SF 4898

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/19/2024 10:03am

A bill for an act
relating to natural resources; providing for native rough fish; making conforming
changes for aquatic farm licenses and taking and possessing fish; authorizing
rulemaking; amending Minnesota Statutes 2022, sections 17.4983, subdivision 2;
17.4984, subdivision 2; 17.4988, subdivision 4; 17.4992, subdivisions 1, 3; 17.4996;
41A.02, subdivision 6; 84B.061; 97A.015, subdivisions 3b, 39, 43; 97A.075,
subdivision 2; 97A.341, subdivision 1; 97A.421, subdivision 2; 97A.425,
subdivision 4; 97A.475, subdivision 39; 97A.551, subdivision 2; 97B.055,
subdivision 2; 97B.106; 97C.025; 97C.035, subdivision 3; 97C.045; 97C.081,
subdivision 3a; 97C.211, subdivision 5; 97C.375; 97C.376, subdivisions 1, 5;
97C.381; 97C.385; 97C.391, subdivision 1; 97C.395, subdivision 2; 97C.505,
subdivision 8; 97C.801, subdivision 2; 97C.805, subdivisions 1, 4; 97C.811,
subdivision 2; 97C.831, subdivision 1; 97C.835, subdivisions 2, 3; 97C.865,
subdivision 1; Minnesota Statutes 2023 Supplement, sections 97B.037; 97C.041;
97C.371, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 17.4983, subdivision 2, is amended to read:

Subd. 2.

Acquisition from state.

(a) The commissioner may sell aquatic life to licensed
facilities at fair wholesale market value. Fair wholesale market value must be determined
by the average market price charged in this state and contiguous states and provinces for
similar quantities.

(b) The commissioner shall establish procedures to make aquatic life available to licensed
facilities if state aquatic life would otherwise die or go to waste, such as in cases of winterkill
lakes, waters where piscicides will be applied, and waters subject to extreme draw-down.
The public must be given angling opportunities if public access is available.

(c) The commissioner shall attempt to provide opportunities to make brood stock available
to licensed facilities to reduce reliance on out-of-state sources without causing adverse
impacts to game fish new text begin and native rough fish new text end populations.

(d) If the commissioner denies approval to obtain aquatic life outside the state, a written
notice must be submitted to the applicant stating the reasons for denial, and the commissioner
shall:

(1) designate approved sources if available to obtain the desired aquatic life; or

(2) sell the aquatic life from state hatcheries at fair wholesale market value if there is a
surplus from state operations.

Sec. 2.

Minnesota Statutes 2022, section 17.4984, subdivision 2, is amended to read:

Subd. 2.

Listed waters.

(a) An aquatic farm license must list:

(1) the specific waters of the state that may be used in connection with the licensed
aquatic farm and the species approved for each licensed water; and

(2) whether aeration requiring a permit is approved.

Additional waters may not be used until they are approved by the commissioner.

(b) The right to use waters licensed for private fish hatchery or aquatic farm purposes
may be transferred between licensees with prior approval by the commissioner if requirements
for species to be raised are met. Waters that are continually connected by a permanent
watercourse to other waters must not be approved for aquatic farm use, except that connected
waters that are isolated from other waters may be licensed as a single water body. Waters
that are intermittently connected or may become connected with other waters may be denied,
or screening or other measures may be required to prevent passage of aquatic life. Listed
waters may be changed on approval by the area fisheries supervisor or the commissioner.

(c) The commissioner shall conduct an inspection of waters to be licensed prior to
approving or denying initial licensing of the waters. When artificial tanks, jars, or other
containers are added to existing licensed facilities, an additional inspection is not required.

(d) Waters containing deleted text begin game deleted text end fish of significant public value new text begin , including game fish and
native rough fish, new text end may be denied licensing unless the applicant can demonstrate exclusive
riparian control.

(e) Waters containing deleted text begin game deleted text end fish of significant public value new text begin , including game fish and
native rough fish, new text end may be denied licensing unless the game fish new text begin and native rough fish new text end of
significant public value are, at the commissioner's option, and taking into consideration the
recommendation of the licensed applicant, sold to the licensee, or removed by the Department
of Natural Resources or disposed of as provided in writing by the commissioner.

