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SF 796

as introduced - 88th Legislature (2013 - 2014) Posted on 04/02/2013 12:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying commissioner's authorities and duties;
modifying definitions; modifying watercraft provisions; providing for certain
license seizures; modifying game and fish license provisions; modifying trespass
law; modifying requirements for taking game and fish; requiring rulemaking;
amending Minnesota Statutes 2012, sections 84.027, subdivision 13, by adding
subdivisions; 86B.005, subdivision 18, by adding subdivisions; 86B.301,
subdivision 2; 86B.501, subdivision 1; 86B.825, subdivision 2; 97A.045,
subdivision 1; 97A.051, subdivision 2; 97A.135, subdivision 3; 97A.420,
subdivision 1; 97A.445, subdivision 1; 97A.451, subdivisions 3, 3b, 4; 97A.475,
subdivisions 2, 3; 97A.485, subdivision 6; 97B.001, subdivisions 3, 4, 7;
97B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.112; 97C.341;
97C.376, subdivision 3; repealing Minnesota Statutes 2012, section 97A.451,
subdivision 4a.

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

Section 1.

Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:


Subd. 13.

Game and fish rules.

(a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:

(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, to open or close bodies of water or portions of bodies of water for night bow
fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;

(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and

(3) section 84D.12 to designate prohibited invasive species, regulated invasive
species, unregulated nonnative species, and infested waters.

(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459,new text begin including the need to adjust season variables on an annual basis
based upon current biological and harvest data,
new text end the commissioner may adopt a rule under
this subdivision by submitting the rule to the attorney general for review under section
97A.0455, publishing a notice in the State Register and filing the rule with the secretary
of state and the Legislative Coordinating Commission, and complying with section
97A.0459, and including a statement of the deleted text beginemergencydeleted text end conditions and a copy of the rule
in the notice. The deleted text beginemergencydeleted text end conditions for opening a water body or portion of a water
body for night bow fishing under this section may include the need to temporarily open
the area to evaluate compatibility of the activity on that body of water prior to permanent
rulemaking. The notice may be published after it is received from the attorney general or
five business days after it is submitted to the attorney general, whichever is earlier.

(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:

(1) the commissioner of natural resources determines that an emergency exists;

(2) the attorney general approves the rule; and

(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.

(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.

(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.

(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.

(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
adopted.

Sec. 2.

Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
to read:


new text begin Subd. 19. new text end

new text begin Federal law compliance. new text end

new text begin Notwithstanding any law to the contrary,
the commissioner may establish, by written order, policies for the use and operation of
other power-driven mobility devices, as defined under Code of Federal Regulations, title
28, section 35.104, on lands and in facilities administered by the commissioner for the
purposes of implementing the Americans with Disabilities Act, United States Code, title
42, section 12101 et seq. These policies are exempt from the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
new text end

Sec. 3.

Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Hunting licenses to critically ill persons. new text end

new text begin The commissioner may allow
critically ill persons to purchase, once in a lifetime, hunting licenses otherwise limited by a
lottery drawing, which licenses allow for taking game within established hunting seasons
or season frameworks. The commissioner may provide the licenses to persons who are
participating in a program for critically ill hunters sponsored by a nonprofit organization
with expertise in providing hunting opportunities to hunters who are gravely ill or have
physical disabilities. The commissioner may provide licenses or permits otherwise limited
by drawings, including wild turkey, deer, bear, prairie chicken, and wolf. The commissioner
may not allow the purchase of moose and elk licenses under this subdivision. Deer licenses
authorized by the commissioner under this subdivision may be for deer of either sex.
new text end

Sec. 4.

Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision
to read:


new text begin Subd. 15a. new text end

new text begin Rice boat. new text end

new text begin "Rice boat" means a nonmotorized watercraft being used
for harvesting wild rice.
new text end

Sec. 5.

Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:


Subd. 18.

Watercraft.

"Watercraft" means any contrivance used or designed for
navigation on water, except:

(1) a deleted text beginduckdeleted text end new text beginwaterfowl new text endboat during the deleted text beginduckdeleted text end new text beginwaterfowl new text endhunting deleted text beginseasondeleted text endnew text begin seasonsnew text end;

(2) a rice boat during the harvest season; or

(3) a seaplane.

Sec. 6.

Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision
to read:


new text begin Subd. 18a. new text end

new text begin Waterfowl boat. new text end

new text begin "Waterfowl boat" means a watercraft being used
while hunting waterfowl.
new text end

Sec. 7.

Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:


Subd. 2.

Exemptions.

A watercraft license is not required for:

(1) a watercraft that is covered by a license or number in full force and effect under
federal law or a federally approved licensing or numbering system of another state, and
has not been within this state for more than 90 consecutive days, which does not include
days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
port or another port in the state;

(2) a watercraft from a country other than the United States that has not been within
this state for more than 90 consecutive days, which does not include days that a watercraft is
laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;

(3) a watercraft owned by the United States, an Indian tribal government, a state, or
a political subdivision of a state, except watercraft used for recreational purposes;

(4) a ship's lifeboat;

(5) a watercraft that has been issued a valid marine document by the United States
government;

(6) a deleted text beginduckdeleted text end new text beginwaterfowl new text endboat during deleted text beginduckdeleted text end new text beginwaterfowl new text endhunting season;

(7) a rice boat during the harvest season;

(8) a seaplane; and

(9) a nonmotorized watercraft ten feet in length or less.

Sec. 8.

Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:


Subdivision 1.

Personal flotation or lifesaving devices.

(a) Watercraft and deleted text beginduck
deleted text end new text beginwaterfowl new text endboats using the waters of this state must be equipped with the number and type
of personal flotation or lifesaving devices prescribed by the commissioner.

(b) The commissioner may not:

(1) require sailboards to be equipped with personal flotation or lifesaving devices; or

(2) require persons on sailboards to wear personal flotation or lifesaving devices
or have them readily available.

Sec. 9.

Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:


Subd. 2.

Exempt watercraft.

A watercraft is not required to have a certificate of
title if the watercraft is:

(1) owned by a manufacturer or dealer and held for sale;

(2) used by a manufacturer solely for testing;

(3) from a jurisdiction other than this state, temporarily using the waters of this state;

(4) owned by the United States, a state, this state, or a political subdivision;

(5) a deleted text beginduckdeleted text end new text beginwaterfowl new text endboat used only during deleted text beginduckdeleted text end new text beginwaterfowl new text endhunting season;

(6) a rice boat used only during the wild rice harvesting season;

(7) owned by a person, firm, or corporation operating a resort as defined in section
157.15 or a recreational camping area as defined in section 327.14, subdivision 8, except
with respect to a previously titled watercraft; or

(8) watercraft manufactured prior to August 1, 1979.

Sec. 10.

Minnesota Statutes 2012, section 97A.045, subdivision 1, is amended to read:


Subdivision 1.

Duties; generally.

(a) The commissioner shall do all things the
commissioner determines are necessary to preserve, protect, and propagate desirable
species of wild animals. The commissioner shall make special provisions for the
management of fish and wildlife to ensure recreational opportunities for anglers and
hunters. The commissioner shall acquire wild animals for breeding or stocking and may
dispose of or destroy undesirable or predatory wild animals and their dens, nests, houses,
or dams.

(b) Notwithstanding chapters 17 and 35, the commissioner, in consultation with the
commissioner of agriculture and the executive director of the Board of Animal Health, may
capturenew text begin, take,new text end or control nonnative or domestic animals that are released, have escaped,
or are otherwise running at large and causing damage to natural resources or agricultural
lands, or that are posing a threat to wildlife, domestic animals, or human health. The
commissioner may work with other agencies to assist in the capturenew text begin, taking,new text end or control and
may authorize persons to take such animals.new text begin The commissioner may collect a civil penalty
equal to the actual costs incurred by the Department of Natural Resources from a person
who owns nonnative or domestic animals that are captured, taken, or controlled under this
paragraph. The civil penalty shall be deposited in the game and fish fund.
new text end

Sec. 11.

Minnesota Statutes 2012, section 97A.051, subdivision 2, is amended to read:


Subd. 2.

Summary of fish and game laws.

(a) The commissioner shall prepare
a summary of the huntingnew text begin, trapping,new text end and fishing laws and rules and deliver a deleted text beginsufficient
deleted text end supply to license vendors deleted text beginto furnish one copy to each person obtaining a hunting, fishing,
or trapping license
deleted text end.new text begin The commissioner shall also post the summary of laws and rules on
the Department of Natural Resources Web site.
new text end

(b) At the beginning of the summary, under the heading "Trespass," the
commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945,
state that conservation officers and peace officers must enforce the trespass laws, and
state the penalties for trespassing.

