SF 3425

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to game and fish; modifying report requirements for game and fish fund;
modifying disposition of pheasant habitat improvement account; modifying wild
turkey management account; modifying hunting and fishing licensing and taking
provisions; authorizing rulemaking; amending Minnesota Statutes 2006, sections
97A.015, subdivisions 32a, 41a, by adding a subdivision; 97A.045, subdivision
7; 97A.055, subdivision 4b; 97A.075, subdivisions 4, 5; 97A.311, subdivision
5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434, subdivision 2;
97A.475, subdivision 5; 97A.485, subdivision 6; 97A.535, subdivision 1;
97B.015, subdivision 5; 97B.071; 97B.106, subdivision 1; 97B.211, subdivision
1; 97B.301, subdivisions 1, 2, 4, 6; 97B.721; 97C.355, subdivisions 4, 7a;
97C.401, subdivision 2; Minnesota Statutes 2007 Supplement, sections 97A.055,
subdivision 4; 97A.405, subdivisions 2, 4; 97A.441, subdivision 7; 97A.451,
subdivision 3; 97A.475, subdivisions 2, 3, 11, 12; 97B.031, subdivision
1; 97B.328; 97C.355, subdivisions 2, 8; proposing coding for new law in
Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2006, section
97A.411, subdivision 2; Minnesota Statutes 2007 Supplement, section 97B.301,
subdivision 7; Minnesota Rules, parts 6232.0200, subpart 4; 6232.0300, subpart
4.

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

Section 1.

Minnesota Statutes 2006, section 97A.015, subdivision 32a, is amended to
read:

Subd. 32a.

deleted text begin Muzzle-loader deleted text end new text begin Muzzleloader new text end season.

" deleted text begin Muzzle-loader deleted text end new text begin Muzzleloader new text end
season" means the deleted text begin firearms deleted text end deer season deleted text begin option deleted text end open only for legal deleted text begin muzzle-loading deleted text end new text begin
muzzleloading new text end firearms, as prescribed by the commissioner.

Sec. 2.

Minnesota Statutes 2006, section 97A.015, subdivision 41a, is amended to read:

Subd. 41a.

Regular firearms season.

"Regular firearms season" means any of
the firearms deer deleted text begin season options deleted text end new text begin seasons new text end prescribed by the commissioner that begin in
November, exclusive of the deleted text begin muzzle-loader deleted text end new text begin muzzleloader new text end season.

Sec. 3.

Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 44a. new text end

new text begin Shelter. new text end

new text begin "Shelter" means any structure, other than a self-propelled motor
vehicle, that is set on the ice of state waters to provide shelter.
new text end

Sec. 4.

Minnesota Statutes 2006, section 97A.045, subdivision 7, is amended to read:

Subd. 7.

Duty to encourage stamp design and purchases.

(a) The commissioner
shall encourage the purchase of:

(1) Minnesota migratory waterfowl stamps by nonhunters interested in migratory
waterfowl preservation and habitat development;

(2) pheasant stamps by persons interested in pheasant habitat improvement;

(3) trout and salmon stamps by persons interested in trout and salmon stream and
lake improvement; and

(4) turkey stamps deleted text begin by persons interested in wild turkey management and habitat
improvement deleted text end .

(b) The commissioner shall make rules governing contests for selecting a design for
each stamp, including those stamps not required to be in possession while taking game or
fish. new text begin The commissioner shall ensure that stamp design and characteristics are consistent
with the design and characteristics that are sought by pictorial stamp collectors.
new text end

Sec. 5.

Minnesota Statutes 2007 Supplement, section 97A.055, subdivision 4, is
amended to read:

Subd. 4.

Game and fish annual reports.

