SF 1298

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; authorizing grants for 
  1.3             aquatic restoration; clarifying construction of law 
  1.4             relating to decoys; providing for disposition of 
  1.5             federal aid; providing for compliance with federal 
  1.6             law; modifying turtle licensing and taking provisions; 
  1.7             modifying tagging requirements for certain fur-bearing 
  1.8             animals; establishing daily and possession limits for 
  1.9             yellow perch; providing penalties; amending Minnesota 
  1.10            Statutes 2000, sections 17.47, subdivision 7; 84.027, 
  1.11            by adding a subdivision; 97A.021, subdivision 3; 
  1.12            97A.055, by adding a subdivision; 97A.475, subdivision 
  1.13            41; 97B.603; 97B.901; 97C.605; and 97C.611; proposing 
  1.14            coding for new law in Minnesota Statutes, chapters 
  1.15            97A; and 97C; repealing Minnesota Statutes 2000, 
  1.16            section 16A.68; Minnesota Rules, parts 6256.0500, 
  1.17            subpart 2; and 6266.0600, subpart 8. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 2000, section 17.47, 
  1.20  subdivision 7, is amended to read: 
  1.21     Subd. 7.  [PRIVATE AQUATIC LIFE.] "Private aquatic life" 
  1.22  means fish, shellfish, mollusks, crustaceans, turtles, and any 
  1.23  other aquatic animals cultured within an aquatic farm.  Private 
  1.24  aquatic life is the property of the aquatic farmer. 
  1.25     Sec. 2.  Minnesota Statutes 2000, section 84.027, is 
  1.26  amended by adding a subdivision to read: 
  1.27     Subd. 16.  [AQUATIC RESTORATION GRANTS.] The commissioner 
  1.28  may make grants for aquatic restoration projects, research, and 
  1.29  propagation. 
  1.30     Sec. 3.  Minnesota Statutes 2000, section 97A.021, 
  1.31  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [PARTS AND DECOYS OF WILD ANIMALS.] A provision 
  2.2   relating to a wild animal applies in the same manner to a part 
  2.3   of the wild animal and includes decoys of wild animals placed by 
  2.4   a licensed peace officer.  
  2.5      Sec. 4.  Minnesota Statutes 2000, section 97A.055, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 2a.  [FEDERAL FUNDS TO THE GAME AND FISH FUND.] (a) 
  2.8   Federal aid reimbursements under the Federal Aid in Wildlife 
  2.9   Restoration Act, as provided by United States Code, title 16, 
  2.10  sections 669 to 669i, shall be deposited in the game and fish 
  2.11  fund. 
  2.12     (b) Federal aid reimbursements under the Federal Aid in 
  2.13  Fish Restoration Act, as provided by United States Code, title 
  2.14  16, sections 777 to 777k, shall be deposited in the game and 
  2.15  fish fund. 
  2.16     Sec. 5.  [97A.057] [FEDERAL LAW COMPLIANCE; RESTRICTIONS ON 
  2.17  LICENSE REVENUE.] 
  2.18     Subdivision 1.  [COMPLIANCE.] The commissioner shall take 
  2.19  the action necessary to comply with the Federal Aid in Wildlife 
  2.20  Restoration Act, as provided by United States Code, title 16, 
  2.21  sections 669 to 669i, and the Federal Aid in Fish Restoration 
  2.22  Act, as provided by United States Code, title 16, sections 777 
  2.23  to 777k. 
  2.24     Subd. 2.  [RESTRICTIONS ON LICENSE REVENUE.] Money accruing 
  2.25  to the state from fees charged for hunting and angling licenses 
  2.26  shall not be used for any purpose other than game and fish and 
  2.27  related activities under the administration of the commissioner. 
  2.28     Sec. 6.  Minnesota Statutes 2000, section 97A.475, 
  2.29  subdivision 41, is amended to read: 
  2.30     Subd. 41.  [TURTLE SELLERS LICENSES.] (a) The fee for a 
  2.31  turtle seller's license to sell turtles and to take, transport, 
  2.32  purchase buy, and possess turtles for sale is $70.  
  2.33     (b) The fee for a recreational turtle license to take, 
  2.34  transport, and possess turtles is $25. 
  2.35     (c) The fee for a turtle seller's apprentice license is $25.
  2.36     (d) Except for renewals, no new licenses may be issued 
  3.1   after June 1, 2001. 
  3.2      Sec. 7.  Minnesota Statutes 2000, section 97B.603, is 
  3.3   amended to read: 
  3.4      97B.603 [TAKING SMALL GAME AS A PARTY HUNTING.] 
  3.5      While two or more persons are hunting taking small game as 
  3.6   a party and maintaining unaided visual and vocal contact, a 
  3.7   member of the party may take and possess more than one limit of 
  3.8   small game, but the total number of small game taken and 
  3.9   possessed by the party may not exceed the limit of the number of 
  3.10  persons in the party that may take and possess small game.  This 
  3.11  section does not apply to the hunting of migratory game birds or 
  3.12  turkeys, except that a licensed turkey hunter may assist another 
  3.13  licensed turkey hunter for the same zone and time period as long 
  3.14  as the hunter does not shoot or tag a turkey for the other 
  3.15  hunter. 
