SF 2712

1st 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; providing for the 
  1.3             acquisition of critical aquatic habitat; modifying 
  1.4             commercial netting provisions; exempting archery bows 
  1.5             used for bowfishing from casing requirement; 
  1.6             prohibiting the taking of white bears; permitting the 
  1.7             commissioner to take catfish in certain waters; 
  1.8             modifying minnow retailer provisions; modifying turtle 
  1.9             license provisions; requiring the commissioner of 
  1.10            natural resources to study lifetime hunting and 
  1.11            fishing licenses; requiring the commissioner of 
  1.12            natural resources to study the modification of species 
  1.13            restrictions on shooting preserves; authorizing the 
  1.14            public sale of certain tax-forfeited land that borders 
  1.15            public water in Mower county; authorizing the sale of 
  1.16            certain school trust land bordering public waters in 
  1.17            St. Louis county; amending Minnesota Statutes 1996, 
  1.18            sections 86A.04; 97B.051; 97B.411; 97C.041; 97C.501, 
  1.19            subdivision 1; and 97C.605, subdivisions 1 and 2; 
  1.20            Minnesota Statutes 1997 Supplement, sections 97A.475, 
  1.21            subdivision 30; and 97C.501, subdivision 2; proposing 
  1.22            coding for new law in Minnesota Statutes, chapter 97C. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 1996, section 86A.04, is 
  1.25  amended to read: 
  1.26     86A.04 [COMPOSITION OF SYSTEM.] 
  1.27     The outdoor recreation system shall consist of all state 
  1.28  parks; state recreation areas; state trails established pursuant 
  1.29  to sections 84.029, subdivision 2, and 85.015; state scientific 
  1.30  and natural areas; state wilderness areas; state forests; state 
  1.31  wildlife management areas; state water access sites, which 
  1.32  include all lands and facilities established by the commissioner 
  1.33  of natural resources or the commissioner of transportation to 
  1.34  provide public access to water; state wild, scenic, and 
  2.1   recreational rivers; state historic sites; and state rest areas, 
  2.2   which include all facilities established by the commissioner of 
  2.3   transportation for the safety, rest, comfort and use of the 
  2.4   highway traveler, and shall include all existing facilities 
  2.5   designated as rest areas and waysides by the commissioner of 
  2.6   transportation; and any other units not enumerated herein that 
  2.7   are classified under section 86A.05.  Each individual state 
  2.8   park, state recreation area, and so forth is called a "unit." 
  2.9      Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.10  97A.475, subdivision 30, is amended to read: 
  2.11     Subd. 30.  [COMMERCIAL NETTING OF FISH.] The fees to take 
  2.12  commercial fish are: 
  2.13     (1) commercial license fees: 
  2.14     (i) for residents and nonresidents seining and netting in 
  2.15  inland waters, $90; 
  2.16     (ii) for residents netting in Lake Superior, $50; 
  2.17     (iii) for residents netting in Lake of the Woods, Rainy, 
  2.18  Namakan, and Sand Point lakes, $50; 
  2.19     (iv) for residents seining in the Mississippi River from St.
  2.20  Anthony Falls to the St. Croix River junction, $50; 
  2.21     (v) for residents seining, netting, and set lining in 
  2.22  Wisconsin boundary waters from Lake St. Croix to the Iowa 
  2.23  border, $50; and 
  2.24     (vi) for a resident apprentice license, $25; and 
  2.25     (2) commercial gear fees: 
  2.26     (i) for each gill net in Lake Superior, Wisconsin boundary 
  2.27  waters, and Namakan Lake, $3.50 per 100 feet of net; 
  2.28     (ii) for each seine in inland waters, on the Mississippi 
  2.29  River as described in section 97C.801, subdivision 2, and in 
  2.30  Wisconsin boundary waters, $7 per 100 feet; 
  2.31     (iii) for each commercial hoop net in inland waters, $1.25; 
  2.32     (iv) for each submerged fyke, trap, and hoop net in Lake 
  2.33  Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
  2.34  Namakan, and Sand Point lakes, and for each pound net in Lake 
  2.35  Superior, $15; 
  2.36     (v) for each stake and pound net in Lake of the Woods, $60; 
  3.1   and 
  3.2      (vi) for each set line in the Wisconsin boundary waters, 
  3.3   $20; and 
  3.4      (vii) for each trawl used in Lake Superior, $50.  