(f) Waters licensed under an aquatic farm license may be aerated during open water
periods without a separate aeration permit.

(g) new text begin Common new text end carp and bullheads may be removed from licensed waters, and transported
and disposed of by the licensee.

Sec. 3.

Minnesota Statutes 2022, section 17.4988, subdivision 4, is amended to read:

Subd. 4.

Aquarium facility.

(a) A person operating a commercial aquarium facility
must have a commercial aquarium facility license issued by the commissioner if the facility
contains species of aquatic life that are for sale and that are present in waters of the state.
The commissioner may require an aquarium facility license for aquarium facilities importing
or holding species of aquatic life that are for sale and that are not present in Minnesota if
those species can survive in waters of the state. The fee for an aquarium facility license is
$90.

(b) Game fish new text begin and native rough fish new text end transferred by an aquarium facility must be
accompanied by a receipt containing the information required on a shipping document by
section 17.4985, subdivision 3, paragraph (b).

Sec. 4.

Minnesota Statutes 2022, section 17.4992, subdivision 1, is amended to read:

Subdivision 1.

Acquisition and purchase.

Game fish new text begin and native rough fish new text end sperm,
viable game fish new text begin and native rough fish new text end eggs, or live game fish new text begin and native rough fish new text end may
not be taken from public waters for aquaculture purposes, but may be purchased from the
state or acquired from aquatic farms.

Sec. 5.

Minnesota Statutes 2022, section 17.4992, subdivision 3, is amended to read:

Subd. 3.

Acquisition of fish for brood stock.

(a) Game fish new text begin brood stock and native
rough fish new text end brood stock may be sold to private fish hatcheries or aquatic farms by the state
at fair wholesale market value. For brood stock development, up to 20 pair of adults of each
species requested may be provided to a licensee once every three years, if available, by the
state through normal operations.

(b) If brood stock is not available by the June 1 following the request under paragraph
(a) and a permit to take brood stock by angling is requested by the licensee, within 30 days
of the request, the commissioner may issue a permit to the licensee to take, by angling, up
to 20 pairs of each species requested. Game and fish laws and rules relating to daily limits,
seasons, and methods apply to the taking of fish by angling pursuant to a permit issued
under this paragraph.

Sec. 6.

Minnesota Statutes 2022, section 17.4996, is amended to read:

17.4996 WHITE EARTH INDIAN RESERVATION.

Until the commissioner reaches an agreement with the White Earth Indian Reservation
regarding the acquisition and sale of aquatic life from public waters, an aquatic farm licensee
may acquire and transport new text begin native new text end rough fish, as defined in section 97A.015, subdivision 43,
and yellow perch lawfully acquired and possessed by a tribal member for sale under tribal
laws and regulations on the White Earth Reservation. Transportation of yellow perch off
the reservation must be accompanied by documentation showing the source and number of
the yellow perch.

Sec. 7.

Minnesota Statutes 2022, section 41A.02, subdivision 6, is amended to read:

Subd. 6.

Agricultural resource project; project.

"Agricultural resource project" or
"project" means (1) any facility, or portion of a facility, located in the state which is operated
or to be operated primarily for the production from agricultural resources of marketable
products, (2) buildings, equipment, and land used for the commercial production of turkeys
or turkey products, (3) a facility or portion of a facility used for the commercial production
of fish or of products made from commercially produced fish or new text begin native new text end rough fish, as defined
in section 97A.015, subdivision 43, new text begin or common carp new text end that are not commercially produced,
or (4) real or personal property used or useful in connection with a revenue-producing
enterprise, or a combination of two or more revenue-producing enterprises engaged in a
business, that is not used for the production of livestock, other than poultry, or for the
production of crops, plants, or milk. The land in clause (2) is limited to land on which
buildings and equipment are situated and immediately surrounding land used for storage,
waste disposal, or other functions directly related to the commercial production of turkeys
or turkey products at that project site. The land in clause (2) does not include land used for
the growing or raising of crops or the grazing of livestock other than poultry. A project
includes a facility or portion of a facility for mixing or producing substances to be mixed
with other substances for use as a fuel or as a substitute for petroleum or petrochemical
feedstocks.

Sec. 8.

