3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resources; modifying fish habitat, 1.3 harvest, and propagation provisions; authorizing the 1.4 commissioner to establish special hunts for youth; 1.5 permitting youth residents to hunt deer without a 1.6 license tag; authorizing the commissioner to sell 1.7 merchandise; modifying watercraft provisions; 1.8 modifying trapping provisions; modifying stamp 1.9 provisions; modifying the procedure for vacating or 1.10 modifying a state game refuge; defining terms; 1.11 modifying hunting provisions; modifying license 1.12 provisions; modifying recreational motor vehicle 1.13 provisions; modifying special license plate 1.14 provisions; modifying provisions relating to personal 1.15 flotation devices; establishing firearms safety pilot 1.16 program; requiring reports; providing civil penalties; 1.17 appropriating money; amending Minnesota Statutes 1996, 1.18 sections 17.4982, by adding subdivisions; 17.4983, by 1.19 adding a subdivision; 17.4998; 84.0855; 84.82, 1.20 subdivision 2; 84.87, subdivision 2; 84.872, by adding 1.21 a subdivision; 84.873; 86B.201, by adding a 1.22 subdivision; 97A.015, subdivisions 49, 53, and by 1.23 adding a subdivision; 97A.045, subdivision 7; 97A.075, 1.24 subdivision 3; 97A.085, subdivision 8; 97A.101, by 1.25 adding a subdivision; 97A.411, subdivisions 1 and 3; 1.26 97A.421, subdivision 1; 97A.465, subdivision 4; 1.27 97A.475, subdivisions 2 and 3; 97A.485, subdivisions 1.28 6, 9, and by adding a subdivision; 97B.055, 1.29 subdivision 2; 97B.075; 97B.211, subdivision 1; 1.30 97B.301, subdivision 6; 97B.655, subdivision 1; 1.31 97C.035, subdivision 1; 97C.211, subdivision 1, and by 1.32 adding a subdivision; 97C.321, subdivision 1; 97C.505, 1.33 by adding a subdivision; 97C.801, subdivision 2; 1.34 168.1291; 168.1296, subdivision 1; and 609.487, by 1.35 adding a subdivision; Laws 1993, chapter 273, as 1.36 amended; Laws 1996, chapter 410, section 56; proposing 1.37 coding for new law in Minnesota Statutes, chapter 97B; 1.38 repealing Minnesota Statutes 1996, sections 97A.111; 1.39 and 97C.801, subdivision 1. 1.40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.41 Section 1. Minnesota Statutes 1996, section 17.4982, is 1.42 amended by adding a subdivision to read: 2.1 Subd. 18a. [NONINDIGENOUS SPECIES.] "Nonindigenous species" 2.2 means a species of fish or other aquatic life that is: 2.3 (1) not known to have been historically present in the 2.4 state; 2.5 (2) not known to be naturally occurring in a particular 2.6 part of the state; or 2.7 (3) designated by rule as a prohibited or restricted exotic 2.8 species. 2.9 Sec. 2. Minnesota Statutes 1996, section 17.4982, is 2.10 amended by adding a subdivision to read: 2.11 Subd. 18b. [NONINDIGENOUS STRAIN.] "Nonindigenous strain" 2.12 means a species of fish or other aquatic life that: 2.13 (1) has an original source outside of this state and 2.14 contiguous states; 2.15 (2) is an unnaturally occurring hybrid or genetically 2.16 engineered species; or 2.17 (3) in areas north of marked state highway 210, is a 2.18 walleye, the original source of which is from south of marked 2.19 state highway 210 or from outside the state. 2.20 Sec. 3. Minnesota Statutes 1996, section 17.4982, is 2.21 amended by adding a subdivision to read: 2.22 Subd. 18c. [PROCESSING.] "Processing" means rendering a 2.23 species of aquatic life for food, bait, or other purposes so 2.24 that it is no longer alive. 2.25 Sec. 4. Minnesota Statutes 1996, section 17.4983, is 2.26 amended by adding a subdivision to read: 2.27 Subd. 8. [INTERFERENCE PROHIBITED.] A person may not 2.28 knowingly damage, disturb, or interfere with legal aquatic farm 2.29 operations. 2.30 Sec. 5. Minnesota Statutes 1996, section 17.4998, is 2.31 amended to read: 2.32 17.4998 [VIOLATIONS; PENALTY.] 2.33 Subdivision 1. [MISDEMEANOR.] Unless a different penalty 2.34 is prescribed, a violation of a provision of sections 17.4981 to 2.35 17.4997 or a rule of the commissioner governing the operation of 2.36 an aquatic farm, private fish hatchery, or quarantine facility 3.1 is a misdemeanor. 3.2 Subd. 2. [PETTY MISDEMEANOR.] A first and second 3.3 violation, within a three-year period, of sections 17.4981 to 3.4 17.4997 or a rule of the commissioner governing the operation of 3.5 an aquatic farm, private fish hatchery, or quarantine facility 3.6 is a petty misdemeanor if it does not involve intentionally 3.7 falsifying records and does not put public waters or other fish 3.8 hatchery facilities at risk from harmful nonindigenous species, 3.9 nonindigenous strains, or emergency fish diseases. 3.10 Subd. 3. [LICENSE VOID.] The license of a person convicted 3.11 of a violation of sections 17.4981 to 17.4997 or a rule of the 3.12 commissioner governing the operation of an aquatic farm, private 3.13 fish hatchery, or quarantine facility is void for a period of 3.14 one year after the conviction if the person is convicted of two 3.15 or more misdemeanors within a three-year period. If the 3.16 commissioner determines that the public welfare will not be 3.17 injured, the commissioner may reinstate a license voided under 3.18 this subdivision. 3.19 Sec. 6. Minnesota Statutes 1996, section 84.0855, is 3.20 amended to read: 3.21 84.0855 [