(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
summarize the requirements under section 609.662 and state the penalties for failure to
render aid to a person injured by gunshot.

Sec. 12.

Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:


Subd. 3.

Cooperative farming agreements.

On any public hunting, game refuge,
wildlife management area, new text beginaquatic management area, new text endor scientific and natural area lands,
the commissioner may enter into written cooperative farming agreements on a sharecrop
basis, without competitive bidding, for the purpose of wildlife and plant management.
Cooperative farming agreements may also be used to allow pasturing of livestock. The
agreements may provide for the bartering of a share of any crop, produced from these
lands, for services or products that will enhance or benefit the management of state lands
for plant and animal species. Cooperative farming agreements pursuant to this section shall
not be considered leases for tax purposes under section 272.01, subdivision 2, or 273.19.

Sec. 13.

Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:


Subdivision 1.

Seizure.

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

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

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

Sec. 14.

Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:


Subdivision 1.

Angling; Take a Kid Fishing Weekends.

new text begin(a) new text endA resident age 16
years or older may take fish by angling without an angling deleted text beginordeleted text end new text beginlicense and may take fish by
spearing from a dark house without a spearing license and without a
new text endfish house new text beginor dark
house
new text endlicense during one three-day consecutive period of the open water angling season
and one three-day consecutive period of the ice angling season designated by deleted text beginrule of
deleted text end the commissioner if new text beginthe resident is new text endaccompanied by a child who is under age 16. new text beginThe
commissioner may, by written order published in the State Register, establish the three-day
consecutive periods. The written order is not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
new text end

new text begin (b) new text endThe commissioner deleted text beginshalldeleted text end new text beginmay designate and new text endpublicize the three-day periods as
"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
Fishing Weekend" for the ice angling season.new text begin The commissioner shall announce the date
of each three-day weekend at least 30 days in advance of the date it occurs.
new text end

Sec. 15.

Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:


Subd. 3.

Residents new text beginand nonresidents new text endunder age 16; small game.

(a) A resident new text beginor
nonresident
new text endunder 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 new text beginor nonresident new text endis:

(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,new text begin andnew text end possesses an apprentice hunter validationdeleted text begin, and is
accompanied by a parent or guardian who possesses a small game license that was not
obtained using an apprentice hunter validation
deleted text endnew text begin as provided under section 97B.022new text end; or

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

(b) A resident under age 16 may take small game, other than wolves, 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 small game, other than wolves, 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 new text beginor nonresident new text endunder age 13 must obtain a free turkey license to
take turkey and may take a turkey without a firearms safety certificate if the resident new text beginor
nonresident
new text endis accompanied by an adult parent or guardian who has a firearms safety
certificate.

(d) A resident under age 13 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.

Sec. 16.

Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:


Subd. 3b.

Nonresidents new text beginage 16 or over and new text endunder age 18; small game.

deleted text begin(a)deleted text end A
nonresident age 16 or over and under age 18 may take small game by firearms or archery
and may obtain a small game license at the youth fee under section 97A.475, subdivision
3
, paragraph (a), clause (14), if the nonresident possesses a firearms safety certificatenew text begin or an
apprentice hunter validation as provided under section 97B.022
new text end.

deleted text begin (b) A nonresident under age 16 may take small game by firearms or archery and may
obtain a small game license without paying the applicable fees under section 97A.475,
subdivisions 3, 4, and 5, if the nonresident 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; or
deleted text end

deleted text begin (3) age 12 or under and is accompanied by a parent or guardian.
deleted text end

Sec. 17.

Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:


Subd. 4.

Residents new text beginand nonresidents new text endunder age deleted text begin13deleted text endnew text begin 16new text end; big game.

new text begin (a) A resident
or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
the person possesses a firearms safety certificate or an apprentice hunter validation as
provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
parent or guardian to hunt big game.
new text end

new text begin (b)new text end A resident new text beginor nonresident new text endage ten or deleted text beginover and under age 13deleted text endnew text begin 11 must obtain a
license under paragraph (c) and
new text end may take big game, provided the person is under the direct
supervision of a parent or guardian where the parent or guardian is within immediate reach.

new text begin (c)new text end A resident new text beginor nonresident new text endage ten deleted text beginor over and under age 13deleted text endnew text begin, 11, or 12new text end must obtain
a license to take big game deleted text beginand may obtain the license without paying the fee required
deleted text end under section 97A.475, subdivision 2new text begin or 3new text end.

