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HF 2844

4th Engrossment - 89th Legislature (2015 - 2016) Posted on 05/17/2016 08:44am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/10/2016
1st Engrossment Posted on 04/01/2016
2nd Engrossment Posted on 04/11/2016
3rd Engrossment Posted on 05/09/2016
4th Engrossment Posted on 05/17/2016

Current Version - 4th Engrossment

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A bill for an act
relating to natural resources; modifying off-road vehicle provisions; providing for
David Dill memorial trail; modifying disposition of certain receipts; modifying
report requirements; modifying game and fish penalty and enforcement
provisions; modifying fees and requirements to take game and fish; modifying
commissioner's duties; providing for elk management; requiring rulemaking;
providing criminal penalties; appropriating money; amending Minnesota
Statutes 2014, sections 3.7371, by adding a subdivision; 84.798, subdivision 2;
84.8035; 85.015, subdivision 13; 97A.045, subdivision 7; 97A.055, subdivision
4; 97A.075, subdivision 1; 97A.201, subdivision 2, by adding a subdivision;
97A.301, subdivision 1; 97A.338; 97A.405, subdivision 2; 97A.420, subdivision
1; 97A.421, subdivision 2a; 97A.451, subdivision 6; 97A.473, subdivisions 3, 5,
5a; 97A.474, subdivision 3; 97A.475, subdivisions 2, 3; 97B.035, subdivision
1; 97B.071; 97B.086; 97B.305; 97B.516; 97B.731, subdivision 3; 97B.811,
subdivision 4a; 97C.401, subdivision 2; Minnesota Statutes 2015 Supplement,
sections 97B.041; 97B.063; proposing coding for new law in Minnesota Statutes,
chapters 97B; 97C; repealing Minnesota Statutes 2014, section 97A.075,
subdivision 5.

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

Section 1.

Minnesota Statutes 2014, section 3.7371, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin The commissioner must submit a report to the chairs of the house
of representatives and senate committees and divisions with jurisdiction over agriculture
and environment and natural resources by December 15 each year that details the total
amount of damages paid, by elk herd, in the previous two fiscal years.
new text end

Sec. 2.

Minnesota Statutes 2014, section 84.798, subdivision 2, is amended to read:


Subd. 2.

Exemptions.

Registration is not required for an off-road vehicle that is:

(1) owned and used by the United States, an Indian tribal government, the state,
another state, or a political subdivision; deleted text beginor
deleted text end

(2) registered in another state or country and has not been in this state for more than
30 consecutive daysnew text begin; or
new text end

new text begin (3) operated with a valid state trail pass according to section 84.8035new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2017, or when the
electronic licensing system has been upgraded, whichever is sooner.
new text end

Sec. 3.

Minnesota Statutes 2014, section 84.8035, is amended to read:


84.8035 deleted text beginNONRESIDENTdeleted text end OFF-ROAD VEHICLE STATE TRAIL PASS.

Subdivision 1.

Pass required; fee.

(a) new text beginExcept as provided under paragraph (c), new text enda
deleted text beginnonresidentdeleted text endnew text begin personnew text end may not operate an off-road vehicle on a state or grant-in-aid off-road
vehicle trail new text beginor use area new text endunless the vehicle displays deleted text begina nonresidentdeleted text endnew text begin annew text end off-road vehicle state
trail pass sticker issued according to this section. The pass must be viewable by a peace
officer, a conservation officer, or an employee designated under section 84.0835.

(b) deleted text beginThe fee for an annual pass is $20. The pass is valid from January 1 through
December 31. The fee for a three-year pass is $30.
deleted text end The commissioner of natural resources
shall issue a pass upon application and payment of the fee. Fees collected under this
section, except for the issuing fee for licensing agents, shall be deposited in the state
treasury and credited to the off-road vehicle account in the natural resources fund and,
except for the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, must be used for grants-in-aid to counties and
municipalities for off-road vehicle organizations to construct and maintain off-road
vehicle trails and use areas.

