Minnesota Legislature
SF 254
2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to natural resources; modifying certain fish 1.3 habitat 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 rules to restrict airboats; 1.7 modifying provisions relating to taking minnows; 1.8 authorizing the commissioner to sell merchandise; 1.9 providing purposes for the game and fish fund; 1.10 modifying stamp provisions; modifying the procedure 1.11 for vacating or modifying a state game refuge; 1.12 defining terms; prohibiting airboats on certain lakes; 1.13 permitting persons 65 years of age or older to take 1.14 certain game with a crossbow; establishing shooting 1.15 hours for migratory game birds; modifying license 1.16 provisions; modifying personal watercraft provisions; 1.17 requiring personal watercraft safety certificate; 1.18 requiring snowmobile state trail permit; requiring 1.19 snowmobile safety certificate; modifying recreational 1.20 motor vehicle provisions; modifying special license 1.21 plate provisions; establishing firearms safety pilot 1.22 program; requiring reports; providing criminal 1.23 penalties; appropriating money; amending Minnesota 1.24 Statutes 1996, sections 17.4982, by adding 1.25 subdivisions; 17.4983, by adding a subdivision; 1.26 17.4998; 84.0855; 84.82, subdivisions 2 and 3; 84.87, 1.27 subdivision 2; 84.872, by adding a subdivision; 1.28 84.873; 86B.313, subdivisions 1, 3, 4, and by adding a 1.29 subdivision; 97A.015, subdivisions 49, 53, and by 1.30 adding a subdivision; 97A.045, subdivision 7; 97A.055, 1.31 subdivision 1; 97A.075, subdivision 3; 97A.085, 1.32 subdivision 8; 97A.101, by adding a subdivision; 1.33 97A.411, subdivisions 1 and 3; 97A.421, subdivision 1; 1.34 97A.465, subdivision 4; 97A.485, subdivision 9, and by 1.35 adding a subdivision; 97B.035, subdivision 1; 97B.075; 1.36 97B.106; 97B.301, subdivision 6; 97B.655, subdivision 1.37 1; 97B.805, subdivision 2; 97C.035, subdivision 1; 1.38 97C.211, subdivision 1, and by adding a subdivision; 1.39 97C.505, by adding a subdivision; 168.1291; 168.1296, 1.40 subdivision 1; 296.16, subdivision 1; and 609.487, by 1.41 adding a subdivision; proposing coding for new law in 1.42 Minnesota Statutes, chapters 84; and 97B; repealing 1.43 Minnesota Statutes 1996, section 97A.111. 1.44 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1 Section 1. Minnesota Statutes 1996, section 17.4982, is 2.2 amended by adding a subdivision to read: 2.3 Subd. 18a. [NONINDIGENOUS SPECIES.] "Nonindigenous species" 2.4 means a species of fish or other aquatic life that is: 2.5 (1) not known to have been historically present in the 2.6 state; 2.7 (2) not known to be naturally occurring in a particular 2.8 part of the state; or 2.9 (3) designated by rule as a prohibited or restricted exotic 2.10 species. 2.11 Sec. 2. Minnesota Statutes 1996, section 17.4982, is 2.12 amended by adding a subdivision to read: 2.13 Subd. 18b. [NONINDIGENOUS STRAIN.] "Nonindigenous strain" 2.14 means a species of fish or other aquatic life that: 2.15 (1) has an original source outside of this state and 2.16 contiguous states; 2.17 (2) is an unnaturally occurring hybrid or genetically 2.18 engineered species; or 2.19 (3) in areas north of marked state highway 210, is a 2.20 walleye, the original source of which is from south of marked 2.21 state highway 210 or from outside the state. 2.22 Sec. 3. Minnesota Statutes 1996, section 17.4982, is 2.23 amended by adding a subdivision to read: 2.24 Subd. 18c. [PROCESSING.] "Processing" means rendering a 2.25 species of aquatic life for food, bait, or other purposes so 2.26 that it is no longer alive. 2.27 Sec. 4. Minnesota Statutes 1996, section 17.4983, is 2.28 amended by adding a subdivision to read: 2.29 Subd. 8. [INTERFERENCE PROHIBITED.] A person may not 2.30 knowingly damage, disturb, or interfere with legal aquatic farm 2.31 operations. 2.32 Sec. 5. Minnesota Statutes 1996, section 17.4998, is 2.33 amended to read: 2.34 17.4998 [VIOLATIONS; PENALTY.] 2.35 Subdivision 1. [MISDEMEANOR.] Unless a different penalty 2.36 is prescribed, a violation of a provision of sections 17.4981 to 3.1 17.4997 or a rule of the commissioner governing the operation of 3.2 an aquatic farm, private fish hatchery, or quarantine facility 3.3 is a misdemeanor. 3.4 Subd. 2. [PETTY MISDEMEANOR.] A first and second 3.5 violation, within a three-year period, of sections 17.4981 to 3.6 17.4997 or a rule of the commissioner governing the operation of 3.7 an aquatic farm, private fish hatchery, or quarantine facility 3.8 is a petty misdemeanor if it does not involve intentionally 3.9 falsifying records and does not put public waters or other fish 3.10 hatchery facilities at risk from harmful nonindigenous species, 3.11 nonindigenous strains, or emergency fish diseases. 3.12 Subd. 3. [LICENSE VOID.] The license of a person convicted 3.13 of a violation of sections 17.4981 to 17.4997 or a rule of the 3.14 commissioner governing the operation of an aquatic farm, private 3.15 fish hatchery, or quarantine facility is void for a period of 3.16 one year after the conviction if the person is convicted of two 3.17 or more misdemeanors within a three-year period. If the 3.18 commissioner determines that the public welfare will not be 3.19 injured, the commissioner may reinstate a license voided under 3.20 this subdivision. 3.21 Sec. 6. Minnesota Statutes 1996, section 84.0855, is 3.22 amended to read: 3.23 84.0855 [SPECIALSALES; RECEIPTS; APPROPRIATION.] 3.24 Subdivision 1. [SALES AUTHORIZED; GIFT CERTIFICATES.] The 3.25 commissioner may sell natural resources-related publications and 3.26 maps; federal migratory waterfowl, junior duck, and other 3.27 federal stamps; and other nature-related merchandise, and may 3.28 rent or sell items for the convenience of persons using 3.29 department of natural resources facilities or services. The 3.30 commissioner may sell gift certificates for any items rented or 3.31 sold. Notwithstanding section 16A.1285, a fee charged by the 3.32 commissioner under this section may include a reasonable amount 3.33 in excess of the actual cost to support department of natural 3.34 resources programs. The commissioner may advertise the 3.35 availability of a program or item offered under this section. 