Minnesota Statutes 2022, section 84B.061, is amended to read:

84B.061 STATE JURISDICTION OVER RAINY LAKE AND OTHER
NAVIGABLE WATERS; DUTIES OF GOVERNOR, ATTORNEY GENERAL, AND
OTHER PUBLIC OFFICERS.

As required by this chapter and the act of Congress authorizing Voyageurs National
Park, the state of Minnesota donated in excess of 35,000 acres of state and other publicly
owned land for the park, roughly one-fourth of the land area of the park, at a cost of over
$5,000,000 to the state. More than 24,000 acres of this land was state trust fund land which
the state condemned before making its donation. Pursuant to section 84B.06, lands donated
by the state, along with other lands acquired by the National Park Service for the park, were
made subject to concurrent jurisdiction by the state and the United States under section
1.041. In making these donations, none of the navigable waters within the park and the
lands under them have been donated to the United States. These navigable waters include
the following: Rainy, Kabetogama, Namakan, Sand Point, and Crane Lakes. Pursuant to
applicable federal and state law, navigable waters and their beds are owned by the state.
Ownership of and jurisdiction over these waters and their beds has not been ceded by the
state, either expressly or implicitly, to the United States. Unlike section 1.044 relating to
the Upper Mississippi Wildlife and Fish Refuge, where the state expressly granted its consent
and jurisdiction to the United States to acquire interests in water, as well as land, the consent
granted by the state in section 84B.06 to acquisitions by the United States for Voyageurs
National Park is limited to land, only. In the discharge of their official duties, the governor,
attorney general, other constitutional officers, and other public officials, such as the
commissioner of natural resources, shall vigorously assert and defend, in all forums, the
state's ownership of and jurisdiction over these waters and their beds and related natural
resources, together with associated rights of the state and its citizens arising from the state's
ownership and jurisdiction. In discharging their duties, the governor, attorney general, other
constitutional officers, and other public officials shall, additionally, be especially cognizant
of the free rights of travel afforded to citizens of Minnesota and others under the
Webster-Ashburton Treaty (proclaimed November 10, 1842) and the Root-Bryce Treaty
(proclaimed May 13, 1910) on international and associated boundary waters. Also, in
furtherance of duties under this section, the commissioner of natural resources shall continue
in effect the commercial removal of new text begin native new text end rough fish, as defined in section 97A.015,
subdivision 43, from these waters, together with any rights to do so possessed by any person
on January 1, 1995, so long as the commissioner determines that such taking is desirable
to the management of the native fishery.

Sec. 9.

Minnesota Statutes 2022, section 97A.015, subdivision 3b, is amended to read:

Subd. 3b.

Bow fishing.

"Bow fishing" means taking new text begin native new text end rough fish new text begin and common carp
new text end by archery where the arrows are tethered or controlled by an attached line.

Sec. 10.

Minnesota Statutes 2022, section 97A.015, subdivision 39, is amended to read:

Subd. 39.

Protected wild animals.

"Protected wild animals" means big game, small
game, game fish, new text begin native new text end rough fish, minnows, leeches, deleted text begin alewives, ciscoes, deleted text end chubs, deleted text begin lake whitefish
and the subfamily Coregoninae, rainbow smelt, deleted text end frogs, turtles, clams, mussels, wolf, mourning
doves, bats, snakes, salamanders, lizards, any animal species listed as endangered, threatened,
or of special concern in Minnesota Rules, chapter 6134, and wild animals that are protected
by a restriction in the time or manner of taking, other than a restriction in the use of artificial
lights, poison, or motor vehicles.

Sec. 11.

Minnesota Statutes 2022, section 97A.015, subdivision 43, is amended to read:

Subd. 43.

new text begin Native new text end rough fish.

" new text begin Native new text end rough fish" means deleted text begin carp, buffalo, sucker, sheepshead,
bowfin, gar, goldeye, and bullhead, deleted text end new text begin Amiidae (bowfin), Catostomidae (bigmouth, smallmouth,
and black buffalo; white, blue, spotted, and longnose sucker; northern hogsucker; quillback;
river and highfin carpsucker; and black, river, shorthead, golden, silver, and greater redhorse),
Hiodontidae (goldeye and mooneye), Ictaluridae (black, brown, and yellow bullhead),
Lepisosteidae (longnose and shortnose gar), and Sciaenidae (freshwater drum), new text end except for
any fish species listed as endangered, threatened, or of special concern in Minnesota Rules,
chapter 6134.

