SF 2900

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/08/2010 11:41am

A bill for an act
relating to game and fish; modifying aquaculture provisions; modifying disposal
restrictions for certain livestock taken by wild animals; modifying provisions
for taking, possessing, and transporting wild animals; modifying requirements
for fish and wildlife management plans; modifying game and fish license
provisions; modifying license requirements and fees for youth hunters; providing
exemptions from rulemaking; providing criminal penalties; amending Minnesota
Statutes 2008, sections 17.4982, subdivision 12, by adding a subdivision;
17.4991, subdivision 3; 17.4994; 35.82, subdivision 2; 84.942, subdivision 1;
84D.03, subdivision 3; 84D.13, subdivision 3; 97A.015, subdivision 52, by
adding a subdivision; 97A.101, subdivision 3; 97A.145, subdivision 2; 97A.311,
subdivision 5; 97A.331, by adding subdivisions; 97A.420, subdivisions 2, 3, 4,
6, by adding a subdivision; 97A.421, subdivision 4a, by adding a subdivision;
97A.433, by adding a subdivision; 97A.435, subdivision 1; 97A.445, subdivision
5; 97A.451, subdivision 3; 97A.475, subdivisions 3a, 4, 43, 44; 97A.535,
subdivision 2a; 97A.545, subdivision 5; 97B.015; 97B.020; 97B.021, subdivision
1; 97B.022, subdivision 2; 97B.031, subdivision 5; 97B.045, by adding a
subdivision; 97B.075; 97B.106, subdivision 1; 97B.301, subdivisions 3, 6;
97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.601, subdivision 4;
97B.711, by adding a subdivision; 97B.803; 97C.005, subdivision 3; 97C.087,
subdivision 2; 97C.205; 97C.341; Minnesota Statutes 2009 Supplement,
sections 84.95, subdivision 2; 97A.075, subdivision 1; 97A.445, subdivision
1a; 97A.475, subdivisions 2, 3; 97B.055, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapters 17; 97B; repealing Minnesota Statutes
2008, sections 84.942, subdivisions 2, 3, 4; 97A.435, subdivision 5; 97A.451,
subdivisions 3a, 4; 97A.485, subdivision 12; 97B.022, subdivision 1; 97B.511;
97B.515, subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 17.4982, is amended by adding a
subdivision to read:

new text begin Subd. 10a. new text end

new text begin Fish collector. new text end

new text begin "Fish collector" means an individual who has been
certified under section 17.4989 to oversee the collection of fish samples from a facility or
a water body for disease testing by a certified laboratory.
new text end

Sec. 2.

Minnesota Statutes 2008, section 17.4982, subdivision 12, is amended to read:

Subd. 12.

Fish health inspection.

new text begin (a) new text end "Fish health inspection" means an on-site,
statistically based sampling new text begin , collection, and testing of fish new text end in accordance with processes
in the Fish Health Blue Book deleted text begin for all lots of fish in a facility deleted text end new text begin or the Diagnostic Manual
for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
to test for causative pathogens. The samples for inspection must be collected by a fish
health inspector or a fish collector in cooperation with the producer. Testing of samples
must be done by an approved laboratory new text end .

new text begin (b) new text end The inspection new text begin for viral hemorrhagic septicemia (VHS), infectious pancreatic
necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
nonsalmonids new text end must include at deleted text begin least deleted text end new text begin a minimum new text end viral testing of ovarian fluids at the 95
percent confidence level of detecting two percent incidence of disease deleted text begin (ovarian fluids must
be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic
necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a
five percent incidence of disease. The inspection must be performed by a fish health
inspector in cooperation with the producer with subsequent examination of the collected
tissues and fluids for the detection of certifiable diseases deleted text end .

new text begin (c) The inspection for certifiable diseases for wild fish must follow the guidelines of
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
new text end

Sec. 3.

new text begin [17.4989] FISH SAMPLE COLLECTING.
new text end

new text begin Subdivision 1. new text end

new text begin Training. new text end

new text begin Fish collector training may be offered by any organization
or agency that has had its class and practicum syllabus approved by the commissioner.
The class and practicum must include the following components:
new text end

new text begin (1) accurate identification of licensed water bodies listed according to section
17.4984 and ensuring that collection is taking place at the correct site;
new text end

new text begin (2) identification of fish internal organs;
new text end

new text begin (3) fish dissection and sample preparation as identified by the Department of Natural
Resources based on specific testing requirements or as outlined in the Fish Health
Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
International Office of Epizootics (OIE);
new text end

new text begin (4) recording and reporting data;
new text end

new text begin (5) sample preparation and shipping;
new text end

new text begin (6) a field collection site test to demonstrate mastery of the necessary skills, overseen
by a certified fish health inspector; and
new text end

new text begin (7) a certificate of successful completion signed by a certified fish health inspector
on a form provided by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Certification time period. new text end

new text begin Fish collector certification is valid for five years
and is not transferable. A person may renew certification only by successfully completing
certification training. Certification shall be revoked if the certified person is convicted
of violating any of the statutes or rules governing testing for aquatic species diseases.
Certification may be suspended during an investigation associated with misconduct or
violations of fish health testing and collection. The commissioner shall notify the person
that certification is being revoked or suspended.
new text end

new text begin Subd. 3. new text end

new text begin Conflict of interest. new text end

new text begin A fish collector may not oversee the collection of fish
from a facility or a water body when the collector has a conflict of interest in connection
with the outcome of the testing.
new text end

Sec. 4.

Minnesota Statutes 2008, section 17.4991, subdivision 3, is amended to read:

Subd. 3.

Fish health inspection.

(a) An aquatic farm propagating deleted text begin trout, salmon, deleted text end new text begin
salmonids new text end or catfish and having an effluent discharge from the aquatic farm into public
waters must have a fish health inspection conducted at least once every 12 months by a
certified fish health inspector. Testing must be conducted according to deleted text begin approved deleted text end new text begin the Fish
Health Blue Book new text end laboratory methods.

(b) new text begin An aquatic farm propagating any species on the viral hemorrhagic septicemia
(VHS) susceptible list and having an effluent discharge from the aquatic farm into public
waters must test for VHS virus using the guidelines of the Fish Health Blue Book or the
Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of
Epizootics (OIE). The commissioner may, by written order published in the State Register,
prescribe alternative testing time periods and methods from those prescribed in the Fish
Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
biosecurity measures will not be compromised. These alternatives are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
must provide reasonable notice to affected parties of any changes in testing requirements.
new text end

new text begin (c) Results of fish health inspections must be provided to the commissioner for all
fish that remain in the state. All data used to prepare and issue a fish health certificate must
be maintained for three years by the issuing fish health inspector, approved laboratory, or
accredited veterinarian.
new text end

new text begin (d) new text end A health inspection fee must be charged based on each lot of fish sampled. The
fee by check or money order payable to the Department of Natural Resources must be
prepaid or paid at the time a bill or notice is received from the commissioner that the
inspection and processing of samples is completed.

deleted text begin (c) deleted text end new text begin (e) new text end Upon receipt of payment and completion of inspection, the commissioner
shall notify the operator and issue a fish health certificate. The certification must be made
according to the Fish Health Blue Book by a person certified as a fish health inspector.

deleted text begin (d) deleted text end new text begin (f) new text end All aquatic life in transit or held at transfer stations within the state may
be inspected by the commissioner. This inspection may include the collection of stock
for purposes of pathological analysis. Sample size necessary for analysis will follow
guidelines listed in the Fish Health Blue Book.

deleted text begin (e) deleted text end new text begin (g) new text end Salmonids and catfish must have a fish health inspection before being
transported from a containment facility, unless the fish are being transported directly to
an outlet for processing or other food purposes or unless the commissioner determines
that an inspection is not needed. A fish health inspection conducted for this purpose need
only be done on the lot or lots of fish that will be transported. The commissioner must
conduct a fish health inspection requested for this purpose within five working days of
receiving written notice. Salmonids and catfish may be immediately transported from a
containment facility to another containment facility once a sample has been obtained for a
health inspection or once the five-day notice period has expired.

