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Minnesota Legislature

Office of the Revisor of Statutes

SF 1987

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2019 09:10am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to natural resources; providing for certain training, certification, and fees;
modifying operating restrictions for recreational vehicles; modifying provisions
on invasive species; providing for wildland firefighters; modifying game and fish
laws;amending Minnesota Statutes 2018, sections 84.775, subdivision 1; 84.86,
subdivision 1; 84.925, subdivision 1; 84.9256, subdivision 1; 84.928, subdivision
2; 84D.03, subdivisions 3, 4; 84D.108, subdivisions 2b, 2c; 88.10, by adding a
subdivision; 97A.051, subdivision 2; 97A.433, subdivisions 4, 5; 97B.015,
subdivision 6; 97B.081, subdivision 3; 97B.1055; 97C.345, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 84.775, subdivision 1, is amended to read:


Subdivision 1.

Civil citation; authority to issue.

(a) A conservation officer or other
licensed peace officer may issue a civil citation to a person who operates:

(1) an off-highway motorcycle in violation of sections 84.773, subdivision 1 or 2, clause
(1); 84.777; 84.788 to 84.795; or 84.90;

(2) an off-road vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.798 to 84.804; or 84.90; or

(3) an all-terrain vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.90; or 84.922 to 84.928.

(b) A civil citation under paragraph (a) shall require restitution for public and private
property damage and impose a penalty of:

(1) $100 for the first offense;

(2) $200 for the second offense; and

(3) $500 for third and subsequent offenses.

(c) A conservation officer or other licensed peace officer may issue a civil citation to a
person who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle in
violation of section 84.773, subdivision 2, clause (2) or (3). A civil citation under this
paragraph shall require restitution for damage to wetlands and impose a penalty of:

(1) $100 for the first offense;

(2) $500 for the second offense; and

(3) $1,000 for third and subsequent offenses.

(d) If the peace officer determines that there is damage to property requiring restitution,
the commissioner must send a written explanation of the extent of the damage and the cost
of the repair by first class mail to the address provided by the person receiving the citation
within 15 days of the date of the citation.

(e) An off-road vehicle deleted text beginor all-terrain vehicledeleted text end that is equipped with a snorkel device and
receives a civil citation under this section is subject to twice the penalty amounts in
paragraphs (b) and (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 84.86, subdivision 1, is amended to read:


Subdivision 1.

Required rules.

With a view of achieving maximum use of snowmobiles
consistent with protection of the environment the commissioner of natural resources shall
adopt rules in the manner provided by chapter 14, for the following purposes:

(1) Registration of snowmobiles and display of registration numbers.

(2) Use of snowmobiles insofar as game and fish resources are affected.

(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.

(4) Uniform signs to be used by the state, counties, and cities, which are necessary or
desirable to control, direct, or regulate the operation and use of snowmobiles.

(5) Specifications relating to snowmobile mufflers.

(6) A comprehensive snowmobile information and safety education and training program,
including but not limited to the preparation and dissemination of snowmobile information
and safety advice to the public, the training of snowmobile operators, and the issuance of
snowmobile safety certificates to snowmobile operators who successfully complete the
snowmobile safety education and training course. For the purpose of administering such
program and to defray expenses of training and certifying snowmobile operators, the
commissioner shall collect a fee from each person who receives the youth or adult training.
The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for
issuing a duplicate snowmobile safety certificate. The commissioner shall establish both
fees in a manner that neither significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the services. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The fees may be established
by the commissioner notwithstanding section 16A.1283. The fees, except for the issuing
fee for licensing agents under this subdivision, shall be deposited in the snowmobile trails
and enforcement account in the natural resources fund and the amount thereof, except for
the electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for the
administration of such programs. In addition to the fee established by the commissioner,
instructors may charge each person new text beginany fee paid by the instructor for the person's online
training course and
new text endup to the established fee amount for class materials and expenses. The
commissioner shall cooperate with private organizations and associations, private and public
corporations, and local governmental units in furtherance of the program established under
this clause. School districts may cooperate with the commissioner and volunteer instructors
to provide space for the classroom portion of the training. The commissioner shall consult
with the commissioner of public safety in regard to training program subject matter and
performance testing that leads to the certification of snowmobile operators.