(c) deleted text beginA nonresidentdeleted text endnew text begin Annew text end off-road vehicle state trail pass is not required for:

(1) an off-road vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.798,
subdivision 2;

(2) a person operating an off-road vehicle only on the portion of a trail that is owned
by the person or the person's spouse, child, or parent; or

(3) a deleted text beginnonresidentdeleted text endnew text begin personnew text end operating an off-road vehicle that is registered according
to section 84.798.

new text begin (d) The fee for an annual nonresident off-road vehicle state trail pass is $20. The
nonresident pass is valid from January 1 through December 31. The fee for a nonresident
three-year pass is $30.
new text end

new text begin (e) The fee for a resident off-road vehicle state trail pass is $20. The resident pass is
valid for 30 consecutive days after the date of issuance.
new text end

Subd. 2.

License agents.

The commissioner may appoint agents to issue and
sell deleted text beginnonresidentdeleted text end off-road vehicle state trail passes. The commissioner may revoke the
appointment of an agent at any time. The commissioner may adopt additional rules as
provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
by the commissioner for accounting and handling of passes pursuant to section 97A.485,
subdivision 11
. An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.

Subd. 3.

Issuance of passes.

The commissioner and agents shall issue and sell
deleted text beginnonresidentdeleted text end off-road vehicle state trail passes. The commissioner shall also make the
passes available through the electronic licensing system established under section 84.027,
subdivision 15.

Subd. 4.

Agent's fee.

In addition to the fee for a pass, an issuing fee of $1 per pass
shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
passes issued by the commissioner shall be deposited in the off-road vehicle account in the
natural resources fund and retained for the operation of the electronic licensing system.

Subd. 5.

Duplicate passes.

The commissioner and agents shall issue a duplicate
pass to persons whose pass is lost or destroyed using the process established under section
97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate deleted text beginnonresidentdeleted text end
off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2017, or when the
electronic licensing system has been upgraded, whichever is sooner.
new text end

Sec. 4.

Minnesota Statutes 2014, section 85.015, subdivision 13, is amended to read:


Subd. 13.

Arrowhead Region Trails, Cook, Lake, St. Louis, Pine, Carlton,
Koochiching, and Itasca Counties.

(a)(1) The Taconite Trail shall originate at Ely in St.
Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to
McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in
Itasca County and there terminate;

(2) the C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand
Marais in Cook County, thence northeasterly to the international boundary in the vicinity
of the north shore of Lake Superior, and there terminate;

(3) deleted text beginThe Grand Marais to International Falls Trail shall originate in Grand Marais
in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area,
to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to
Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St.
Louis County to International Falls in Koochiching County, and there terminate
deleted text endnew text begin the David
Dill/Arrowhead Trail shall originate at International Falls in Koochiching County and
extend southeasterly through the Pelican Lake area in St. Louis County, intersecting with
the Taconite Trail west of Tower; then the David Dill/Taconite Trail continues easterly
to Ely in St. Louis County; then the David Dill/Tomahawk Trail extends southeasterly,
outside the Boundary Waters Canoe Area, to the area of Little Marais in Lake County and
there terminates at the intersection with the C. J. Ramstad/Northshore Trail
new text end;new text begin and
new text end

(4) the Matthew Lourey Trail shall originate in Duluth in St. Louis County and
extend southerly to Chengwatana State Forest in Pine County.

(b) The trails shall be developed primarily for riding and hiking.

(c) In addition to the authority granted in subdivision 1, lands and interests in lands
for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring
any land or interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The governor shall consult with the Legislative
Advisory Commission before granting approval. Recommendations of the Legislative
Advisory Commission shall be advisory only. Failure or refusal of the commission to
make a recommendation shall be deemed a negative recommendation.

Sec. 5.

Minnesota Statutes 2014, section 97A.045, subdivision 7, is amended to read:


Subd. 7.

Duty to encourage stamp design and purchases.

(a) The commissioner
shall encourage the purchase of:

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

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

(3) trout and salmon stamps by persons interested in trout and salmon stream and
lake improvement;new text begin and
new text end

deleted text begin (4) turkey stamps by persons interested in stamp collecting; and
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end walleye stamps by persons interested in walleye stocking and stamp collecting.

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

Sec. 6.

