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Minnesota Legislature

Office of the Revisor of Statutes

SF 943

5th Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:41pm

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

Current Version - 5th Engrossment

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A bill for an act
relating to natural resources; modifying aquaculture provisions; modifying
compensation and assistance provisions for crop damage by elk; modifying
definitions; modifying requirements for fish and wildlife management plans;
modifying provisions for taking, possessing, and transporting wild animals;
modifying penalty and license provisions; modifying duties of the Board of
Water and Soil Resources; modifying feedlot exemption; modifying certain
immunities from liability; approving certain consumptive use of water;
extending certain interest in land; limiting landowner liability for state walk-in
access program; requiring rulemaking; requiring reports; providing criminal
penalties; amending Minnesota Statutes 2010, sections 3.7371; 16C.055,
subdivision 2; 17.4982, subdivisions 8, 12, 13, by adding a subdivision; 17.4991,
subdivision 3; 17.4992, subdivision 4; 17.4994; 84.92, subdivisions 8, 9, 10;
84.942, subdivision 1; 84.95, subdivision 2; 84D.11, subdivision 2a; 97A.015,
subdivisions 24, 45, 49, 52, 55; 97A.028, subdivision 3; 97A.075, subdivision
6; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.321, subdivision 1;
97A.331, by adding a subdivision; 97A.405, subdivision 2; 97A.415, subdivision
2; 97A.425, subdivision 3; 97A.433, by adding a subdivision; 97A.435,
subdivision 1; 97A.445, subdivision 1a; 97A.465, subdivision 5; 97A.475,
subdivision 7; 97A.502; 97A.505, subdivision 2; 97A.545, subdivision 5;
97B.022, subdivision 2; 97B.031, subdivision 5; 97B.041; 97B.045, subdivision
3; 97B.055, subdivision 3; 97B.075; 97B.106, subdivision 1; 97B.211,
subdivision 1; 97B.325; 97B.405; 97B.425; 97B.515, by adding a subdivision;
97B.645, subdivision 9; 97B.667; 97B.803; 97C.005, subdivision 3; 97C.081,
subdivision 3, by adding a subdivision; 97C.087, subdivision 2; 97C.205;
97C.211, subdivision 5; 97C.341; 103B.101, subdivision 9; 116.07, subdivision
7d; 604A.12; 604A.24; proposing coding for new law in Minnesota Statutes,
chapters 17; 97B; 97C; 348; repealing Minnesota Statutes 2010, sections 84.942,
subdivisions 2, 3, 4; 97A.015, subdivisions 26b, 27b, 27c; 97A.435, subdivision
5; 97B.511; 97B.515, subdivision 3; 97C.081, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 3.7371, is amended to read:


3.7371 COMPENSATION FOR CROP new text beginOR FENCE new text endDAMAGE CAUSED BY
ELK.

Subdivision 1.

Authorization.

Notwithstanding section 3.736, subdivision 3,
paragraph (e), or any other law, a person who owns an agricultural crop new text beginor pasture new text endshall
be compensated by the commissioner of agriculture for an agricultural cropnew text begin, or fence
surrounding the crop or pasture,
new text end that is damaged or destroyed by elk as provided in this
section.

Subd. 2.

Claim form.

The crop new text beginor pasture new text endowner must prepare a claim on forms
provided by the commissioner and available at the county extension agent's office. The
claim form must be filed with the commissioner. deleted text beginA claim form may not be filed for crop
damage or destruction that occurs before June 3, 1987.
deleted text end

Subd. 3.

Compensation.