SPECIALSALES; RECEIPTS; APPROPRIATION.] 3.22 Subdivision 1. [SALES AUTHORIZED; GIFT CERTIFICATES.] The 3.23 commissioner may sell natural resources-related publications and 3.24 maps; federal migratory waterfowl, junior duck, and other 3.25 federal stamps; and other nature-related merchandise, and may 3.26 rent or sell items for the convenience of persons using 3.27 department of natural resources facilities or services. The 3.28 commissioner may sell gift certificates for any items rented or 3.29 sold. Notwithstanding section 16A.1285, a fee charged by the 3.30 commissioner under this section may include a reasonable amount 3.31 in excess of the actual cost to support department of natural 3.32 resources programs. The commissioner may advertise the 3.33 availability of a program or item offered under this section. 3.34 Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the 3.35 commissioner of natural resources as fees for seminars or3.36 workshops, from the sale of publications and maps, from the sale4.1 of other natural resource related merchandise,under this 4.2 section or to buy supplies for the use of volunteers, may be 4.3 credited to one or more special accounts in the state treasury 4.4 and is appropriated to the commissioner for the purposes for 4.5 which the money was received. Money received from sales at the 4.6 state fair shall be available for state fair related costs. 4.7 Sec. 7. Minnesota Statutes 1996, section 84.82, 4.8 subdivision 2, is amended to read: 4.9 Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 4.10 (a) Application for registration or reregistration shall be made 4.11 to the commissioner of natural resources, or the commissioner of 4.12 public safety or an authorized deputy registrar of motor 4.13 vehicles in such form as the commissioner of public safety shall 4.14 prescribe, and shall state the legal name and address of every 4.15 owner of the snowmobile and be signed by at least one owner. 4.16 (b) A person who purchases a snowmobile from a retail 4.17 dealer shall make application for registration to the dealer at 4.18 the point of sale. The dealer shall issue a temporary 4.19 registration permit to each purchaser who applies to the dealer 4.20 for registration. The temporary registration is valid for 60 4.21 days from the date of issue. Each retail dealer shall submit 4.22 completed registration and fees to the deputy registrar at least 4.23 once a week. Upon receipt of the application and the 4.24 appropriate fee as hereinafter provided, such snowmobile shall 4.25 be registered and a registration number assigned which shall be 4.26 affixed to the snowmobile in sucha clearly visible and 4.27 permanent manner for enforcement purposes as the commissioner of 4.28 natural resources shall prescribe. 4.29 (c) Each deputy registrar of motor vehicles acting pursuant 4.30 to section 168.33, shall also be a deputy registrar of 4.31 snowmobiles. The commissioner of natural resources in agreement 4.32 with the commissioner of public safety may prescribe the 4.33 accounting and procedural requirements necessary to assure 4.34 efficient handling of registrations and registration fees. 4.35 Deputy registrars shall strictly comply with these accounting 4.36 and procedural requirements. 5.1 (d) A fee of $2 in addition to that otherwise prescribed by 5.2 law shall be charged for: 5.3 (1) each snowmobile registered by the registrar or a deputy 5.4 registrar and the additional fee shall be disposed of in the 5.5 manner provided in section 168.33, subdivision 2; or 5.6 (2) each snowmobile registered by the commissioner and the 5.7 additional fee shall be deposited in the state treasury and 5.8 credited to the snowmobile trails and enforcement account in the 5.9 natural resources fund. 5.10 Sec. 8. Minnesota Statutes 1996, section 84.87, 5.11 subdivision 2, is amended to read: 5.12 Subd. 2. [OPERATION GENERALLY.] It shall be unlawful for 5.13 any person to drive or operate any snowmobile in the following 5.14 unsafe or harassing ways: 5.15 (a)(1) at a rate of speed greater than reasonable or 5.16 proper under all the surrounding circumstances; 5.17 (b)(2) in a careless, reckless or negligent manner so as 5.18 to endanger the person or property of another or to cause injury 5.19 or damage thereto; 5.20 (c)(3) without a lighted head and taillight when required 5.21 for safety; or 5.22 (d)(4) in any tree nursery or planting in a manner which 5.23 damages or destroys growing stock. 