SF 2758

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/17/2016 09:51am

A bill for an act
relating to game and fish; modifying provisions for taking wild animals; requiring
a report; amending Minnesota Statutes 2014, sections 97A.201, subdivision 2, by
adding a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision
1; 97A.421, subdivision 2a; 97A.451, subdivision 6; 97B.035, subdivision
1; 97B.731, subdivision 3; 97B.811, subdivision 4a; 97C.401, subdivision 2;
Minnesota Statutes 2015 Supplement, section 97B.9251; proposing coding for
new law in Minnesota Statutes, chapters 97A; 97B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [97A.036] USE OF UNMANNED AIRCRAFT SYSTEMS TO TAKE
WILD ANIMALS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) ''Unmanned aircraft'' means an aircraft that is operated without the possibility of
direct human intervention from within or on the aircraft.
new text end

new text begin (c) ''Unmanned aircraft system'' means an unmanned aircraft and associated
elements, including communication links and the components that control the unmanned
aircraft, that are required for the pilot in command to operate safely and efficiently in the
national airspace system.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin A person may not use an unmanned aircraft system to take,
harm, or harass a wild animal.
new text end

Sec. 2.

Minnesota Statutes 2014, section 97A.201, subdivision 2, is amended to read:

Subd. 2.

Duty of deleted text begin county attorneys and deleted text end peace officers.

deleted text begin County attorneys and deleted text end All
peace officers must enforce the game and fish laws.

Sec. 3.

Minnesota Statutes 2014, section 97A.201, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Prosecuting authority. new text end

new text begin (a) County attorneys are the primary prosecuting
authority for violations under section 97A.205, clause (5).
new text end

new text begin (b) Prosecution under paragraph (a) includes associated civil forfeiture actions
provided by law.
new text end

Sec. 4.

Minnesota Statutes 2014, section 97A.301, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

Unless a different penalty is prescribed, a person
is guilty of a misdemeanor if that person:

(1) takes, buys, sells, transports or possesses a wild animal in violation of the game
and fish laws;

(2) aids or assists in committing the violation;

(3) knowingly shares in the proceeds of the violation;

(4) fails to perform a duty or comply with a requirement of the game and fish laws;

(5) knowingly makes a false statement related to an affidavit regarding a violation new text begin or
requirement new text end of the game and fish laws; or

(6) violates or attempts to violate a rule under the game and fish laws.

Sec. 5.

Minnesota Statutes 2014, section 97A.338, is amended to read:

97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.

new text begin (a) new text end A person who takes, possesses, or transports wild animals over the legal limit, in
closed season, or without a valid license, when the restitution value of the wild animals
is over $1,000 is guilty of a gross overlimit violation. A violation under this section
is a gross misdemeanor.

new text begin (b) If a wild animal involved in the violation under this section is listed as a threatened
or endangered wild animal, the penalty in paragraph (a) does not apply unless more than
one animal is taken, possessed, or transported in violation of the game and fish laws.
new text end

Sec. 6.

Minnesota Statutes 2014, section 97A.420, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) An enforcement officer shall immediately seize the
license of a person who unlawfully takes, transports, or possesses wild animals when the
restitution value of the wild animals exceeds $500. Except as provided in subdivisions
2, 4, and 5, the person may not use or obtain any license to take the same type of wild
animals involved, including a duplicate license, until an action is taken under subdivision
6. If the license seized under this paragraph was for a big game animal, the license seizure
applies to all licenses to take big game issued to the individual. If the license seized under
this paragraph was for small game animals, the license seizure applies to all licenses to
take small game issued to the individual.

(b) In addition to the license seizure under paragraph (a), if the restitution value of
the wild animals unlawfully taken, possessed, or transported is deleted text begin $5,000 deleted text end new text begin $1,000 new text end or more, all
other game and fish licenses held by the person shall be immediately seized. Except as
provided in subdivision 2, 4, or 5, the person may not obtain any game or fish license or
permit, including a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this
subdivision until an action is taken under subdivision 6.

Sec. 7.

Minnesota Statutes 2014, section 97A.421, subdivision 2a, is amended to read:

Subd. 2a.

License revocation after conviction.