The crop owner is entitled to the target price or the
market price, whichever is greater, of the damaged or destroyed crop plus adjustments
for yield loss determined according to agricultural stabilization and conservation service
programs for individual farms, adjusted annually, as determined by the commissioner,
upon recommendation of the county extension agent for the owner's county. new text beginVerification
of fence damage or destruction by elk may be provided by submitting photographs or
other evidence and documentation together with a statement from an independent witness
using forms prescribed by the commissioner.
new text endThe commissioner, upon recommendation
of the agent, shall determine whether the crop damage or destruction new text beginor damage to or
destruction of a fence surrounding a crop or pasture
new text endis caused by elk and, if so, the amount
of the crop new text beginor fence new text endthat is damaged or destroyed. In any fiscal year, deleted text begina cropdeleted text endnew text begin annew text end owner
may not be compensated for a damaged or destroyed crop new text beginor fence surrounding a crop
or pasture
new text endthat is less than $100 in value and may be compensated up to $20,000, as
determined under this section, if normal harvest procedures for the area are followed. In
any fiscal year, the commissioner may provide compensation for claims filed under this
section up to the amount expressly appropriated for this purpose.

Subd. 4.

Insurance deduction.

Payments authorized by this section must be
reduced by amounts received by the owner as proceeds from an insurance policy covering
crop lossesnew text begin or damage to or destruction of a fence surrounding a crop or pasturenew text end, or from
any other source for the same purpose including, but not limited to, a federal program.

Subd. 5.

Decision on claims; opening land to hunting.

If the commissioner finds
that the crop new text beginor pasture new text endowner has shown that the damage or destruction of the owner's
crop new text beginor damage to or destruction of a fence surrounding a crop or pasture new text endwas caused more
probably than not by elk, the commissioner shall pay compensation as provided in this
section and the rules of the commissioner. deleted text beginTotal compensation to all claimants shall not
exceed the amount of funds appropriated for Laws 1987, chapter 373.
deleted text end A crop owner who
receives compensation under this section may, by written permission, permit hunting
on the land at the landowner's discretion.

Subd. 6.

Denial of claim; appeal.

(a) If the commissioner denies compensation
claimed by a crop new text beginor pasture new text endowner under this section, the commissioner shall issue a
written decision based upon the available evidence including a statement of the facts upon
which the decision is based and the conclusions on the material issues of the claim. A
copy of the decision must be mailed to the crop new text beginor pasture new text endowner.

(b) A decision denying compensation claimed under this section is not subject to the
contested case review procedures of chapter 14, but a crop new text beginor pasture new text endowner may have
the claim reviewed in a trial de novo in a court in the county where the loss occurred.
The decision of the court may be appealed as in other civil cases. Review in court may
be obtained by filing a petition for review with the administrator of the court within 60
days following receipt of a decision under this section. Upon the filing of a petition, the
administrator shall mail a copy to the commissioner and set a time for hearing within
90 days after the filing.

Subd. 7.

Rules.

The commissioner shall adopt rules and may deleted text beginadopt emergency
rules and
deleted text end amend rules to carry out this section. new text begin The commissioner may use the expedited
rulemaking process in section 14.389 to adopt and amend rules authorized in this section.
new text endThe rules must include:

(1) methods of valuation of crops damaged or destroyed;

(2) criteria for determination of the cause of the crop damage or destruction;

(3) notice requirements by the owner of the damaged or destroyed crop; deleted text beginand
deleted text end

(4) new text begincompensation rates for fence damage or destruction that shall include a minimum
claim of $75.00 per incident and a maximum of $1,800 per claimant per fiscal year; and
new text end

new text begin (5) new text endany other matters determined necessary by the commissioner to carry out this
section.

Sec. 2.

Minnesota Statutes 2010, section 16C.055, subdivision 2, is amended to read:


Subd. 2.

Restriction.

After July 1, 2002, an agency may not enter into a contract or
otherwise agree with a nongovernmental entity to receive total nonmonetary consideration
valued at more than $100,000 annually in exchange for the agency providing nonmonetary
consideration, unless such an agreement is specifically authorized by law. This subdivision
does not apply to the State Lotterynew text begin or private aquaculture businesses involved in state
stocking contracts
new text end.

Sec. 3.

Minnesota Statutes 2010, section 17.4982, subdivision 8, is amended to read:


Subd. 8.

Containment facility.