3.36 Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the 4.1 commissionerof natural resources as fees for seminars or4.2workshops, from the sale of publications and maps, from the sale4.3of other natural resource related merchandise,under this 4.4 section or to buy supplies for the use of volunteers, may be 4.5 credited to one or more special accounts in the state treasury 4.6 and is appropriated to the commissioner for the purposes for 4.7 which the money was received. Money received from sales at the 4.8 state fair shall be available for state fair related costs. 4.9 Sec. 7. Minnesota Statutes 1996, section 84.82, 4.10 subdivision 2, is amended to read: 4.11 Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 4.12 (a) Application for registration or reregistration shall be made 4.13 to the commissioner of natural resources, or the commissioner of 4.14 public safety or an authorized deputy registrar of motor 4.15 vehicles in such form as the commissioner of public safety shall 4.16 prescribe, and shall state the legal name and address of every 4.17 owner of the snowmobile and be signed by at least one owner. 4.18 (b) A person who purchases a snowmobile from a retail 4.19 dealer shall make application for registration to the dealer at 4.20 the point of sale. The dealer shall issue a temporary 4.21 registration permit to each purchaser who applies to the dealer 4.22 for registration. The temporary registration is valid for 60 4.23 days from the date of issue. Each retail dealer shall submit 4.24 completed registration and fees to the deputy registrar at least 4.25 once a week. Upon receipt of the application and the 4.26 appropriate fee as hereinafter provided, such snowmobile shall 4.27 be registered and a registration number assigned which shall be 4.28 affixed to the snowmobile insucha clearly visible and 4.29 permanent manner for enforcement purposes as the commissioner of 4.30 natural resources shall prescribe. 4.31 (c) Each deputy registrar of motor vehicles acting pursuant 4.32 to section 168.33, shall also be a deputy registrar of 4.33 snowmobiles. The commissioner of natural resources in agreement 4.34 with the commissioner of public safety may prescribe the 4.35 accounting and procedural requirements necessary to assure 4.36 efficient handling of registrations and registration fees. 5.1 Deputy registrars shall strictly comply with these accounting 5.2 and procedural requirements. 5.3 (d) A fee of $2 in addition to that otherwise prescribed by 5.4 law shall be charged for: 5.5 (1) each snowmobile registered by the registrar or a deputy 5.6 registrar and the additional fee shall be disposed of in the 5.7 manner provided in section 168.33, subdivision 2; or 5.8 (2) each snowmobile registered by the commissioner and the 5.9 additional fee shall be deposited in the state treasury and 5.10 credited to the snowmobile trails and enforcement account in the 5.11 natural resources fund. 5.12 Sec. 8. Minnesota Statutes 1996, section 84.82, 5.13 subdivision 3, is amended to read: 5.14 Subd. 3. [FEES FOR REGISTRATION.] (a) The fee for 5.15 registration of each snowmobile, other than those used for an 5.16 agricultural purpose, as defined in section 84.92, subdivision 5.17 1c, or those registered by a dealer or manufacturer pursuant to 5.18 clause (b) or (c) shall be as follows:$30$45 for three years 5.19 and $4 for a duplicate or transfer. 5.20 (b) The total registration fee for all snowmobiles owned by 5.21 a dealer and operated for demonstration or testing purposes 5.22 shall be $50 per year. 5.23 (c) The total registration fee for all snowmobiles owned by 5.24 a manufacturer and operated for research, testing, 5.25 experimentation, or demonstration purposes shall be $150 per 5.26 year. Dealer and manufacturer registrations are not 5.27 transferable. 5.28 Sec. 9. [84.8205] [SNOWMOBILE STATE TRAIL PERMIT.] 5.29 No snowmobile that is not registered in this state shall be 5.30 operated on a state recreational snowmobile trail unless the 5.31 snowmobile operator has in possession a snowmobile state trail 5.32 permit. The commissioner of natural resources shall issue a 5.33 permit upon application and payment of a $10 fee. The permit is 5.34 valid from November 1 through April 30. Fees collected under 5.35 this section shall be deposited in the state treasury and 5.36 credited to the snowmobile trails and enforcement account in the 6.1 natural resources fund. 6.2 Sec. 10. [84.862] [SNOWMOBILE SAFETY CERTIFICATE 6.3 REQUIRED.] 6.4 By October 1, 1999, snowmobile operators under 18 years of 6.5 age must have completed the safety education and training course 6.6 established in section 84.86 and must have in possession a 6.7 snowmobile safety certificate issued by the commissioner. If an 6.8 operator does not have the certificate in possession, the 6.9 operator may produce the certificate within 72 hours after a 6.10 peace officer requests the certificate. 6.11 Sec. 11. Minnesota Statutes 1996, section 84.87, 6.12 subdivision 2, is amended to read: 6.13 Subd. 2. [OPERATION GENERALLY.] It shall be unlawful for 6.14 any person to drive or operate any snowmobile in the following 6.15 unsafe or harassing ways: 6.16(a)(1) at a rate of speed greater than reasonable or 6.17 proper under all the surrounding circumstances; 6.18(b)(2) in a careless, reckless or negligent manner so as 6.19 to endanger the person or property of another or to cause injury 6.20 or damage thereto; 6.21(c)(3) without a lighted head and taillight when required 6.22 for safety; or 6.23(d)(4) in any tree nursery or planting in a manner which 6.24 damages or destroys growing stock. 