Minnesota Statutes 2014, section 97A.055, subdivision 4, is amended to read:


Subd. 4.

Game and fish annual reports.

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

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

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

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

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

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

deleted text begin (v) the wild turkey management account under section 97A.075, subdivision 5;
deleted text end

deleted text begin (vi)deleted text endnew text begin (v)new text end the deer license donations and surcharges under section 97A.475,
subdivisions 3
, paragraph (b), and 3a; and

deleted text begin (vii)deleted text endnew text begin (vi)new text end the walleye stamp under section 97A.475, subdivision 10a;

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

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

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

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

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

Sec. 7.

Minnesota Statutes 2014, section 97A.075, subdivision 1, is amended to read:


Subdivision 1.

Deer, bear, and lifetime licenses.

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

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

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

(d) Fifty cents from each deer license is credited to the emergency deer feeding and
wild cervidae health management account and is appropriated for emergency deer feeding
and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended.

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

deleted text begin (e) Fifty cents from each annual deer license and 50 cents annually from the lifetime
fish and wildlife trust fund established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring
account under subdivision 7.
deleted text end

Sec. 8.

Minnesota Statutes 2014, section 97A.201, subdivision 2, is amended to read:


Subd. 2.

Duty of deleted text begincounty attorneys anddeleted text end peace officers.

deleted text beginCounty attorneys anddeleted text end All
peace officers must enforce the game and fish laws.

Sec. 9.

Minnesota Statutes 2014, section 97A.201, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Prosecuting authority. new text end

new text begin (a) County attorneys are the primary prosecuting
authority for violations under section 97A.205, clause (5).
new text end

new text begin (b) Prosecution under paragraph (a) includes associated civil forfeiture actions
provided by law.
new text end

Sec. 10.

Minnesota Statutes 2014, section 97A.301, subdivision 1, is amended to read:


Subdivision 1.

Misdemeanor.

Unless a different penalty is prescribed, a person
is guilty of a misdemeanor if that person:

(1) takes, buys, sells, transports or possesses a wild animal in violation of the game
and fish laws;

(2) aids or assists in committing the violation;

(3) knowingly shares in the proceeds of the violation;

(4) fails to perform a duty or comply with a requirement of the game and fish laws;

(5) knowingly makes a false statement related to an affidavit regarding a violation new text beginor
requirement
new text endof the game and fish laws; or

(6) violates or attempts to violate a rule under the game and fish laws.

Sec. 11.

Minnesota Statutes 2014, section 97A.338, is amended to read:


97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.

new text begin (a) new text endA person who takes, possesses, or transports wild animals over the legal limit, in
closed season, or without a valid license, when the restitution value of the wild animals
is over $1,000 is guilty of a gross overlimit violation. A violation under this section
is a gross misdemeanor.

new text begin (b) If a wild animal involved in the violation under this section is listed as a threatened
or endangered wild animal, the penalty in paragraph (a) does not apply unless more than
one animal is taken, possessed, or transported in violation of the game and fish laws.
new text end

Sec. 12.

Minnesota Statutes 2014, section 97A.405, subdivision 2, is amended to read:


Subd. 2.

Personal possession.

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

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

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

(d) A license issued electronically and not immediately provided to the licensee shall
be mailed to the licensee within 30 days of purchase of the license. A pictorial migratory
waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to the licensee
after purchase of a stamp validation only if the licensee pays an additional fee that covers
the costs of producing and mailing a pictorial stamp. deleted text beginA pictorial turkey stamp may be
purchased for a fee that covers the costs of producing and mailing the pictorial stamp.
deleted text end
Notwithstanding section 16A.1283, the commissioner may, by written order published in
the State Register, establish fees for providing the pictorial stamps. The fees must be set in
an amount that does not recover significantly more or less than the cost of producing and
mailing the stamps. The fees are not subject to the rulemaking provisions of chapter 14,
and section 14.386 does not apply.

Sec. 13.

Minnesota Statutes 2014, 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 use or obtain any license to take the same type of wild
animals involved, including a duplicate license, until an action is taken under subdivision
6. 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.