  3.16     Sec. 8.  Minnesota Statutes 2000, section 97B.901, is 
  3.17  amended to read: 
  3.18     97B.901 [COMMISSIONER MAY REQUIRE TAGS ON REGISTRATION AND 
  3.19  TAGGING OF FUR-BEARING ANIMALS.] 
  3.20     (a) The commissioner may, by rule, require persons taking, 
  3.21  possessing, and transporting fur-bearing animals to tag the 
  3.22  animals.  The commissioner shall prescribe the manner of 
  3.23  issuance and the type of tag, which must show the year of 
  3.24  issuance.  The commissioner shall issue the tag, without a fee, 
  3.25  upon request. 
  3.26     (b) The pelt of each bobcat, fisher, pine marten, and otter 
  3.27  must be presented, by the person taking it, to a state wildlife 
  3.28  manager designee for registration before the pelt is sold and 
  3.29  before the pelt is transported out of the state, but in no event 
  3.30  more than 48 hours after the season closes for the species.  
  3.31  Until March 1, 2003, a possession or site tag is not required 
  3.32  prior to registration of the fisher, pine marten, or otter. 
  3.33     Sec. 9.  [97C.404] [YELLOW PERCH LIMITS.] 
  3.34     Subdivision 1.  [LIMITS.] The daily limit for yellow perch 
  3.35  is 20.  The possession limit for yellow perch is 50. 
  3.36     Subd. 2.  [EXPIRATION.] This section expires on the date 
  4.1   prescribed for opening under section 97C.395, subdivision 1, 
  4.2   paragraph (a), clause (1), in 2004. 
  4.3      Sec. 10.  Minnesota Statutes 2000, section 97C.605, is 
  4.4   amended to read: 
  4.5      97C.605 [TURTLES.] 
  4.6      Subdivision 1.  [RESIDENT ANGLING LICENSE REQUIRED.] A 
  4.7   person may not take, possess, or transport turtles without an a 
  4.8   resident angling license, except as provided in subdivision 2 2c.
  4.9      Subd. 2.  [TURTLE SELLER'S LICENSE.] (a) A person may not 
  4.10  take, buy, possess, or transport, or purchase turtles for sale, 
  4.11  sell turtles, or take turtles for sale using commercial 
  4.12  equipment, as described in subdivision 3a, without a turtle 
  4.13  seller's license, except as provided in this subdivision 2c. 
  4.14     Subd. 2a.  [RECREATIONAL TURTLE LICENSE.] A person who does 
  4.15  not possess a turtle seller's license may take turtles for 
  4.16  personal use with commercial equipment, as described in 
  4.17  subdivision 3a, with a recreational turtle license. 
  4.18     Subd. 2b.  [TURTLE SELLER'S APPRENTICE LICENSE.] (a) A 
  4.19  person with a turtle seller's license may list one person as an 
  4.20  apprentice on the license.  A person acting as an apprentice for 
  4.21  a turtle seller licensee must have an apprentice license and may 
  4.22  assist the turtle licensee in all licensed activities. 
  4.23     (b) The turtle seller licensee or the turtle seller's 
  4.24  apprentice licensee must be present at all turtle operations 
  4.25  conducted under the turtle seller license.  Turtle operations 
  4.26  include going to and from turtle harvest locations; setting, 
  4.27  lifting, and removing commercial turtle equipment; and 
  4.28  transporting turtles from harvest locations. 
  4.29     (c) A turtle seller's apprentice license is transferable by 
  4.30  the turtle seller licensee by making application to the 
  4.31  commissioner.  A person listed as an apprentice by a turtle 
  4.32  seller licensee must not be listed as an apprentice by another 
  4.33  turtle seller licensee nor may an apprentice possess a turtle 
  4.34  seller's license or a recreational turtle license. 
  4.35     (b) Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need 
  4.36  a turtle seller's license or an angling license: 
  5.1      (1) when buying turtles for resale at a retail outlet; 
  5.2      (2) when buying a turtle at a retail outlet; or 
  5.3      (3) if the person is a nonresident buying a turtle from a 
  5.4   licensed turtle seller for export out of state.  Shipping 
  5.5   documents provided by the turtle seller must accompany each 
  5.6   shipment exported out of state by a nonresident.  Shipping 
  5.7   documents must include:  name, address, city, state, and zip 
  5.8   code of the buyer; number of each species of turtle; and name 
  5.9   and license number of the turtle seller.  
  5.10     Subd. 3.  [TAKING; METHODS PROHIBITED.] (a) Except as 
  5.11  allowed in paragraph (b), A person may take turtles in any 
  5.12  manner, except by the use of: 
  5.13     (1) explosives, drugs, poisons, lime, and other harmful 
  5.14  substances; 
  5.15     (2) traps, except as provided under subdivision 3a; or 
  5.16     (3) nets other than anglers' fish landing nets; or 
  5.17     (4) commercial equipment, except as provided under 
  5.18  subdivision 3a.  