  3.5      Sec. 3.  Minnesota Statutes 1996, section 97B.051, is 
  3.6   amended to read: 
  3.7      97B.051 [TRANSPORTATION OF ARCHERY BOWS.] 
  3.8      Except as specified under section 97C.376, a person may not 
  3.9   transport an archery bow in a motor vehicle unless the bow is:  
  3.10     (1) unstrung; 
  3.11     (2) completely contained in a case; or 
  3.12     (3) in the closed trunk of a motor vehicle. 
  3.13     Sec. 4.  Minnesota Statutes 1996, section 97B.411, is 
  3.14  amended to read: 
  3.15     97B.411 [BEAR SEASON AND RESTRICTIONS.] 
  3.16     The commissioner may, by rule, prescribe the open season 
  3.17  and the areas and restrictions for the taking of bear.  A person 
  3.18  may not take a white bear. 
  3.19     Sec. 5.  [97C.007] [CRITICAL AQUATIC HABITAT.] 
  3.20     The commissioner shall acquire lands that are critical 
  3.21  habitat for fish and other aquatic life and that meet criteria 
  3.22  described for aquatic management areas in section 86A.05, 
  3.23  subdivision 14.  The lands that are acquired may be developed to 
  3.24  manage lakes, rivers, streams, and adjacent wetlands and lands 
  3.25  for aquatic life, water quality, intrinsic biological value, 
  3.26  public fishing, and other compatible outdoor recreational uses.  
  3.27  The lands may be acquired by gift, lease, easement, or 
  3.28  purchase.  The commissioner shall designate lands acquired under 
  3.29  this section as aquatic management areas for purposes of the 
  3.30  outdoor recreation system. 
  3.31     Sec. 6.  Minnesota Statutes 1996, section 97C.041, is 
  3.32  amended to read: 
  3.33     97C.041 [COMMISSIONER MAY REMOVE ROUGH FISH.] 
  3.34     The commissioner may take rough fish, lake whitefish, and 
  3.35  rainbow smelt with seines, nets, and other devices.  The 
  3.36  commissioner may take catfish with seines, nets, and other 
  4.1   devices on the Minnesota-Wisconsin boundary waters.  The 
  4.2   commissioner may hire or contract persons, or issue permits, to 
  4.3   take the fish.  The commissioner shall prescribe the manner of 
  4.4   taking and disposal.  The commissioner may award a contract 
  4.5   under this section without competitive bidding.  Before 
  4.6   establishing the contractor's compensation, the commissioner 
  4.7   must consider the qualifications of the contractor, including 
  4.8   the contractor's equipment, knowledge of the waters, and ability 
  4.9   to perform the work.  
  4.10     Sec. 7.  [97C.376] [BOWFISHING EXEMPTION.] 
  4.11     An archery bow used exclusively to harvest rough fish and 
  4.12  having an attached bowfishing reel and tethered arrow with a 
  4.13  harpoon-style bowfishing point is exempt from the transportation 
  4.14  restriction under section 97B.051 when the bow is being used in 
  4.15  a motorboat while powered by an electric trolling motor for the 
  4.16  pursuit of legal rough fish species. 
  4.17     Sec. 8.  Minnesota Statutes 1996, section 97C.501, 
  4.18  subdivision 1, is amended to read: 
  4.19     Subdivision 1.  [MINNOW RETAILERS.] (a) A person may not be 
  4.20  a minnow retailer without a minnow retailer license except as 
  4.21  provided in subdivision subdivisions 2, paragraph (d), and 3.  A 
  4.22  person must purchase a minnow retailer license for each minnow 
  4.23  retail outlet operated, except as provided under subdivision 2, 
  4.24  paragraph (d).  