(b) In addition to the license seizure under paragraph (a), if the restitution value of
the wild animals unlawfully taken, possessed, or transported is deleted text begin$5,000deleted text endnew text begin $1,000new text end 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 2014, section 97A.421, subdivision 2a, is amended to read:


Subd. 2a.

License revocation after conviction.

(a) new text beginA person may not obtain a
license to take a wild animal and is prohibited from taking wild animals for a period
of ten years after the date of conviction of a violation when the restitution value of the
wild animals is $2,000 or more.
new text end

new text begin (b) new text endA person may not obtain a license to take a wild animal and is prohibited from
taking wild animals for a period of five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is deleted text begin$5,000deleted text endnew text begin $1,000new text end or
morenew text begin, but less than $2,000new text end; or

(2) a violation when the restitution value of the wild animals exceeds $500 and
the violation occurs within ten years of one or more previous license revocations under
this deleted text beginsubdivisiondeleted text endnew text begin paragraphnew text end.

deleted text begin (b)deleted text endnew text begin (c)new text end A person may not obtain a license to take the type of wild animals involved in
a violation when the restitution value of the wild animals exceeds $500 and is prohibited
from taking the type of wild animals involved in the violation for a period of three years
after the date of conviction of a violation.

deleted text begin (c)deleted text endnew text begin (d)new text end The time period of multiple revocations under paragraph (a),new text begin or (b),new text end clause (2),
shall be consecutive and no wild animals of any kind may be taken during the entire period.

new text begin (e) If a wild animal involved in the conviction is listed as a threatened or endangered
wild animal, the revocations specified under this subdivision do not apply unless more
than one animal is taken, possessed, or transported in violation of the game and fish laws.
new text end

deleted text begin (d)deleted text endnew text begin (f)new text end The court may not stay or reduce the imposition of license revocation
provisions under this subdivision.

Sec. 15.

Minnesota Statutes 2014, section 97A.451, subdivision 6, is amended to read:


Subd. 6.

Nonresidents under age 16 attending camps; fishing.

A nonresident
under the age of 16 that is attending a camp conducted by a nonprofit organization may
take fish by angling in adjacent and connected public waters without a license. deleted text beginThe
organization must have a certificate from the commissioner that describes the public
waters where the fishing is allowed.
deleted text end The nonresident must possess a deleted text begindocument, prescribed
by the commissioner, for identification of the nonresident and the authorized fishing
waters. The
deleted text endnew text begin writtennew text end document deleted text beginmust bedeleted text endnew text begin that authorizes angling and that isnew text end signed and dated
within the current calendar year by the person in charge of the camp.

Sec. 16.

Minnesota Statutes 2014, section 97A.473, subdivision 3, is amended to read:


Subd. 3.

Lifetime small game hunting license; fee.

(a) A resident lifetime small
game hunting license authorizes a person to hunt and trap small game, other than wolves,
in the state. The license authorizes those hunting and trapping activities authorized by
the annual resident small game hunting license and the trapping license for fur-bearing
animals other than wolves. The license does not include deleted text begina turkey stamp validation ordeleted text end
any deleted text beginotherdeleted text end hunting stamps required by law.

(b) The fees for a resident lifetime small game hunting license are:

(1) age 3 and under, $223;

(2) age 4 to age 15, $301;

(3) age 16 to age 50, $430; and

(4) age 51 and over, $274.

Sec. 17.

Minnesota Statutes 2014, section 97A.473, subdivision 5, is amended to read:


Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small game, other than
wolves, in the state. The license authorizes those activities authorized by the annual
resident angling and resident small game hunting licenses and the resident trapping license
for fur-bearing animals other than wolves. The license does not include a trout and salmon
stamp validation, deleted text begina turkey stamp validation,deleted text end a walleye stamp validation, or any other
hunting stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, $485;

(2) age 4 to age 15, $659;

(3) age 16 to age 50, $861; and

(4) age 51 and over, $560.

Sec. 18.

Minnesota Statutes 2014, section 97A.473, subdivision 5a, is amended to read:


Subd. 5a.

Lifetime sporting with spearing option license; fee.