  5.19     (b) A person with a turtle seller's license may take 
  5.20  turtles with a floating turtle trap that: 
  5.21     (1) has one or more openings above the water surface that 
  5.22  measure at least ten inches by four inches; and 
  5.23     (2) has a mesh size of not less than one-half inch, bar 
  5.24  measure. 
  5.25  The commissioner may prescribe additional regulations for taking 
  5.26  turtles for sale. 
  5.27     Subd. 3a.  [COMMERCIAL EQUIPMENT FOR TAKING TURTLES.] (a) A 
  5.28  person with a turtle seller's license or a recreational turtle 
  5.29  license may take turtles with a floating or submerged turtle 
  5.30  trap, turtle hooks, and other commercial equipment authorized by 
  5.31  the commissioner. 
  5.32     (b) Floating traps must have: 
  5.33     (1) one or more openings above the water surface that 
  5.34  measure at least ten inches by four inches; and 
  5.35     (2) a mesh size of not less than one-half inch, bar measure.
  5.36     (c) Submerged traps must be constructed of either flexible 
  6.1   webbing or wire.  Flexible webbing traps must be of a mesh size 
  6.2   not less than 3 1/2 inches bar measure or seven inches stretch 
  6.3   measure.  Wire traps must be of a mesh size not less than 
  6.4   two-inch by four-inch bar measure and must have one square 
  6.5   opening on the top at least four inches on a side and two square 
  6.6   openings of the same dimension on each of the side panels near 
  6.7   the top of the trap. 
  6.8      (d) A person with a turtle seller's license must not 
  6.9   operate more than 40 total turtle traps. 
  6.10     (e) A person with a recreational turtle license may use 
  6.11  floating or submerged turtle traps, but must not operate more 
  6.12  than three total turtle traps. 
  6.13     (f) The commissioner shall issue 80 identification tags for 
  6.14  turtle traps to a turtle seller licensee and three turtle trap 
  6.15  identification tags to a recreational turtle licensee.  Tags 
  6.16  must be attached to submerged and floating traps at all times.  
  6.17  Lost tags must be reported within 48 hours to the local 
  6.18  conservation officer or the commercial fisheries program 
  6.19  consultant.  The commissioner may reissue tags upon request. 
  6.20     (g) A person with a turtle seller's license must keep a 
  6.21  daily log documenting the location of each floating or submerged 
  6.22  turtle trap.  The log must be made available to the commissioner 
  6.23  for inspection upon request. 
  6.24     Subd. 3b.  [INTERFERENCE WITH COMMERCIAL OR RECREATIONAL 
  6.25  TURTLE OPERATIONS.] A person may not: 
  6.26     (1) knowingly place or maintain an obstruction that will 
  6.27  hinder, prevent, or interfere with a licensed turtle operation; 
  6.28     (2) remove turtles, other wild animals, or fish from a 
  6.29  floating or submerged trap licensed under the game and fish 
  6.30  laws; or 
  6.31     (3) knowingly damage, disturb, or interfere with a licensed 
  6.32  turtle operation. 
  6.33     Subd. 4.  [ARTIFICIAL LIGHTS.] The commissioner may issue 
  6.34  permits to take turtles with the use of artificial lights in 
  6.35  designated waters.  
  6.36     Subd. 5.  [RULES.] The commissioner may adopt rules for 
  7.1   taking turtles.  The commissioner may prescribe seasons, limits, 
  7.2   closed areas, and other restrictions and requirements the 
  7.3   commissioner deems necessary for the conservation of turtles. 
  7.4      Sec. 11.  Minnesota Statutes 2000, section 97C.611, is 
  7.5   amended to read: 
  7.6      97C.611 [SNAPPING TURTLES; LIMITS.] 
  7.7      A person may not possess more than three snapping turtles 
  7.8   of the species Chelydra serpentina without a turtle seller's 
  7.9   license.  A person, including a licensed turtle seller, 
  7.10  recreational turtle licensee, or turtle seller's apprentice, may 
  7.11  not take snapping turtles of a size less than ten inches wide 
  7.12  including curvature, measured from side to side across the shell 
  7.13  at midpoint. 
  7.14     Sec. 12.  [97C.612] [WESTERN PAINTED TURTLES; LIMITS.] 
  7.15     A licensed turtle seller, a recreational turtle licensee, 
  7.16  or a turtle seller's apprentice may not take western painted 
  7.17  turtles greater than five inches in shell length. 
  7.18     Sec. 13.  [REPEALER.] 
  7.19     Minnesota Statutes 2000, section 16A.68, is repealed.  
  7.20  Minnesota Rules, parts 6256.0500, subpart 2; and 6266.0600, 
  7.21  subpart 8, are repealed. 
  7.22     Sec. 14.  [EFFECTIVE DATE.] 
  7.23     Sections 6 and 10 to 12 are effective the day following 
  7.24  final enactment.