5.24 Sec. 9. Minnesota Statutes 1996, section 84.872, is 5.25 amended by adding a subdivision to read: 5.26 Subd. 1a. [HELMET REQUIRED.] (a) No person under the age 5.27 of 18 shall operate or ride a snowmobile in this state without 5.28 wearing protective headgear that complies with standards 5.29 established by the commissioner of public safety. 5.30 (b) The provisions of this subdivision shall not apply to 5.31 persons during their participation in a parade that has been 5.32 granted a permit or other official authorization by a local unit 5.33 of government or to a person operating a snowmobile on land that 5.34 is owned by the person or the person's parents, grandparents, 5.35 siblings, uncles, or aunts. 5.36 Sec. 10. Minnesota Statutes 1996, section 84.873, is 6.1 amended to read: 6.2 84.873 [SIGNAL FROM OFFICER TO STOP.] 6.3 It is unlawful for a snowmobile operator, after having 6.4 received a visual or audible signal from any law enforcement 6.5 officer to come to a stop, to (a)(1) operate a snowmobile in 6.6 willful or wanton disregard of such signal, or (b)(2) interfere 6.7 with or endanger the law enforcement officer or any other person 6.8 or vehicle , or (c) increase speed or attempt to flee or elude6.9 the officer. 6.10 Sec. 11. Minnesota Statutes 1996, section 86B.201, is 6.11 amended by adding a subdivision to read: 6.12 Subd. 3. [NONMOTORIZED CARRY-ON ACCESS.] A person may 6.13 access any public waters through public land with a hand-carried 6.14 nonmotorized watercraft. 6.15 Sec. 12. Minnesota Statutes 1996, section 97A.015, is 6.16 amended by adding a subdivision to read: 6.17 Subd. 37a. [PROCESSING.] "Processing" means rendering a 6.18 species of aquatic life for food, bait, or other purposes so 6.19 that it is no longer alive. 6.20 Sec. 13. Minnesota Statutes 1996, section 97A.015, 6.21 subdivision 49, is amended to read: 6.22 Subd. 49. [UNDRESSED BIRD.] "Undressed bird" means: 6.23 (1) a bird, excluding migratory waterfowl, pheasant, 6.24 Hungarian partridge, or grouse, with feet and feathered head 6.25 intact; 6.26 (2) a migratory waterfowl, excluding geese, with a fully 6.27 feathered wing and head attached; or6.28 (3) a pheasant, Hungarian partridge, or grouse with one leg 6.29 and foot or the fully feathered head or wing intact; or 6.30 (4) a goose with a fully feathered wing attached. 6.31 Sec. 14. Minnesota Statutes 1996, section 97A.015, 6.32 subdivision 53, is amended to read: 6.33 Subd. 53. [UNPROTECTED WILD ANIMALS.] "Unprotected wild 6.34 animals" means wild animals that are not protected wild animals 6.35 including weasel, coyote (brush wolf), gopher, 6.36 porcupine, striped skunk, civet cat,and unprotected birds. 7.1 Sec. 15. Minnesota Statutes 1996, section 97A.045, 7.2 subdivision 7, is amended to read: 7.3 Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 7.4 (a) The commissioner shall encourage the purchase of: 7.5 (1) Minnesota migratory waterfowl stamps by nonhunters 7.6 interested in themigratory waterfowl preservation and habitat 7.7 development; 7.8 (2) pheasant stamps by persons interested in pheasant 7.9 habitat improvement; and7.10 (3) trout and salmon stamps by persons interested in trout 7.11 and salmon stream and lake improvement; and 7.12 (4) turkey stamps by persons interested in wild turkey 7.13 management and habitat improvement. 7.14 (b) The commissioner shall make rules governing contests 7.15 for selecting a design for each stamp. 7.16 Sec. 16. Minnesota Statutes 1996, section 97A.075, 7.17 subdivision 3, is amended to read: 7.18 Subd. 3. [TROUT AND SALMON STAMP.] (a) Ninety percent of 7.19 the revenue from trout and salmon stamps must be credited to the 7.20 trout and salmon management account. Money in the account may 7.21 be used only for: 7.22 (1) the development, restoration, maintenance, and 7.23 preservation of trout streams and lakes; and7.24 (2) rearing and stockingof trout and salmon and stocking 7.25 of trout and salmon in troutstreams and lakes and Lake 7.26 Superior; 7.27 (3) acquisition of easements and fee title along trout 7.28 waters; 7.29 (4) identifying easement and fee title areas along trout 7.30 waters; and 7.31 (5) research and special management projects on Lake 7.32 Superior and the anadromous portions of its tributaries. 7.33 (b) Money in the account may not be used for costs unless 7.34 they are directly related to a specific parcel of land or body 7.35 of water under paragraph (a) or to specific fish rearing 7.36 activities under paragraph (a), clause (2). 8.1 Sec. 17. Minnesota Statutes 1996, section 97A.085, 8.2 subdivision 8, is amended to read: 8.3 Subd. 8. [MODIFICATION OR ABANDONMENT.] A state game 8.4 refuge may be vacated or modified by the commissioner under the 8.5 same procedures required for establishment of the refuge, except 8.6 that a refuge established or modified under subdivision 2 or 3 8.7 may be vacated or modified following a public hearing as 8.8 specified in subdivision 4a. 8.9 Sec. 18. Minnesota Statutes 1996, section 97A.101, is 8.10 amended by adding a subdivision to read: 8.11 Subd. 4. [RESTRICTIONS ON AIRBOATS, WATERCRAFT, AND 8.12 RECREATIONAL VEHICLES.] (a) The use of airboats is prohibited at 8.13 all times on lakes designated for wildlife management purposes 8.14 under this section unless otherwise authorized by the 8.15 commissioner. 