Sec. 5.

Minnesota Statutes 2008, section 17.4994, is amended to read:

17.4994 SUCKER EGGS.

Sucker eggs may be taken from public waters with a sucker egg license endorsement deleted text begin ,
which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres
of licensed surface waters except that for intensive culture systems, sucker eggs may be
taken at a rate of two quarts per 1,000 muskellunge fry being reared deleted text end new text begin for the fee prescribed
in section 97A.475, subdivision 29 new text end . deleted text begin The deleted text end Taking deleted text begin of deleted text end sucker eggs from public waters is
subject to chapter 97C and may be supervised by the commissioner. new text begin The commissioner
may limit the amount of sucker eggs that a person with a sucker egg license endorsement
may take based on the number of sucker eggs taken historically by the licensee, new
requests for eggs, and the condition of the spawning runs at those historical streams and
rivers that have produced previous annual quotas.
new text end

Sec. 6.

Minnesota Statutes 2008, section 35.82, subdivision 2, is amended to read:

Subd. 2.

Disposition of carcasses.

(a) Except as provided in subdivision 1b and
deleted text begin paragraph deleted text end new text begin paragraphs new text end (d) new text begin and (f) new text end , every person owning or controlling any domestic animal
that has died or been killed otherwise than by being slaughtered for human or animal
consumption, shall as soon as reasonably possible bury the carcass at a depth adequate to
prevent scavenging by other animals in the ground or thoroughly burn it or dispose of it
by another method approved by the board as being effective for the protection of public
health and the control of livestock diseases. The board, through its executive director,
may issue permits to owners of rendering plants located in Minnesota which are operated
and conducted as required by law, to transport carcasses of domestic animals and fowl
that have died, or have been killed otherwise than by being slaughtered for human or
animal consumption, over the public highways to their plants for rendering purposes in
accordance with the rules adopted by the board relative to transportation, rendering, and
other provisions the board considers necessary to prevent the spread of disease. The board
may issue permits to owners of rendering plants located in an adjacent state with which a
reciprocal agreement is in effect under subdivision 3.

(b) Carcasses collected by rendering plants under permit may be used for pet food or
mink food if the owner or operator meets the requirements of subdivision 1b.

(c) An authorized employee or agent of the board may enter private or public
property and inspect the carcass of any domestic animal that has died or has been killed
other than by being slaughtered for human or animal consumption. Failure to dispose of
the carcass of any domestic animal within the period specified by this subdivision is
a public nuisance. The board may petition the district court of the county in which a
carcass is located for a writ requiring the abatement of the public nuisance. A civil action
commenced under this paragraph does not preclude a criminal prosecution under this
section. No person may sell, offer to sell, give away, or convey along a public road or on
land the person does not own, the carcass of a domestic animal when the animal died or
was killed other than by being slaughtered for human or animal consumption unless it is
done with a special permit pursuant to this section. The carcass or parts of a domestic
animal that has died or has been killed other than by being slaughtered for human or animal
consumption may be transported along a public road for a medical or scientific purpose
if the carcass is enclosed in a leakproof container to prevent spillage or the dripping of
liquid waste. The board may adopt rules relative to the transportation of the carcass of any
domestic animal for a medical or scientific purpose. A carcass on a public thoroughfare
may be transported for burial or other disposition in accordance with this section.

No person who owns or controls diseased animals shall negligently or willfully
permit them to escape from that control or to run at large.

(d) A sheep producer may compost sheep carcasses owned by the producer on
the producer's land without a permit and is exempt from compost facility specifications
contained in rules of the board.

(e) The board shall develop best management practices for dead animal disposal
and the Pollution Control Agency feedlot program shall distribute them to livestock
producers in the state.

new text begin (f) Paragraph (a) does not apply to livestock killed by wild animals or domestic dogs
and the carcass is out-of-sight of the public, and will be used to attract the offending
predators back to the kill site.
new text end

Sec. 7.

Minnesota Statutes 2008, section 84.942, subdivision 1, is amended to read:

Subdivision 1.

Preparation.

The commissioner of natural resources shall prepare
deleted text begin a comprehensive deleted text end fish and wildlife management deleted text begin plan deleted text end new text begin plans new text end designed to accomplish the
policy of section 84.941. deleted text begin The comprehensive fish and wildlife management plan shall
include a strategic plan as outlined in subdivision 2. The strategic plan must be completed
by July 1, 1986. The management plan must also include the long-range and operational
plans as described in subdivisions 3 and 4. The management plan must be completed by
July 1, 1988. deleted text end

Sec. 8.

Minnesota Statutes 2009 Supplement, section 84.95, subdivision 2, is amended
to read:

Subd. 2.

Purposes and expenditures.

Money from the reinvest in Minnesota
resources fund may only be spent for the following fish and wildlife conservation
enhancement purposes:

(1) development and implementation of the deleted text begin comprehensive deleted text end fish and wildlife
management deleted text begin plan deleted text end new text begin plans new text end under section 84.942;

(2) implementation of the reinvest in Minnesota reserve program established by
section 103F.515;

(3) soil and water conservation practices to improve water quality, reduce soil
erosion and crop surpluses;

(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
wetlands, and public and private forest lands;

(5) acquisition and development of public access sites and recreation easements to
lakes, streams, and rivers for fish and wildlife oriented recreation;

(6) matching funds with government agencies, federally recognized Indian tribes and
bands, and the private sector for acquisition and improvement of fish and wildlife habitat;

(7) research and surveys of fish and wildlife species and habitat;

(8) enforcement of natural resource laws and rules;

(9) information and education;

(10) implementing the aspen recycling program under section 88.80 and for other
forest wildlife management projects; and

(11) necessary support services to carry out these purposes.

Sec. 9.

Minnesota Statutes 2008, section 84D.03, subdivision 3, is amended to read:

Subd. 3.

Bait harvest from infested waters.

(a) deleted text begin The deleted text end Taking deleted text begin of deleted text end wild animals from
infested waters for bait or aquatic farm purposes is prohibited, except as provided in
paragraph (b).

(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish, the taking of wild animals may be
permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length.

new text begin (c) Nets, traps, buoys, anchors, stakes, and lines used for minnow harvest in an
infested water that is designated because it contains invasive fish, invasive invertebrates,
or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.
new text end

Sec. 10.

Minnesota Statutes 2008, section 84D.13, subdivision 3, is amended to read:

Subd. 3.

Criminal penalties.

(a) A person who violates a provision of deleted text begin section deleted text end new text begin
sections new text end 84D.06 deleted text begin , 84D.07, 84D.08, or deleted text end new text begin to new text end 84D.10, or a rule adopted under section 84D.12, is
guilty of a misdemeanor.

(b) A person who possesses, transports, or introduces a prohibited invasive species in
violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases,
sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty
of a gross misdemeanor.

(c) A person who refuses to obey an order of a peace officer or conservation officer
to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer,
or plant harvesting equipment is guilty of a gross misdemeanor.

Sec. 11.

Minnesota Statutes 2008, section 97A.015, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Accompanied. new text end

new text begin "Accompanied" means:
new text end

new text begin (1) for a youth age 13 or under hunting small game other than wild turkey, a parent or
guardian over age 18 is within unaided sight and hearing distance of the youth hunter that is
adequate for the parent or guardian to provide direction and control over the youth hunter;
new text end

new text begin (2) for a youth age 13 or under hunting wild turkey or big game, a parent or guardian
over age 18 is in close enough proximity of the youth hunter for the parent or guardian to
immediately assume control of the youth hunter's firearm or bow; or
new text end

new text begin (3) for a person age 13 or over born after December 31, 1979, and hunting with an
apprentice hunter validation under section 97B.022, an adult licensed to hunt in Minnesota
whose license was not obtained using an apprentice hunter validation is within unaided
sight and hearing distance of the person that is adequate for the licensed adult to provide
direction and control over the apprentice hunter.
new text end

Sec. 12.