(7) The operator of any snowmobile involved in an accident resulting in injury requiring
medical attention or hospitalization to or death of any person or total damage to an extent
of $500 or more, shall forward a written report of the accident to the commissioner on such
form as the commissioner shall prescribe. If the operator is killed or is unable to file a report
due to incapacitation, any peace officer investigating the accident shall file the accident
report within ten business days.

Sec. 3.

Minnesota Statutes 2018, section 84.925, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginProgramdeleted text endnew text begin Training and certification programsnew text end established.

(a) The
commissioner shall establishnew text begin:
new text end

new text begin (1)new text end a comprehensive all-terrain vehicle environmental and safety education and training
new text begin certification new text endprogram, including the preparation and dissemination of vehicle information
and safety advice to the public, the training of all-terrain vehicle operators, and the issuance
of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and training
coursedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) a voluntary all-terrain vehicle online training program for youth and a parent or
guardian, offered at no charge for operators at least six years of age but younger than ten
years of age.
new text end

new text begin (b)new text end A parent or guardian must be present at deleted text beginthe hands-ondeleted text endnew text begin anew text end training deleted text beginportion of thedeleted text end program
deleted text begin fordeleted text endnew text begin when thenew text end youth deleted text beginwho are six throughdeleted text endnew text begin is undernew text end ten years of age.

deleted text begin (b)deleted text endnew text begin (c)new text end For the purpose of administering the program and to defray the expenses of
training and certifying vehicle operators, the commissioner shall collect a fee from each
person who receives the trainingnew text begin for certification under paragraph (a), clause (1)new text end. The
commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate all-terrain vehicle safety certificate. The commissioner shall establish both fees
in a manner that neither significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the services. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The fees may be established
by the commissioner notwithstanding section 16A.1283. Fee proceeds, except for the issuing
fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle
account in the natural resources fund and the amount thereof, except for the electronic
licensing system commission established by the commissioner under section 84.027,
subdivision 15
, and issuing fees collected by the commissioner, is appropriated annually to
the Enforcement Division of the Department of Natural Resources for the administration
of the programs. In addition to the fee established by the commissioner, instructors may
charge each person up to the established fee amount for class materials and expenses.

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the deleted text beginprogramdeleted text endnew text begin
programs
new text end established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to deleted text begintraining programdeleted text endnew text begin thenew text end subject matter new text beginof the training programs new text endand performance testing that
leads to the certification of vehicle operators. The commissioner shall incorporate a riding
component in the deleted text beginsafety education anddeleted text end training deleted text beginprogram.deleted text endnew text begin certification programs established
under this section and may incorporate a riding component in the training program established
in paragraph (a), clause (2).
new text end

Sec. 4.

Minnesota Statutes 2018, section 84.9256, subdivision 1, is amended to read:


Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on public
road rights-of-way that is permitted under section 84.928 and as provided under paragraph
(j), a driver's license issued by the state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of age
but less than 16 years may make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands and waters or state or
grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate
issued by the commissioner and is accompanied by a person 18 years of age or older who
holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old,
but less than 16 years old, must:

(1) successfully complete the safety education and training program under section 84.925,
subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs while
sitting upright on the seat of the all-terrain vehicle.

(e) A person at least deleted text beginsixdeleted text endnew text begin tennew text end years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an all-terrain
vehicle with an engine capacity up to 110cc if the vehicle is a class 1 all-terrain vehicle with
straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with
side-by-side-style seating on public lands or waters if accompanied by a parent or legal
guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands
or waters or on state or grant-in-aid trails if the person cannot properly reach and control:

(1) the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle with straddle-style seating; or

(2) the steering wheel and foot controls of a class 1 all-terrain vehicle with
side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16
years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or
state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain safety
course offered by the ATV Safety Institute or another state as provided in section 84.925,
subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who holds
a valid driver's license.

(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
under section 84.928 if the person:

(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
and

(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

Sec. 5.

Minnesota Statutes 2018, section 84.928, subdivision 2, is amended to read:


Subd. 2.