(a) By December 15 each year,
the commissioner shall submit to the legislative committees having jurisdiction over
appropriations and the environment and natural resources reports on each of the following:

(1) the amount of revenue from the following and purposes for which expenditures
were made:

(i) the small game license surcharge under section 97A.475, subdivision 4;

(ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision
5, clause (1);

(iii) the trout and salmon stamp under section 97A.475, subdivision 10;

(iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2);

(v) the deleted text begin turkey stamp deleted text end new text begin wild turkey management account new text end under section deleted text begin 97A.475,
subdivision 5, clause (3) deleted text end new text begin 97A.075, subdivision 5 new text end ; and

(vi) the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a;

(2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;

(3) money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;

(4) outcome goals for the expenditures from the game and fish fund; and

(5) summary and comments of citizen oversight committee reviews under
subdivision 4b.

(b) The report must include the commissioner's recommendations, if any, for
changes in the laws relating to the stamps and surcharge referenced in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 6.

Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight subcommittees.

(a) The commissioner shall appoint
subcommittees of affected persons to review the reports prepared under subdivision 4;
review the proposed work plans and budgets for the coming year; propose changes
in policies, activities, and revenue enhancements or reductions; review other relevant
information; and make recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following subcommittees, each comprised
of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp funding;

(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and turkey stamp funding and
excluding review of the amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);

(4) an Ecological Services Operations Subcommittee to review ecological services
funding;

(5) a subcommittee to review game and fish fund funding of enforcement, support
services, and Department of Natural Resources administration;

(6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;

(8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants; and

(9) a subcommittee to review the report on the deleted text begin turkey stamp deleted text end new text begin wild turkey management
account new text end and address funding issues related to wild turkeys.

(c) The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an annual
report to the legislature; recommend changes on a broad level in policies, activities, and
revenue enhancements or reductions; provide a forum to address issues that transcend the
subcommittees; and submit a report for any subcommittee that fails to submit its report
in a timely manner.

(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house committees with jurisdiction over natural
resources finance.

(e) Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may not
be the chair of any of the subcommittees.

(f) The Budgetary Oversight Committee must make recommendations to the
commissioner and to the senate and house committees with jurisdiction over natural
resources finance for outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 7.

Minnesota Statutes 2006, section 97A.075, subdivision 4, is amended to read:

Subd. 4.

Pheasant stamp.

(a) Ninety percent of the revenue from pheasant stamps
must be credited to the pheasant habitat improvement account. Money in the account
may be used only for:

(1) the development, restoration, and maintenance of suitable habitat for ringnecked
pheasants on public and private land including the establishment of nesting cover, winter
cover, and reliable food sources;

(2) reimbursement of landowners for setting aside lands for pheasant habitat;

(3) reimbursement of expenditures to provide pheasant habitat on public and private
land;

(4) the promotion of pheasant habitat development and maintenance, including
promotion and evaluation of government farm program benefits for pheasant habitat; and

(5) the acquisition of lands suitable for pheasant habitat management and public
hunting.

(b) Money in the account may not be used for:

(1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
paragraph (a), clause (4); or

(2) any personnel costs, except that prior to July 1, deleted text begin 2009 deleted text end new text begin 2019 new text end , personnel may be
hired to provide technical and promotional assistance for private landowners to implement
conservation provisions of state and federal programs.

Sec. 8.

Minnesota Statutes 2006, section 97A.075, subdivision 5, is amended to read:

Subd. 5.

Turkey deleted text begin stamps deleted text end new text begin account new text end .

(a) deleted text begin Ninety percent of the revenue from
turkey stamps deleted text end new text begin $4.50 from each turkey license sold new text end must be credited to the wild turkey
management account. Money in the account may be used only for:

(1) the development, restoration, and maintenance of suitable habitat for wild
turkeys on public and private land including forest stand improvement and establishment
of nesting cover, winter roost area, and reliable food sources;

(2) acquisitions of, or easements on, critical wild turkey habitat;

(3) reimbursement of expenditures to provide wild turkey habitat on public and
private land;

(4) trapping and transplantation of wild turkeys; and

(5) the promotion of turkey habitat development and maintenance, population
surveys and monitoring, and research.

(b) Money in the account may not be used for:

(1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
or to specific promotional or evaluative activities under paragraph (a), clause (5); or

(2) any permanent personnel costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 9.