"Containment facility" means a licensed facility for
salmonids deleted text beginordeleted text endnew text begin,new text end catfishnew text begin, or species on the viral hemorrhagic septicemia (VHS) susceptible
list published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services,
new text end that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):

(1) disinfects its effluent to the standards in section 17.4991 before the effluent is
discharged to public waters;

(2) does not discharge to public waters or to waters of the state directly connected to
public waters;

(3) raises aquatic life that is prohibited from being released into the wild and must be
kept in a facility approved by the commissioner unless processed for food consumption;

(4) contains aquatic life requiring a fish health inspection prior to transportation.

Sec. 4.

Minnesota Statutes 2010, section 17.4982, is amended by adding a subdivision
to read:


new text begin Subd. 10a. new text end

new text begin Fish collector. new text end

new text begin "Fish collector" means an individual who has been
certified under section 17.4989 to oversee the collection of fish samples from a facility or
a water body for disease testing by a certified laboratory.
new text end

Sec. 5.

Minnesota Statutes 2010, section 17.4982, subdivision 12, is amended to read:


Subd. 12.

Fish health inspection.

new text begin(a) new text end"Fish health inspection" means an on-site,
statistically based samplingnew text begin, collection, and testing of fishnew text end in accordance with processes
in the Fish Health Blue Book deleted text beginfor all lots of fish in a facilitydeleted text endnew text begin or the Diagnostic Manual
for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
to test for causative pathogens. The samples for inspection must be collected by a fish
health inspector or a fish collector in cooperation with the producer. Testing of samples
must be done by an approved laboratory
new text end.

new text begin (b)new text end The inspectionnew text begin for viral hemorrhagic septicemia (VHS), infectious pancreatic
necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
nonsalmonids
new text end must include at deleted text beginleastdeleted text endnew text begin a minimumnew text end viral testing of ovarian fluids at the 95
percent confidence level of detecting two percent incidence of disease deleted text begin(ovarian fluids must
be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic
necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a
five percent incidence of disease. The inspection must be performed by a fish health
inspector in cooperation with the producer with subsequent examination of the collected
tissues and fluids for the detection of certifiable diseases
deleted text end.

new text begin (c) The inspection for certifiable diseases for wild fish must follow the guidelines of
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
new text end

Sec. 6.

Minnesota Statutes 2010, section 17.4982, subdivision 13, is amended to read:


Subd. 13.

Fish health inspector.

"Fish health inspector" means an individual
certified as a fish health inspector new text beginor an aquatic animal health inspector new text endby the American
Fisheries Society or state, federal, or provincial resource management agency, except
that a certification may not be made by an inspector who has a conflict of interest in
connection with the outcome of the certification.

Sec. 7.

new text begin [17.4989] FISH SAMPLE COLLECTING.
new text end

new text begin Subdivision 1. new text end

new text begin Training. new text end

new text begin Fish collector training may be offered by any organization
or agency that has had its class and practicum syllabus approved by the commissioner.
The class and practicum must include the following components:
new text end

new text begin (1) accurate identification of licensed water bodies listed according to section
17.4984 and ensuring that collection is taking place at the correct site;
new text end

new text begin (2) identification of fish internal organs;
new text end

new text begin (3) fish dissection and sample preparation as identified by the Department of Natural
Resources based on specific testing requirements or as outlined in the Fish Health
Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
International Office of Epizootics (OIE);
new text end

new text begin (4) recording and reporting data;
new text end

new text begin (5) sample preparation and shipping;
new text end

new text begin (6) a field collection site test to demonstrate mastery of the necessary skills, overseen
by a certified fish health inspector; and
new text end

new text begin (7) a certificate of successful completion signed by a certified fish health inspector
on a form provided by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Certification time period. new text end

new text begin Fish collector certification is valid for five years
and is not transferable. A person may renew certification only by successfully completing
certification training. Certification shall be revoked if the certified person is convicted
of violating any of the statutes or rules governing testing for aquatic species diseases.
Certification may be suspended during an investigation associated with misconduct or
violations of fish health testing and collection. The commissioner shall notify the person
that certification is being revoked or suspended.
new text end

new text begin Subd. 3. new text end

new text begin Conflict of interest. new text end

new text begin A fish collector may not oversee the collection of fish
from a facility or a water body when the collector has a conflict of interest in connection
with the outcome of the testing.
new text end

Sec. 8.