Sec. 12.

Minnesota Statutes 2022, section 97A.075, subdivision 2, is amended to read:

Subd. 2.

Minnesota migratory-waterfowl stamp.

(a) Ninety percent of the revenue
from the Minnesota migratory-waterfowl stamps must be credited to the waterfowl habitat
improvement account and is appropriated to the commissioner only for:

(1) development of wetlands and lakes in the state and designated waterfowl management
lakes for maximum migratory waterfowl production including habitat evaluation, the
construction of dikes, water control structures and impoundments, nest cover, deleted text begin rough fish deleted text end new text begin
common carp new text end barriers, acquisition of sites and facilities necessary for development and
management of existing migratory waterfowl habitat and the designation of waters under
section 97A.101;

(2) management of migratory waterfowl;

(3) development, restoration, maintenance, or preservation of migratory waterfowl
habitat;

(4) acquisition of and access to structure sites; and

(5) the promotion of waterfowl habitat development and maintenance, including
promotion and evaluation of government farm program benefits for waterfowl habitat.

(b) Money in the account may not be used for costs unless they are directly related to a
specific parcel of land or body of water under paragraph (a), clause (1), (3), (4), or (5), or
to specific management activities under paragraph (a), clause (2).

Sec. 13.

Minnesota Statutes 2022, section 97A.341, subdivision 1, is amended to read:

Subdivision 1.

Liability for restitution.

A person who kills, injures, or possesses a wild
animal in violation of the game and fish laws is liable to the state for the value of the wild
animal as provided in this section. Species afforded protection include members of the
following groups as defined by statute or rule: game fish, new text begin native rough fish, new text end game birds, big
game, small game, fur-bearing animals, minnows, and threatened and endangered animal
species. Other animal species may be added by rule of the commissioner as determined
after public meetings and notification of the chairs of the environment and natural resources
committees in the senate and house of representatives.

Sec. 14.

Minnesota Statutes 2022, section 97A.421, subdivision 2, is amended to read:

Subd. 2.

Issuance after conviction; buying and selling wild animals.

A person may
not obtain a license to take any wild animal or take wild animals under a lifetime license,
issued under section 97A.473 or 97A.474, for a period of three years after being convicted
of buying or selling game fish, new text begin native rough fish, new text end big game, or small game, and the total
amount of the sale is $300 or more.

Sec. 15.

Minnesota Statutes 2022, section 97A.425, subdivision 4, is amended to read:

Subd. 4.

Rules.

The commissioner may adopt rules, not inconsistent with subdivisions
1 to deleted text begin 3 deleted text end new text begin 3a new text end , governing record keeping, reporting, and marking of specimens by taxidermists.

Sec. 16.

Minnesota Statutes 2022, section 97A.475, subdivision 39, is amended to read:

Subd. 39.

Fish packer.

The fee for a license to prepare dressed game fish new text begin or native rough
fish new text end for transportation or shipment is $40.

Sec. 17.

Minnesota Statutes 2022, section 97A.551, subdivision 2, is amended to read:

Subd. 2.

Fish transported through state.

A person may not transport game fish new text begin or
native rough fish new text end taken in another state or country through the state during the closed season
or in excess of the possession limit unless the fish are:

(1) transported by common carrier; or

(2) tagged, sealed, or marked as prescribed by the commissioner.

Sec. 18.

Minnesota Statutes 2023 Supplement, section 97B.037, is amended to read:

97B.037 CROSSBOW HUNTING.

(a) Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer,
bear, turkey, new text begin common carp, new text end or new text begin native new text end rough fish by crossbow during the respective regular
archery seasons. The transportation requirements of section 97B.051 apply to crossbows
during the regular archery deer, bear, turkey, new text begin common carp, new text end or new text begin native new text end rough fish season.
Crossbows must meet the requirements of section 97B.106, subdivision 2. A person taking
deer, bear, turkey, new text begin common carp, new text end or new text begin native new text end rough fish by crossbow under this section must
have a valid license to take the respective game.

(b) This section expires June 30, 2025.

Sec. 19.

Minnesota Statutes 2022, section 97B.055, subdivision 2, is amended to read:

Subd. 2.