(a) A resident
lifetime sporting with spearing option license authorizes a person to take fish by angling
or spearing and hunt and trap small game, other than wolves, in the state. The license
authorizes those activities authorized by the annual resident angling, spearing, and resident
small game hunting licenses and the resident trapping license for fur-bearing animals other
than wolves. The license does not include a trout and salmon stamp validation, deleted text begina turkey
stamp validation,
deleted text end a walleye stamp validation, or any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting with spearing option license are:

(1) age 3 and under, $562;

(2) age 4 to age 15, $765;

(3) age 16 to age 50, $961; and

(4) age 51 and over, $612.

Sec. 19.

Minnesota Statutes 2014, section 97A.474, subdivision 3, is amended to read:


Subd. 3.

Nonresident lifetime small game hunting license; fee.

(a) A nonresident
lifetime small game hunting license authorizes a person to hunt small game in the state.
The license authorizes those hunting activities authorized by the annual nonresident small
game hunting license. The license does not include deleted text begina turkey stamp validation ordeleted text end any deleted text beginotherdeleted text end
hunting stamps required by law.

(b) The fees for a nonresident lifetime small game hunting license are:

(1) age 3 and under, $947;

(2) age 4 to age 15, $1,280;

(3) age 16 to age 50, $1,633; and

(4) age 51 and over, $1,083.

Sec. 20.

Minnesota Statutes 2014, 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, deleted text begin$26deleted text endnew text begin $21new text end;

(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) for persons age 18 or over 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 10, 11, or 12 to take bear, no fee;

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

(18) 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;

(19) for persons age 16 or over and under age 18 to take small game, $5;

(20) to take wolf, $30;

(21) for persons age 12 and under to take turkey, no fee;

(22) for persons age 10, 11, or 12 to take deer by firearm, no fee;

(23) for persons age 10, 11, or 12 to take deer by archery, no fee; and

(24) for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.

Sec. 21.

Minnesota Statutes 2014, 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) for persons age 18 or over to take bear, $225;

(6) for persons age 18 or over to take turkey, deleted text begin$91deleted text endnew text begin $86new text end;

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

(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, $5;

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

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

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

(14) 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;

(15) for persons age 16 or 17 to take small game, $5;

(16) to take wolf, $250;

(17) for persons age 12 and under to take turkey, no fee;

(18) for persons age ten, 11, or 12 to take deer by firearm, no fee;

(19) for persons age ten, 11, or 12 to take deer by archery, no fee;

(20) for persons age ten, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee; and

(21) for persons age 10, 11, or 12 to take bear, no fee.

(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. 22.

new text begin [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED.
new text end

new text begin The commissioner of natural resources shall not adopt rules further restricting the
use of lead shot.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to rules adopted on or after that date.
new text end

Sec. 23.

Minnesota Statutes 2014, section 97B.035, subdivision 1, is amended to read:


Subdivision 1.

Hunting with bows released by mechanical devices.

(a) A person
may not hunt with a bow drawn, held, or released by a mechanical device, exceptnew text begin:
new text end

new text begin (1)new text end with a disabled hunter permit issued under section 97B.106new text begin;
new text end

new text begin (2) as provided in section 97B.037 for persons age 60 or over;new text end or

new text begin (3)new text end as provided in paragraph (b).

(b) A person may use a mechanical device attached to the bowstring if the person's
own strength draws, holds, and releases the bowstring.

Sec. 24.

Minnesota Statutes 2015 Supplement, section 97B.041, is amended to read:


97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
IN DEER ZONES.

(a) A person may not possess a firearm or ammunition outdoors during the period
beginning the fifth day before the open firearms season and ending the second day after
the close of the season within an area where deer may be taken by a firearm, except:

(1) during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area may be used to take big game
in that area if the person has a valid big game license in possession;

(2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;

(3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
or steel shot;

(4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
including .22 magnum caliber cartridges;

(5) handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and

(6) on a target range operated under a permit from the commissioner.

(b) This section does not apply during an open firearms season in an area where deer
may be taken only by muzzleloader, except that muzzle-loading firearms lawful for the
taking of deer may be possessed only by persons with a valid license to take deer by
muzzleloader during the muzzleloader season. While muzzleloader hunting, a person with
a valid license to take deer by muzzleloader may not possess a firearm other than:

(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision
1
; and

(2) a firearm as described in paragraph (a), clauses (2) to (5).