Minnesota Statutes 2010, section 17.4991, subdivision 3, is amended to read:


Subd. 3.

Fish health inspection.

(a) An aquatic farm propagating deleted text begintrout, salmon,
or
deleted text end new text beginsalmonids, new text endcatfishnew text begin, or species on the viral hemorrhagic septicemia (VHS) susceptible
list published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services,
new text end and having an effluent discharge from the aquatic farm into public
waters must have a fish health inspection conducted at least once every 12 months by a
certified fish health inspector. Testing must be conducted according to deleted text beginapproveddeleted text end laboratory
methodsnew text begin of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
Diseases, published by the International Office of Epizootics (OIE)
new text end.

(b)new text begin An aquatic farm propagating any species on the VHS susceptible list and having
an effluent discharge from the aquatic farm into public waters must test for VHS virus
using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic
Animal Diseases. The commissioner may, by written order published in the State Register,
prescribe alternative testing time periods and methods from those prescribed in the Fish
Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
biosecurity measures will not be compromised. These alternatives are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
must provide reasonable notice to affected parties of any changes in testing requirements.
new text end

new text begin (c) Results of fish health inspections must be provided to the commissioner for all
fish that remain in the state. All data used to prepare and issue a fish health certificate must
be maintained for three years by the issuing fish health inspector, approved laboratory, or
accredited veterinarian.
new text end

new text begin (d)new text end A health inspection fee must be charged based on each lot of fish sampled. The
fee by check or money order payable to the Department of Natural Resources must be
prepaid or paid at the time a bill or notice is received from the commissioner that the
inspection and processing of samples is completed.

deleted text begin (c)deleted text endnew text begin (e)new text end Upon receipt of payment and completion of inspection, the commissioner
shall notify the operator and issue a fish health certificate. The certification must be made
according to the Fish Health Blue Book new text beginor the Diagnostic Manual for Aquatic Animal
Diseases
new text endby a person certified as a fish health inspector.

deleted text begin (d)deleted text endnew text begin (f)new text end All aquatic life in transit or held at transfer stations within the state may
be inspected by the commissioner. This inspection may include the collection of stock
for purposes of pathological analysis. Sample size necessary for analysis will follow
guidelines listed in the Fish Health Blue Booknew text begin or the Diagnostic Manual for Aquatic
Animal Diseases
new text end.

deleted text begin (e)deleted text endnew text begin (g)new text end Salmonids deleted text beginanddeleted text endnew text begin,new text end catfishnew text begin, or species on the VHS susceptible listnew text end must have a
fish health inspection before being transported from a containment facility, unless the
fish are being transported directly to an outlet for processing or other food purposes or
unless the commissioner determines that an inspection is not needed. A fish health
inspection conducted for this purpose need only be done on the lot or lots of fish that will
be transported. The commissioner must conduct a fish health inspection requested for this
purpose within five working days of receiving written notice. Salmonids and catfish may
be immediately transported from a containment facility to another containment facility
once a sample has been obtained for a health inspection or once the five-day notice
period has expired.

Sec. 9.

Minnesota Statutes 2010, section 17.4992, subdivision 4, is amended to read:


Subd. 4.

Sale of eggs by the state.

The commissioner may offer for sale new text beginor barter
new text endas eggs or fry deleted text beginup to two percent ofdeleted text endnew text begin fromnew text end the department's annual game fish egg harvest.
deleted text begin Additional eggs or fry may be sold if they are surplus to this state's program needs.
deleted text end

Sec. 10.