Minnesota Statutes 2006, 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:

(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; deleted text begin or
deleted text end

(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 new text begin ; or
new text end

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

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

Sec. 10.

Minnesota Statutes 2007 Supplement, section 97A.405, subdivision 2, is
amended to read:

Subd. 2.

Personal possession.

(a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.

(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license, state
identification card, or other form of identification provided by the commissioner, if the
license has been sold to the person by electronic means but the actual license has not been
issued and received. A person charged with violating the license possession requirement
shall not be convicted if the person produces in court or the office of the arresting officer,
the actual license previously issued to that person, which was valid at the time of arrest,
or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
request of a conservation officer or peace officer, a licensee shall write the licensee's name
in the presence of the officer to determine the identity of the licensee.

(c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.

(d) A license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
deleted text begin turkey, deleted text end migratory waterfowl, pheasant, or trout and salmon stamp shall be provided to the
licensee after purchase of a stamp validation only if the licensee pays an additional $2
fee. new text begin A pictorial turkey stamp may be purchased for a $2 fee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 11.

Minnesota Statutes 2007 Supplement, section 97A.405, subdivision 4, is
amended to read:

Subd. 4.

Replacement licenses.

(a) The commissioner may permit licensed deer
hunters to change deleted text begin zone, deleted text end license deleted text begin , deleted text end or season options. The commissioner may issue a
replacement license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the original and
the replacement license. A refund of the difference in fees may be issued when a person
changes from a regular deer license to a youth deer license. deleted text begin When a person submits both
an archery and a firearms license for replacement, the commissioner may apply the value
of both licenses towards the replacement license fee.
deleted text end

(b) A replacement license may be issued only if the applicant has not used any
tag from the original license or licenses and meets the conditions of paragraph (c). The
original license or licenses and all unused tags for the licenses being replaced must be
submitted to the issuing agent at the time the replacement license is issued.

(c) A replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:

(1) when the season for the license being surrendered has not yet opened; new text begin or
new text end

(2) deleted text begin when the person is upgrading from a regular firearms or archery deer license to
an all season deer license;
deleted text end

deleted text begin (3) when the person is upgrading from a regular firearms license to a multizone
deer license; or
deleted text end

deleted text begin (4) deleted text end when the person is changing from a regular deleted text begin firearms deleted text end deer license to a youth
deer license.

(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid
immediately upon issuance if the license being surrendered is valid at that time.

Sec. 12.

Minnesota Statutes 2006, section 97A.431, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

Persons eligible for a moose license shall be determined
under this section and commissioner's rule. A person is eligible for a moose license only
if the person:

(1) is a resident; new text begin and
new text end

deleted text begin (2) is at least age 16 before the season opens; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end has not been issued a moose license deleted text begin for any of the last five seasons or deleted text end after
January 1, 1991.

Sec. 13.

Minnesota Statutes 2006, section 97A.433, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

Persons eligible for an elk license shall be determined under this
section and commissioner's rule. A person is eligible for an elk license only if the person:

(1) is a resident; new text begin and
new text end

deleted text begin (2) is at least age 16 before the season opens; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end has never been issued an elk license.

Sec. 14.

Minnesota Statutes 2006, section 97A.434, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

Eligibility for a prairie chicken license shall be determined by
this section and by rule adopted by the commissioner. A person is eligible for a prairie
chicken license only if the person deleted text begin :
deleted text end

deleted text begin (1) deleted text end is a resident deleted text begin ; and
deleted text end

deleted text begin (2) was born before January 1, 1980, or possesses a firearms safety certificate deleted text end .

Sec. 15.

Minnesota Statutes 2007 Supplement, section 97A.441, subdivision 7, is
amended to read:

Subd. 7.

Owners or tenants of agricultural land.