8.16 (b) The commissioner may restrict the use of motorized 8.17 watercraft and recreational vehicles on lakes designated for 8.18 wildlife management purposes by posting all public access points 8.19 on the designated lake. 8.20 Sec. 19. Minnesota Statutes 1996, section 97A.411, 8.21 subdivision 1, is amended to read: 8.22 Subdivision 1. [LICENSE PERIOD.] (a) Except as provided in 8.23 paragraph (b), a license is valid during the lawful time within 8.24 the license year that the licensed activity may be performed. A 8.25 license year begins on the first day of March and ends on the 8.26 last day of February. 8.27 (b) A license issued under section 97A.475, subdivision 6, 8.28 clause (5), or section 97A.475, subdivision 7, clause (2), (3), 8.29 (5), or (6), or 97A.475, subdivision 12, clause (2), is valid 8.30 for the full license period even if this period extends into the 8.31 next license year, provided that the license period selected by 8.32 the licensee begins at the time of issuance. 8.33 Sec. 20. Minnesota Statutes 1996, section 97A.411, 8.34 subdivision 3, is amended to read: 8.35 Subd. 3. [ ARCHERYDEER LICENSE.] (a) Except as provided in 8.36 paragraphparagraphs (b) and c, a license to take deer by 9.1 archery, firearms, or muzzleloader issued after the opening of 9.2 the related archery, firearms, or muzzleloader deer season, 9.3 respectively, is not valid until the fifthsecond day after it 9.4 is issued. 9.5 (b) The commissioner may issue a license to take a second9.6 additional deer by archeryunder section 97B.301, subdivision 4, 9.7 that is valid immediately upon issuance. 9.8 (c) Paragraph (a) does not apply to deer licenses for 9.9 discharged military personnel under section 97A.465, subdivision 9.10 4. 9.11 Sec. 21. Minnesota Statutes 1996, section 97A.421, 9.12 subdivision 1, is amended to read: 9.13 Subdivision 1. [GENERAL.] (a) The license of a person 9.14 convicted of a violation of the game and fish laws relating to 9.15 the license or wild animals covered by the license is void when: 9.16 (1) a second conviction occurs within three years under a 9.17 license to take small game or to take fish by angling or 9.18 spearing; 9.19 (2) a third conviction occurs within one year under a 9.20 minnow dealer's license; 9.21 (3) a second conviction occurs within three years for 9.22 violations of section 97A.425 that do not involve falsifications 9.23 or intentional omissions of information required to be recorded, 9.24 or attempts to conceal unlawful acts within the records; or9.25 (4) two or more misdemeanor convictions occur within a 9.26 three-year period under a private fish hatchery license; or 9.27 (5) the conviction occurs under a license not described in 9.28 clause (1) or, (2), or (4) or is for a violation of section 9.29 97A.425 not described in clause (3). 9.30 (b) Except for big game licenses and as otherwise provided 9.31 in this section, for one year after the conviction the person 9.32 may not obtain the kind of license relating to the game and fish 9.33 law violation. 9.34 Sec. 22. Minnesota Statutes 1996, section 97A.465, 9.35 subdivision 4, is amended to read: 9.36 Subd. 4. [DISCHARGED RESIDENT; OBTAINING DEER LICENSE 10.1 DURING SEASON.] Notwithstanding section 97A.485, subdivision 9,10.2 A resident who is discharged from the United States armed forces 10.3 during, or within ten days before, the firearms deer season may, 10.4 upon showing the official discharge paper, obtain a firearm deer 10.5 license during the season that is valid immediately upon 10.6 issuance. 10.7 Sec. 23. Minnesota Statutes 1996, section 97A.475, 10.8 subdivision 2, is amended to read: 10.9 Subd. 2. [RESIDENT HUNTING.] Fees for the following 10.10 licenses, to be issued to residents only, are: 10.11 (1) for persons under age 65 to take small game, $10; 10.12 (2) for persons age 65 or over, $5; 10.13 (3) to take turkey, $16; 10.14 (4) to take deer with firearms, $22; 10.15 (5) to take deer by archery, $22; 10.16 (6) to take moose, for a party of not more than six 10.17 persons, $275; 10.18 (7) to take bear, $33; 10.19 (8) to take elk, for a party of not more than two persons, 10.20 $220; and10.21 (9) to take antlered deer in more than one zone, $44; and 10.22 (10) to take Canada geese during a special season, $3. 10.23 Sec. 24. Minnesota Statutes 1996, section 97A.475, 10.24 subdivision 3, is amended to read: 10.25 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 10.26 licenses, to be issued to nonresidents, are: 10.27 (1) to take small game, $56; 10.28 (2) to take deer with firearms, $110; 10.29 (3) to take deer by archery, $110; 10.30 (4) to take bear, $165; 10.31 (5) to take turkey, $56; 10.32 (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; 10.33 and10.34 (7) to take antlered deer in more than one zone, $220; and 10.35 (8) to take Canada geese during a special season, $3. 