6.25 Sec. 12. Minnesota Statutes 1996, section 84.872, is 6.26 amended by adding a subdivision to read: 6.27 Subd. 1a. [HELMET REQUIRED.] (a) No person under the age 6.28 of 18 shall operate or ride a snowmobile in this state without 6.29 wearing protective headgear that complies with standards 6.30 established by the commissioner of public safety. 6.31 (b) The provisions of this subdivision shall not apply to 6.32 persons during their participation in a parade that has been 6.33 granted a permit or other official authorization by a local unit 6.34 of government or to a person operating a snowmobile on land that 6.35 is owned by the person or the person's parents, grandparents, 6.36 siblings, uncles, or aunts. 7.1 Sec. 13. Minnesota Statutes 1996, section 84.873, is 7.2 amended to read: 7.3 84.873 [SIGNAL FROM OFFICER TO STOP.] 7.4 It is unlawful for a snowmobile operator, after having 7.5 received a visual or audible signal from any law enforcement 7.6 officer to come to a stop, to(a)(1) operate a snowmobile in 7.7 willful or wanton disregard of such signal, or(b)(2) interfere 7.8 with or endanger the law enforcement officer or any other person 7.9 or vehicle, or (c) increase speed or attempt to flee or elude7.10the officer. 7.11 Sec. 14. Minnesota Statutes 1996, section 86B.313, 7.12 subdivision 1, is amended to read: 7.13 Subdivision 1. [GENERAL REQUIREMENTS.] (a) In addition to 7.14 requirements of other laws relating to watercraft, it is 7.15 unlawful to operate or to permit the operation of a personal 7.16 watercraft: 7.17 (1) without each person on board the personal watercraft 7.18 wearing a United States Coast Guard approved Type I, II, III, or 7.19 V personal flotation device; 7.20 (2) between sunset and8:009:00 a.m.; 7.21 (3) at greater than slow-no wake speed within100150 feet 7.22 of: 7.23 (i) a shoreline, unless necessary to avoid a safety problem 7.24 with other watercraft between 100 and 150 feet from the 7.25 shoreline; 7.26 (ii) a dock,; 7.27 (iii) a swimmer, or; 7.28 (iv) a raft used for swimming or divingraft; or 7.29 (v) a moored, anchored, or nonmotorized watercraftat7.30greater than slow-no wake speed; 7.31 (4) while towing a person on water skis, a kneeboard, an 7.32 inflatable craft, or any other device unless: 7.33 (i) an observer is on board; or 7.34 (ii) the personal watercraft is equipped with 7.35 factory-installed or factory-specified accessory mirrors that 7.36 give the operator a wide field of vision to the rear; 8.1 (5) without the lanyard-type engine cutoff switch being 8.2 attached to the person, clothing, or personal flotation device 8.3 of the operator, if the personal watercraft is equipped by the 8.4 manufacturer with such a device; 8.5 (6) if any part of the spring-loaded throttle mechanism has 8.6 been removed, altered, or tampered with so as to interfere with 8.7 the return-to-idle system; 8.8 (7) to chase or harass wildlife; 8.9 (8) through emergent or floating vegetation at other than a 8.10 slow-no wake speed; 8.11 (9) in a manner that unreasonably or unnecessarily 8.12 endangers life, limb, or property, including weaving through 8.13 congested watercraft traffic, jumping the wake of another 8.14 watercraft within 100 feet of the other watercraft;or8.15 (10) in any other manner that is not reasonable and 8.16 prudent; 8.17 (11) while facing backwards; or 8.18 (12) without a personal watercraft rules decal, issued by 8.19 the commissioner, attached to the personal watercraft so as to 8.20 be in full view and readable by the operator while underway. 8.21 (b) A political subdivision may waive the restrictions in 8.22 paragraph (a), clause (3), items (i), (ii), (iv), and (v), 8.23 paragraph (a), clauses (11) and (12), and subdivision 3a, for 8.24 operators of personal watercraft participating in a race 8.25 conducted pursuant to a permit issued by the political 8.26 subdivision. 8.27 Sec. 15. Minnesota Statutes 1996, section 86B.313, 8.28 subdivision 3, is amended to read: 8.29 Subd. 3. [OPERATOR'S PERMIT.] Except in the case of an 8.30 emergency, a person 13 years of age or over but less than 18 8.31 years of age may not operate a personal watercraft, regardless 8.32 of horsepower, without possessing a valid watercraft operator's 8.33 permit as required by section 86B.305, unless there is a person 8.341821 years of age or older on board the craft. In addition to 8.35 the permit requirement, a person 13 years of age operating a 8.36 personal watercraft must maintain unaided observation by a 9.1 person1821 years of age or older. It is unlawful for the 9.2 owner of a personal watercraft to permit the personal watercraft 9.3 to be operated contrary to this subdivision. 9.4 Sec. 16. Minnesota Statutes 1996, section 86B.313, is 9.5 amended by adding a subdivision to read: 9.6 Subd. 3a. [PERSONAL WATERCRAFT SAFETY CERTIFICATE.] (a) 9.7 Except in the case of an emergency, a person born on or after 9.8 January 1, 1979, may not operate or be permitted to operate a 9.9 personal watercraft, regardless of horsepower, unless the person 9.10 possesses a valid personal watercraft safety certificate issued 9.11 by the commissioner. It is also unlawful for the owner of a 9.12 personal watercraft to permit the personal watercraft to be 9.13 operated contrary to this subdivision. 9.14 (b) Persons less than 13 years of age may not be issued a 9.15 personal watercraft safety certificate. 9.16 (c) Persons 13 to 17 years of age may not be issued a 9.17 personal watercraft safety certificate unless they are in 9.18 possession of a valid watercraft operator's permit from this 9.19 state or their state of residence. 9.20 (d) The commissioner or designee may accept an equivalent 9.21 personal watercraft safety certificate from another state or 9.22 country. 