(a) The commissioner may
issue, without a fee, a license to take an antlerless deer to a deleted text begin person deleted text end new text begin resident new text end who is an
owner or tenant new text begin , or a nonresident who is an owner, new text end of at least 80 acres of agricultural land,
as defined in section 97B.001, in deer permit areas that have deer archery licenses to
take additional deer under section 97B.301, subdivision 4. A person may receive only
one license per year under this subdivision. For properties with co-owners or cotenants,
only one co-owner or cotenant may receive a license under this subdivision per year. The
license issued under this subdivision is restricted to land leased for agricultural purposes
or owned by the holder of the license within the permit area where the qualifying land
is located. The holder of the license may transfer the license to the holder's spouse or
dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision
2, the holder of the license may purchase an additional license for taking deer and may
take an additional deer under that license.

(b) A person who obtains a license under paragraph (a) must allow public deer
hunting on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license issued under
section 97A.475, subdivision 2, clauses (4) and (13).

Sec. 16.

Minnesota Statutes 2007 Supplement, section 97A.451, subdivision 3, is
amended to read:

Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 may
not obtain a small game license but may take small game by firearms or bow and arrow
without a license if the resident is:

(1) age 14 or 15 and possesses a firearms safety certificate;

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

(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

(4) age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping license. 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.

(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.

new 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.
new text end

Sec. 17.

Minnesota Statutes 2007 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) for persons age 18 or over and under age 65 to take small game, $12.50;

(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;

(3) to take turkey, deleted text begin $18 deleted text end new text begin $23 new text end ;

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

(5) for persons age 18 or over to take deer by archery, $26;

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

new text begin (7) new text end to take moose, for a party of not more than six persons, $310;

deleted text begin (7) deleted text end new text begin (8) new text end to take bear, $38;

deleted text begin (8) deleted text end new text begin (9) new text end to take elk, for a party of not more than two persons, $250;

deleted text begin (9) multizone license to take antlered deer in more than one zone, $52;
deleted text end

(10) to take Canada geese during a special season, $4;

(11) deleted text begin all season license to take three deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;
deleted text end

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

deleted text begin (13) deleted text end new text begin (12) new text end for persons deleted text begin at least age 12 and deleted text end under age 18 to take deer with firearms
during the regular firearms season deleted text begin in any open zone or time period deleted text end , $13; deleted text begin and
deleted text end

deleted text begin (14) deleted text end new text begin (13) new text end for persons deleted text begin at least age 12 and deleted text end under age 18 to take deer by archery,
$13 new text begin ; and
new text end

new text begin (14) for persons under age 18 to take deer during the muzzleloader season, $13 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to clause (3) is effective March 1, 2009.
new text end

Sec. 18.

Minnesota Statutes 2007 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) for persons age 18 deleted text begin and older deleted text end new text begin or over new text end to take small game, $73;

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

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

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

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

deleted text begin (5) deleted text end new text begin (6) new text end to take turkey, deleted text begin $73 deleted text end new text begin $78 new text end ;

deleted text begin (6) deleted text end new text begin (7) new text end to take raccoon or bobcat, $155;

deleted text begin (7) multizone license to take antlered deer in more than one zone, $270; deleted text end

(8) to take Canada geese during a special season, $4;

(9) for persons deleted text begin at least age 12 and deleted text end under age 18 to take deer with firearms during the
regular firearms season in any open deleted text begin zone deleted text end new text begin season option new text end or time period, $13; deleted text begin and
deleted text end

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

new text begin (11) for persons under age 18 to take deer during the muzzleloader season, $13 new text end .

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (7). An additional commission may not be assessed on this
surcharge.

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to the turkey license fee under paragraph
(a), clause (6), is effective March 1, 2009.
new text end

Sec. 19.

Minnesota Statutes 2006, section 97A.475, subdivision 5, is amended to read:

Subd. 5.

Hunting stamps.

Fees for the following stamps and stamp validations are:

(1) migratory waterfowl stamp, $7.50; new text begin and
new text end

(2) pheasant stamp, $7.50 deleted text begin ; and
deleted text end

deleted text begin (3) turkey stamp validation, $5 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 20.

Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 11,
is amended to read:

Subd. 11.

Fish houses deleted text begin and deleted text end new text begin , new text end dark houses new text begin , or shelters new text end ; residents.