Restrictions related to motor vehicles.

(a) A person may not take a wild
animal with a firearm or by archery from a motor vehicle except as permitted in this section.

(b) A person may not shoot at a decoy of a wild animal that is placed by a licensed peace
officer by:

(1) discharging a firearm from a motor vehicle; or

(2) discharging an arrow from a bow from a motor vehicle.

(c) Notwithstanding section 97B.091, a person may transport a bow uncased while in a
motorized watercraft and may take new text begin native new text end rough fish new text begin and common carp new text end while in the boat as
provided in section 97C.376, subdivision 3.

Sec. 20.

Minnesota Statutes 2022, section 97B.106, is amended to read:

97B.106 CROSSBOW PERMITS FOR HUNTING AND FISHING.

Subdivision 1.

Eligibility.

(a) The commissioner may issue a special permit, without a
fee, to take big game, small game, or new text begin native new text end rough fish with a crossbow to a person that is
unable to hunt or take new text begin native new text end 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 (1) a licensed physician, licensed advanced practice
registered nurse, or licensed physician assistant; or (2) a licensed 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.

Subd. 2.

Equipment requirements.

(a) A crossbow used for hunting under the provisions
of this section must:

(1) be fired from the shoulder;

(2) deliver at least 42 foot-pounds of energy at a distance of ten feet;

(3) have a working safety; and

(4) be used with arrows or bolts at least ten inches long.

(b) An arrow or bolt used to take big game or turkey under the provisions of this section
must meet the legal arrowhead requirements in section 97B.211, subdivision 2.

(c) An arrow or bolt used to take new text begin native new text end rough fish with a crossbow under the provisions
of this section must be tethered or controlled by an attached line.

Sec. 21.

Minnesota Statutes 2022, section 97C.025, is amended to read:

97C.025 FISHING AND MOTORBOATS RESTRICTED IN CERTAIN AREAS.

(a) The commissioner may prohibit or restrict the taking of fish or the operation of
motorboats by posting waters that:

(1) are designated as spawning beds or fish preserves;

(2) are being used by the commissioner for fisheries research or management activities;
or

(3) are licensed by the commissioner as a private fish hatchery or aquatic farm under
section 17.4984, subdivision 1, or 97C.211, subdivision 1.

An area may be posted under this paragraph if necessary to prevent excessive depletion of
fish or interference with fisheries research or management activities or private fish hatchery
or aquatic farm operations.

(b) The commissioner will consider the following criteria in determining if waters
licensed under a private fish hatchery or aquatic farm should be posted under paragraph (a):

(1) the waters contain game fish new text begin brood stock or native rough fish brood stock and the
new text end brood stock deleted text begin that are deleted text end new text begin is new text end vital to the private fish hatchery or aquatic farm operation;

(2) game fish new text begin or native rough fish new text end are present in the licensed waters only as a result of
aquaculture activities by the licensee; and

(3) no public access to the waters existed when the waters were first licensed.

(c) A private fish hatchery or aquatic farm licensee may not take fish or authorize others
to take fish in licensed waters that are posted under paragraph (a), except as provided in
section 17.4983, subdivision 3, and except that if waters are posted to allow the taking of
fish under special restrictions, licensees and others who can legally access the waters may
take fish under those special restrictions.

(d) Before March 1, 2003, riparian landowners adjacent to licensed waters on April 30,
2002, and riparian landowners who own land adjacent to waters licensed after April 30,
2002, on the date the waters become licensed waters, plus their children and grandchildren,
may take two daily limits of fish per month under an angling license subject to the other
limits and conditions in the game and fish laws.

(e) Except as provided in paragraphs (c), (d), and (f), a person may not take fish or
operate a motorboat if prohibited by posting under paragraph (a).

(f) An owner of riparian land adjacent to an area posted under paragraph (a) may operate
a motorboat through the area by the shortest direct route at a speed of not more than five
miles per hour.

(g) Postings for water bodies designated under paragraph (a), clause (1), or being used
for fisheries research or management under paragraph (a), clause (2), are not subject to the
rulemaking provisions of chapter 14, and section 14.386 does not apply.

Sec. 22.

Minnesota Statutes 2022, section 97C.035, subdivision 3, is amended to read:

Subd. 3.