Minnesota Statutes 2010, section 17.4994, is amended to read:


17.4994 SUCKER EGGS.

Sucker eggs may be taken from public waters with a sucker egg license endorsementdeleted text begin,
which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres
of licensed surface waters except that for intensive culture systems, sucker eggs may be
taken at a rate of two quarts per 1,000 muskellunge fry being reared
deleted text endnew text begin for the fee prescribed
in section 97A.475, subdivision 29
new text end. deleted text beginThedeleted text end Taking deleted text beginofdeleted text end sucker eggs from public waters is
subject to chapter 97C and may be supervised by the commissioner.new text begin The commissioner
may limit the amount of sucker eggs that a person with a sucker egg license endorsement
may take based on the number of sucker eggs taken historically by the licensee, new
requests for eggs, and the condition of the spawning runs at those historical streams and
rivers that have produced previous annual quotas.
new text end

Sec. 11.

Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:


Subd. 8.

All-terrain vehicle or vehicle.

"All-terrain vehicle" or "vehicle" means a
motorized deleted text beginflotation-tireddeleted text end vehicle deleted text beginof not less than three low pressure tires, but not more
than
deleted text end new text begin equipped with three to new text endsixnew text begin nonhighwaynew text end tiresdeleted text begin, that is limited in engine displacement
of less than 960 cubic centimeters
deleted text end and includes a class 1 all-terrain vehicle and class
2 all-terrain vehicle.new text begin All-terrain vehicle does not include a golf cart; a mini-truck; a
dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance,
agriculture, logging, or mining purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and if 2011 S.F. No. 1115 is enacted and includes a provision that amends this section
in a manner that is different from the amendment in this section, the amendment in this
section supersedes the amendment in 2011 S.F. No. 1115, notwithstanding Minnesota
Statutes, section 645.26.
new text end

Sec. 12.

Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:


Subd. 9.

Class 1 all-terrain vehicle.

"Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than 1,000 poundsnew text begin and has a straddled
seat
new text end.

Sec. 13.

Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:


Subd. 10.

Class 2 all-terrain vehicle.

"Class 2 all-terrain vehicle" means an
all-terrain vehicle thatnew text begin is not a class 1 all-terrain vehicle,new text end has a total dry weight of deleted text begin1,000 todeleted text end
1,800 poundsnew text begin or less, and has a manufacturer's published width of 68 inches or lessnew text end.

Sec. 14.

Minnesota Statutes 2010, section 84.942, subdivision 1, is amended to read:


Subdivision 1.

Preparation.

The commissioner of natural resources shall prepare
deleted text begin a comprehensivedeleted text end fish and wildlife management deleted text beginplandeleted text endnew text begin plansnew text end designed to accomplish the
policy of section 84.941. deleted text beginThe comprehensive fish and wildlife management plan shall
include a strategic plan as outlined in subdivision 2. The strategic plan must be completed
by July 1, 1986. The management plan must also include the long-range and operational
plans as described in subdivisions 3 and 4. The management plan must be completed by
July 1, 1988.
deleted text end

Sec. 15.

Minnesota Statutes 2010, section 84.95, subdivision 2, is amended to read:


Subd. 2.

Purposes and expenditures.

Money from the reinvest in Minnesota
resources fund may only be spent for the following fish and wildlife conservation
enhancement purposes:

(1) development and implementation of the deleted text begincomprehensivedeleted text end fish and wildlife
management deleted text beginplandeleted text endnew text begin plansnew text end under section 84.942;

(2) implementation of the reinvest in Minnesota reserve program established by
section 103F.515;

(3) soil and water conservation practices to improve water quality, reduce soil
erosion and crop surpluses;

(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
wetlands, and public and private forest lands;

(5) acquisition and development of public access sites and recreation easements to
lakes, streams, and rivers for fish and wildlife oriented recreation;

(6) matching funds with government agencies, federally recognized Indian tribes and
bands, and the private sector for acquisition and improvement of fish and wildlife habitat;

(7) research and surveys of fish and wildlife species and habitat;

(8) enforcement of natural resource laws and rules;

(9) information and education;

(10) implementing the aspen recycling program under section 88.80 and for other
forest wildlife management projects; and

(11) necessary support services to carry out these purposes.