Minnesota Statutes 2008, section 97A.015, subdivision 52, is amended to read:

Subd. 52.

Unprotected birds.

"Unprotected birds" means English sparrow,
blackbird, starling, magpie, cormorant, common pigeon, new text begin Eurasian collared dove, new text end chukar
partridge, quail other than bobwhite quail, and mute swan.

Sec. 13.

Minnesota Statutes 2009 Supplement, section 97A.075, subdivision 1, is
amended to read:

Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses deleted text begin (5), deleted text end (6), (7), deleted text begin (13), (14), deleted text end and deleted text begin (15) deleted text end new text begin (8) new text end , and 3, clauses deleted text begin (2), deleted text end (3), (4), deleted text begin (10), deleted text end new text begin (5), and new text end (11),
deleted text begin and (12), deleted text end and licenses issued under section 97B.301, subdivision 4.

(b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under section
97A.473, subdivision 4, shall be credited to the deer management account and shall be
used for deer habitat improvement or deer management programs.

(c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license
issued under section 97A.473, subdivision 4, shall be credited to the deer and bear
management account and shall be used for deer and bear management programs, including
a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding and
wild cervidae health management account and is appropriated for emergency deer feeding
and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended. The commissioner must
inform the legislative chairs of the natural resources finance committees every two years
on how the money for emergency deer feeding and wild cervidae health management
has been spent.

When the unencumbered balance in the appropriation for emergency deer feeding
and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
management programs and computerized licensing.

Sec. 14.

Minnesota Statutes 2008, section 97A.101, subdivision 3, is amended to read:

Subd. 3.

Fishing may not be restricted.

Seasons or methods of taking fish new text begin other
than minnows new text end may not be restricted under this section.

Sec. 15.

Minnesota Statutes 2008, section 97A.145, subdivision 2, is amended to read:

Subd. 2.

Acquisition procedure.

(a) Lands purchased or leased under this section
must be acquired in accordance with this subdivision.

(b) The commissioner must notify the county board and the town officers where the
land is located and furnish them a description of the land to be acquired. The county board
must approve or disapprove the proposed acquisition within 90 days after being notified.
The commissioner may extend the time up to 30 days. The soil and water conservation
district supervisors shall counsel the county board on drainage and flood control and the
best utilization and capability of the land.

(c) If the county board approves the acquisition within the prescribed time, the
commissioner may acquire the land.

(d) If the county board disapproves the acquisition, it must state valid reasons.
The commissioner may not purchase or lease the land if the county board disapproves
the acquisition and states its reasons within the prescribed time period. The landowner
or the commissioner may appeal the disapproval to the district court having jurisdiction
where the land is located.

(e) The commissioner or the owner of the land may submit the proposed acquisition
to the Land Exchange Board if: (1) the county board does not give reason for disapproval,
or does not approve or disapprove the acquisition within the prescribed time period; or
(2) the deleted text begin court finds deleted text end new text begin commissioner or owner of the land maintains new text end that the disapproval is
arbitrary and capricious, deleted text begin or deleted text end that the reasons stated for disapproval are invalid new text begin , or that the
acquisition is in the public interest new text end .

(f) The Land Exchange Board must conduct a hearing and make a decision on
the acquisition within 60 days after receiving the proposal. The Land Exchange Board
must give notice of the hearing to the county board, the commissioner, the landowner,
and other interested parties. The Land Exchange Board must consider the interests of the
county, the state, and the landowner in determining whether the acquisition is in the public
interest. If a majority of the Land Exchange Board members approves the acquisition,
the commissioner may acquire the land. If a majority disapproves, the commissioner
may not purchase or lease the land.

Sec. 16.

Minnesota Statutes 2008, section 97A.311, subdivision 5, is amended to read:

Subd. 5.

Refunds.

(a) The commissioner may issue a refund on a license, not
including any issuing fees paid under section 97A.485, subdivision 6, if new text begin the request is
received within 90 days of the original license purchase and new text end :

(1) the licensee dies before the opening of the licensed season. The original license
and a copy of the death certificate must be provided to the commissioner;

(2) the licensee is unable to participate in the licensed activity because the licensee is
called to active military duty or military leave is canceled during the entire open season of
the licensed activity. The original license and a copy of the military orders or notice of
cancellation of leave must be provided to the commissioner; deleted text begin or
deleted text end

(3) the licensee purchased two licenses for the same license season in error new text begin ; or
new text end

new text begin (4) the licensee was not legally required to purchase the license to participate
in the activity new text end .

(b) This subdivision does not apply to lifetime licenses.

Sec. 17.

Minnesota Statutes 2008, section 97A.331, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Feeding or baiting deer. new text end

new text begin A person who violates the wildlife feeding or
baiting restrictions under section 97B.118 or 97B.328 within three years of a previous
conviction under that section is guilty of a gross misdemeanor.
new text end

Sec. 18.

Minnesota Statutes 2008, section 97A.331, is amended by adding a
subdivision to read:

new text begin Subd. 4b. new text end

new text begin Hunting big game while under revocation. new text end

new text begin Notwithstanding section
97A.421, subdivision 7, a person who takes big game during the time the person is
prohibited from obtaining a license to take big game under section 97A.421 is guilty
of a gross misdemeanor.
new text end

Sec. 19.

Minnesota Statutes 2008, section 97A.420, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Seizure of deer hunting license for feeding or baiting deer. new text end

new text begin (a) An
enforcement officer shall immediately seize the deer hunting licenses of a person who
violates wildlife feeding or baiting restrictions under section 97B.118 or 97B.328.
new text end

new text begin (b) Except as provided in subdivisions 2 and 4, the person may not obtain any license
to take deer, including a duplicate license, until an action is taken under subdivision 6.
new text end

new text begin (c) A person may not take deer until an action is taken under subdivision 6.
new text end

Sec. 20.

Minnesota Statutes 2008, section 97A.420, subdivision 2, is amended to read:

Subd. 2.

Administrative review.

(a) At any time after the seizure of a license under
subdivision 1 new text begin or 1a new text end and before revocation under section 97A.421, a person may request in
writing a review of the seizure under this section. Upon receiving the request for review,
the commissioner shall review the seizure, the evidence upon which it was based, and
other material information brought to the attention of the commissioner, and determine
whether sufficient cause exists to sustain the seizure.

(b) Within 15 days after receiving the request for administrative review, the
commissioner shall issue a written report of the review and shall order that the seizure
be either sustained or rescinded.

(c) The review provided in this subdivision is not subject to the contested case
provisions of the Administrative Procedure Act under chapter 14. The availability of
administrative review does not preclude judicial review under this section.

Sec. 21.

Minnesota Statutes 2008, section 97A.420, subdivision 3, is amended to read:

Subd. 3.

Judicial review.

(a) Within 30 days following the seizure of a license under
subdivision 1 new text begin or 1a new text end , a person may petition the court for review. The petition must be filed
with the district court administrator in the county where the incident occurred, together
with proof of service of a copy on the commissioner and the county attorney. A responsive
pleading is not required of the commissioner of natural resources and court fees may not
be charged for the appearance of the representative of the commissioner in the matter.

(b) The petition must be captioned in the name of the person making the petition as
petitioner and the commissioner as respondent. The petition must state specifically the
grounds upon which the petitioner seeks rescission of the license seizure.

(c) The filing of the petition does not stay the license seizure. The judicial review
shall be conducted according to the Rules of Civil Procedure.

Sec. 22.

Minnesota Statutes 2008, section 97A.420, subdivision 4, is amended to read:

Subd. 4.