  4.25     (b) A minnow retailer must obtain a minnow retailer's 
  4.26  vehicle license for each motor vehicle used by the minnow 
  4.27  retailer to transport more than 12 dozen minnows to the minnow 
  4.28  retailer's place of business, except as provided in subdivision 
  4.29  3.  A minnow retailer is not required to obtain a minnow 
  4.30  retailer's vehicle license if minnows are being transported by 
  4.31  common carrier and information is provided that allows the 
  4.32  commissioner to find out the location of the shipment in the 
  4.33  state. 
  4.34     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  4.35  97C.501, subdivision 2, is amended to read: 
  4.36     Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
  5.1   minnow dealer without a minnow dealer license except as provided 
  5.2   in subdivision 3. 
  5.3      (b) A minnow dealer must obtain a minnow dealer's vehicle 
  5.4   license for each motor vehicle used to transport minnows.  The 
  5.5   serial number, motor vehicle license number, make, and model 
  5.6   must be on the license.  The license must be conspicuously 
  5.7   displayed in the vehicle.  
  5.8      (c) A minnow dealer may not transport minnows out of the 
  5.9   state without an exporting minnow dealer license.  A minnow 
  5.10  dealer must obtain an exporting minnow dealer's vehicle license 
  5.11  for each motor vehicle used to transport minnows out of the 
  5.12  state.  The serial number, motor vehicle license number, make, 
  5.13  and model must be on the license.  The license must be 
  5.14  conspicuously displayed in the vehicle.  
  5.15     (d) A person with a minnow dealer license may sell minnows 
  5.16  at one retail outlet.  A minnow dealer must obtain a minnow 
  5.17  retailer license for each additional retail outlet operated.  A 
  5.18  minnow dealer operating a retail outlet under a minnow dealer 
  5.19  license must provide the following information for the retail 
  5.20  outlet: 
  5.21     (1) the name of the business; 
  5.22     (2) the city, state, and zip code where the retail outlet 
  5.23  is located; and 
  5.24     (3) the legal description or fire number. 
  5.25     The retail outlet name and location may be changed by 
  5.26  making application to the commissioner.  
  5.27     Sec. 10.  Minnesota Statutes 1996, section 97C.605, 
  5.28  subdivision 1, is amended to read: 
  5.29     Subdivision 1.  [LICENSE REQUIRED.] A person may not take, 
  5.30  possess, buy, sell, or transport turtles without an angling 
  5.31  license, except as provided in subdivision 2.  
  5.32     Sec. 11.  Minnesota Statutes 1996, section 97C.605, 
  5.33  subdivision 2, is amended to read: 
  5.34     Subd. 2.  [SALES LICENSE.] (a) A person may not take, 
  5.35  possess, transport, or purchase turtles for sale without a 
  5.36  turtle seller's license, except as provided in this subdivision. 
  6.1      (b) A person does not need a turtle seller's license is not 
  6.2   required to buy turtles for retail sale to consumers or an 
  6.3   angling license: 
  6.4      (1) at a location licensed by the department of agriculture 
  6.5   or health for sale or preparation of food when buying turtles 
  6.6   for resale at a retail outlet; 
  6.7      (2) of a person licensed by the department of agriculture 
  6.8   or health for sale or preparation of food; or 
  6.9      (3) of a person when buying a turtle at a retail outlet; or 
  6.10     (3) if the person is a nonresident buying a turtle from a 
  6.11  licensed turtle seller for export out-of-state.  Shipping 
  6.12  documents provided by the turtle sellers shall accompany each 
  6.13  shipment exported out-of-state by a nonresident.  Shipping 
  6.14  documents shall include: 
  6.15     (i) the name, address, city, state, and zip code of the 
  6.16  buyer; 
  6.17     (ii) the number of each species of turtle exported; and 
  6.18     (iii) the name and license number of the turtle seller. 