Operation generally.

A person may not drive or operate an all-terrain vehicle:

(1) at a rate of speed greater than reasonable or proper under the surrounding
circumstances;

(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or
damage to the person or property of another;

(3) without headlight and taillight lighted at all times if the vehicle is equipped with
headlight and taillight;

(4) without a functioning stoplight if so equipped;

(5) in a tree nursery or planting in a manner that damages or destroys growing stock;

(6) without a brake operational by either hand or foot;

(7) with more than one person on the vehicle, except as allowed under section 84.9257;

(8) at a speed exceeding ten miles per hour on the frozen surface of public waters within
100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing shelter;new text begin or
new text end

deleted text begin (9) with a snorkel device that has a raised air intake six inches or more above the vehicle
manufacturer's original air intake, except within the Iron Range Off-Highway Vehicle
Recreation Area as described in section 85.013, subdivision 12a, or other public off-highway
vehicle recreation areas; or
deleted text end

deleted text begin (10)deleted text endnew text begin (9)new text end in a manner that violates operation rules adopted by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2018, section 84D.03, subdivision 3, is amended to read:


Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited except as provided in paragraph (b)
or (c) and section 97C.341.

(b) In waters that are listed as infested waters, except those listed as infested with
prohibited invasive species of fish or certifiable diseases of fish, as defined under section
17.4982, subdivision 6, taking wild animals may be permitted for:

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

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

(c) In streams or rivers that are listed as infested waters, except those listed as infested
with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest
of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
hook and line for noncommercial personal use is allowed as follows:

(1) fish taken under this paragraph must be used on the same body of water where caught
and while still on that water body. Where the river or stream is divided by barriers such as
dams, the fish must be caught and used on the same section of the river or stream;

(2) fish taken under this paragraph may not be transported live from or off the water
body;

(3) fish harvested under this paragraph may only be used in accordance with this section;

(4) any other use of wild animals used for bait from infested waters is prohibited;

(5) fish taken under this paragraph must meet all other size restrictions and requirements
as established in rules; and

(6) all species listed under this paragraph shall be included in the person's daily limit as
established in rules, if applicable.

(d) Equipment authorized for minnow harvest in a listed infested water by permit issued
under paragraph (b) may not be transported to, or used in, any waters other than waters
specified in the permit.

(e) Bait intended for sale may not be held in infested water after taking and before sale
unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.

new text begin (f) In the Minnesota River downstream of Granite Falls, the Mississippi River downstream
of St. Anthony Falls, and the St. Croix River downstream of the dam at Taylors Falls,
including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules,
part 6266.0500, subpart 1, items A and B, harvesting gizzard shad by cast net for
noncommercial personal use as bait for angling, as provided in a permit issued under section
84D.11, is allowed as follows:
new text end

new text begin (1) nontarget species must immediately be returned to the water;
new text end

new text begin (2) gizzard shad taken under this paragraph must be used on the same body of water
where caught and while still on that water body. Where the river is divided by barriers such
as dams, the gizzard shad must be caught and used on the same section of the river;
new text end

new text begin (3) gizzard shad taken under this paragraph may not be transported off the water body;
and
new text end

new text begin (4) gizzard shad harvested under this paragraph may only be used in accordance with
this section.
new text end

Sec. 7.

Minnesota Statutes 2018, section 84D.03, subdivision 4, is amended to read:


Subd. 4.

Restrictions in infested and noninfested waters; commercial fishing and
turtle, frog, and crayfish harvesting.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
is listed because it contains invasive fish, invertebrates, new text beginaquatic plants or aquatic macrophytes
other than Eurasian watermilfoil,
new text endor certifiable diseases, as defined in section 17.4982, must
be tagged with tags provided by the commissioner, as specified in the commercial licensee's
license or permit. Tagged gear must not be used in water bodies other than those specified
in the license or permit. The new text beginlicense or new text endpermit may authorize department staff to remove
tags deleted text beginafter thedeleted text endnew text begin fromnew text end gear deleted text beginisdeleted text endnew text begin that has beennew text end decontaminatednew text begin according to a protocol specified
by the commissioner if use of the decontaminated gear in other water bodies does not pose
an unreasonable risk of harm to natural resources or the use of natural resources in the state
new text end.
This tagging requirement does not apply to commercial fishing equipment used in Lake
Superior.