10.36 Sec. 25. Minnesota Statutes 1996, section 97A.485, 11.1 subdivision 6, is amended to read: 11.2 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 11.3 Persons authorized to sell licenses under this section must sell 11.4 the following licenses for the license fee and the following 11.5 issuing fees: 11.6 (1) to take deer or bear with firearms and by archery, the 11.7 issuing fee is $1; 11.8 (2) Minnesota sporting, the issuing fee is $1; and 11.9 (3) to take small game, for a person under age 65 to take 11.10 fish by angling or for a person of any age to take fish by 11.11 spearing, and to trap fur-bearing animals, the issuing fee is 11.12 $1; 11.13 (4) for a trout and salmon stamp that is not issued 11.14 simultaneously with an angling or sporting license, an issuing 11.15 fee of 50 cents may be charged at the discretion of the 11.16 authorized seller; and 11.17 (5) for stamps other than a trout and salmon stamp, and for 11.18 a special season Canada goose license, there is no fee. 11.19 (b) An issuing fee may not be collected for issuance of a 11.20 trout and salmon stamp if a stamp is issued simultaneously with 11.21 the related angling or sporting license. Only one issuing fee 11.22 may be collected when selling more than one trout and salmon 11.23 stamp in the same transaction after the end of the season for 11.24 which the stamp was issued. 11.25 (c) The auditor or subagent shall keep the issuing fee as a 11.26 commission for selling the licenses. 11.27 (d) The commissioner shall collect the issuing fee on 11.28 licenses sold by the commissioner. 11.29 (e) A license, except stamps, must state the amount of the 11.30 issuing fee and that the issuing fee is kept by the seller as a 11.31 commission for selling the licenses. 11.32 (f) For duplicate licenses, the issuing fees are: 11.33 (1) for licenses to take big game, 75 cents; and 11.34 (2) for other licenses, 50 cents. 11.35 Sec. 26. Minnesota Statutes 1996, section 97A.485, 11.36 subdivision 9, is amended to read: 12.1 Subd. 9. [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON 12.2 OPENS.] (a)The following licenses may not be issued after the 12.3 day before the opening of the related firearms season: 12.4 (1) to take deer with firearms, except a license to take12.5 more than one deer under section 97B.301, subdivision 4;12.6 (2)to guide bear hunters; and 12.7 (3)(2) to guide turkey hunters. 12.8 (b) Paragraph (a) does not apply to deer licenses for12.9 discharged military personnel under section 97A.465, subdivision12.10 4.12.11 (c) A nonresident license or tag to take and possess12.12 raccoon, bobcat, Canada lynx, or fox may not be issued after the12.13 fifth day of the open season.12.14 Sec. 27. Minnesota Statutes 1996, section 97A.485, is 12.15 amended by adding a subdivision to read: 12.16 Subd. 12. [YOUTH DEER LICENSE.] The commissioner may, for 12.17 a fee of $5, issue to a resident under the age of 16 a license, 12.18 without a tag, to take deer with firearms. A youth holding a 12.19 license issued under this subdivision may hunt under the license 12.20 only if accompanied by a licensed hunter who is at least 18 12.21 years of age and possesses a valid tag. A deer taken by a youth 12.22 holding a license issued under this subdivision must be promptly 12.23 tagged by the licensed hunter accompanying the youth. Section 12.24 97B.301, subdivision 6, does not apply to a youth holding a 12.25 license issued under this subdivision. 12.26 Sec. 28. Minnesota Statutes 1996, section 97B.055, 12.27 subdivision 2, is amended to read: 12.28 Subd. 2. [RESTRICTIONS RELATED TO MOTOR VEHICLE.] A person 12.29 may not take a wild animal with a firearm or by archery from a 12.30 motor vehicle except as permitted in this section. An archer in 12.31 a permitted bow fishing tournament may transport the bow uncased 12.32 while in an electric motor-powered boat. 12.33 Sec. 29. Minnesota Statutes 1996, section 97B.075, is 12.34 amended to read: 12.35 97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 12.36 A person may not take protected wild animals, except 13.1 raccoon and fox, with a firearm between the evening and morning 13.2 times established by commissioner's rule, except big game may be 13.3 taken from one-half hour before sunrise until one-half hour 13.4 after sunset, and, except as otherwise prescribed by the 13.5 commissioner during the first eight days of the season, until 13.6 January 1, 2001, waterfowl may be taken from one-half hour 13.7 before sunrise until sunset during the entire season prescribed 13.8 by the commissioner. 13.9 Sec. 30. [97B.112] [SPECIAL HUNTS FOR YOUTH.] 