Sec. 16.

Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:


Subd. 2a.

Harvest of bait from infested waters.

The commissioner may issue a
permit to allow the harvest of baitnew text begin:
new text end

new text begin (1)new text end from waters that are designated as infested waters, except those designated
because they contain prohibited invasive species of fishnew text begin or certifiable diseases of fish as
defined in section 17.4982, subdivision 6; and
new text end

new text begin (2) from infested waters as allowed under section 97C.341, paragraph (c)new text end.

The permit shall include conditions necessary to avoid spreading aquatic invasive
species. Before receiving a permit, a person annually must satisfactorily complete aquatic
invasive species-related training provided 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. 17.

Minnesota Statutes 2010, section 97A.015, subdivision 24, is amended to read:


Subd. 24.

Game birds.

"Game birds" means migratory waterfowl, ring-necked
pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray
partridge, bobwhite quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning
dove, new text beginsandhill crane, new text endAmerican woodcock, and common snipe.

Sec. 18.

Minnesota Statutes 2010, section 97A.015, subdivision 45, is amended to read:


Subd. 45.

Small game.

"Small game" means game birds, gray squirrel, fox squirrel,
cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, new text begingray wolf, new text endred fox
and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink,
otter, and beaver.

Sec. 19.

Minnesota Statutes 2010, section 97A.015, subdivision 49, is amended to read:


Subd. 49.

Undressed bird.

"Undressed bird" means:

(1) a bird, excluding deleted text beginmigratory waterfowl, pheasant, Hungarian partridge, turkey, or
grouse
deleted text endnew text begin ducksnew text end, with deleted text beginfeet anddeleted text endnew text begin a fullynew text end feathered deleted text beginheaddeleted text endnew text begin wingnew text end intact;

(2) a deleted text beginmigratory waterfowl, excluding geese,deleted text endnew text begin ducknew text end with a fully feathered wing and
head attached;new text begin or
new text end

(3) a pheasant, Hungarian partridge, new text beginor wild new text endturkeydeleted text begin, or grousedeleted text end with one leg and foot
deleted text begin or the fully feathered head or wingdeleted text end intactdeleted text begin; or
deleted text end

deleted text begin (4) a goose with a fully feathered wing attacheddeleted text end.

Sec. 20.

Minnesota Statutes 2010, section 97A.015, subdivision 52, is amended to read:


Subd. 52.

Unprotected birds.

"Unprotected birds" means English sparrow,
blackbird, starling, magpie, cormorant, common pigeon, new text beginEurasian collared dove, new text endchukar
partridge, quail other than bobwhite quail, and mute swan.

Sec. 21.

Minnesota Statutes 2010, section 97A.015, subdivision 55, is amended to read:


Subd. 55.

Wild animals.

"Wild animals" means all deleted text beginlivingdeleted text end creatures, new text beginwhether dead or
alive,
new text endnot human, wild by nature, endowed with sensation and power of voluntary motion,
and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.

new text begin EFFECTIVE DATE. new text end

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

Sec. 22.

Minnesota Statutes 2010, section 97A.028, subdivision 3, is amended to read:


Subd. 3.

Emergency deterrent materials assistance.

(a) For the purposes of
this subdivision, "cooperative damage management agreement" means an agreement
between a landowner or tenant and the commissioner that establishes a program for
addressing the problem of destruction of the landowner's or tenant's specialty crops or
stored forage crops by wild animals, deleted text beginordeleted text end destruction of agricultural crops by flightless
Canada geesenew text begin, or destruction of agricultural crops or pasture by elk within the native elk
range, as determined by the commissioner
new text end.