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
frog, or crayfish harvesting in an infested water that is listed solely because it contains
Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
of two days before they are used in any other waters, except as provided in this paragraph.
Commercial licensees must notify the department's regional or area fisheries office or a
conservation officer before removing nets or equipment from an infested water listed solely
because it contains Eurasian watermilfoil and before resetting those nets or equipment in
any other waters. Upon notification, the commissioner may authorize a commercial licensee
to move nets or equipment to another water without freezing or drying, if that water is listed
as infested solely because it contains Eurasian watermilfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment before placing the equipment into waters of the state.

(d) The commissioner shall provide a commercial licensee with a current listing of listed
infested waters at the time that a license or permit is issued.

Sec. 8.

Minnesota Statutes 2018, section 84D.108, subdivision 2b, is amended to read:


Subd. 2b.

Gull Lake pilot study.

(a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for deleted text beginthe
Gull Narrows State Water Access Site, Government Point State Water Access Site, and
Gull East State Water Access Site
deleted text endnew text begin water access sitesnew text end on Gull Lake (DNR Division of Waters
number 11-0305) in Cass and Crow Wing Counties using the same authorities, general
procedures, and requirements provided for the Lake Minnetonka pilot project in subdivision
2a. Lake service providers participating in the Gull Lake targeted pilot study place of business
must be located in Cass or Crow Wing County.

(b) If an additional targeted pilot project for Gull Lake is implemented under this section,
the report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over natural resources required under Laws
2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study
recommendations and assessments.

(c) This subdivision expires December 1, 2019.

Sec. 9.

Minnesota Statutes 2018, section 84D.108, subdivision 2c, is amended to read:


Subd. 2c.

Cross Lake pilot study.

(a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for deleted text beginthe
Cross Lake #1 State Water Access Site
deleted text endnew text begin water access sitesnew text end on Cross Lake (DNR Division of
Waters number 18-0312) in Crow Wing County using the same authorities, general
procedures, and requirements provided for the Lake Minnetonka pilot project in subdivision
2a. The place of business of lake service providers participating in the Cross Lake targeted
pilot study must be located in Cass or Crow Wing County.

(b) If an additional targeted pilot project for Cross Lake is implemented under this
section, the report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over natural resources required under Laws
2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot
study recommendations and assessments.

(c) This subdivision expires December 1, 2019.

Sec. 10.

Minnesota Statutes 2018, section 88.10, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Wildland firefighters; training and licensing. new text end

new text begin Forest officers and all
individuals employed as firefighters under this chapter are not subject to the licensing,
training, and certification requirements of chapter 299N.
new text end

Sec. 11.

Minnesota Statutes 2018, 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 hunting and fishing laws and rules and deliver a sufficient supply to license
vendors deleted text beginto furnish one copy to each person obtaining a hunting, fishing, or trapping licensedeleted 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 summarynew text begin,new text end 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 2018, section 97A.433, subdivision 4, is amended to read:


Subd. 4.

Discretionary separate selection; eligibility.

(a) The commissioner may
conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area.
Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in
the area, and their family members, are eligible for the separate selection. Persons that are
unsuccessful in a separate selection must be included in the selection for the remaining
licenses. Persons who obtain an elk license in a separate selection deleted text beginmust allow public elk
hunting on their land during the elk season for which the license is valid.
deleted text endnew text begin may sell their
license to any Minnesota resident eligible to hunt big game for no more than the original
cost of the license.
new text end

(b) The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.

Sec. 13.

Minnesota Statutes 2018, section 97A.433, subdivision 5, is amended to read:


Subd. 5.

Mandatory separate selection.

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

Sec. 14.

Minnesota Statutes 2018, section 97B.015, subdivision 6, is amended to read:


Subd. 6.

Provisional certificate for persons with new text beginpermanent physical or
new text end developmental disability.

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

Sec. 15.

Minnesota Statutes 2018, section 97B.081, subdivision 3, is amended to read:


Subd. 3.