Sec. 18.

Minnesota Statutes 2012, 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, $15.50;

(2) for persons age 65 or over, $7 to take small game;

(3) for persons age 18 or over to take turkey, $26;

(4) for persons age 13 or over and under age 18 to take turkey, $5;

(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $30;

(6) for persons age 18 or over to take deer by archery, $30;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $30;

(8) to take moose, for a party of not more than six persons, $356;

(9) to take bear, $44;

(10) to take elk, for a party of not more than two persons, $287;

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

(12) to take prairie chickens, $23;

(13) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season, $5;

(14) for persons age 13 or over and under age 18 to take deer by archery, $5;

(15) for persons age 13 or over and under age 18 to take deer by muzzleloader
during the muzzleloader season, $5;

(16) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4, shall be deposited in the
wildlife acquisition account;

(17) for persons age 16 or over and under age 18 to take small game, $5; deleted text beginand
deleted text end

(18) to take wolf, $30deleted text begin.deleted text endnew text begin;
new text end

new text begin (19) for persons age 12 and under to take turkey, no fee;
new text end

new text begin (20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
new text end

new text begin (21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
new text end

new text begin (22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.
new text end

Sec. 19.

Minnesota Statutes 2012, 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 or over to take small game, $90.50;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $160;

(3) for persons age 18 or over to take deer by archery, $160;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $160;

(5) to take bear, $225;

(6) for persons age 18 or over to take turkey, $91;

(7) for persons age 13 or over and under age 18 to take turkey, deleted text begin$13deleted text endnew text begin $5new text end;

(8) to take raccoon or bobcat, $178;

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

(10) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season in any open season option or time period, deleted text begin$15deleted text endnew text begin $5new text end;

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

(12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
season, deleted text begin$15deleted text endnew text begin $5new text end;

(13) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4, shall be deposited into the
wildlife acquisition account;

(14) for persons age 16 and over and under age 18 to take small game, deleted text begin$15deleted text endnew text begin $5new text end; deleted text beginand
deleted text end

(15) to take wolf, $250deleted text begin.deleted text endnew text begin;
new text end

new text begin (16) for persons age 12 and under to take turkey, no fee;
new text end

new text begin (17) for persons age 10, 11, and 12 to take deer by firearm, no fee;
new text end

new text begin (18) for persons age 10, 11, or 12 to take deer by archery, no fee; and
new text end

new text begin (19) for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.
new text end

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed
on this surcharge.

Sec. 20.

Minnesota Statutes 2012, 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;

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

new text begin (4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
requires a license purchase at the time of application and the license purchase requires
an application fee;
new text end

new text begin (5) for a prairie chicken license, the issuing fee is $1;
new text end

new text begin (6) for a turkey license, the issuing fee is $1;
new text end

new text begin (7) for an elk license, the issuing fee is $1;
new text end

new text begin (8) for a moose license, the issuing fee is $1;
new text end

new text begin (9) for a wolf license, the issuing fee is $1;
new text end

deleted text begin (4)deleted text endnew text begin (10)new text end for a stamp validation that is not issued simultaneously with a license, an
issuing fee of 50 cents may be charged at the discretion of the authorized seller;

deleted text begin (5)deleted text endnew text begin (11)new text end for stamp validations issued simultaneously with a license, there is no fee;

deleted text begin (6)deleted text endnew text begin (12)new text end for licenses, seals, tags, or coupons issued without a fee under section
97A.441 or 97A.465, deleted text beginandeleted text end new text beginthe new text endissuing fee deleted text beginof 50 cents may be charged at the discretion of
the authorized seller
deleted text endnew text begin is $1new text end;

deleted text begin (7)deleted text endnew text begin (13)new text end for lifetime licenses, there is no fee; and

deleted text begin (8)deleted text endnew text begin (14)new text end 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 deleted text begin50 centsdeleted text end new text begin$1 new text endmay be charged at the
discretion of the authorized seller.

(b) Only one issuing fee may be collected when selling more than one 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. 21.

Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:


Subd. 3.

Remaining on land prohibited after notice.

Except as provided in
subdivision 6, a person may not remain on new text beginor return to new text endany land for outdoor recreation
purposes after being deleted text beginorally tolddeleted text end new text beginpersonally notified new text endnot to do so by the owner, occupant,
or lessee.