(b) A landowner or tenant may apply to the commissioner for emergency deterrent
materials assistance in controlling destruction of the landowner's or tenant's specialty
crops or stored forage crops by wild animals, deleted text beginordeleted text end destruction of agricultural crops by
flightless Canada geesenew text begin, or destruction of agricultural crops or pasture by elk within the
native elk range, as determined by the commissioner
new text end. Subject to the availability of money
appropriated for this purpose, the commissioner shall provide suitable deterrent materials
when the commissioner determines that:

(1) immediate action is necessary to prevent significant damage from continuing; and

(2) a cooperative damage management agreement cannot be implemented
immediately.

(c) A person may receive emergency deterrent materials assistance under this
subdivision more than once, but the cumulative total value of deterrent materials provided
to a person, or for use on a parcel, may not exceed deleted text begin$3,000deleted text endnew text begin $5,000new text end for specialty crops,
deleted text begin $750deleted text endnew text begin $1,500new text end for protecting stored forage crops new text beginother than silage or grain, $3,000 for stored
silage or grain
new text end, or deleted text begin$500deleted text endnew text begin $1,000new text end for agricultural crops damaged by flightless Canada geese.new text begin
The value of deterrent materials provided to a person to help protect stored forage crops,
agricultural crops, or pasture from damage by elk may not exceed $5,000.
new text end If a person is a
co-owner or cotenant with respect to the deleted text beginspecialtydeleted text end crops for which the deterrent materials
are provided, the deterrent materials are deemed to be "provided" to the person for the
purposes of this paragraph.

(d) As a condition of receiving emergency deterrent materials assistance under this
subdivision, a landowner or tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided by the commissioner may
include repellents, fencing materials, or other materials recommended in the agreement
to alleviate the damage problem. If requested by a landowner or tenant, any fencing
materials provided must be capable of providing long-term protection of specialty crops.
A landowner or tenant who receives emergency deterrent materials assistance under
this subdivision shall comply with the terms of the cooperative damage management
agreement.

Sec. 23.

Minnesota Statutes 2010, section 97A.075, subdivision 6, is amended to read:


Subd. 6.

Walleye stamp.

deleted text begin(a)deleted text end Revenue from walleye stamps must be credited to the
walleye stamp account. Money in the account must be used only for stocking deleted text beginwalleyedeleted text endnew text begin
walleyes purchased from the private sector
new text end in waters of the state deleted text beginand related activitiesdeleted text end.

deleted text begin (b) Money in the account may not be used for costs unless they are directly related to
a specific body of water under paragraph (a), or for costs associated with supplies and
equipment to implement walleye stocking activities under paragraph (a).
deleted text end

Sec. 24.

Minnesota Statutes 2010, section 97A.101, subdivision 3, is amended to read:


Subd. 3.

Fishing may not be restricted.

Seasons or methods of taking fishnew text begin other
than minnows
new text end may not be restricted under this section.

Sec. 25.

Minnesota Statutes 2010, section 97A.311, subdivision 5, is amended to read:


Subd. 5.

Refunds.

(a) The commissioner may issue a refund on a license, not
including any issuing fees paid under section 97A.485, subdivision 6, ifnew text begin the request is
received within 90 days of the original license purchase and
new text end:

(1) the licensee dies before the opening of the licensed season. The original license
and a copy of the death certificate must be provided to the commissioner;

(2) the licensee is unable to participate in the licensed activity because the licensee is
called to active military duty or military leave is canceled during the entire open season of
the licensed activity. The original license and a copy of the military orders or notice of
cancellation of leave must be provided to the commissioner; deleted text beginor
deleted text end

(3) the licensee purchased two licenses for the same license season in errordeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) the licensee was not legally required to purchase the license to participate
in the activity.
new text end

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

Sec. 26.

Minnesota Statutes 2010, section 97A.321, subdivision 1, is amended to read:


Subdivision 1.

Owner responsibility; penalty amount.

The owner of a dog that
pursues but does not kill new text beginor mortally woundnew text end a big game animal is subject to a civil penalty
of $100 for each violation. The owner of a dog that kills new text beginor mortally wounds new text enda big game
animal is subject to a civil penalty of $500 for each violation.

Sec. 27.