9.23 (e) The personal watercraft safety certificate shall be 9.24 revoked concurrently with a suspension of a motorboat operating 9.25 privilege under sections 86B.331 and 86B.335 or a revocation of 9.26 a watercraft operator's permit for persons 13 to 17 years of age. 9.27 (f) The following fees shall be charged to all persons, 9.28 except law enforcement or other governmental employees who are 9.29 assigned to use personal watercraft in their official capacity. 9.30 Law enforcement or other governmental employees shall be issued 9.31 the personal watercraft safety certificate at no cost after 9.32 successfully completing the written test. All fees shall be 9.33 deposited in the state treasury, credited to the water 9.34 recreation account of the natural resources fund, and 9.35 appropriated for the administration and enforcement of the 9.36 personal watercraft safety program: 10.1 (1) original certificate, $10; and 10.2 (2) duplicate certificate, $5. 10.3 Sec. 17. Minnesota Statutes 1996, section 86B.313, 10.4 subdivision 4, is amended to read: 10.5 Subd. 4. [DEALERS AND RENTAL OPERATIONS.] (a) A dealer of 10.6 personal watercraft shall distribute a summary of the laws and 10.7 rules governing the operation of personal watercraft and, upon 10.8 request, shall provide instruction to a purchaser regarding: 10.9 (1) the laws and rules governing personal watercraft; and 10.10 (2) the safe operation of personal watercraft. 10.11 (b) A person who offers personal watercraft for rent: 10.12 (1) shall provide a summary of the laws and rules governing 10.13 the operation of personal watercraft and provide instruction 10.14 regarding the laws and rules and the safe operation of personal 10.15 watercraft to each person renting a personal watercraft;and10.16 (2) shall provide a United States Coast Guard approved Type 10.17 I, II, III, or V personal flotation device and any other 10.18 required safety equipment to all persons who rent a personal 10.19 watercraft at no additional cost; and 10.20 (3) shall require that a personal watercraft safety 10.21 certificate, when required under subdivision 3a, be shown each 10.22 time a personal watercraft is rented and shall record the 10.23 certificate number on the form required in paragraph (c). 10.24 (c) Each dealer of personal watercraft or person offering 10.25 personal watercraft for rent shall have the person who purchases 10.26 or rents a personal watercraft sign a form provided by the 10.27 commissioner acknowledging that the purchaser or renter has been 10.28 provided a copy of the laws and rules regarding personal 10.29 watercraft operation and has read them. The form must be 10.30 retained by the dealer or person offering personal watercraft 10.31 for rent for a period of six months following the date of 10.32 signature and must be made available for inspection by sheriff's 10.33 deputies or conservation officers during normal business hours. 10.34 Sec. 18. Minnesota Statutes 1996, section 97A.015, is 10.35 amended by adding a subdivision to read: 10.36 Subd. 37a. [PROCESSING.] "Processing" means rendering a 11.1 species of aquatic life for food, bait, or other purposes so 11.2 that it is no longer alive. 11.3 Sec. 19. Minnesota Statutes 1996, section 97A.015, 11.4 subdivision 49, is amended to read: 11.5 Subd. 49. [UNDRESSED BIRD.] "Undressed bird" means: 11.6 (1) a bird, excluding migratory waterfowl, pheasant, 11.7 Hungarian partridge, or grouse, with feet and feathered head 11.8 intact; 11.9 (2) a migratory waterfowl, excluding geese, with a fully 11.10 feathered wing and head attached;or11.11 (3) a pheasant, Hungarian partridge, or grouse with one leg 11.12 and foot or the fully feathered head or wing intact; or 11.13 (4) a goose with a fully feathered wing attached. 11.14 Sec. 20. Minnesota Statutes 1996, section 97A.015, 11.15 subdivision 53, is amended to read: 11.16 Subd. 53. [UNPROTECTED WILD ANIMALS.] "Unprotected wild 11.17 animals" means wild animals that are not protected wild animals 11.18 including weasel, coyote (brush wolf), gopher, 11.19 porcupine, striped skunk,civet cat,and unprotected birds. 11.20 Sec. 21. Minnesota Statutes 1996, section 97A.045, 11.21 subdivision 7, is amended to read: 11.22 Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 11.23 (a) The commissioner shall encourage the purchase of: 11.24 (1) Minnesota migratory waterfowl stamps by nonhunters 11.25 interested inthemigratory waterfowl preservation and habitat 11.26 development; 11.27 (2) pheasant stamps by persons interested in pheasant 11.28 habitat improvement;and11.29 (3) trout and salmon stamps by persons interested in trout 11.30 and salmon stream and lake improvement; and 11.31 (4) turkey stamps by persons interested in wild turkey 11.32 management and habitat improvement. 11.33 (b) The commissioner shall make rules governing contests 11.34 for selecting a design for each stamp. 11.35 Sec. 22. Minnesota Statutes 1996, section 97A.055, 11.36 subdivision 1, is amended to read: 12.1 Subdivision 1. [ESTABLISHMENT; PURPOSES.] The game and 12.2 fish fund is established as a fund in the state treasury. Money 12.3 in the fund may be used only for the purpose of administration, 12.4 licensing, enforcement, and programs that are authorized in: 12.5 (1) the game and fish laws under chapters 97A, 97B, and 12.6 97C; 12.7 (2) fish and wildlife planning laws under section 84.942; 12.8 (3) aquaculture laws under sections 17.4981 to 17.4998; 12.9 (4) wild rice management laws under section 84.0911; and 12.10 (5) aquatic nuisance control laws under section 103G.615. 12.11 Sec. 23. Minnesota Statutes 1996, section 97A.075, 12.12 subdivision 3, is amended to read: 12.13 Subd. 3. [TROUT AND SALMON STAMP.] (a) Ninety percent of 12.14 the revenue from trout and salmon stamps must be credited to the 12.15 trout and salmon management account. Money in the account may 12.16 be used only for: 12.17 (1) the development, restoration, maintenance, and 12.18 preservation of trout streams and lakes;and12.19 (2) rearingand stockingof trout and salmon and stocking 12.20 of trout and salmon introutstreams and lakes and Lake 12.21 Superior; 12.22 (3) acquisition of easements and fee title along trout 12.23 waters; 12.24 (4) identifying easement and fee title areas along trout 12.25 waters; and 12.26 (5) research and special management projects on Lake 12.27 Superior and the anadromous portions of its tributaries. 