Hearing.

(a) A hearing under subdivision 3 must be before a district court
judge in the county where the incident occurred giving rise to the license seizure. The
hearing must be to the court and may be conducted at the same time as hearings upon
pretrial motions in a related criminal prosecution. The commissioner must be represented
by the county attorney.

(b) The hearing must be held at the earliest practicable date and in any event no later
than 60 days following the filing of the petition for review.

(c) The scope of the hearing must be limited to the issue of whether there is probable
cause to believe that new text begin :
new text end

new text begin (1) new text end the person had unlawfully taken, possessed, or transported wild animals with a
restitution value over $500 new text begin under subdivision 1; or
new text end

new text begin (2) the person violated the wildlife feeding or baiting restrictions under subdivision
1a new text end .

(d) The court shall order that the license seizure be either sustained or rescinded.
Within 14 days following the hearing, the court shall forward a copy of the order to the
commissioner.

(e) Any party aggrieved by the decision of the reviewing court may appeal the
decision as provided in the Rules of Civil Appellate Procedure.

Sec. 23.

Minnesota Statutes 2008, section 97A.420, subdivision 6, is amended to read:

Subd. 6.

Return or revocation of licenses upon dismissal or conviction.

(a) Upon
acquittal, dismissal, or determination not to charge a person for a violation, the license
seizure under subdivision 1 new text begin or 1a new text end is immediately rescinded and any license seized in
connection with the incident must be returned to the licensee.

(b) Upon conviction of a violation when the restitution value of the wild animals
exceeds $500, revocation of licenses and license privileges must be imposed as provided
under section 97A.421, subdivision 2a.

new text begin (c) Upon conviction for violation of the wildlife feeding or baiting restrictions
under section 97B.118 or 97B.328, revocation of licenses and license privileges must be
imposed as provided under section 97A.421, subdivision 3a.
new text end

Sec. 24.

Minnesota Statutes 2008, section 97A.421, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Issuance of big game license after conviction for feeding or baiting.
new text end

new text begin (a) A person who is convicted of violating the wildlife feeding or baiting restrictions under
section 97B.118 or 97B.328 may not obtain a deer hunting license or take deer under a
lifetime license for one year after the date of conviction.
new text end

new text begin (b) A person who is convicted of a second violation of section 97B.118 or 97B.328
within three years of a previous conviction under that section may not obtain any big game
license or take big game under a lifetime license for three years after the date of conviction.
new text end

Sec. 25.

Minnesota Statutes 2008, section 97A.421, subdivision 4a, is amended to read:

Subd. 4a.

Suspension for failure to appear in court or pay a fine or surcharge.

When a court reports to the commissioner that a person (1) has failed to appear in court
deleted text begin under the summons issued deleted text end new text begin in response to a notice to appear or fails to comply with other
orders of the court regarding the appearance or proceedings new text end for a violation of the game
and fish laws or (2) has been convicted of violating a provision of the game and fish
laws, has been sentenced to the payment of a fine or had a surcharge levied against them,
and refused or failed to comply with that sentence or to pay the fine or surcharge, the
commissioner shall suspend the game and fish license and permit privileges of the person
until notified by the court that the person has appeared in court under clause (1) or that any
fine or surcharge due the court has been paid under clause (2).

Sec. 26.

Minnesota Statutes 2008, section 97A.433, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Mandatory separate selection. new text end

new text begin The commissioner must conduct
a separate selection for 20 percent of the elk licenses to be issued each year. Only
individuals who have applied at least ten times for an elk license and who have never
received a license are eligible for this separate selection.
new text end

Sec. 27.

Minnesota Statutes 2008, section 97A.435, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Number of licenses to be issued deleted text end new text begin License issuance new text end .

The
commissioner shall include in deleted text begin a rule setting the dates for a turkey season the number of
licenses to be issued deleted text end new text begin rules setting turkey seasons the methods for issuing licenses for
those seasons new text end .

Sec. 28.

Minnesota Statutes 2009 Supplement, section 97A.445, subdivision 1a,
is amended to read:

Subd. 1a.

Angling in a state park.

new text begin (a) new text end A resident may take fish by angling without
an angling license new text begin :
new text end

new text begin (1) new text end when shore fishing or wading on state-owned land within a state park deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) new text end when angling from a boat or float deleted text begin , this subdivision applies only to those deleted text end new text begin or
through the ice on new text end water bodies completely encompassed within the statutory boundary of
the state park.

new text begin (b) new text end The exemption from an angling license does not apply to waters where a trout
stamp is required.

Sec. 29.

Minnesota Statutes 2008, section 97A.445, subdivision 5, is amended to read:

Subd. 5.

Small game hunting deleted text begin ; Take a Kid Hunting Weekend deleted text end .

new text begin (a) new text end A resident over
age 18 may take small game by hunting without a license during one Saturday and Sunday
of the small game hunting season designated by rule of the commissioner if accompanied
by a child who is under age deleted text begin 16 deleted text end new text begin 18 new text end . The commissioner shall publicize the Saturday and
Sunday as "Take a Kid Hunting Weekend." new text begin Notwithstanding section 97A.451, subdivision
3, a person under age 18 does not need a hunting license to take small game by hunting on
the weekend designated under this paragraph.
new text end

new text begin (b) Notwithstanding section 97A.451, subdivision 3a, a person under age 16 may
take waterfowl without a license when accompanied by a nonhunting adult age 18 or
over during youth waterfowl hunting days designated by rule of the commissioner in
accordance with federal law.
new text end

Sec. 30.

Minnesota Statutes 2008, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents deleted text begin under age 16; small game deleted text end new text begin and nonresident hunting new text end .

(a) deleted text begin A
resident under age 16 must obtain a small game license in order to take small game by
firearms or bow and arrow without paying the applicable fees under section 97A.475,
subdivisions 2, 4, and 5, if the resident is:
deleted text end

deleted text begin (1) age 14 or 15 and possesses a firearms safety certificate;
deleted text end

deleted text begin (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;
deleted text end

deleted text begin (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
deleted text end

deleted text begin (4) age 12 or under and is accompanied by a parent or guardian deleted text end new text begin Except as otherwise
specifically provided by law, a person must obtain a license to hunt big game or small game
by firearms or bow and arrow and is eligible to obtain a license and use it for hunting if the
person was born on or before December 31, 1979, or, if born after December 31, 1979, is:
new text end

new text begin (1) 12 years of age or under and is accompanied by a parent or guardian;
new text end

new text begin (2) 13 years of age, possesses a hunter education firearms safety certificate, and
is accompanied by a parent or guardian;
new text end

new text begin (3) 14 years of age or over and possesses a hunter education firearms safety
certificate; or
new text end

new text begin (4) 13 years of age or over, possesses an apprentice hunter validation, and is
accompanied by an adult 18 years of age or over who is licensed to hunt in Minnesota and
whose license was not obtained using an apprentice hunter validation new text end .

(b) A resident deleted text begin under age 16 may take small game by trapping without a small game
license, but a resident deleted text end 13 years of age or older must have a trapping license new text begin to take small
game by trapping new text end . A resident under age 13 may trap without a trapping license, but may
not register fisher, otter, bobcat, or pine marten unless the resident is at least age five. Any
fisher, otter, bobcat, or pine marten taken by a resident under age five must be included in
the limit of the accompanying parent or guardian.

deleted text begin (c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.
deleted text end

deleted text begin (d) A resident under age 12 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.
deleted text end

Sec. 31.

Minnesota Statutes 2009 Supplement, section 97A.475, subdivision 2, is
amended to read:

Subd. 2.

Resident hunting.