Sec. 22.

Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:


Subd. 4.

Entering posted land prohibited; signs.

(a) Except as provided in
subdivision 6, a person may notnew text begin:
new text end

new text begin (1)new text end enter, for outdoor recreation purposes, any land that is posted under this
subdivision without first obtaining permission of the owner, occupant, or lesseedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2) knowingly enter, for outdoor recreation purposes, any land that is posted under
this subdivision without first obtaining permission of the owner, occupant, or lessee.
new text end

new text begin A person who violates clause (2) is subject to the penalty provided in section
97A.315, subdivision 1, paragraph (b).
new text end

(b) The owner, occupant, or lessee of private land, or an authorized manager of public
land may prohibit outdoor recreation on the land by posting signs once each year that:

(1) state "no trespassing" or similar terms;

(2) display letters at least two inches high;

(3) either:

(i) are signed by the owner, occupant, lessee, or authorized manager; or

(ii) include the legible name and telephone number of the owner, occupant, lessee,
or authorized manager; and

(4) either:

(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded
area where boundary lines are not clear, at intervals of 500 feet or less; or

(ii) mark the primary corners of each parcel of land and access roads and trails at
the point of entrance to each parcel of land except that corners only accessible through
agricultural land need not be posted.

(c) A person may not erect a sign that prohibits outdoor recreation or trespassing
where the person does not have a property right, title, or interest to use the land.

Sec. 23.

Minnesota Statutes 2012, section 97B.001, subdivision 7, is amended to read:


Subd. 7.

deleted text beginUse ofdeleted text endnew text begin Dischargingnew text end firearms deleted text beginand takingdeleted text end in certain areas.

(a) A person
may not deleted text begintakedeleted text endnew text begin discharge a firearm atnew text end a wild animal deleted text beginwith a firearmdeleted text end within 500 feet of a
building occupied by a human or livestocknew text begin or within 500 feet of a stockade or corral
containing livestock
new text end without the written permission of the owner, occupant, or lessee:

(1) on another person's private land, if the land is not a licensed shooting preserve; or

(2) on a public new text beginroad new text endright-of-way.

deleted text begin (b) No person may shoot a firearm within 500 feet of a stockade or corral containing
livestock without the permission of the owner, occupant, or lessee.
deleted text end

For the purposes of this paragraph, a "stockade or corral" means a fenced enclosure
for containing livestock that does not enclose an area greater than one acre.

deleted text begin (c)deleted text endnew text begin (b)new text end A person may not take a wild animal on any land where the person is
prohibited from entering by this section.

Sec. 24.

Minnesota Statutes 2012, section 97B.0215, is amended to read:


97B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.

A parent or deleted text beginlegaldeleted text end guardian of a minor may not knowingly direct, allow, or permit
the minor to hunt without the required license, permit, training, or certification, or in
violation of the game and fish laws.

Sec. 25.

Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:


Subd. 2.

Apprentice hunter validation requirements.

new text begin(a) new text endA resident new text beginor nonresident
new text endborn after December 31, 1979, who is age 12 or over and who does not possess a hunter
education firearms safety certificate may be issued an apprentice hunter validation. An
apprentice hunter validation may be purchased two license years in a lifetime and used to
obtain hunting licenses during the same license year that the validation is purchased.

new text begin (b)new text end An individual in possession of an apprentice hunter validation may hunt small
game, deer, and bear only when accompanied by an adult deleted text beginlicensed to huntdeleted text endnew text begin who has a
valid license to hunt the same species of game
new text end in Minnesota new text beginand new text endwhose license was not
obtained using an apprentice hunter validation.

new text begin (c) When an individual in possession of an apprentice hunter validation is hunting
turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed
for another permit area or time period but must be licensed for the same season as the
apprentice hunter. If the accompanying adult is not licensed for the same permit area or
time period as the apprentice hunter, the accompanying adult may not shoot or possess a
firearm or bow while accompanying the apprentice hunter under this paragraph.
new text end

new text begin (d)new text end An apprentice hunter validation holder must obtain all required licenses and
stamps.

Sec. 26.

Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:


Subd. 2.

Restrictions related to motor vehicles.

A person may not take a wild
animal with a firearm or by archery from a motor vehicle except as permitted in this
section. Notwithstanding section 97B.091, a person may transport a bow uncased while
in deleted text beginan electric motor-powered boatdeleted text endnew text begin a motorized watercraftnew text end and may take rough fish while
in the boatnew text begin as provided in section 97C.376, subdivision 3new text end.