12.28 (b) Money in the account may not be used for costs unless 12.29 they are directly related to a specific parcel of land or body 12.30 of water under paragraph (a) or to specific fish rearing 12.31 activities under paragraph (a), clause (2). 12.32 Sec. 24. Minnesota Statutes 1996, section 97A.085, 12.33 subdivision 8, is amended to read: 12.34 Subd. 8. [MODIFICATION OR ABANDONMENT.] A state game 12.35 refuge may be vacated or modified by the commissioner under the 12.36 same procedures required for establishment of the refuge, except 13.1 that a refuge established or modified under subdivision 2 or 3 13.2 may be vacated or modified following a public hearing as 13.3 specified in subdivision 4a. 13.4 Sec. 25. Minnesota Statutes 1996, section 97A.101, is 13.5 amended by adding a subdivision to read: 13.6 Subd. 4. [AIRBOATS AND PERSONAL WATERCRAFT 13.7 PROHIBITED.] The use of airboats and personal watercraft, as 13.8 defined in section 86B.005, subdivision 14a, is prohibited at 13.9 all times on lakes designated for wildlife management purposes 13.10 under this section unless otherwise authorized by the 13.11 commissioner. 13.12 Sec. 26. Minnesota Statutes 1996, section 97A.411, 13.13 subdivision 1, is amended to read: 13.14 Subdivision 1. [LICENSE PERIOD.] (a) Except as provided in 13.15 paragraph (b), a license is valid during the lawful time within 13.16 the license year that the licensed activity may be performed. A 13.17 license year begins on the first day of March and ends on the 13.18 last day of February. 13.19 (b) A license issued under section 97A.475, subdivision 6, 13.20 clause (5), or section 97A.475, subdivision 7, clause (2), (3), 13.21 (5), or (6), or 97A.475, subdivision 12, clause (2), is valid 13.22 for the full license period even if this period extends into the 13.23 next license year, provided that the license period selected by 13.24 the licensee begins at the time of issuance. 13.25 Sec. 27. Minnesota Statutes 1996, section 97A.411, 13.26 subdivision 3, is amended to read: 13.27 Subd. 3. [ARCHERYDEER LICENSE.] (a) Except as provided in 13.28paragraphparagraphs (b) and c, a license to take deer by 13.29 archery, firearms, or muzzleloader issued after the opening of 13.30 the related archery, firearms, or muzzleloader deer season, 13.31 respectively, is not valid until thefifthsecond day after it 13.32 is issued. 13.33 (b) The commissioner may issue a license to takea second13.34 additional deerby archeryunder section 97B.301, subdivision 4, 13.35 that is valid immediately upon issuance. 13.36 (c) Paragraph (a) does not apply to deer licenses for 14.1 discharged military personnel under section 97A.465, subdivision 14.2 4. 14.3 Sec. 28. Minnesota Statutes 1996, section 97A.421, 14.4 subdivision 1, is amended to read: 14.5 Subdivision 1. [GENERAL.] (a) The license of a person 14.6 convicted of a violation of the game and fish laws relating to 14.7 the license or wild animals covered by the license is void when: 14.8 (1) a second conviction occurs within three years under a 14.9 license to take small game or to take fish by angling or 14.10 spearing; 14.11 (2) a third conviction occurs within one year under a 14.12 minnow dealer's license; 14.13 (3) a second conviction occurs within three years for 14.14 violations of section 97A.425 that do not involve falsifications 14.15 or intentional omissions of information required to be recorded, 14.16 or attempts to conceal unlawful acts within the records;or14.17 (4) two or more misdemeanor convictions occur within a 14.18 three-year period under a private fish hatchery license; or 14.19 (5) the conviction occurs under a license not described in 14.20 clause (1)or, (2), or (4) or is for a violation of section 14.21 97A.425 not described in clause (3). 14.22 (b) Except for big game licenses and as otherwise provided 14.23 in this section, for one year after the conviction the person 14.24 may not obtain the kind of license relating to the game and fish 14.25 law violation. 14.26 Sec. 29. Minnesota Statutes 1996, section 97A.465, 14.27 subdivision 4, is amended to read: 14.28 Subd. 4. [DISCHARGED RESIDENT; OBTAINING DEER LICENSE 14.29 DURING SEASON.]Notwithstanding section 97A.485, subdivision 9,14.30 A resident who is discharged from the United States armed forces 14.31 during, or within ten days before, the firearms deer season may, 14.32 upon showing the official discharge paper, obtain a firearm deer 14.33 license during the season that is valid immediately upon 14.34 issuance. 14.35 Sec. 30. Minnesota Statutes 1996, section 97A.485, 14.36 subdivision 9, is amended to read: 15.1 Subd. 9. [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON 15.2 OPENS.](a)The following licenses may not be issued after the 15.3 day before the opening of the related firearms season: 15.4 (1)to take deer with firearms, except a license to take15.5more than one deer under section 97B.301, subdivision 4;15.6(2)to guide bear hunters; and 15.7(3)(2) to guide turkey hunters. 