13.10 The commissioner may by rule establish criteria, special 13.11 seasons, and limits for youth hunters to take big game and small 13.12 game by firearms or archery in designated areas or times. The 13.13 criteria may also include provisions for an unlicensed adult to 13.14 assist a youth hunter during a special season or special hunt 13.15 established under this section. 13.16 Sec. 31. Minnesota Statutes 1996, section 97B.211, 13.17 subdivision 1, is amended to read: 13.18 Subdivision 1. [POSSESSION OF FIREARMS PROHIBITED.] (a)13.19 Except as provided in paragraph (b)when hunting bear, a person 13.20 may not take big game by archery while in possession of a 13.21 firearm. 13.22 (b) A person may take bear by archery while in possession13.23 of a handgun specified in section 97B.031, subdivision 1.13.24 Sec. 32. Minnesota Statutes 1996, section 97B.301, 13.25 subdivision 6, is amended to read: 13.26 Subd. 6. [RESIDENTS UNDER AGE 16 MAY TAKE DEER OF EITHER 13.27 SEX.] A resident under the age of 16 may take a deer of either 13.28 sex except in those antlerless permit areas and seasons where no 13.29 antlerless permits are offered. In antlerless permit areas 13.30 where no antlerless permits are offered, the commissioner may 13.31 provide a limited number of youth either sex permits to 13.32 residents under age 16, under the procedures provided in section 13.33 97B.305, and may give preference to residents under the age of 13.34 16 that have not previously been selected. This subdivision 13.35 does not authorize the taking of an antlerless deer by another 13.36 member of a party under subdivision 3. 14.1 Sec. 33. Minnesota Statutes 1996, section 97B.655, 14.2 subdivision 1, is amended to read: 14.3 Subdivision 1. [OWNERS AND OCCUPANTS MAY TAKE CERTAIN 14.4 ANIMALS.] A person may take mink, squirrel, rabbit, hare, 14.5 raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver on land 14.6 owned or occupied by the person where the animal is causing 14.7 damage. The person may take the animal without a license and in 14.8 any manner except by poison, or artificial lights in the closed 14.9 season. Raccoons may be taken under this subdivision with 14.10 artificial lights during open season. A person that kills mink, 14.11 raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver under 14.12 this subdivision must bring the entire animal tonotify a 14.13 conservation officer or employee of the division within 24 hours 14.14 after the animal is killed. 14.15 Sec. 34. [97B.802] [SPECIAL CANADA GOOSE SEASON LICENSE 14.16 REQUIRED.] 14.17 Except as provided in this section, a person required to 14.18 possess a small game license may not take Canada geese during a 14.19 special season without a valid special season Canada goose 14.20 license in possession. Residents under age 18 or over age 65 14.21 and persons hunting on their own property are not required to 14.22 possess the license. 14.23 Sec. 35. [97B.926] [PINE MARTEN AND FISHER ZONE.] 14.24 Where a combined pine marten and fisher trapping zone 14.25 exists, the commissioner must provide an option of a combined 14.26 limit of fisher and marten. 14.27 Sec. 36. Minnesota Statutes 1996, section 97C.035, 14.28 subdivision 1, is amended to read: 14.29 Subdivision 1. [CONDITIONS.] If the commissioner 14.30 determines that fish in shallow watersare endangered by lack of14.31 oxygen in the winterin danger of dying, or if waters will be 14.32 restored with the use of piscicides, the commissioner shallmay 14.33 rescue the fish under subdivision 2 or allow taking of the fish 14.34 under subdivision 3. 14.35 Sec. 37. Minnesota Statutes 1996, section 97C.211, 14.36 subdivision 1, is amended to read: 15.1 Subdivision 1. [LICENSE REQUIRED.] A person may not 15.2 operate a private fish hatchery without a private fish hatchery 15.3 license. A private fish hatchery is a facility for raising 15.4 fish, including minnows, for sale, stocking waters, angling, or 15.5 processing. A private fish hatchery license is valid for five 15.6 years but must be renewed annually. 15.7 Sec. 38. Minnesota Statutes 1996, section 97C.211, is 15.8 amended by adding a subdivision to read: 15.9 Subd. 6. [NONPUBLIC RECORDS.] Information on production, 15.10 harvest, and sales of aquatic life by a private fish hatchery is 15.11 nonpublic information. 15.12 Sec. 39. Minnesota Statutes 1996, section 97C.321, 15.13 subdivision 1, is amended to read: 15.14 Subdivision 1. [GENERAL PROHIBITION.] A person may not 15.15 take fish by angling with a set line or an unattended line 15.16 except as provided in this section and section 97C.801rules 15.17 adopted under the game and fish laws. 15.18 Sec. 40. Minnesota Statutes 1996, section 97C.505, is 15.19 amended by adding a subdivision to read: 15.20 Subd. 7. [INTERFERENCE PROHIBITED.] A person may not 15.21 knowingly damage, disturb, or interfere with legal commercial 15.22 minnow harvest operations. 