Taking fish.

(a) The commissioner may authorize residents to take fish:

(1) in any quantity;

(2) in any manner, except by use of seines, hoop nets, fyke nets, and explosives; and

(3) for personal use only, except deleted text begin rough fish deleted text end new text begin common carp new text end may be sold.

(b) The commissioner may authorize the taking of fish by posting notice conspicuously
along the shore of the waters and publishing a news release in a newspaper of general
circulation in the area where the waters are located.

Sec. 23.

Minnesota Statutes 2023 Supplement, section 97C.041, is amended to read:

97C.041 COMMISSIONER MAY REMOVE new text begin NATIVE new text end ROUGH FISH.

The commissioner may take new text begin native new text end rough fish new text begin , common carp, new text end and rainbow smelt with
seines, nets, and other devices. The commissioner may hire or contract persons, or issue
permits, to take the fish. The commissioner shall prescribe the manner of taking and disposal.
The commissioner may award a contract under this section without competitive bidding.
Before establishing the contractor's compensation, the commissioner must consider the
qualifications of the contractor, including the contractor's equipment, knowledge of the
waters, and ability to perform the work.

Sec. 24.

Minnesota Statutes 2022, section 97C.045, is amended to read:

97C.045 REMOVING new text begin COMMON CARP AND NATIVE new text end ROUGH FISH FROM
BOUNDARY WATERS.

The commissioner may enter into agreements with North Dakota, South Dakota,
Wisconsin, and Iowa, relating to the removal of new text begin common carp and native new text end rough fish in
boundary waters. The agreements may include:

(1) contracting to remove new text begin common carp and native new text end rough fish;

(2) inspection of the work;

(3) the division of proceeds; and

(4) regulating the taking of new text begin common carp and native new text end rough fish.

Sec. 25.

Minnesota Statutes 2022, section 97C.081, subdivision 3a, is amended to read:

Subd. 3a.

No permit required.

A person may conduct a fishing contest without a permit
from the commissioner if:

(1) the contest is not limited to specifically named waters;

(2) the contest is limited to deleted text begin rough fish deleted text end new text begin common carp new text end and participants are required to fish
with a hook and line; or

(3) the total prize value is $500 or less.

Sec. 26.

Minnesota Statutes 2022, section 97C.211, subdivision 5, is amended to read:

Subd. 5.

Price of game fish fry and eggs.

The commissioner may sell or barter game
fish new text begin or native rough fish new text end fry or eggs for not less than the cost associated with the production
of eggs or fry.

Sec. 27.

Minnesota Statutes 2023 Supplement, section 97C.371, subdivision 1, is amended
to read:

Subdivision 1.

Species allowed.

Only new text begin common carp, native new text end rough fish, catfish, lake
whitefish, cisco (tulibee), and northern pike may be taken by spearing.

Sec. 28.

Minnesota Statutes 2022, section 97C.375, is amended to read:

97C.375 TAKING new text begin NATIVE new text end ROUGH FISH BY SPEARING.

(a) A resident or nonresident may take new text begin native new text end rough fish by spearing according to
paragraph (b) and during the times, in waters, and in the manner prescribed by the
commissioner.

(b) Suckers may be taken by spearing from deleted text begin the last Saturday in April deleted text end new text begin May 1 new text end through the
last deleted text begin Sunday deleted text end new text begin day new text end in February.

Sec. 29.

Minnesota Statutes 2022, section 97C.376, subdivision 1, is amended to read:

Subdivision 1.

Season.

(a) The regular bow-fishing season for residents and nonresidents
is from deleted text begin the last Saturday in April to deleted text end new text begin May 1 through new text end the last deleted text begin Sunday deleted text end new text begin day new text end in February at any
time of the day.

(b) The early bow-fishing season for residents and nonresidents is open only south of
State Highway 210 from deleted text begin the Monday after the last Sunday in February to the Friday before deleted text end new text begin
March 1 through new text end the last deleted text begin Saturday deleted text end new text begin day new text end in April at any time of the day. During the early
season, a person may bow fish:

(1) only from a boat; and

(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.

Sec. 30.

Minnesota Statutes 2022, section 97C.376, subdivision 5, is amended to read:

Subd. 5.