15.8(b) Paragraph (a) does not apply to deer licenses for15.9discharged military personnel under section 97A.465, subdivision15.104.15.11(c) A nonresident license or tag to take and possess15.12raccoon, bobcat, Canada lynx, or fox may not be issued after the15.13fifth day of the open season.15.14 Sec. 31. Minnesota Statutes 1996, section 97A.485, is 15.15 amended by adding a subdivision to read: 15.16 Subd. 12. [YOUTH DEER LICENSE.] The commissioner may, for 15.17 a fee of $5, issue to a resident under the age of 16 a license, 15.18 without a tag, to take deer with firearms. A youth holding a 15.19 license issued under this subdivision may hunt under the license 15.20 only if accompanied by a licensed hunter who is at least 18 15.21 years of age and possesses a valid tag. A deer taken by a youth 15.22 holding a license issued under this subdivision must be promptly 15.23 tagged by the licensed hunter accompanying the youth. Section 15.24 97B.301, subdivision 6, does not apply to a youth holding a 15.25 license issued under this subdivision. 15.26 Sec. 32. Minnesota Statutes 1996, section 97B.035, 15.27 subdivision 1, is amended to read: 15.28 Subdivision 1. [HUNTING WITH BOWS RELEASED BY MECHANICAL 15.29 DEVICES.] (a) A person may not hunt with a bow drawn, held, or 15.30 released by a mechanical device, except with adisabled hunter15.31 permit issued under section 97B.106 or as provided in paragraph 15.32 (b). 15.33 (b) A person may use a mechanical device attached to the 15.34 bowstring if the person's own strength draws, holds, and 15.35 releases the bowstring. 15.36 Sec. 33. Minnesota Statutes 1996, section 97B.075, is 16.1 amended to read: 16.2 97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 16.3 A person may not take protected wild animals, except 16.4 raccoon and fox, with a firearm between the evening and morning 16.5 times established by commissioner's rule, except big game may be 16.6 taken from one-half hour before sunrise until one-half hour 16.7 after sunset, and, except as otherwise prescribed by the 16.8 commissioner during the first Saturday and Sunday of the season, 16.9 waterfowl may be taken by a minor or an adult accompanying a 16.10 minor from one-half hour before sunrise until sunset during the 16.11 entire season prescribed by the commissioner. 16.12 Sec. 34. Minnesota Statutes 1996, section 97B.106, is 16.13 amended to read: 16.14 97B.106 [CROSSBOW PERMITS FOR HUNTING.] 16.15 (a) [ELIGIBILITY.] The commissioner may issue a special 16.16 permit, without a fee, to take big game or turkey with a 16.17 crossbow to a personthatwho: 16.18 (1) is unable to hunt by archery because of a permanent or 16.19 temporary physical disability; or 16.20 (2) is 65 years of age or older. 16.21 (b) [REQUIREMENTS; DISABILITY.] To qualify a person for a 16.22 special permit under this section, a temporary disability must 16.23 render the person unable to hunt by archery for a minimum of two 16.24 years after application for the permit is made. The permanent 16.25 or temporary disability, established by medical evidence, and 16.26 the inability to hunt by archery for the required period of time 16.27 must be verified in writing by a licensed physician.The16.28 (c) [REQUIREMENTS; GENERAL.] A person issued a special 16.29 permit under this section must obtain the appropriate license. 16.30 The crossbow must: 16.31 (1) be fired from the shoulder; 16.32 (2) deliver at least 42 foot-pounds of energy at a distance 16.33 of ten feet; 16.34 (3) have a stock at least 30 inches long; 16.35 (4) have a working safety; and 16.36 (5) be used with arrows or bolts at least ten inches long 17.1 with a broadhead. 17.2 Sec. 35. [97B.112] [SPECIAL HUNTS FOR YOUTH.] 17.3 The commissioner may by rule establish criteria, special 17.4 seasons, and limits for youth hunters to take big game and small 17.5 game by firearms or archery in designated areas or times. The 17.6 criteria may also include provisions for an unlicensed adult to 17.7 assist a youth hunter during a special season or special hunt 17.8 established under this section. 17.9 Sec. 36. Minnesota Statutes 1996, section 97B.301, 17.10 subdivision 6, is amended to read: 17.11 Subd. 6. [RESIDENTS UNDER AGE 16 MAY TAKE DEER OF EITHER 17.12 SEX.] A resident under the age of 16 may take a deer of either 17.13 sex except in those antlerless permit areas and seasons where no 17.14 antlerless permits are offered. In antlerless permit areas 17.15 where no antlerless permits are offered, the commissioner may 17.16 provide a limited number of youth either sex permits to 17.17 residents under age 16, under the procedures provided in section 17.18 97B.305, and may give preference to residents under the age of 17.19 16 that have not previously been selected. This subdivision 17.20 does not authorize the taking of an antlerless deer by another 17.21 member of a party under subdivision 3. 17.22 Sec. 37. Minnesota Statutes 1996, section 97B.655, 17.23 subdivision 1, is amended to read: 17.24 Subdivision 1. [OWNERS AND OCCUPANTS MAY TAKE CERTAIN 17.25 ANIMALS.] A person may take mink, squirrel, rabbit, hare, 17.26 raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver on land 17.27 owned or occupied by the person where the animal is causing 17.28 damage. The person may take the animal without a license and in 17.29 any manner except by poison, or artificial lights in the closed 17.30 season. Raccoons may be taken under this subdivision with 17.31 artificial lights during open season. A person that kills mink, 17.32 raccoon, lynx, bobcat, fox, muskrat, or beaver under this 17.33 subdivision mustbring the entire animal tonotify a 17.34 conservation officer or employee of the division within 24 hours 17.35 after the animal is killed. 17.36 Sec. 38. Minnesota Statutes 1996, section 97B.805, 18.1 subdivision 2, is amended to read: 18.2 Subd. 2. [RESTRICTIONS ON WATERCRAFT.] 18.3 (a) A person using watercraft to take migratory waterfowl 18.4 must comply with subdivision 1. 18.5 (b) Migratory waterfowl may be taken from a watercraft 18.6 propelled by motor or sails only if the watercraft has stopped 18.7 and the motor is shut off and the sails are furled. 18.8 (c) Migratory waterfowl may be taken from a floating 18.9 watercraft if the craft is drifting, beached, moored, resting at 18.10 anchor, or is being propelled by paddle, oars, or pole. 18.11 (d) The commissioner may adopt rules to restrict the use of 18.12 airboats during the migratory waterfowl season. 