Fees for the
following licenses new text begin for a resident new text end are:

(1) annual for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $11.50;

(2) annual for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is rented, $26;

(3) three-year for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $34.50; and

(4) three-year for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is rented, $78.

Sec. 21.

Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 12,
is amended to read:

Subd. 12.

Fish houses new text begin or shelters new text end ; nonresident.

Fees for fish house new text begin or shelter
new text end licenses for a nonresident are:

(1) annual, $33;

(2) seven consecutive days, $19; and

(3) three-year, $99.

Sec. 22.

Minnesota Statutes 2006, section 97A.485, subdivision 6, is amended to read:

Subd. 6.

Licenses to be sold and issuing fees.

(a) Persons authorized to sell
licenses under this section must issue the following licenses for the license fee and the
following issuing fees:

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

(2) Minnesota sporting, the issuing fee is $1; and

(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;

(4) for a stamp new text begin validation new text end that is not issued simultaneously with a license, an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;

(5) for deleted text begin stamps deleted text end new text begin stamp validations new text end issued simultaneously with a license, there is no fee;

(6) for licenses, seals, tags, or coupons issued without a fee under section 97A.441
or 97A.465, an issuing fee of 50 cents may be charged at the discretion of the authorized
seller;

(7) for lifetime licenses, there is no fee; and

(8) for all other licenses, permits, renewals, or applications or any other transaction
through the electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of 50 cents may be charged at the discretion
of the authorized seller.

(b) deleted text begin An issuing fee may not be collected for issuance of a trout and salmon stamp if
a stamp validation is issued simultaneously with the related angling or sporting license. deleted text end
Only one issuing fee may be collected when selling more than one deleted text begin trout and salmon deleted text end stamp
in the same transaction after the end of the season for which the stamp was issued.

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

(d) The commissioner shall collect the issuing fee on licenses sold by the
commissioner.

(e) A license, except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the licenses.

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The commissioner may issue one-day angling licenses in books of ten licenses
each to fishing guides operating charter boats upon receipt of payment of all license
fees, excluding the issuing fee required under this section. Copies of sold and unsold
licenses shall be returned to the commissioner. The commissioner shall refund the charter
boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
maintained by the commissioner for one year.

Sec. 23.

Minnesota Statutes 2006, section 97A.535, subdivision 1, is amended to read:

Subdivision 1.

Tags required.

(a) A person may not possess or transport deer,
bear, elk, or moose taken in the state unless a tag is attached to the carcass in a manner
prescribed by the commissioner. The commissioner must prescribe the type of tag that has
the license number of the owner, the year of its issue, and other information prescribed by
the commissioner.

(b) The tag deleted text begin and the license deleted text end must be validated at the site of the kill as prescribed by
the commissioner.

(c) Except as otherwise provided in this section, the tag must be attached to the
deer, bear, elk, or moose at the site of the kill before the animal is removed from the
site of the kill.

(d) The tag must remain attached to the animal until the animal is processed for
storage.

(e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the
kill without attaching the validated tag to the animal only while in the act of manually
or mechanically dragging, carrying, or carting the animal across the ground and while
possessing the validated tag on their person. A motor vehicle may be used to drag the
animal across the ground. At all other times, the validated tag must be attached to the
deer, bear, elk, or moose:

(1) as otherwise provided in this section; and

(2) prior to the animal being placed onto and transported on a motor vehicle, being
hung from a tree or other structure or device, or being brought into a camp or yard or
other place of habitation.

Sec. 24.

Minnesota Statutes 2006, section 97B.015, subdivision 5, is amended to read:

Subd. 5.

Firearms safety certificate.

The commissioner shall issue a 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 firearms safety course and may receive a
firearms safety certificate, but the certificate is not valid for hunting until the new text begin year the
new text end person reaches age 12. A person who is age 11 and has a firearms safety certificate may
purchase a deleted text begin deer, bear, turkey, or prairie chicken deleted text end license new text begin to take big game new text end that will deleted text begin become deleted text end
new text begin be new text end valid deleted text begin when deleted text end new text begin for hunting during the entire regular season for which the license is valid if
new text end the person deleted text begin reaches deleted text end new text begin will reach new text end age 12 new text begin during that calendar year new text end . 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. The form and content of
the firearms safety certificate shall be prescribed by the commissioner.