(a) new text begin A person may not obtain a
license to take a wild animal and is prohibited from taking wild animals for a period
of ten years after the date of conviction of a violation when the restitution value of the
wild animals is $2,000 or more.
new text end

new text begin (b) new text end A person may not obtain a license to take a wild animal and is prohibited from
taking wild animals for a period of five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is deleted text begin $5,000 deleted text end new text begin $1,000 new text end or
more new text begin , but less than $2,000 new text end ; or

(2) a violation when the restitution value of the wild animals exceeds $500 and
the violation occurs within ten years of one or more previous license revocations under
this deleted text begin subdivision deleted text end new text begin paragraph new text end .

deleted text begin (b) deleted text end new text begin (c) new text end A person may not obtain a license to take the type of wild animals involved in
a violation when the restitution value of the wild animals exceeds $500 and is prohibited
from taking the type of wild animals involved in the violation for a period of three years
after the date of conviction of a violation.

deleted text begin (c) deleted text end new text begin (d) new text end The time period of multiple revocations under paragraph (a), new text begin or paragraph
(b), new text end clause (2), shall be consecutive and no wild animals of any kind may be taken during
the entire period.

new text begin (e) If a wild animal involved in the conviction is listed as a threatened or endangered
wild animal, the revocations specified under this subdivision do not apply unless more
than one animal is taken, possessed, or transported in violation of the game and fish laws.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end The court may not stay or reduce the imposition of license revocation
provisions under this subdivision.

Sec. 8.

Minnesota Statutes 2014, section 97A.451, subdivision 6, is amended to read:

Subd. 6.

Nonresidents under age 16 attending camps; fishing.

A nonresident
under the age of 16 that is attending a camp conducted by a nonprofit organization may
take fish by angling in adjacent and connected public waters without a license. deleted text begin The
organization must have a certificate from the commissioner that describes the public
waters where the fishing is allowed. deleted text end The nonresident must possess a deleted text begin document, prescribed
by the commissioner, for identification of the nonresident and the authorized fishing
waters. The deleted text end new text begin written new text end document deleted text begin must be deleted text end new text begin that authorizes angling and that is new text end signed and dated
within the current calendar year by the person in charge of the camp.

Sec. 9.

Minnesota Statutes 2014, section 97B.035, subdivision 1, is amended to read:

Subdivision 1.

Hunting with bows released by mechanical devices.

(a) A person
may not hunt with a bow drawn, held, or released by a mechanical device, except new text begin :
new text end

new text begin (1) new text end with a disabled hunter permit issued under section 97B.106 new text begin ;
new text end

new text begin (2) as provided in section 97B.037 for persons age 60 or over; new text end or

new text begin (3) new text end as provided in paragraph (b).

(b) A person may use a mechanical device attached to the bowstring if the person's
own strength draws, holds, and releases the bowstring.

Sec. 10.

Minnesota Statutes 2014, section 97B.731, subdivision 3, is amended to read:

Subd. 3.

Crow season.

The commissioner shall prescribe deleted text begin a 124-day deleted text end new text begin an new text end open season
and restrictions for taking crows new text begin beginning July 15 and ending October 31 new text end . deleted text begin The open
season may not be shorter than the maximum season allowed under federal law. deleted text end The
remainder of the year crows may be taken as allowed by federal law.

Sec. 11.

Minnesota Statutes 2014, section 97B.811, subdivision 4a, is amended to read:

Subd. 4a.

Restrictions on certain motorized decoys.

deleted text begin From the opening day of the
duck season through the Saturday nearest October 8, a person may not use a motorized
decoy, or other motorized device designed to attract migratory waterfowl. During the
remainder of the duck season, deleted text end The commissioner may, by rule, designate all or any portion
of a wetland or lake closed to the use of motorized decoys or motorized devices designed
to attract migratory waterfowl. On water bodies and lands fully contained within wildlife
management area boundaries, a person may not use motorized decoys or motorized
devices designed to attract migratory waterfowl at any time during the duck season.

Sec. 12.

Minnesota Statutes 2015 Supplement, section 97B.9251, is amended to read:

97B.9251 BEAVER SEASON.

The commissioner may establish open seasons and restrictions for taking beaver
from 9:00 a.m. on the Saturday nearest October 26 in the North Zone and from 9:00 a.m.
on the Saturday nearest October 30 in the South Zone. The seasons shall be open until May
15 new text begin , except the commissioner may adopt rules to close the South Zone at an earlier date new text end .