Sec. 27.

Minnesota Statutes 2012, section 97B.112, is amended to read:


97B.112 SPECIAL HUNTS deleted text beginFOR YOUTHdeleted text end.

The commissioner may by rule establish criteria, special seasons, and limits for
youth new text beginand adult new text endhunters to take big game and small game by firearms or archery in
designated areas or timesnew text begin as part of the agency's overall effort in hunter recruitment and
retention
new text end. The criteria may also include provisions for an unlicensed adult to assist a deleted text beginyouth
deleted text end hunter during a special season or special hunt established under this section.

Sec. 28.

Minnesota Statutes 2012, 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 Notwithstanding paragraphs (b) and (d),new text end the commissioner
maydeleted text begin, by written order published in the State Register,deleted text endnew text begin adopt rules tonew text end authorize new text beginthe new text enduse of
game fish eggs as bait new text beginin Lake Superior and its tributaries below the posted boundaries new text endand
prescribe restrictions on their use. deleted text beginThe order is exempt from the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
deleted 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: (1)
unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
invertebrates, and insects used for taking wild animals in waters of the state.

(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
be used as:

(1) fresh or frozen bait only on Lake Superior; or

(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
manner prescribed by rules adopted by the commissioner.

(d) To ensure that frozen or dead fish being brought into the state are not in violation
of paragraph (b), the following paperwork must accompany the shipment. Documents
must be open for inspection by the commissioner at any reasonable time. All documents
must be available to purchasers of these bait items. Each container or package of frozen or
dead fish must have the following information:

(1) water body source;

(2) lot number;

(3) company contact including name, phone, and address;

(4) date of packaging and labeling; and

(5) valid negative fish health certification from the source water body.

Sec. 29.

Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:


Subd. 3.

Nighttime restrictions on motors.

new text begin(a) new text endFrom sunset to sunrise, deleted text begina person
bow fishing with the assistance of a gasoline-powered motor must use a four-stroke
engine powered generator.
deleted text end the noise limits for total noise while bow fishing deleted text beginfrom sunset
to sunrise shall
deleted text endnew text begin mustnew text end not exceed a noise level of 65 decibels on the A scale measured at
a distance of 50 feet from the motorboat or equivalent noise levels at other distances as
specified by the commissioner in a pass-by test deleted text beginor 67 decibels on the A scale measured
at idle in a stationary test at least four feet above the water and at least four feet behind
the transom of the motorboat being tested
deleted text end.

new text begin (b) The noise limits under paragraph (a) shall be determined under a test procedure
approved by the commissioner under section 86B.321, subdivision 2.
new text end

new text begin (c) The noise limits in paragraph (a) do not preclude enforcement of other laws
relating to motorboat noise.
new text end

new text begin (d)new text end The noise levels under section 86B.321 apply to persons traveling to and from
bow fishing sites from sunset to sunrise.

Sec. 30. new text beginRULEMAKING; GAME FISH EGGS AS BAIT.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6262.0100, by adding a subpart to read:
new text end

new text begin "Spawn bags may be bought or sold only if the bags are made with:
new text end

new text begin A. fish eggs from a licensed aquaculture facility; or
new text end

new text begin B. fish eggs that are:
new text end

new text begin (1) legally taken from a source outside Minnesota that has been certified disease-free;
and
new text end

new text begin (2) preserved and labeled as required under a bait preservation permit. Records must
be maintained as required for bait preservation permits."
new text end

new text begin (b) The commissioner of natural resources shall amend Minnesota Rules, part
6262.0300, subpart 5, to read:
new text end

new text begin "A. Except as provided in this subpart, new text endthe taking of fish for bait purposes from all
Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of
the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows,
estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.

new text begin B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
97C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake
Superior or its tributaries below the posted boundaries may be used to make spawn bags
for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341,
paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below
the posted boundaries and may be transported to and from Lake Superior or its tributaries
below the posted boundaries."
new text end

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

Sec. 31. new text beginRULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
CRANES.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
sandhill crane.
new text end

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

Sec. 32. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace the term "duck boat" with the term "waterfowl
boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.
new text end

Sec. 33. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 97A.451, subdivision 4a, new text end new text begin is repealed.
new text end