  6.19     Sec. 12.  [LIFETIME LICENSE STUDY.] 
  6.20     By January 15, 1999, the commissioner of natural resources 
  6.21  must submit a report to the house and senate environment and 
  6.22  natural resources committees regarding lifetime hunting and 
  6.23  fishing licenses, including an analysis of the potential for 
  6.24  success with the licenses, any problems associated with the 
  6.25  licenses, and an analysis of the fiscal impact of the licenses. 
  6.26     Sec. 13.  [SHOOTING PRESERVE STUDY.] 
  6.27     By January 15, 1999, the commissioner of natural resources 
  6.28  must submit a report to the house and senate environment and 
  6.29  natural resources committees regarding expansion of the species 
  6.30  allowed under Minnesota Statutes, section 97A.115. 
  6.31     Sec. 14.  [SALE OF TAX-FORFEITED LAND; MOWER COUNTY.] 
  6.32     (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
  6.33  282.018, subdivision 1, Mower county may sell the tax-forfeited 
  6.34  land bordering public water that is described in paragraph (c), 
  6.35  under the remaining provisions of Minnesota Statutes, chapter 
  6.36  282. 
  7.1      (b) The conveyance must be in a form approved by the 
  7.2   attorney general. 
  7.3      (c) The land to be sold is located in Mower county and is 
  7.4   described as: 
  7.5      The following portion of the South Half of the Northwest 
  7.6      Quarter and the North Half of the Southwest Quarter of 
  7.7      Section 33, Township 101 North, Range 18 West; Beginning at 
  7.8      a point 703.9 feet East of a point on the West Section line 
  7.9      1729 feet North of the Southwest corner of said Section 33, 
  7.10     thence due East 1216 feet to the center of the Cedar river, 
  7.11     thence North 30 degrees 52 minutes West along the 
  7.12     centerline of said river 534 feet, thence North 35 degrees 
  7.13     50 minutes West along said centerline 272 feet; thence 
  7.14     North 51 degrees 20 minutes West along said centerline 357 
  7.15     feet, thence North 12 degrees 26 minutes East along said 
  7.16     centerline 359 feet to a point 605 feet due East of a point 
  7.17     1264.9 feet North of the place of beginning, thence 605 
  7.18     feet due West to said point 1264.9 feet North of the place 
  7.19     of beginning, thence 1264.9 feet South to the place of 
  7.20     beginning, containing 25 acres; Also an easement for 
  7.21     cartway purposes for ingress to and egress from the 
  7.22     above-described 25 acre tract, upon a strip of land 33 feet 
  7.23     north and south, the north line of which borders upon the 
  7.24     south line of the land conveyed to the Woodbury cemetery 
  7.25     association of Lyle, Mower County, Minnesota, by the deed 
  7.26     recorded in Book 14 of Deeds, page 488, in the office of 
  7.27     the register of deeds of said county, and which extends 
  7.28     from the highway along the west line of said section, 
  7.29     eastward to the said 25-acre tract. 
  7.30     (d) The county has determined that the county's land 
  7.31  management interests would best be served if the land was 
  7.32  returned to private ownership. 
  7.33     Sec. 15.  [SALE OF SCHOOL TRUST LAND IN ST. LOUIS COUNTY.] 
  7.34     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
  7.35  commissioner of natural resources may sell at public sale the 
  7.36  leased school trust land bordering public waters described in 
  8.1   paragraph (c) under the remaining provisions of Minnesota 
  8.2   Statutes, chapter 92. 
  8.3      (b) The conveyance must be in a form approved by the 
  8.4   attorney general. 
  8.5      (c) The land to be sold is located in St. Louis county and 
  8.6   is described as:  
  8.7      Lot 1, Block 1, Spirit Lake Shores Plat, Section 25, 
  8.8   Township 58 North, Range 19 West. 
  8.9      (d) The improvements on the land that are owned by the 
  8.10  lessee must be purchased separately from the land, as prescribed 
  8.11  in Minnesota Statutes, section 92.06, subdivision 4.