Fees for the following licenses, to be issued to residents
only, are:

(1) new text begin for persons under age 18 to take small game, $5;
new text end

new text begin (2) new text end for persons age 18 or over and under age 65 to take small game, $12.50;

deleted text begin (2) deleted text end new text begin (3) new text end for persons deleted text begin ages 16 and 17 and deleted text end age 65 or over, $6 to take small game;

deleted text begin (3) deleted text end new text begin (4) new text end for persons age 18 or over to take turkey, $23;

deleted text begin (4) deleted text end new text begin (5) new text end for persons under age 18 to take turkey, deleted text begin $12 deleted text end new text begin $5 new text end ;

deleted text begin (5) deleted text end new text begin (6) new text end for persons age 18 or over to take deer with firearms during the regular
firearms season, $26;

deleted text begin (6) deleted text end new text begin (7) new text end for persons age 18 or over to take deer by archery, $26;

deleted text begin (7) deleted text end new text begin (8) new text end for persons age 18 or over to take deer by muzzleloader during the
muzzleloader season, $26;

deleted text begin (8) deleted text end new text begin (9) new text end to take moose, for a party of not more than six persons, $310;

deleted text begin (9) deleted text end new text begin (10) new text end to take bear, $38;

deleted text begin (10) deleted text end new text begin (11) new text end to take elk, for a party of not more than two persons, $250;

deleted text begin (11) deleted text end new text begin (12) new text end to take Canada geese during a special season, $4;

deleted text begin (12) deleted text end new text begin (13) new text end to take prairie chickens, $20;

deleted text begin (13) deleted text end new text begin (14) new text end for persons under age 18 to take deer with firearms during the regular
firearms season, deleted text begin $13 deleted text end new text begin $5 new text end ;

deleted text begin (14) deleted text end new text begin (15) new text end for persons under age 18 to take deer by archery, deleted text begin $13 deleted text end new text begin $5 new text end ; and

deleted text begin (15) deleted text end new text begin (16) new text end for persons under age 18 to take deer by muzzleloader during the
muzzleloader season, deleted text begin $13 deleted text end new text begin $5 new text end .

Sec. 32.

Minnesota Statutes 2009 Supplement, section 97A.475, subdivision 3, is
amended to read:

Subd. 3.

Nonresident hunting.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) new text begin for persons under age 18 to take small game, $5;
new text end

new text begin (2) new text end for persons age 18 or over to take small game, $73;

deleted text begin (2) deleted text end new text begin (3) new text end for persons age 18 or over to take deer with firearms during the regular
firearms season, $135;

deleted text begin (3) deleted text end new text begin (4) new text end for persons age 18 or over to take deer by archery, $135;

deleted text begin (4) deleted text end new text begin (5) new text end for persons age 18 or over to take deer by muzzleloader during the
muzzleloader season, $135;

deleted text begin (5) deleted text end new text begin (6) new text end to take bear, $195;

deleted text begin (6) deleted text end new text begin (7) new text end for persons age 18 deleted text begin and older deleted text end new text begin or over new text end to take turkey, $78;

deleted text begin (7) deleted text end new text begin (8) new text end for persons under age 18 to take turkey, deleted text begin $12 deleted text end new text begin $5 new text end ;

deleted text begin (8) deleted text end new text begin (9) new text end to take raccoon or bobcat, $155;

deleted text begin (9) deleted text end new text begin (10) new text end to take Canada geese during a special season, $4;

deleted text begin (10) deleted text end new text begin (11) new text end for persons under age 18 to take deer with firearms during the regular
firearms season in any open season option or time period, $13;

deleted text begin (11) deleted text end new text begin (12) new text end for persons under age 18 to take deer by archery, $13; and

deleted text begin (12) deleted text end new text begin (13) new text end for persons under age 18 to take deer during the muzzleloader season,
deleted text begin $13 deleted text end new text begin $5 new text end .

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses deleted text begin (1) deleted text end new text begin (2) new text end to deleted text begin (8) deleted text end new text begin (9) new text end . An additional commission may not be assessed
on this surcharge.

Sec. 33.

Minnesota Statutes 2008, section 97A.475, subdivision 3a, is amended to read:

Subd. 3a.

Deer license surcharge.

A person may agree to add a donation of $1, $3,
or $5 to the fees for annual resident and nonresident licenses to take deer by firearms or
archery established under subdivisions 2, clauses deleted text begin (5), deleted text end (6), (7), deleted text begin (11), deleted text end and deleted text begin (13) deleted text end new text begin (8) new text end , and 3,
clauses deleted text begin (2), deleted text end (3), (4), new text begin (5), new text end and deleted text begin (9) deleted text end new text begin (10) new text end . Beginning March 1, 2008, fees for bonus licenses to
take deer by firearms or archery established under section 97B.301, subdivision 4, must be
increased by a surcharge of $1. An additional commission may not be assessed on the
donation or surcharge and the following statement must be included in the annual deer
hunting regulations: "The deer license donations and surcharges are being paid by hunters
for deer management, including assisting with the costs of processing deer donated for
charitable purposes."

Sec. 34.

Minnesota Statutes 2008, section 97A.475, subdivision 4, is amended to read:

Subd. 4.

Small game surcharge.

Fees for annual licenses to take small game must
be increased by a surcharge of $6.50. An additional commission may not be assessed on
the surcharge and the following statement must be included in the annual small game
hunting regulations: "This $6.50 surcharge is being paid by hunters for the acquisition and
development of wildlife lands." new text begin Small game licenses issued to individuals under age 18
are exempt from this surcharge.
new text end

Sec. 35.

Minnesota Statutes 2008, section 97A.475, subdivision 43, is amended to read:

Subd. 43.

Duplicate licenses.

The fees for duplicate licenses are:

(1) for licenses to take big game, $5; deleted text begin and
deleted text end

(2) new text begin for a license issued to a person under age 18, $1; and
new text end

new text begin (3) new text end for other licenses, $2.

Sec. 36.

Minnesota Statutes 2008, section 97A.475, subdivision 44, is amended to read:

Subd. 44.

Replacement licenses.

new text begin (a) new text end The fee for a replacement firearms deer
license is $5.

new text begin (b) The fee for a replacement firearms deer license issued to a person under age
18 is $1.
new text end

Sec. 37.

Minnesota Statutes 2008, section 97A.535, subdivision 2a, is amended to read:

Subd. 2a.

Quartering of deer allowed.

A deer that has been tagged as required in
subdivision 1 may be quartered at the site of the kill. The animal's head new text begin or genitalia new text end must
remain attached to one of the quarters. new text begin For antlered deer, the animal's head must remain
attached to one of the quarters. new text end The quarters must be presented together for registration
under subdivision 2 and must remain together until the deer is processed for storage.

Sec. 38.

Minnesota Statutes 2008, section 97A.545, subdivision 5, is amended to read:

Subd. 5.

Birds must be in undressed condition; exceptions.

(a) Except as
provided in paragraph (b), a person may ship or otherwise transport game birds in an
undressed condition only.

(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:

(1) were taken on a shooting preserve and are marked or identified in accordance
with section 97A.121, subdivision 5;

(2) were taken, dressed, and lawfully shipped or otherwise transported in another
state; deleted text begin or
deleted text end

(3) are migratory game birds that were lawfully tagged and packed by a federally
permitted migratory bird preservation facility new text begin ; or
new text end

new text begin (4) are doves shipped or transported in accordance with federal law new text end .

Sec. 39.

Minnesota Statutes 2008, section 97B.015, is amended to read:

97B.015 new text begin HUNTER EDUCATION new text end FIREARMS SAFETY AND WILDLIFE
IDENTIFICATION COURSE.

Subdivision 1.

Establishment.

The commissioner shall establish a statewide course
in the safe use of firearms and identification of wild mammals and birds. A course may
be held in a school district. The courses must be conducted by the commissioner in
cooperation with other organizations. The courses must instruct youths in commonly
accepted principles of safety in hunting and handling common hunting firearms and
identification of various species of wild mammals and birds by sight and other unique
characteristics.

Subd. 2.