15.23 Sec. 41. Minnesota Statutes 1996, section 97C.801, 15.24 subdivision 2, is amended to read: 15.25 Subd. 2. [COMMERCIAL FISH NETTING AND SET LINESON 15.26 MISSISSIPPI RIVER.] (a) A license is required to commercially 15.27 take rough fish with seines and set linesin the Mississippi 15.28 river from the St. Croix river junction to St. Anthony Falls. 15.29 (b) A person may take rough fish in the Mississippi river, 15.30 from the St. Croix river junction to St. Anthony Falls, only 15.31 with the following equipment and methods: 15.32 (1) operations shall be conducted only in the flowing 15.33 waters of the river and in tributary backwaters prescribed by 15.34 the commissioner; 15.35 (2) only one set line may be used that has an15.36 identification tag and not more than 100 hooks;16.1 (3)seines may be used only as prescribed by this section 16.2 and rules adopted by the commissioner; 16.3 (4)(3) seines must be hauled to a landing immediately 16.4 after being placed; 16.5 (5)(4) two seines may not be joined together in the water; 16.6 and 16.7 (6)(5) a netseine may not be raised, laid out, or16.8 landed ,between sunset and sunrise ; and16.9 (7) the location of a net or seine may not be changed from16.10 the place specified in the license application without notifying16.11 the commissioner of the proposed change. 16.12 Sec. 42. Minnesota Statutes 1996, section 168.1291, is 16.13 amended to read: 16.14 168.1291 [SPECIAL LICENSE PLATES; DESIGN.] 16.15 Subdivision 1. [DEFINITION.] For purposes of this section 16.16 "special license plates" means license plates issued under 16.17 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 16.18 168.1292 ; and 168.1296. 16.19 Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The 16.20 commissioner shall design a single special license plate that 16.21 will contain a unique number and a space for a unique symbol. 16.22 The commissioner shall design a unique symbol related to the 16.23 purpose of each special license plate. Any provision of 16.24 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 16.25 168.1292 ; and 168.1296that requires the placement of a 16.26 specified letter or letters on a special license plate applies 16.27 to those license plates only to the extent that the commissioner 16.28 includes the letter or letters in the design. Where a law 16.29 authorizing a special license plate contains a specific 16.30 requirement for graphic design of that license plate, that 16.31 requirement applies to the appropriate unique symbol the 16.32 commissioner designs. 16.33 Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 16.34 SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 16.35 168.123; 168.129; or 168.1292 ; or 168.1296, beginning with 16.36 special license plates issued in calendar year 1996 the 17.1 commissioner shall issue each class of special license plates 17.2 permanently marked with specific designs under those laws only 17.3 until the commissioner's supply of those license plates is 17.4 exhausted. Thereafter the commissioner shall issue under those 17.5 laws only the license plate authorized under subdivision 2, with 17.6 the appropriate unique symbol attached. 17.7 Subd. 4. [FEES.] Notwithstanding section 168.12, 17.8 subdivisions 2b to 2e; 168.123; 168.129; or 168.1292 ; or17.9 168.1296, the commissioner shall charge a fee of $10 for each 17.10 set of license plates issued under this section. 17.11 Subd. 5. [APPLICATION.] This section does not apply to a 17.12 special motorcycle license plate designed by the registrar under 17.13 section 168.123, subdivision 1, clause (2). 17.14 Sec. 43. Minnesota Statutes 1996, section 168.1296, 17.15 subdivision 1, is amended to read: 17.16 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 17.17 The registrar shall issue special critical habitat license 17.18 plates to an applicant who: 17.19 (1) is an owner or joint owner of a passenger automobile, 17.20 pickup truck, or van; 17.21 (2) pays a fee of $10 to cover the costs of handling and 17.22 manufacturing the plates; 17.23 (3) pays the registration tax required under section 17.24 168.013; 17.25 (4) pays the fees required under this chapter; 17.26 (5) contributes at leasta minimum of $30 annually to the 17.27 Minnesota critical habitat private sector matching account 17.28 established in section 84.943; and 17.29 (6) complies with laws and rules governing registration and 17.30 licensing of vehicles and drivers. 17.31 (b) The critical habitat license application form must 17.32 clearly indicate that the annual contribution specified under 17.33 paragraph (a), clause (5), is a minimum contribution to receive 17.34 the license plate and that the applicant may make an additional 17.35 contribution to the account. 17.36 Sec. 44. Minnesota Statutes 1996, section 609.487, is 18.1 amended by adding a subdivision to read: 18.2 Subd. 2a. [MOTOR VEHICLE; DEFINITION.] For the purposes of 18.3 this section, "motor vehicle" has the meaning given it in 18.4 section 169.01, subdivision 3, and includes a snowmobile, as 18.5 defined in section 84.81. 