(c) A first violation of paragraph (a) is punishable by a warningnew text begin if the person is
shooting at an object that has been placed for the sole purpose of target shooting
new text end.

Sec. 25.

Minnesota Statutes 2015 Supplement, section 97B.063, is amended to read:


97B.063 new text beginDEER new text endHUNTER SATISFACTION SURVEY.

The commissioner shall annually administer the collection of new text begindeer new text endhunter
information related to participation and satisfaction. This may include information on
preferences, values, interests, participation rates and patterns, barriers to participation, or
other factors. The data shall be collected using established social science methods. The
commissioner shall annually submit a summary of the information gathered under this
section to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over environment and natural resources
no later than January 1 for the preceding fiscal year. The commissioner shall also make the
summary information available on the department's Web site. new text beginThe commissioner must use
existing resources from the game and fish fund to satisfy the requirements of this section.
new text end

Sec. 26.

Minnesota Statutes 2014, section 97B.071, is amended to read:


97B.071 deleted text beginBLAZE ORANGEdeleted text endnew text begin CLOTHINGnew text end REQUIREMENTSnew text begin; BLAZE
ORANGE OR BLAZE PINK
new text end.

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

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

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

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

Sec. 27.

Minnesota Statutes 2014, section 97B.086, is amended to read:


97B.086 POSSESSION OF NIGHT VISION OR THERMAL IMAGING
EQUIPMENT.

(a) A person may not possess night vision or thermal imaging equipment while
taking wild animals or while having in possession, either individually or as one of a group
of persons, a firearm, bow, or other implement that could be used to take wild animals.

(b) This section does not apply to a firearm that is:

(1) unloaded;

(2) in a gun case expressly made to contain a firearm that fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and

(3) in the closed trunk of a motor vehicle.

(c) This section does not apply to a bow that is:

(1) completely encased or unstrung; and

(2) in the closed trunk of a motor vehicle.

(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
or bow must be placed in the rearmost location of the vehicle.

(e) This section does not apply to night vision or thermal imaging equipmentnew text begin:
new text end

new text begin (1)new text end possessed by peace officers or military personnel while exercising their dutiesnew text begin; or
new text end

new text begin (2) possessed by an employee of a firearm or ammunition manufacturer for the
purposes of testing a firearm, ammunition, or related product
new text end.

Sec. 28.

Minnesota Statutes 2014, section 97B.305, is amended to read:


97B.305 COMMISSIONER MAY LIMIT NUMBER OF DEER HUNTERS.

new text begin (a) new text endThe commissioner may limit the number of persons that may hunt deer in an
area if it is necessary to prevent an overharvest or improve the distribution of hunters.
The commissioner may, by rule, establish a method, including a drawing, to impartially
select the hunters for an area. The commissioner shall give preference to hunters that
have previously applied and have not been selectednew text begin and to landowners as provided under
paragraph (b)
new text end.

new text begin (b) When applicable, the commissioner must conduct a separate selection for up to
20 percent of the deer licenses to be issued for any area. Only persons who are owners
or tenants of and who live on at least 80 acres of agricultural land, as defined in section
97B.001, in the permit area, and their family members who live on the qualifying land,
are eligible applicants. The qualifying land may be noncontiguous. Persons who are
unsuccessful in a separate selection must be included in the selection for the remaining
licenses. A license issued under this paragraph is restricted to the permit area where the
qualifying land is located. The commissioner may use rules adopted under section 97A.435,
subdivision 4, paragraph (b), for determining eligible family members under this section.
new text end

Sec. 29.