18.13 Sec. 39. Minnesota Statutes 1996, section 97C.035, 18.14 subdivision 1, is amended to read: 18.15 Subdivision 1. [CONDITIONS.] If the commissioner 18.16 determines that fishin shallow watersareendangered by lack of18.17oxygen in the winterin danger of dying, or if waters will be 18.18 restored with the use of piscicides, the commissionershallmay 18.19 rescue the fish under subdivision 2 or allow taking of the fish 18.20 under subdivision 3. 18.21 Sec. 40. Minnesota Statutes 1996, section 97C.211, 18.22 subdivision 1, is amended to read: 18.23 Subdivision 1. [LICENSE REQUIRED.] A person may not 18.24 operate a private fish hatchery without a private fish hatchery 18.25 license. A private fish hatchery is a facility for raising 18.26 fish, including minnows, for sale, stocking waters, angling, or 18.27 processing. A private fish hatchery license is valid for five 18.28 years but must be renewed annually. 18.29 Sec. 41. Minnesota Statutes 1996, section 97C.211, is 18.30 amended by adding a subdivision to read: 18.31 Subd. 6. [NONPUBLIC RECORDS.] Information on production, 18.32 harvest, and sales of aquatic life by a private fish hatchery is 18.33 nonpublic information. 18.34 Sec. 42. Minnesota Statutes 1996, section 97C.505, is 18.35 amended by adding a subdivision to read: 18.36 Subd. 7. [INTERFERENCE PROHIBITED.] A person may not 19.1 knowingly damage, disturb, or interfere with legal commercial 19.2 minnow harvest operations. 19.3 Sec. 43. Minnesota Statutes 1996, section 168.1291, is 19.4 amended to read: 19.5 168.1291 [SPECIAL LICENSE PLATES; DESIGN.] 19.6 Subdivision 1. [DEFINITION.] For purposes of this section 19.7 "special license plates" means license plates issued under 19.8 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 19.9 168.1292; and 168.1296. 19.10 Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The 19.11 commissioner shall design a single special license plate that 19.12 will contain a unique number and a space for a unique symbol. 19.13 The commissioner shall design a unique symbol related to the 19.14 purpose of each special license plate. Any provision of 19.15 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 19.16 168.1292; and 168.1296that requires the placement of a 19.17 specified letter or letters on a special license plate applies 19.18 to those license plates only to the extent that the commissioner 19.19 includes the letter or letters in the design. Where a law 19.20 authorizing a special license plate contains a specific 19.21 requirement for graphic design of that license plate, that 19.22 requirement applies to the appropriate unique symbol the 19.23 commissioner designs. 19.24 Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 19.25 SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 19.26 168.123; 168.129; or 168.1292; or 168.1296, beginning with 19.27 special license plates issued in calendar year 1996 the 19.28 commissioner shall issue each class of special license plates 19.29 permanently marked with specific designs under those laws only 19.30 until the commissioner's supply of those license plates is 19.31 exhausted. Thereafter the commissioner shall issue under those 19.32 laws only the license plate authorized under subdivision 2, with 19.33 the appropriate unique symbol attached. 19.34 Subd. 4. [FEES.] Notwithstanding section 168.12, 19.35 subdivisions 2b to 2e; 168.123; 168.129; or 168.1292; or19.36168.1296, the commissioner shall charge a fee of $10 for each 20.1 set of license plates issued under this section. 20.2 Subd. 5. [APPLICATION.] This section does not apply to a 20.3 special motorcycle license plate designed by the registrar under 20.4 section 168.123, subdivision 1, clause (2). 20.5 Sec. 44. Minnesota Statutes 1996, section 168.1296, 20.6 subdivision 1, is amended to read: 20.7 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 20.8 The registrar shall issue special critical habitat license 20.9 plates to an applicant who: 20.10 (1) is an owner or joint owner of a passenger automobile, 20.11 pickup truck, or van; 20.12 (2) pays a fee of $10 to cover the costs of handling and 20.13 manufacturing the plates; 20.14 (3) pays the registration tax required under section 20.15 168.013; 20.16 (4) pays the fees required under this chapter; 20.17 (5) contributesat leasta minimum of $30 annually to the 20.18 Minnesota critical habitat private sector matching account 20.19 established in section 84.943; and 20.20 (6) complies with laws and rules governing registration and 20.21 licensing of vehicles and drivers. 20.22 (b) The critical habitat license application form must 20.23 clearly indicate that the annual contribution specified under 20.24 paragraph (a), clause (5), is a minimum contribution to receive 20.25 the license plate and that the applicant may make an additional 20.26 contribution to the account. 20.27 Sec. 45. Minnesota Statutes 1996, section 296.16, 20.28 subdivision 1, is amended to read: 20.29 Subdivision 1. [INTENT; GASOLINE USE.] All gasoline 20.30 received in this state and all gasoline produced in or brought 20.31 into this state except aviation gasoline and marine gasoline 20.32 shall be determined to be intended for use in motor vehicles in 20.33 this state. 20.34 Approximately 1-1/2 percent of all gasoline received in 20.35 this state and 1-1/2 percent of all gasoline produced or brought 20.36 into this state, except gasoline used for aviation purposes, is 21.1 being used as fuel for the operation of motorboats on the waters 21.2 of this state and of the total revenue derived from the 21.3 imposition of the gasoline fuel tax for uses other than for 21.4 aviation purposes, 1-1/2 percent of such revenues is the amount 21.5 of tax on fuel used in motorboats operated on the waters of this 21.6 state. 