18.6 Sec. 45. Laws 1993, chapter 273, section 1, as amended by 18.7 Laws 1994, chapter 623, article 1, section 41, and Laws 1995, 18.8 chapter 186, section 110, is amended to read: 18.9 Section 1. [AUTHORIZATION TO TAKE TWO DEER IN CERTAIN 18.10 COUNTIES.] 18.11 Notwithstanding Minnesota Statutes, section 97B.301, 18.12 subdivision 2, during the 1994, 1995, and 19961997 and 1998 18.13 hunting seasons in Kittson, Lake of the Woods, Marshall, 18.14 Pennington, and Roseau counties a person may obtain one firearms 18.15 deer license and one archery deer license in the same license 18.16 year and may take one deer under each license. 18.17 Sec. 46. Laws 1996, chapter 410, section 56, is amended to 18.18 read: 18.19 Sec. 56. [PERSONAL FLOTATION DEVICE RULES; VIOLATIONS.] 18.20 A violation prior to May 1, 19971999, of requirements 18.21 added in the proposed rule published in the State Register, 18.22 Volume 19, Number 45, pages 2207 to 2210, May 8, 1995, and 18.23 subsequently adopted on October 2, 1995, shall not result in a 18.24 penalty, but is punishable only by a safety warning. 18.25 Sec. 47. [STUDY.] 18.26 The commissioner of natural resources must survey and 18.27 identify, with the cooperation of local grant-in-aid trail 18.28 groups, possible one-way circular trail systems for snowmobile 18.29 use. A recommendation must be made to the 1998 legislature. 18.30 Sec. 48. [GAME AND FISH FUND REPORT; 1997.] 18.31 (a) In the 1997 report required under Minnesota Statutes, 18.32 section 97A.055, subdivision 4, paragraph (a), clause (3), the 18.33 commissioner must include: 18.34 (1) an analysis and discussion of the appropriate level of 18.35 expenditure from the game and fish fund for field operations 18.36 support, administrative management, statewide indirect costs, 19.1 fleet management, ecological services, office rent, statewide 19.2 communications, unemployment compensation, regional indirect 19.3 costs, and workers' compensation; 19.4 (2) a comparison of expenditures for each of the purposes 19.5 listed in clause (1) from all funds and accounts used by the 19.6 department; and 19.7 (3) recommendations for changes in the allocation of 19.8 funding from the game and fish fund for the purposes listed in 19.9 clause (1). 19.10 (b) The commissioner must establish a citizens advisory 19.11 committee of 20 members to recommend to the commissioner and the 19.12 house and senate natural resources policy committees actions 19.13 that are necessary to promote Minnesota's hunting, trapping, and 19.14 fishing heritage and to ensure the continuation of the 19.15 heritage. Upon request, the commissioner may provide 19.16 information and staff support to the committee. The committee 19.17 members may not be compensated for their expenses in serving on 19.18 the committee. 19.19 The committee also must evaluate the 1984 report entitled, 19.20 the Governor's Citizen Commission to Promote Hunting and Fishing 19.21 in Minnesota, and make any recommendations to complete the 19.22 eleven-point reinvestment program mentioned in the report and to 19.23 achieve the goals of the reinvest in Minnesota resources program. 19.24 Sec. 49. [FIREARMS SAFETY PILOT PROGRAM.] 19.25 The commissioner of natural resources is authorized to 19.26 establish a two-year firearms safety pilot demonstration program 19.27 promoting awareness and understanding of the safe use and 19.28 storage of firearms that is value-neutral concerning firearms 19.29 ownership. The demonstration program shall be conducted in two 19.30 school districts, one of which shall be located in the 19.31 metropolitan area and one of which shall be conducted in 19.32 outstate Minnesota. The commissioner shall submit a report to 19.33 the legislature by January 15, 1999, regarding the efficacy of 19.34 the program and recommending whether the commissioner should 19.35 continue and expand the program. 19.36 Sec. 50. [APPROPRIATION.] 20.1 Notwithstanding Minnesota Statutes, section 84.943, 20.2 subdivision 3, $65,000 is appropriated from the Minnesota 20.3 critical habitat private sector matching account to the 20.4 commissioner of public safety for costs of handling and 20.5 manufacturing 10,000 special critical habitat license plates. 20.6 Notwithstanding Minnesota Statutes, section 168.1296, 20.7 subdivision 5, $65,000 of the fees collected from applicants for 20.8 the license plates must be deposited in the state treasury and 20.9 credited to the Minnesota critical habitat private sector 20.10 matching account. Fees collected in excess of $65,000 must be 20.11 deposited in the highway user tax distribution fund. This 20.12 appropriation is available until expended. 20.13 Sec. 51. [REPEALER.] 20.14 Minnesota Statutes 1996, sections 97A.111; and 97C.801, 20.15 subdivision 1, are repealed. 20.16 Sec. 52. [EFFECTIVE DATE.] 20.17 Sections 6, 28, and 46 are effective the day following 20.18 final enactment.