Minnesota Statutes 2014, section 97B.516, is amended to read:


97B.516 ELK MANAGEMENT PLAN.

new text begin (a) new text endThe commissioner of natural resources must adopt an elk management plan that:

(1) recognizes the value and uniqueness of elk;

(2) provides for integrated management of an elk population in harmony with the
environment; and

(3) affords optimum recreational opportunities.

new text begin (b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd
in a manner that would increase the size of the herd, including adoption or implementation
of an elk management plan designed to increase an elk herd, unless the commissioner of
agriculture verifies that crop and fence damages paid under section 3.7371 and attributed
to the herd have not increased for at least two years.
new text end

new text begin (c) At least 60 days prior to implementing a plan to increase an elk herd, the
commissioners of natural resources and agriculture must hold a joint public meeting in the
county where the elk herd to be increased is located. At the meeting, the commissioners
must present evidence that crop and fence damages have not increased in the prior two years
and must detail the practices that will be used to reduce elk conflicts with area landowners.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 30.

Minnesota Statutes 2014, section 97B.731, subdivision 3, is amended to read:


Subd. 3.

Crow season.

The deleted text begincommissioner shall prescribe a 124-daydeleted text end open deleted text beginseason
and restrictions
deleted text endnew text begin seasonsnew text end for taking crowsnew text begin are from March 17 through March 31 and from
July 15 through October 31
new text end. deleted text beginThe open season may not be shorter than the maximum
season allowed under federal law.
deleted text end The remainder of the year crows may be taken as
allowed by federal law.

Sec. 31.

Minnesota Statutes 2014, section 97B.811, subdivision 4a, is amended to read:


Subd. 4a.

Restrictions on certain motorized decoys.

deleted text beginFrom the opening day of the
duck season through the Saturday nearest October 8, a person may not use a motorized
decoy, or other motorized device designed to attract migratory waterfowl. During the
remainder of the duck season,
deleted text end The commissioner may, by rule, designate all or any portion
of a wetland or lake closed to the use of motorized decoys or motorized devices designed
to attract migratory waterfowl. On water bodies and lands fully contained within wildlife
management area boundaries, a person may not use motorized decoys or motorized
devices designed to attract migratory waterfowl at any time during the duck season.

Sec. 32.

new text begin [97C.008] MUSKELLUNGE IN CERTAIN WATERS PROHIBITED.
new text end

new text begin The commissioner of natural resources shall not introduce muskellunge or stock
muskellunge in the following waters:
new text end

new text begin (1) Big Marine Lake in Washington County;
new text end

new text begin (2) Fairmont Chain of Lakes in Martin County;
new text end

new text begin (3) Gull Chain of Lakes in Cass and Crow Wing Counties;
new text end

new text begin (4) Franklin Lake in Otter Tail County;
new text end

new text begin (5) Lizzie Lake in Otter Tail County; and
new text end

new text begin (6) Loon Lake in Otter Tail County.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 33.

Minnesota Statutes 2014, section 97C.401, subdivision 2, is amended to read:


Subd. 2.

Walleyedeleted text begin; northern pikedeleted text end.

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

(b) deleted text beginThe restrictions indeleted text end Paragraph (a) deleted text begindodeleted text endnew text begin doesnew text end not apply to boundary waters.

Sec. 34. new text beginRULEMAKING; NORTHERN PIKE.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6262.0200, subpart 1, item G, to establish the daily and possession limits for northern pike
in management zones according to paragraphs (b) to (e).
new text end

new text begin (b) The northeastern management zone includes all inland waters lying east
and north of U.S. Highway 53 from International Falls to Duluth. In the northeastern
management zone, the daily and possession limit for northern pike is two. When taking
northern pike by angling in the northeastern management zone, only one over 40 inches in
length may be in possession, and all northern pike from 30 to 40 inches in length must be
immediately returned to the water. When taking northern pike by dark house spearing,
only one over 26 inches in length may be in possession.
new text end

new text begin (c) The north central management zone includes all inland waters lying west and
south of U.S. Highway 53 from International Falls to Duluth and north of a line described
as follows: from the South Dakota border, along State Highway 7 to State Highway 22,
thence south on State Highway 22 to U.S. Highway 212, thence east on U.S. Highway
212 to State Highway 41, thence south on State Highway 41 to the near or north bank
of the Minnesota River, thence along the near banks of the Minnesota and Mississippi
Rivers to the Wisconsin border. The north central management zone does not include
waters of the Minnesota or Mississippi Rivers where those waters create the southern
boundary of the zone. In the north central management zone, the daily and possession
limit for northern pike is ten.
new text end