Administration, supervision, and enforcement.

(a) The commissioner
shall appoint a qualified person from the Enforcement Division under civil service
rules as supervisor of hunting safety and prescribe the duties and responsibilities of the
position. The commissioner shall determine and provide the Enforcement Division with
the necessary personnel for this section.

(b) The Enforcement Division may appoint instructors necessary for this section.
Instructors shall serve on a voluntary basis without compensation. The Enforcement
Division must supply the materials necessary for the course. School districts may
cooperate with the commissioner and volunteer instructors to provide space for the
classroom portion of the training.

Subd. 3.

Liability insurance.

The commissioner shall obtain insurance to cover
all liability incurred by the county directors and instructors for bodily injury, death, and
property damage in the performance of their duties under this section.

Subd. 4.

Student fee.

To defray the expense of the course, the Enforcement
Division shall collect a fee from each person that takes the new text begin hunter education new text end firearm safety
course. The commissioner shall establish a fee that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in providing the services. The
fee is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not
apply. The fees shall be deposited in the game and fish fund and the amount thereof
is appropriated annually to the Enforcement Division of the Department of Natural
Resources for the administration of the program. In addition to the fee established by
the commissioner, instructors may charge each person up to the established fee amount
for class materials and expenses.

Subd. 5.

new text begin Hunter education new text end firearms safety certificate.

The commissioner shall
issue a new text begin hunter education new text end firearms safety certificate to a person that satisfactorily completes
the required course of instruction. A person must be at least age 11 to take the new text begin hunter
education new text end firearms safety course deleted text begin and may receive a firearms safety certificate, but the
certificate is not valid for hunting until the year the person reaches age 12. A person who
is age 11 and has a firearms safety certificate may purchase a license to take big game that
will be valid for hunting during the entire regular season for which the license is valid if
the person will reach age 12 during that calendar year. A firearms safety certificate issued
to a person under age 12 by another state as provided in section 97B.020 is not valid for
hunting in Minnesota until the person reaches age 12 deleted text end . The form and content of the new text begin hunter
education new text end firearms safety certificate shall be prescribed by the commissioner.

Subd. 5a.

Exemption for military personnel.

Notwithstanding subdivision 5, a
person who has successfully completed basic training in the United States armed forces is
exempt from the range and shooting exercise portion of the required course of instruction
for the new text begin hunter education new text end firearms safety certificate. The commissioner may require written
proof of the person's military training, as deemed appropriate for implementing this
subdivision. The commissioner shall publicly announce this exemption from the range
and shooting exercise requirement and the availability of the department's online, remote
study option for adults seeking new text begin hunter education new text end firearms safety certification. Military
personnel are not exempt from any other requirement of this section for obtaining a new text begin hunter
education new text end firearms safety certificate.

Subd. 6.

Provisional certificate for persons with developmental disability.

Upon
the recommendation of a course instructor, the commissioner may issue a provisional
new text begin hunter education new text end firearms safety certificate to a person who satisfactorily completes the
classroom portion of the new text begin hunter education new text end firearms safety course but is unable to pass
the written or an alternate format exam portion of the course because of developmental
disability as defined in section 97B.1055, subdivision 1. The certificate is valid only
when used according to section 97B.1055.

Subd. 7.

Fee for duplicate certificate.

The commissioner shall collect a fee, to
include a $1 issuing fee for licensing agents, for issuing a duplicate new text begin hunter education
new text end firearms safety certificate. The commissioner shall establish a fee that neither significantly
overrecovers nor underrecovers costs, including overhead costs, involved in providing
the service. The fee is not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply. The commissioner may establish the fee notwithstanding section
16A.1283. The duplicate certificate fees, except for the issuing fee for licensing agents
under this subdivision, shall be deposited in the game and fish fund and, except for the
electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, are appropriated
annually to the Enforcement Division of the Department of Natural Resources for the
administration of the new text begin hunter education new text end firearm safety course program.

Sec. 40.

Minnesota Statutes 2008, section 97B.020, is amended to read:

97B.020 new text begin HUNTER EDUCATION new text end FIREARMS SAFETY CERTIFICATE
REQUIRED.

(a) Except as provided in this section and section 97A.451, subdivision 3a, a person
new text begin age 13 or over new text end born after December 31, 1979, may not obtain an annual license to take
wild animals by firearms unless the person has:

(1) a new text begin hunter education new text end firearms safety certificate or equivalent certificate;

(2) a driver's license or identification card with a valid new text begin hunter education new text end firearms
safety qualification indicator issued under section 171.07, subdivision 13;

(3) a previous hunting license with a valid new text begin hunter education new text end firearms safety
qualification indicator;

(4) an apprentice hunter validation issued under section 97B.022; or

(5) other evidence indicating that the person has completed in this state or in another
state a hunter safety course recognized by the department under a reciprocity agreement or
certified by the department as substantially similar.

(b) A person who is on active duty and has successfully completed basic training
in the United States armed forces, reserve component, or National Guard may obtain a
hunting license or approval authorizing hunting regardless of whether the person is issued
a new text begin hunter education new text end firearms safety certificate.

(c) A person new text begin age 13 or over new text end born after December 31, 1979, may not use a lifetime
license to take wild animals by firearms, unless the person meets the requirements for
obtaining an annual license under paragraph (a) or (b).

Sec. 41.

Minnesota Statutes 2008, section 97B.021, subdivision 1, is amended to read:

Subdivision 1.

Restrictions.

(a) Except as provided in this subdivision, a person
under the age of 16 may not possess a firearm, unless accompanied by a parent or guardian.

(b) A person under age 16 may possess a firearm without being accompanied by a
parent or guardian:

(1) on land owned by, or occupied as the principal residence of, the person or the
person's parent or guardian;

(2) while participating in an organized target shooting program with adult
supervision;

(3) while the person is participating in a new text begin hunter education new text end firearms safety program
or traveling to and from class; or

(4) if the person is age 14 or 15 and has a new text begin hunter education new text end firearms safety certificate.

new text begin (c) A person age 13, 14, or 15 hunting with an apprentice hunter validation may
possess a firearm if accompanied by a parent or guardian age 18 or over who is licensed
to hunt in Minnesota and whose license was not obtained using an apprentice hunter
validation.
new text end

Sec. 42.

new text begin [97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
new text end

new text begin A parent or guardian may not knowingly direct, allow, or permit a person under the
age of 18 to hunt without the required license, permit, training, or certification, or in
violation of the game and fish laws.
new text end

Sec. 43.

Minnesota Statutes 2008, section 97B.022, subdivision 2, is amended to read:

Subd. 2.

Apprentice hunter validation requirements.

A resident born after
December 31, 1979, who is age deleted text begin 12 deleted text end new text begin 13 new text end or deleted text begin older deleted text end new text begin over new text end and deleted text begin who deleted text end new text begin a nonresident who is age 13
to 17, and the resident or nonresident new text end does not possess a new text begin hunter education new text end firearms safety
certificate may be issued an apprentice hunter validation. An apprentice hunter validation
is valid for only deleted text begin one deleted text end new text begin two new text end license deleted text begin year deleted text end new text begin years new text end in a lifetime. An individual in possession of
an apprentice hunter validation may hunt small game deleted text begin and deleted text end new text begin , new text end deer new text begin , and bear new text end only when
accompanied by an adult licensed to hunt in Minnesota whose license was not obtained
using an apprentice hunter validation. An apprentice hunter validation holder must obtain
all required licenses and stamps.

Sec. 44.

Minnesota Statutes 2008, section 97B.031, subdivision 5, is amended to read:

Subd. 5.

Scopes; visually impaired hunters.

(a) Notwithstanding any other law
to the contrary, the commissioner may issue a special permit, without a fee, to use a
muzzleloader with a scope to take deer during the muzzleloader season to a person who
obtains the required licenses and who has a visual impairment. The scope may not have
magnification capabilities.