Sec. 13.

new text begin [97B.929] PLACING TRAPS OR SNARES ON PRIVATE LAND;
WRITTEN PERMISSION REQUIRED.
new text end

new text begin A person may not set or place a trap or snare on private property that is not subject to a
requirement to be open to the public, other than property owned or occupied by the person,
unless the person has the written permission of the owner, occupant, or lessee of the private
property. This section includes, but is not limited to, written permission to access private
property from waters of the state when the trap or snare is placed or staked in the water.
new text end

Sec. 14.

Minnesota Statutes 2014, section 97C.401, subdivision 2, is amended to read:

Subd. 2.

Walleye deleted text begin ; northern pike deleted text end .

(a) Except as provided in paragraph (b), a person
may have no more than one walleye larger than 20 inches deleted text begin and one northern pike larger
than 30 inches deleted text end in possession.

(b) deleted text begin The restrictions in deleted text end Paragraph (a) deleted text begin do deleted text end new text begin does new text end not apply to boundary waters.

Sec. 15. new text begin RULEMAKING; NORTHERN PIKE.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6262.0200, subpart 1, item G, to establish the daily and possession limits for northern pike
in management zones according to paragraphs (b) to (e).
new text end

new text begin (b) The northeastern management zone includes all inland waters lying east
and north of U.S. Highway 53 from International Falls to Duluth. In the northeastern
management zone, the daily and possession limit for northern pike is two. When taking
northern pike by angling in the northeastern management zone, only one over 40 inches in
length may be in possession, and all northern pike from 30 to 40 inches in length must be
immediately returned to the water. When taking northern pike by dark house spearing,
only one over 26 inches in length may be in possession.
new text end

new text begin (c) The north central management zone includes all inland waters lying west and
south of U.S. Highway 53 from International Falls to Duluth and north of a line described
as follows: from the South Dakota border, along State Highway 7 to State Highway 22,
thence south on State Highway 22 to U.S. Highway 212, thence east on U.S. Highway
212 to State Highway 41, thence south on State Highway 41 to the near or north bank
of the Minnesota River, thence along the near banks of the Minnesota and Mississippi
Rivers to the Wisconsin border. The north central management zone does not include
waters of the Minnesota or Mississippi Rivers where those waters create the southern
boundary of the zone. In the north central management zone, the daily and possession
limit for northern pike is ten.
new text end

new text begin (1) When taking northern pike by angling in the north central management zone,
only two over 26 inches in length may be in possession, and all northern pike from 22
to 26 inches must be immediately returned to the water.
new text end

new text begin (2) When taking northern pike by dark house spearing in the north central
management zone:
new text end

new text begin (i) only two northern pike over 26 inches in length and no northern pike from 22 to
26 inches in length may be in possession; or
new text end

new text begin (ii) only one northern pike from 22 to 26 inches in length and one northern pike over
26 inches in length may be in possession.
new text end

new text begin (d) The southern management zone includes all inland waters lying south of a line
described as follows: from the South Dakota border, along State Highway 7 to State
Highway 22, thence south on State Highway 22 to U.S. Highway 212, thence east on U.S.
Highway 212 to State Highway 41, thence south on State Highway 41 to and including
the waters of the Minnesota River, thence along the Minnesota River to and including the
waters of the Mississippi River to the Wisconsin border. In the southern management
zone, the daily and possession limit for northern pike is two. The minimum size for
northern pike taken by angling or dark house spearing in the southern management zone is
24 inches in length.
new text end

new text begin (e) The restrictions in paragraphs (b) to (d) do not apply in boundary waters.
new text end

new text begin (f) The commissioner may use the good cause exempt rulemaking procedure under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply, except as provided under
Minnesota Statutes, section 14.388.
new text end

new text begin (g) No later than January 15, 2027, the commissioner must report on the success
of the northern pike regulations, together with recommendations on whether to keep or
change the regulations. The report must be submitted to the chairs and ranking minority
members of the senate and house of representatives committees having jurisdiction over
environment and natural resources policy and finance.
new text end

Sec. 16. new text begin FISH HOOKING MORTALITY REPORT.
new text end

new text begin By January 15, 2018, the commissioner of natural resources shall report to the
legislative committees with jurisdiction over natural resource policy on catch-and-release
fish hooking mortality. The report shall include an explanation of the methodology used
to determine hooking mortality. As a part of the explanation, the commissioner shall
re-examine the current methodology for determining hooking mortality and include
recommendations for changes in the methodology, based on updated information and
studies.
new text end