21.7 Approximatelythree-fourths ofone percent in fiscal years 21.8 1998 and 1999, and three-fourths of one percent thereafter, of 21.9 all gasoline received in and produced or brought into this 21.10 state, except gasoline used for aviation purposes, is being used 21.11 as fuel for the operation of snowmobiles in this state, and of 21.12 the total revenue derived from the imposition of the gasoline 21.13 fuel tax for uses other than for aviation 21.14 purposes,three-fourths ofone percent in fiscal years 1998 and 21.15 1999, and three-fourths of one percent thereafter, of such 21.16 revenues is the amount of tax on fuel used in snowmobiles 21.17 operated in this state. 21.18 Approximately 0.15 of one percent of all gasoline received 21.19 in or produced or brought into this state, except gasoline used 21.20 for aviation purposes, is being used for the operation of 21.21 all-terrain vehicles in this state, and of the total revenue 21.22 derived from the imposition of the gasoline fuel tax, 0.15 of 21.23 one percent is the amount of tax on fuel used in all-terrain 21.24 vehicles operated in this state. 21.25 Approximately 0.046 of one percent of all gasoline received 21.26 or produced in or brought into this state, except gasoline used 21.27 for aviation purposes, is being used for the operation of 21.28 off-highway motorcycles in this state, and of the total revenue 21.29 derived from the imposition of the gasoline fuel tax for uses 21.30 other than for aviation purposes, 0.046 of one percent is the 21.31 amount of tax on fuel used in off-highway motorcycles operated 21.32 in this state. 21.33 Approximately .164 of one percent of all gasoline received 21.34 or produced in or brought into this state, except gasoline used 21.35 for aviation purposes, is being used for the off-road operation 21.36 of off-road vehicles, as defined in section 84.797, in this 22.1 state, and of the total revenue derived from the imposition of 22.2 the gasoline fuel tax for uses other than aviation purposes, 22.3 .164 of one percent is the amount of tax on fuel used for 22.4 off-road operation of off-road vehicles in this state. 22.5 Sec. 46. Minnesota Statutes 1996, section 609.487, is 22.6 amended by adding a subdivision to read: 22.7 Subd. 2a. [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has 22.8 the meaning given it in section 169.01, subdivision 3, and 22.9 includes the following recreational motor vehicles: 22.10 (1) an off-highway motorcycle, as defined in section 22.11 84.787; 22.12 (2) an off-road vehicle, as defined in section 84.797; 22.13 (3) a snowmobile, as defined in section 84.81; 22.14 (4) an all-terrain vehicle, as defined in section 84.92; 22.15 (5) a motorboat, as defined in section 86B.005, subdivision 22.16 9; 22.17 (6) any hovercraft or motor vehicle licensed for highway 22.18 operation that is being used for an off-road recreational 22.19 purpose; and 22.20 (7) any other self-propelled vehicle or vehicle propelled 22.21 or drawn by a self-propelled vehicle that is being used for 22.22 recreational purposes. 22.23 Sec. 47. [GAME AND FISH FUND REPORT; 1997.] 22.24 In the 1997 report required under Minnesota Statutes, 22.25 section 97A.055, subdivision 4, paragraph (a), clause (3), the 22.26 commissioner must include: 22.27 (1) an analysis and discussion of the appropriate level of 22.28 expenditure from the game and fish fund for field operations 22.29 support, administrative management, statewide indirect costs, 22.30 fleet management, ecological services, office rent, statewide 22.31 communications, unemployment compensation, regional indirect 22.32 costs, and workers' compensation; 22.33 (2) a comparison of expenditures for each of the purposes 22.34 listed in clause (1) from all funds and accounts used by the 22.35 department; and 22.36 (3) recommendations for changes in the allocation of 23.1 funding from the game and fish fund for the purposes listed in 23.2 clause (1). 23.3 Sec. 48. [FIREARMS SAFETY PILOT PROGRAM.] 23.4 The commissioner of natural resources is authorized to 23.5 establish a two-year firearms safety pilot demonstration program 23.6 promoting awareness and understanding of the safe use and 23.7 storage of firearms that is value-neutral concerning firearms 23.8 ownership. The demonstration program shall be conducted in two 23.9 school districts, one of which shall be located in the 23.10 metropolitan area and one of which shall be conducted in 23.11 outstate Minnesota. The commissioner shall submit a report to 23.12 the legislature by January 15, 1999, regarding the efficacy of 23.13 the program and recommending whether the commissioner should 23.14 continue and expand the program. 23.15 Sec. 49. [APPROPRIATION.] 23.16 Notwithstanding Minnesota Statutes, section 84.943, 23.17 subdivision 3, $65,000 is appropriated from the Minnesota 23.18 critical habitat private sector matching account to the 23.19 commissioner of public safety for costs of handling and 23.20 manufacturing up to 10,000 special critical habitat license 23.21 plates, as needed. Notwithstanding Minnesota Statutes, section 23.22 168.1296, subdivision 5, $65,000 of the fees collected from 23.23 applicants for the license plates must be deposited in the state 23.24 treasury and credited to the Minnesota critical habitat private 23.25 sector matching account. Fees collected in excess of $65,000 23.26 must be deposited in the highway user tax distribution fund. 23.27 This appropriation is available until expended. 23.28 Sec. 50. [REPEALER.] 23.29 Minnesota Statutes 1996, section 97A.111, is repealed. 23.30 Sec. 51. [EFFECTIVE DATE.] 23.31 (a) Effective July 1, 1997, the commissioner shall develop 23.32 educational materials, administrative and testing procedures, 23.33 and a records program to implement the personal watercraft 23.34 safety certificate program under section 16 beginning January 1, 23.35 1998. 23.36 (b) Sections 14 to 17 are effective January 1, 1998. 24.1 (c) Section 6 is effective the day following final 24.2 enactment.