Returning new text begin native new text end rough fish new text begin and common carp new text end to waters.

new text begin Native new text end rough fish
new text begin and common carp new text end taken by bow fishing deleted text begin shall deleted text end new text begin must new text end not be returned to the water, and new text begin native
new text end rough fish new text begin and common carp new text end may not be left on the banks of any water of the state.

Sec. 31.

Minnesota Statutes 2022, section 97C.381, is amended to read:

97C.381 HARPOONING new text begin NATIVE new text end ROUGH FISH.

A resident or nonresident may use a rubber powered gun, spring gun, or compressed air
gun to take new text begin native new text end rough fish new text begin and common carp new text end by harpooning. The harpoon must be fastened
to a line not more than 20 feet long. The commissioner may prescribe the times, the waters,
and the manner for harpooning new text begin native new text end rough fish new text begin and common carp new text end .

Sec. 32.

Minnesota Statutes 2022, section 97C.385, is amended to read:

97C.385 COMMISSIONER'S AUTHORITY TO REGULATE WINTER FISHING.

Subdivision 1.

Effect on summer angling season.

If the commissioner closes the
statutory open season for deleted text begin the deleted text end spearing deleted text begin of deleted text end a game fish new text begin or native rough fish new text end species in any
waters, the commissioner must, in the same rule, close the following statutory open season
for angling for the same species in the waters in the same proportion.

Subd. 2.

Effect on summer angling limits.

If the commissioner reduces the limit of a
species of game fish new text begin or native rough fish new text end taken by spearing in any waters under section
97A.045, subdivision 2, the commissioner must reduce the limit for taking deleted text begin of deleted text end the species
by angling in the waters during the following open season for angling.

Subd. 3.

Limiting closures by county.

The commissioner may not close the open season
for taking game fish new text begin or native rough fish new text end through the ice on more than 50 percent of the
named lakes or streams of a county under section 97A.045, subdivision 2.

Sec. 33.

Minnesota Statutes 2022, section 97C.391, subdivision 1, is amended to read:

Subdivision 1.

General restrictions.

A person may not buy or sell fish taken from the
waters of this state, except:

(1) minnows;

(2) deleted text begin rough fish deleted text end new text begin common carp new text end ;

(3) smelt taken from Lake Superior and rivers and streams that flow into Lake Superior;

(4) fish taken under licensed commercial fishing operations;

(5) fish that are private aquatic life; and

(6) fish lawfully taken and subject to sale from other states and countries.

Sec. 34.

Minnesota Statutes 2022, section 97C.395, subdivision 2, is amended to read:

Subd. 2.

Continuous season for certain species.

For sunfish, white crappie, black
crappie, yellow perch, catfish, rock bass, white bass, yellow bass, burbot, cisco (tullibee),
lake whitefish, and new text begin native new text end rough fish, the open season is continuous.

Sec. 35.

Minnesota Statutes 2022, section 97C.505, subdivision 8, is amended to read:

Subd. 8.

Possession for minnow dealers.

When nets and traps are lawfully set and
tended, minnows deleted text begin and deleted text end new text begin , new text end incidentally taken game fish under four inches in length new text begin , and
incidentally taken native rough fish that are not classified as minnows new text end deleted text begin are not deleted text end new text begin must be
removed from the nets and traps to the extent practicable but shall not be new text end considered to be
in possession deleted text begin until the minnows or game fish are placed on a motor deleted text end new text begin if inadvertently brought
to a holding tank new text end deleted text begin vehicle or trailer for transport on land deleted text end .

Sec. 36.

Minnesota Statutes 2022, section 97C.801, subdivision 2, is amended to read:

Subd. 2.

Commercial fish netting on Mississippi River.

(a) A license is required to
commercially take new text begin native new text end rough fish with seines in the Mississippi River from the St. Croix
River junction to St. Anthony Falls.

(b) A person may take new text begin native new text end rough fish in the Mississippi River, from the St. Croix
River junction to St. Anthony Falls, only with the following equipment and methods:

(1) operations shall be conducted only in the flowing waters of the river and in tributary
backwaters prescribed by the commissioner;

(2) seines may be used only as prescribed by this section and rules adopted by the
commissioner;

(3) seines must be hauled to a landing immediately after being placed;

(4) two seines may not be joined together in the water; and

(5) a seine may not be landed between sunset and sunrise.