Sec. 25.

Minnesota Statutes 2007 Supplement, section 97B.031, subdivision 1, is
amended to read:

Subdivision 1.

Firearms and ammunition that may be used to take big game.

deleted text begin (a) deleted text end
A person may take big game with a firearm only if:

(1) the rifle, shotgun, and handgun used is a caliber of at least deleted text begin .23 deleted text end new text begin .22 new text end inches new text begin and
with centerfire ignition new text end ;

(2) the firearm is loaded only with single projectile ammunition;

(3) a projectile used is a caliber of at least deleted text begin .23 deleted text end new text begin .22 new text end inches and has a soft point or is
an expanding bullet type;

(4) deleted text begin the ammunition has a case length of at least 1.285 inches;
deleted text end

deleted text begin (5) deleted text end the deleted text begin muzzle-loader deleted text end new text begin muzzleloader new text end used is incapable of being loaded at the breech;

deleted text begin (6) deleted text end new text begin (5) new text end the smooth-bore deleted text begin muzzle-loader deleted text end new text begin muzzleloader new text end used is a caliber of at least
.45 inches; and

deleted text begin (7) deleted text end new text begin (6) new text end the rifled deleted text begin muzzle-loader deleted text end new text begin muzzleloader new text end used is a caliber of at least .40 inches.

deleted text begin (b) Notwithstanding paragraph (a), clause (4), a person may take big game with a
ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum
cartridge, a .50 A. E. (Action Express) handgun cartridge, or a 56-46 Spencer, 56-50
Spencer, or 56-56 Spencer cartridge.
deleted text end

Sec. 26.

Minnesota Statutes 2006, section 97B.071, is amended to read:

97B.071 BLAZE ORANGE REQUIREMENTS.

(a) Except as provided in rules adopted under paragraph (c), a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage
pattern of at least 50 percent blaze orange within each foot square. This section does not
apply to migratory waterfowl hunters on waters of this state or in a stationary shooting
location or to trappers on waters of this state.

(b) Except as provided in rules adopted under paragraph (c), and in addition to
the requirement in paragraph (a), a person may not take small game other than turkey,
migratory birds, raccoons, and predators, except deleted text begin when hunting with nontoxic shot or deleted text end while
trapping, unless a visible portion of at least one article of the person's clothing above the
waist is blaze orange. This paragraph does not apply to a person hunting by falconry.

(c) The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.

(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
by a safety warning.

Sec. 27.

Minnesota Statutes 2006, 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. new text begin 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).
new text end

(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 a licensed physician or chiropractor.

(c) The person must obtain the appropriate license.

Sec. 28.

Minnesota Statutes 2006, section 97B.211, subdivision 1, is amended to read:

Subdivision 1.

Possession of firearms prohibited.

deleted text begin Except when hunting bear, deleted text end A
person may not take deleted text begin big game deleted text end new text begin deer new text end by archery while in possession of a firearm.

Sec. 29.

Minnesota Statutes 2006, section 97B.301, subdivision 1, is amended to read:

Subdivision 1.

Licenses required.

A person may not take deer without a license.
A person must have a firearms deer license to take deer with firearms new text begin during the regular
firearms season, a muzzleloader license to take deer with a muzzleloader during the
muzzleloader season, new text end and an archery deer license to take deer by archery except as
provided in this section.

Sec. 30.

Minnesota Statutes 2006, section 97B.301, subdivision 2, is amended to read:

Subd. 2.

Limit of one deer.

deleted text begin Except as provided in subdivisions 3 and 4, deleted text end A person
may obtain one new text begin regular new text end firearms new text begin season new text end deer license new text begin , one muzzleloader season deer
license, new text end and one archery new text begin season new text end deer license in the same license year, but may deleted text begin take only deleted text end new text begin
not tag more than new text end one deer new text begin except as provided in subdivisions 3 and 4 new text end .