(b) The visual impairment must be to the extent that the applicant is unable to
identify targets and the rifle sights at the same time without a scope. The visual impairment
and specific conditions must be established by medical evidence verified in writing by new text begin
(1) new text end a licensed physician deleted text begin , deleted text end new text begin or a certified nurse practitioner or certified physician assistant
acting under the direction of a licensed physician; (2) a licensed new text end ophthalmologist deleted text begin , deleted text end new text begin ; new text end or new text begin (3)
a licensed new text end optometrist. The commissioner may request additional information from the
physician if needed to verify the applicant's eligibility for the permit.

(c) A permit issued under this subdivision may be valid for up to five years, based
on the permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.

(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this subdivision for cause, including a violation of the game and fish laws or rules.

(f) A person who knowingly makes a false application or assists another in making
a false application for a permit under this subdivision is guilty of a misdemeanor. A
physician, new text begin certified nurse practitioner, certified physician assistant, new text end ophthalmologist, or
optometrist who fraudulently certifies to the commissioner that a person is visually
impaired as described in this subdivision is guilty of a misdemeanor.

Sec. 45.

Minnesota Statutes 2008, section 97B.045, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Exception for livestock producers taking predators. new text end

new text begin The restrictions
in subdivision 1 do not apply to a livestock producer or producer's employee while
taking unprotected wild animals or predatory domestic dogs on the person's farm when
experiencing predatory loss of livestock from wild animal or domestic dog predation.
new text end

Sec. 46.

Minnesota Statutes 2009 Supplement, section 97B.055, subdivision 3, is
amended to read:

Subd. 3.

Hunting from vehicle by disabled hunters.

(a) The commissioner may
issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
stationary motor vehicle to a person who obtains the required licenses and who has a
permanent physical disability that is more substantial than discomfort from walking. The
permit recipient must be:

(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
other mechanical support or prosthetic device; or

(2) unable to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist breathing.

(b) The permanent physical disability must be established by medical evidence
verified in writing by a licensed physician deleted text begin or deleted text end new text begin , new text end chiropractor new text begin , or certified nurse practitioner
or certified physician assistant acting under the direction of a licensed physician new text end . The
commissioner may request additional information from the physician or chiropractor
if needed to verify the applicant's eligibility for the permit. Notwithstanding section
97A.418, the commissioner may, in consultation with appropriate advocacy groups,
establish reasonable minimum standards for permits to be issued under this section. In
addition to providing the medical evidence of a permanent disability, the applicant must
possess a valid disability parking certificate authorized by section 169.345 or license
plates issued under section 168.021.

(c) A person issued a special permit under this subdivision and hunting deer may
take a deer of either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another member of a
party to take an antlerless deer under section 97B.301, subdivision 3.

(d) A permit issued under this subdivision is valid for five years.

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this section for cause, including a violation of the game and fish laws or rules.

(f) A person who knowingly makes a false application or assists another in making a
false application for a permit under this section is guilty of a misdemeanor. A physician new text begin ,
certified nurse practitioner, certified physician assistant, new text end or chiropractor who fraudulently
certifies to the commissioner that a person is permanently disabled as described in this
section is guilty of a misdemeanor.

(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
the entire life of the applicant if the commissioner determines that there is no chance
that an applicant will become ineligible for a permit under this section and the applicant
requests a lifetime permit.

Sec. 47.

Minnesota Statutes 2008, section 97B.075, is amended to read:

97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.

(a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.

(b) Big game may be taken from one-half hour before sunrise until one-half hour
after sunset.

(c) Except as otherwise prescribed by the commissioner on or before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner. On the opening day of the
duck season, shooting hours for migratory game birds, except woodcock new text begin and doves new text end ,
begin at 9:00 a.m.

Sec. 48.

Minnesota Statutes 2008, section 97B.106, subdivision 1, is amended to read:

Subdivision 1.

Qualifications for crossbow permits.

(a) The commissioner may
issue a special permit, without a fee, to take big game, small game, or rough fish with a
crossbow to a person that is unable to hunt or take rough fish by archery because of a
permanent or temporary physical disability. A crossbow permit issued under this section
also allows the permittee to use a bow with a mechanical device that draws, releases, or
holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).

(b) To qualify for a crossbow permit under this section, a temporary disability
must render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made. The permanent or temporary disability must
be established by medical evidence, and the inability to hunt or fish by archery for the
required period of time must be verified in writing by new text begin (1) new text end a licensed physician new text begin or a certified
nurse practitioner or certified physician assistant acting under the direction of a licensed
physician; new text end or new text begin (2) a licensed new text end chiropractor. A person who has received a special permit
under this section because of a permanent disability is eligible for subsequent special
permits without providing medical evidence and verification of the disability.

(c) The person must obtain the appropriate license.

Sec. 49.

new text begin [97B.118] WILDLIFE FEEDING; RESTRICTIONS BEFORE AND
DURING OPEN DEER SEASONS.
new text end

new text begin Subdivision 1. new text end

new text begin Time period; restrictions. new text end

new text begin (a) From September 1 to December
31, a person may not place feed for the purpose of attracting or feeding wildlife within
an area where deer may be taken by firearm or archery during the open seasons under
applicable laws and ordinances.
new text end

new text begin (b) Feed includes grains, fruits, vegetables, nuts, hay, prepared wildlife food
products, or other food that is capable of attracting wildlife, but does not include:
new text end

new text begin (1) liquid scents, salt, and minerals;
new text end

new text begin (2) bait placed by a licensed trapper for taking fur-bearing animals;
new text end

new text begin (3) bait placed by a licensed bear hunter or licensed bear hunting outfitter at a
registered bear bait station under section 97B.425; or
new text end

new text begin (4) food placed in a bird feeder within 50 feet of a building for the purpose of
feeding birds other than game birds.
new text end

new text begin Subd. 2. new text end

new text begin Agricultural and livestock exception. new text end

new text begin The prohibition in subdivision 1
does not apply to feed placed for agricultural or livestock purposes if the feed is stored
consistent with normal agricultural practices.
new text end

new text begin Subd. 3. new text end

new text begin Removal of feed; additional violation. new text end

new text begin (a) In addition to any other
penalties imposed, a person charged with a violation of this section shall immediately
remove any remaining feed.
new text end

new text begin (b) Failure to comply with this subdivision is a separate violation, in addition to
violation of subdivision 1.
new text end

Sec. 50.

Minnesota Statutes 2008, section 97B.301, subdivision 3, is amended to read:

Subd. 3.

Party hunting.

If two or more persons with licenses to take deer by
firearms, or two or more persons with licenses to take deer by archery, are hunting as a
party, a member of the party may take more than one deer, but the total number of deer
taken by the party may not exceed the number of persons licensed to take deer in the
party. new text begin For a deer license issued to a person under age 18, only the person to whom the
license is issued may take and tag a deer under that license.
new text end

Sec. 51.

Minnesota Statutes 2008, section 97B.301, subdivision 6, is amended to read:

Subd. 6.

Residents or nonresidents under age 18 may take deer of either sex.

A
resident or nonresident under the age of 18 may take a deer of either sex except in those
antlerless permit areas and seasons where no antlerless permits are offered. In antlerless
permit areas where no antlerless permits are offered, the commissioner may provide
a limited number of youth either sex permits to residents or nonresidents under age 18,
under the procedures provided in section 97B.305, and may give preference to residents or
nonresidents under the age of 18 that have not previously been selected. This subdivision
does not authorize the taking of deleted text begin an antlerless deleted text end deer new text begin on the youth hunter's license new text end by another
member of a party deleted text begin under subdivision 3 deleted text end .

Sec. 52.

Minnesota Statutes 2008, section 97B.325, is amended to read:

97B.325 deleted text begin DEER deleted text end new text begin BIG GAME new text end STAND RESTRICTIONS.