new text begin (1) When taking northern pike by angling in the north central management zone,
only two over 26 inches in length may be in possession, and all northern pike from 22
to 26 inches must be immediately returned to the water.
new text end

new text begin (2) When taking northern pike by dark house spearing in the north central
management zone:
new text end

new text begin (i) only two northern pike over 26 inches in length and no northern pike from 22 to
26 inches in length may be in possession; or
new text end

new text begin (ii) only one northern pike from 22 to 26 inches in length and one northern pike over
26 inches in length may be in possession.
new text end

new text begin (d) The southern management zone includes all inland waters lying south of a line
described as follows: from the South Dakota border, along State Highway 7 to State
Highway 22, thence south on State Highway 22 to U.S. Highway 212, thence east on U.S.
Highway 212 to State Highway 41, thence south on State Highway 41 to and including
the waters of the Minnesota River, thence along the Minnesota River to and including the
waters of the Mississippi River to the Wisconsin border. In the southern management
zone, the daily and possession limit for northern pike is two. The minimum size for
northern pike taken by angling or dark house spearing in the southern management zone is
24 inches in length.
new text end

new text begin (e) The restrictions in paragraphs (b) to (d) do not apply in boundary waters.
new text end

new text begin (f) The commissioner may use the good cause exemption rulemaking procedure
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

new text begin (g) No later than January 15, 2027, the commissioner must report on the success of
the northern pike regulations, together with recommendations on whether to keep or change
the regulations. The report must be submitted to the senate and house of representatives
committees having jurisdiction over environment and natural resources policy and finance.
new text end

Sec. 35. new text beginRULEMAKING; BLAZE PINK.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts
6232.2500, 6232.2550, 6232.2560, 6232.3700, and 6232.4400, to allow a person to wear
blaze pink as provided in Minnesota Statutes, section 97B.071.
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. 36. new text begin2016 MILLE LACS WALLEYE REGULATIONS.
new text end

new text begin The commissioner of natural resources must allow the possession of one walleye
over 28 inches for Lake Mille Lacs during the 2016 angling season until the state's portion
of the walleye quota negotiated with the eight tribes has been met.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 37. new text beginLAKE MILLE LACS MANAGEMENT REPORT.
new text end

new text begin By February 1, 2017, the commissioner of natural resources must submit a report
to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over outdoor recreation and the environment
and natural resources that includes:
new text end

new text begin (1) the state's chain of command for state and tribal comanagement of Lake Mille
Lacs, including those involved from the: Department of Natural Resources' area, regional
and central offices; attorney general's office; the governor's office; and any other state
agencies involved; and
new text end

new text begin (2) minutes and summaries from 2000 through 2016 for all Lake Mille Lacs
management-related state and tribal fisheries technical committee meetings, including
meetings with the Great Lakes Indian Fish and Wildlife Commission.
new text end

Sec. 38. new text beginDAVID DILL TRAIL; APPROPRIATION.
new text end

new text begin $20,000 in fiscal year 2017 is appropriated from the natural resources fund to the
commissioner of natural resources to design and erect signs marking the David Dill
trail designated in this act. Of this amount, $10,000 is from the snowmobile trails and
enforcement account and $10,000 is from the all-terrain vehicle account. This is a onetime
appropriation.
new text end

Sec. 39. new text beginPROSPECTORS ATV TRAIL; APPROPRIATION.
new text end

new text begin $1,000,000 in fiscal year 2017 is appropriated from the natural resources fund to the
commissioner of natural resources for a grant to Lake County for construction, including
bridges, of the Prospectors ATV Trail System linking the communities of Ely, Babbitt,
Embarrass, and Tower; Bear Head Lake and Lake Vermilion-Soudan Underground Mine
State Parks; the Taconite State Trail; and the Lake County Regional ATV Trail System.
Of this amount, $900,000 is from the all-terrain vehicle account, $50,000 is from the
off-highway motorcycle account, and $50,000 is from the off-road vehicle account. This
is a onetime appropriation.
new text end

Sec. 40. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 97A.075, subdivision 5, new text end new text begin is repealed.
new text end