Exceptions.

(a) It is not a violation of this section for a person to:

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial
light, provided that the person is:

(i) on foot;

(ii) using a shotgun;

(iii) not within a public road right-of-way;

(iv) using a handheld or electronic calling device; and

(v) not within 200 feet of a motor vehicle; or

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:

(i) on foot; and

(ii) not in possession of a firearm or bow.

(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:

(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or
occupation-related activities that do not involve taking wild animals; or

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.

(c) Except as otherwise provided by the game and fish laws, it is not a violation of this
section for a person to use an electronic range finder device from one-half hour before
sunrise until one-half hour after sunset while lawfully hunting wild animals.

(d) It is not a violation of this section for a licensed bear hunter to cast the rays of a
handheld artificial light to track or retrieve a wounded or dead bear while possessing a
firearm, provided that the person:

(1) has the person's valid bear-hunting license in possession;

(2) is on foot; and

(3) is following the blood trail of a bear that was shot during legal shooting hours.

new text begin (e) For purposes of this subdivision, "handheld light" means an artificial light that is
carried in the hand or attached to the person.
new text end

Sec. 16.

Minnesota Statutes 2018, section 97B.1055, is amended to read:


97B.1055 HUNTING BY PERSONS WITH new text beginA PERMANENT PHYSICAL OR
new text end DEVELOPMENTAL DISABILITY.

Subdivision 1.

Definitions.

For purposes of this section and section 97B.015, subdivision
6
deleted text begin,deleted text endnew text begin:
new text end

new text begin (1)new text end "deleted text beginperson withdeleted text end developmental disability" means a deleted text beginperson who has been diagnosed asdeleted text endnew text begin
diagnosis of
new text end having substantial limitations in present functioning, manifested as significantly
subaverage intellectual functioning, existing concurrently with demonstrated deficits in
adaptive behavior, deleted text beginand who manifestsdeleted text endnew text begin whennew text end these conditions new text beginmanifest new text endbefore the person's
22nd birthdaydeleted text begin. A person with a related condition means a person who meets the diagnostic
definition under section 252.27, subdivision 1a.
deleted text endnew text begin; and
new text end

new text begin (2) "permanent physical disability" means a physical disability that prevents a person
from being able to navigate natural terrain or hold a firearm for a required field component
for the firearms safety training program under section 97B.020.
new text end

Subd. 2.

Obtaining license.

(a) Notwithstanding section 97B.020, a person with new text begina
permanent physical disability or
new text enddevelopmental disability may obtain a firearms hunting
license with a provisional firearms safety certificate issued under section 97B.015,
subdivision 6
.

(b) Any person accompanying or assisting a person with new text begina permanent physical disability
or
new text enddevelopmental disability under this section must possess a valid firearms safety certificate
issued by the commissioner.

Subd. 3.

Assistance required.

A person who obtains a firearms hunting license under
subdivision 2 must be accompanied and assisted by a parent, guardian, or other adult person
designated by a parent or guardian when hunting. A person who is not hunting but is solely
accompanying and assisting a person with new text begina permanent physical disability or new text enddevelopmental
disability need not obtain a hunting license.

Subd. 4.

Prohibited activities.

(a) This section does not entitle a person to possess a
firearm if the person is otherwise prohibited from possessing a firearm under state or federal
law or a court order.

(b) No person shall knowingly authorize or permit a persondeleted text begin,deleted text end who by reason of new text begina permanent
physical disability or
new text enddevelopmental disability is incapable of safely possessing a firearmdeleted text begin,deleted text end
to possess a firearm to hunt in the state or on any boundary water of the state.

Sec. 17.

Minnesota Statutes 2018, section 97C.345, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Cast nets for gizzard shad. new text end

new text begin (a) Cast nets may be used only to take gizzard
shad for use as bait for angling from July 1 to November 30 as allowed under section 84D.03,
subdivision 3.
new text end

new text begin (b) Cast nets used under this subdivision must be monofilament and may not exceed
five feet in radius. Mesh size must be from three-eighths- to five-eighths-inch bar measure.
A person may use up to two cast nets at one time.
new text end