Sec. 31.

Minnesota Statutes 2006, section 97B.301, subdivision 4, is amended to read:

Subd. 4.

Taking more than one deer.

deleted text begin (a) deleted text end The commissioner may, by rule, allow
a person to take more than one deer. The commissioner shall prescribe the conditions
for taking the additional deer including:

(1) taking by firearm new text begin , muzzleloader, new text end or archery;

(2) obtaining additional licenses; deleted text begin and
deleted text end

(3) payment of a fee not more than the fee for a firearms deer license; and

(4) the total number of deer that an individual may take.

deleted text begin (b) In Kittson, Lake of the Woods, Marshall, Pennington, and Roseau Counties, a
person may obtain one firearms deer license and one archery deer license in the same
license year, and may take one deer under each license. The commissioner may limit the
use of this provision in certain years to protect the deer population in the area.
deleted text end

Sec. 32.

Minnesota Statutes 2006, section 97B.301, subdivision 6, is amended to read:

Subd. 6.

Residents new text begin or nonresidents new text end under age 18 may take deer of either sex.

A resident new text begin or nonresident new text end 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 new text begin or nonresidents new text end under
age 18, under the procedures provided in section 97B.305, and may give preference to
residents new text begin or nonresidents new text end under the age of 18 that have not previously been selected.
This subdivision does not authorize the taking of an antlerless deer by another member
of a party under subdivision 3.

Sec. 33.

Minnesota Statutes 2007 Supplement, section 97B.328, is amended to read:

97B.328 BAITING PROHIBITED.

new text begin Subdivision 1. new text end

new text begin Hunting with aid of bait or feed prohibited. new text end

deleted text begin (a) deleted text end A person may
not hunt deer:

(1) with the aid or use of bait new text begin or feed new text end ; new text begin or
new text end

(2) in the vicinity of bait new text begin or feed new text end if the person knows or has reason to know that
bait new text begin or feed new text end is present deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) in the vicinity of where the person has placed bait or caused bait to be placed
within the previous ten days.
deleted text end

deleted text begin (b) This restriction does not apply to:
deleted text end

new text begin Subd. 2. new text end

new text begin Removal of bait. new text end

new text begin An area is considered baited for ten days after the
complete removal of all bait or feed.
new text end

new text begin Subd. 3. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "bait or feed" includes grains,
fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer and
that has been placed by a person. Liquid scents, salt, and minerals are not bait or feed.
new text end

deleted text begin (1) deleted text end Food resulting from normal or accepted farming, forest management, wildlife
food plantings, orchard management, or other similar land management activities deleted text begin ; or deleted text end new text begin
is not bait or feed.
new text end

new text begin Subd. 4. new text end

new text begin Exception for bait or feed on adjacent land. new text end

deleted text begin (2) deleted text end A person new text begin otherwise
in compliance with this section who is new text end hunting on deleted text begin the person's own deleted text end new text begin private or public
new text end property deleted text begin , when deleted text end new text begin that is adjacent to property where bait or feed is present is not in violation
of this section if new text end the person has not participated in, been involved with, or agreed to
new text begin baiting or new text end feeding wildlife on new text begin the new text end adjacent deleted text begin land owned by another person deleted text end new text begin property new text end .

Sec. 34.

new text begin [97B.673] NONTOXIC SHOT REQUIRED FOR TAKING SMALL
GAME IN CERTAIN AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Nontoxic shot on public lands in agricultural zone. new text end

new text begin After
July 1, 2011, nontoxic shot, as approved by the director of the United States Fish and
Wildlife Service, must be used when taking small game by shotgun on public lands in the
agricultural zone defined in this section.
new text end

new text begin Subd. 2. new text end

new text begin Agricultural zone. new text end

new text begin The agricultural zone is that area of the state south
and west of a line beginning at the eastern boundary of the state on U.S. Highway 8,
thence westerly on U.S. Highway 8 to State Trunk Highway 95, thence westerly on State
Trunk Highway 95 to the junction of U.S. Highway 10, thence northwesterly on U.S.
Highway 10 to the junction of U.S. Highway 59, thence northerly on U.S. Highway 59
to the Canadian border.
new text end

Sec. 35.