Sec. 37.

Minnesota Statutes 2022, section 97C.805, subdivision 1, is amended to read:

Subdivision 1.

Open season.

(a) The commissioner shall, by rule, prescribe the open
season and open state waters for netting lake whitefish and ciscoes. The commissioner may
open specific lakes and waters that are otherwise closed if the commissioner posts notice
of the date and time in appropriate public places at least 48 hours before the open season
begins.

(b) The commissioner may close specific lakes and waters that are otherwise open under
this subdivision if the commissioner posts notice of the closing at a minimum of three sites
on the shore of the waters, including all public water-access sites. Before closing waters
under this paragraph, the commissioner shall determine that the closure is necessary to
protect game fish new text begin or native rough fish new text end populations.

Sec. 38.

Minnesota Statutes 2022, section 97C.805, subdivision 4, is amended to read:

Subd. 4.

No limit on new text begin native new text end rough fish netted.

Lake whitefish and ciscoes taken under
this section may be taken and possessed without limit. new text begin Native new text end rough fish caught while netting
may be retained. All other fish taken while netting must be returned to the water immediately.

Sec. 39.

Minnesota Statutes 2022, section 97C.811, subdivision 2, is amended to read:

Subd. 2.

Commercial fish defined.

For purposes of this section and section 97A.475,
subdivision 30, "commercial fish" are new text begin common new text end carp deleted text begin ; bowfin; burbot; cisco; goldeye; rainbow
smelt; black bullhead, brown bullhead, and yellow bullhead; lake whitefish; members of
the sucker family, Catostomidae, including white sucker, redhorse, bigmouth buffalo, and
smallmouth buffalo; members of the drum family, Sciaenidae, including sheepshead; and
members of the gar family, Lepisosteidae deleted text end new text begin and native rough fish, except for bowfin new text end .

Sec. 40.

Minnesota Statutes 2022, section 97C.831, subdivision 1, is amended to read:

Subdivision 1.

Lake whitefish and new text begin native new text end rough fish.

Lake whitefish and new text begin native new text end rough
fish may be taken by licensed commercial fishing operators unless otherwise changed by
rule of the commissioner, under section 97C.805, subdivision 1, from Namakan Lake and
Sand Point Lake.

Sec. 41.

Minnesota Statutes 2022, section 97C.835, subdivision 2, is amended to read:

Subd. 2.

Types of fish permitted.

Lake trout, ciscoes, chubs, alewives, lake whitefish,
round whitefish, pygmy whitefish, rainbow smelt, and new text begin native new text end rough fish may be taken by
licensed commercial fishing operators from Lake Superior, in accordance with this section.

Sec. 42.

Minnesota Statutes 2022, section 97C.835, subdivision 3, is amended to read:

Subd. 3.

Pound nets and trap nets.

Pound or trap nets may be used to take lake whitefish,
round whitefish, pygmy whitefish, ciscoes, chubs, alewives, rainbow smelt, and new text begin native new text end rough
fish in Lake Superior, including St. Louis Bay east of the U.S. Highway 53 bridge, under
the rules prescribed by the commissioner.

Sec. 43.

Minnesota Statutes 2022, section 97C.865, subdivision 1, is amended to read:

Subdivision 1.

License required; records.

(a) A person engaged in a business providing
services to a person taking fish may not prepare dressed game fish new text begin or dressed native rough
fish new text end for shipment without a fish packer's license. The fish packer must maintain a permanent
record of:

(1) the name, address, and license number of the shipper;

(2) the name and address of the consignee; and

(3) the number of each species and net weight of fish in the shipment.

(b) The records of the fish packer must be made available to an enforcement officer
upon request.

Sec. 44. new text begin REQUIRED RULEMAKING.
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 adopt rules to conform with
this act. Minnesota Statutes, section 14.386, does not apply to rules adopted under this
section except as provided under Minnesota Statutes, section 14.388.
new text end

Sec. 45. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber Minnesota Statutes, section 97A.015, subdivision
32b, as Minnesota Statutes, section 97A.015, subdivision 32d, and must renumber Minnesota
Statutes, section 97A.015, subdivision 43, as Minnesota Statutes, section 97A.015,
subdivision 32c.
new text end