A person may not take deleted text begin deer deleted text end new text begin big game new text end from a constructed platform or other structure
that is located within the right-of-way of an improved public highway or is higher than 16
feet above the ground. The height restriction does not apply to a portable stand that is
chained, belted, clamped, or tied with rope.

Sec. 53.

Minnesota Statutes 2008, section 97B.405, is amended to read:

97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.

deleted text begin (a) deleted text end The commissioner may limit the number of persons that may hunt bear in an
area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
The commissioner may establish, by rule, a method, including a drawing, to impartially
select the hunters for an area. The commissioner shall give preference to hunters that have
previously applied and have not been selected.

deleted text begin (b) In the case of a drawing, the commissioner shall allow a person to apply for a
permit in more than one area at the same time and rank the person's choice of area.
deleted text end

Sec. 54.

Minnesota Statutes 2008, section 97B.515, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Taking elk causing damage or nuisance. new text end

new text begin The commissioner may
authorize the taking of elk that are causing damage or nuisance by licensed hunters from
September 1 to March 1 under rules prescribed by the commissioner. The commissioner
may select and issue licenses to hunters from lists of license applicants based on their
interest, proximity, and availability to quickly respond to the damage or nuisance situation.
A person receiving a license to hunt elk under this subdivision is not subject to the
requirements of section 97A.433, subdivision 2, clause (2), and does not lose eligibility
for future elk hunts.
new text end

Sec. 55.

Minnesota Statutes 2008, section 97B.601, subdivision 4, is amended to read:

Subd. 4.

Exception to license requirements.

(a) A deleted text begin resident under age 16 may take
small game without a small game license, and a deleted text end resident under age 13 may trap without a
trapping license, as provided in section 97A.451, subdivision 3.

(b) A person may take small game without a small game license on land occupied by
the person as a principal residence.

(c) An owner or occupant may take certain small game causing damage without a
small game or trapping license as provided in section 97B.655.

(d) A person may use dogs to pursue and tree raccoons under section 97B.621,
subdivision 2, during the closed season without a license.

(e) A person may take a turkey or a prairie chicken without a small game license.

new text begin (f) A person participating in "Take a Kid Hunting Weekend" may take small game
without a license as provided in section 97A.445, subdivision 5.
new text end

new text begin (g) A person under age 16 may take waterfowl without a small game license on
youth waterfowl days as provided in section 97A.445, subdivision 5.
new text end

new text begin (h) Certain military personnel or discharged veterans may take small game without a
license as provided in section 97A.465.
new text end

Sec. 56.

Minnesota Statutes 2008, section 97B.711, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Shooting grouse prohibited near motor vehicle. new text end

new text begin A person in the vicinity
of a motor vehicle may not discharge a firearm or an arrow from a bow at a grouse, or at a
decoy of a grouse placed by an enforcement officer, unless the person is at least 20 yards
from the vehicle and the vehicle's engine is shut off. This subdivision does not apply to a
person with a disability permit issued under section 97B.055, subdivision 3.
new text end

Sec. 57.

Minnesota Statutes 2008, section 97B.803, is amended to read:

97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.

deleted text begin (a) deleted text end The commissioner shall prescribe seasons, limits, and areas for taking migratory
waterfowl in accordance with federal law.

deleted text begin (b) The regular duck season may not open before the Saturday closest to October 1.
deleted text end

Sec. 58.

Minnesota Statutes 2008, section 97C.005, subdivision 3, is amended to read:

Subd. 3.

Seasons, limits, and other rules.

The commissioner may, in accordance
with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
establish open seasons, limits, methods, and other requirements for taking fish on special
management waters. new text begin The commissioner may, by written order published in the State
Register, amend daily, possession, or size limits to make midseason adjustments that are
necessary based on available harvest, angling pressure, and population data to manage the
fisheries in the 1837 Ceded Territory in compliance with the court orders in Mille Lacs
Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in
daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14
and section 14.386 does not apply. Before the written order is effected, the commissioner
shall attempt to notify persons or groups of persons affected by the written order by public
announcement, posting, and other appropriate means as determined by the commissioner.
new text end

Sec. 59.

Minnesota Statutes 2008, section 97C.087, subdivision 2, is amended to read:

Subd. 2.

Application for tag.

Application for special fish management tags must
be accompanied by a $5, nonrefundable application fee for each tag. A person may not
make more than one tag application each new text begin calendar new text end year. If a person makes more than one
application, the person is ineligible for a special fish management tag for that deleted text begin season deleted text end new text begin
calendar year new text end after determination by the commissioner, without a hearing.

Sec. 60.

Minnesota Statutes 2008, section 97C.205, is amended to read:

97C.205 TRANSPORTING AND STOCKING FISH.

(a) Except on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:

(1) is being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;

(2) is being transported for a fishing contest weigh-in under section 97C.081;

(3) is a minnow being transported under section 97C.505 or 97C.515;

(4) is being transported by a commercial fishing license holder under section
97C.821; or

(5) is being transported as otherwise authorized in this section or as prescribed for
certifiable diseases under sections 17.46 to 17.4999.

(b) The commissioner may adopt rules to allow and regulate:

(1) the transportation of fish and fish eggs; and

(2) the stocking of waters with fish or fish eggs.

(c) The commissioner must allow the possession of fish on special management or
experimental waters to be prepared as a meal on the ice or on the shore of that water
body if the fish:

(1) were lawfully taken;

(2) have been packaged by a licensed fish packer; and

(3) do not otherwise exceed the statewide possession limits.

(d) The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:

(1) prescribe methods to acquire brood stock for the ponds by seining public waters;

(2) allow the sporting organizations to own and use seines and other necessary
equipment; and

(3) prescribe methods for stocking the fish in public waters that give priority to the
needs of the community where the fish are reared and the desires of the organization
operating the rearing pond.

(e) A person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
and brown bullheads taken by angling new text begin , except as otherwise ordered by the commissioner
upon documentation of an emergency fish disease in Minnesota waters, as defined in
section 17.4982, subdivision 9 new text end . No more than four of each species may be transported at
any one time, and any individual fish can be no longer than ten inches in total length. new text begin The
commissioner may, by written order published in the State Register, prohibit transportation
of live fish under this paragraph to help prevent spread of an emergency fish disease
documented to occur in Minnesota waters. The order is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 61.

Minnesota Statutes 2008, section 97C.341, is amended to read:

97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.

(a) A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait. new text begin The commissioner may authorize use of game fish eggs as
bait and prescribe restrictions on their use.
new text end

(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present. For
purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates,
and insects used for deleted text begin angling deleted text end new text begin taking wild animals new text end .

Sec. 62. new text begin ZONE 3 DEER SEASON AND RESTRICTIONS; 2010.
new text end

new text begin For the 2010 deer season, notwithstanding rules of the commissioner of natural
resources under Minnesota Statutes, section 97B.311, paragraph (a), the commissioner
shall allow a nine-day early A season in Zone 3 beginning the Saturday nearest November
6 and a nine-day late B season in Zone 3 beginning the Saturday nearest November 20.
During the last two days of the 2010 early A season in Zone 3, a person may not take
antlered deer unless the deer has at least four points on one side, or the person has taken
an antlerless deer prior to taking the antlered deer. Party hunting for antlered deer under
Minnesota Statutes, section 97B.301, subdivision 3, is not allowed in the last two days of
the 2010 early A season in Zone 3. Zone 3 is defined in Minnesota Rules, part 6232.1400,
subpart 3. The penalty provisions under Minnesota Statutes, section 97A.301, apply
to specific restrictions under this section.
new text end

Sec. 63. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435,
subdivision 5; 97A.451, subdivisions 3a and 4; 97A.485, subdivision 12; 97B.022,
subdivision 1; 97B.511; and 97B.515, subdivision 3, new text end new text begin are repealed.
new text end