Minnesota Statutes 2006, section 97B.721, is amended to read:

97B.721 LICENSE deleted text begin AND STAMP VALIDATION deleted text end REQUIRED TO TAKE
TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.

(a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person
may not take a turkey without possessing a turkey license deleted text begin and a turkey stamp validation deleted text end .

(b) deleted text begin The requirement in paragraph (a) to have a turkey stamp validation does not
apply to persons under age 18. deleted text end An unlicensed adult age 18 or older may assist a licensed
wild turkey hunter. The unlicensed adult may not shoot or possess a firearm or bow while
assisting a hunter under this paragraph and may not charge a fee for the assistance.

(c) The commissioner may by rule prescribe requirements for the tagging and
registration of turkeys.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 36.

Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 2, is
amended to read:

Subd. 2.

License required.

A person may not deleted text begin take fish from deleted text end new text begin leave new text end a dark house
deleted text begin or deleted text end new text begin , new text end fish house deleted text begin that is left deleted text end new text begin , or shelter new text end unattended on the ice deleted text begin overnight deleted text end unless the house is
licensed and has a license tag attached to the exterior in a readily visible location, except
as provided in this subdivision. The commissioner must issue a tag with a dark house or
fish house license, marked with a number to correspond with the license and the year of
issue. A dark house or fish house license is not required of a resident on boundary waters
where the adjacent state does not charge a fee for the same activity.

Sec. 37.

Minnesota Statutes 2006, section 97C.355, subdivision 4, is amended to read:

Subd. 4.

Distance between houses.

A person may not erect a dark house deleted text begin or deleted text end new text begin , new text end fish
house new text begin , or shelter new text end within ten feet of an existing dark house deleted text begin or deleted text end new text begin , new text end fish house new text begin , or shelter new text end .

Sec. 38.

Minnesota Statutes 2006, section 97C.355, subdivision 7a, is amended to read:

Subd. 7a.

Houses left overnight.

A fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end left on the
ice overnight must be marked with reflective material on each side of the deleted text begin house deleted text end new text begin structure new text end .
The reflective material must measure a total area of no less than two square inches on each
side of the deleted text begin house deleted text end new text begin structure new text end . deleted text begin Violation of this subdivision is not subject to subdivision 8
or section 97A.301. deleted text end

Sec. 39.

Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 8, is
amended to read:

Subd. 8.

Confiscation of unlawful structures; civil penalty.

(a) Structures on the
ice in violation of this section may be confiscated and disposed of, retained by the division,
or sold at the highest price obtainable, in a manner prescribed by the commissioner.

(b) In addition to other penalties provided by law, the owner of a structure left on the
ice in violation of this section is subject to a civil penalty under section 115A.99.

new text begin (c) This subdivision also applies to structures left on state public access sites for
more than 48 hours past the deadlines specified in subdivision 7.
new text end

Sec. 40.

Minnesota Statutes 2006, section 97C.401, subdivision 2, is amended to read:

Subd. 2.

Walleye; northern pike.

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

(b) The restrictions in paragraph (a) do not apply to boundary waters.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2009.
new text end

Sec. 41. new text begin RULE AMENDMENTS.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
part 6262.0200, subpart 1, item G, to establish a daily and possession limit of four walleye
and sauger in the aggregate. Minnesota Statutes, section 14.386, does not apply to the
rulemaking under this section, except to the extent provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 97A.411, subdivision 2, new text end new text begin new text end new text begin Minnesota Statutes 2007
Supplement, section 97B.301, subdivision 7, new text end new text begin and new text end new text begin Minnesota Rules, parts 6232.0200,
subpart 4; and 6232.0300, subpart 4, new text end new text begin are repealed.
new text end