475, 
  3.35  subdivision 11, is amended to read: 
  3.36     Subd. 11.  [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 
  4.1   for the following licenses are: 
  4.2      (1) for a fish house or dark house that is not 
  4.3   rented, $10 $11.50; and 
  4.4      (2) for a fish house or dark house that is rented, $23 $26. 
  4.5      Sec. 8.  Minnesota Statutes 1998, section 97A.475, 
  4.6   subdivision 12, is amended to read: 
  4.7      Subd. 12.  [FISH HOUSES; NONRESIDENT.] Fees for fish house 
  4.8   licenses for a nonresident are:  
  4.9      (1) annual, $31.50 $33; and 
  4.10     (2) seven consecutive days, $18.50 $19. 
  4.11     Sec. 9.  Minnesota Statutes 1998, section 97A.475, 
  4.12  subdivision 13, is amended to read: 
  4.13     Subd. 13.  [NETTING WHITEFISH AND CISCOES FOR PERSONAL 
  4.14  CONSUMPTION.] The fee for a license to net whitefish and ciscoes 
  4.15  in inland lakes and international waters for personal 
  4.16  consumption is, for each net, $9 $10. 
  4.17     Sec. 10.  Minnesota Statutes 1998, section 97A.475, 
  4.18  subdivision 20, is amended to read: 
  4.19     Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
  4.20  trap fur-bearing animals is: 
  4.21     (1) for persons over age 13 and under age 18, $5.50 $6; and 
  4.22     (2) for persons age 18 and older, $18 $20.  
  4.23     Sec. 11.  Minnesota Statutes 1998, section 97A.485, 
  4.24  subdivision 12, is amended to read: 
  4.25     Subd. 12.  [YOUTH DEER LICENSE.] The commissioner may, for 
  4.26  a fee of $5 $5.50, issue to a resident under the age of 16 a 
  4.27  license, without a tag, to take deer with firearms.  A youth 
  4.28  holding a license issued under this subdivision may hunt under 
  4.29  the license only if accompanied by a licensed hunter who is at 
  4.30  least 18 years of age and possesses a valid tag.  A deer taken 
  4.31  by a youth holding a license issued under this subdivision must 
  4.32  be promptly tagged by the licensed hunter accompanying the 
  4.33  youth.  Section 97B.301, subdivision 6, does not apply to a 
  4.34  youth holding a license issued under this subdivision. 
  4.35     Sec. 12.  Minnesota Statutes 1998, section 97B.071, is 
  4.36  amended to read: 
  5.1      97B.071 [BLAZE ORANGE REQUIREMENTS.] 
  5.2      (a) Except as provided in rules adopted under paragraph 
  5.3   (c), a person may not hunt or trap during the open season where 
  5.4   deer may be taken by firearms under applicable laws and 
  5.5   ordinances, unless the visible portion of the person's cap and 
  5.6   outer clothing above the waist, excluding sleeves and gloves, is 
  5.7   blaze orange.  Blaze orange includes a camouflage pattern of at 
  5.8   least 50 percent blaze orange within each foot square.  This 
  5.9   section does not apply to migratory waterfowl hunters on waters 
  5.10  of this state or in a stationary shooting location or to 
  5.11  trappers on waters of this state. 
  5.12     (b) Except as provided in rules adopted under paragraph 
  5.13  (c), and in addition to the requirement in paragraph (a), a 
  5.14  person may not take small game other than turkey, migratory 
  5.15  birds, raccoons, and predators, except when hunting with 
  5.16  nontoxic shot or while trapping, unless a visible portion of at 
  5.17  least one article of the person's clothing above the waist is 
  5.18  blaze orange.  This paragraph does not apply to a person hunting 
  5.19  by falconry.  
  5.20     (c) The commissioner may, by rule, prescribe an alternative 
  5.21  color in cases where paragraph (a) or (b) would violate the 
  5.22  Religious Freedom Restoration Act of 1993, Public Law Number 
  5.23  103-141. 
  5.24     (d) A violation of paragraph (b) shall not result in a 
  5.25  penalty, but is punishable only by a safety warning. 
  5.26     Sec. 13.  [APPROPRIATION.] 
  5.27     $4,100,000 in fiscal year 2000 and $4,100,000 in fiscal 
  5.28  year 2001 is appropriated from the game and fish fund to the 
  5.29  commissioner of natural resources for fish and wildlife 
  5.30  enhancement. 
  5.31     Sec. 14.  [EFFECTIVE DATE.] 
  5.32     Sections 2 to 11 are effective on March 1, 2000.