Minnesota Statutes 2010, section 97A.331, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Hunting big game while under revocation. new text end

new text begin Notwithstanding section
97A.421, subdivision 7, a person who takes big game during the time the person is
prohibited from obtaining a license to take big game under section 97A.421 is guilty
of a gross misdemeanor.
new text end

Sec. 28.

Minnesota Statutes 2010, 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 deleted text begin$2deleted text end
feenew text begin that covers the costs of producing and mailing a pictorial stampnew text end. A pictorial turkey
stamp may be purchased for a deleted text begin$2deleted text end feedeleted text begin.deleted text endnew text begin that covers the costs of producing and mailing the
pictorial stamp. 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.
new text end

Sec. 29.

Minnesota Statutes 2010, section 97A.415, subdivision 2, is amended to read:


Subd. 2.

Transfer deleted text beginprohibiteddeleted text end.

A person may not lend, transfer, borrow, or solicit
a license or permit, license identification number, application for a license or permit,
coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag,
or seal not issued to the person unless otherwise expressly authorized.new text begin A person may
transfer a license, as prescribed by the commissioner, for use by a person with a severe
disability or critical illness who is participating in a hunting or fishing program sponsored
by a nonprofit organization.
new text end

Sec. 30.

Minnesota Statutes 2010, section 97A.425, subdivision 3, is amended to read:


Subd. 3.

Reports.

Except for persons licensed to mount specimens of wild
animals, an annual report covering the preceding license year must be submitted to the
commissioner by March 15. The commissioner may require other reports for statistical
purposes. The reports must be on forms supplied new text beginor approved new text endby the commissioner.

Sec. 31.

Minnesota Statutes 2010, section 97A.433, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Mandatory separate selection. new text end

new text begin 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 end

Sec. 32.

Minnesota Statutes 2010, section 97A.435, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginNumber of licenses to be issueddeleted text endnew text begin License issuancenew text end.

The
commissioner shall include in deleted text begina rule setting the dates for a turkey season the number of
licenses to be issued
deleted text endnew text begin rules setting turkey seasons the methods for issuing licenses for
those seasons
new text end.

Sec. 33.

Minnesota Statutes 2010, section 97A.445, subdivision 1a, is amended to read:


Subd. 1a.

Angling in a state park.

new text begin(a) new text endA resident may take fish by angling without
an angling licensenew text begin:
new text end

new text begin (1)new text end when shore fishing or wading on state-owned land within a state parkdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2)new text end when angling from a boat or floatdeleted text begin, this subdivision applies only to thosedeleted text endnew text begin or
through the ice on
new text end water bodies completely encompassed within the statutory boundary of
the state park.

new text begin (b)new text end The exemption from an angling license does not apply to waters where a trout
stamp is required.

Sec. 34.

Minnesota Statutes 2010, section 97A.465, subdivision 5, is amended to read:


Subd. 5.

Preference to service members.

(a) For purposes of this subdivision:

(1) "qualified service member or veteran" means a Minnesota resident whonew text begin:
new text end

new text begin (i)new text end is currently serving, or has served at any time during the past 24 months, in active
service as a member of the United States armed forces, including the National Guard or
other military reservesnew text begin;
new text end

new text begin (ii) has received a Purple Heart medal for qualifying military service, as shown by
official military records; or
new text end

new text begin (iii) has a service-connected disability rated at 100 percent as defined by the United
States Department of Veterans Affairs
new text end; and

(2) "active service" means service defined under section 190.05, subdivision 5b or 5c.

(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or
administrative rules, the commissioner may give first preference to qualified service
members or veterans in any drawing or lottery involving the selection of applicants for
hunting or fishing licenses, permits, and special permits. This subdivision does not
apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the
commissioner under this subdivision are not rules under the Administrative Procedure Act
and section 14.386 does not apply.

Sec. 35.

Minnesota Statutes 2010, section 97A.475, subdivision 7, is amended to read:


Subd. 7.

Nonresident fishing.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) to take fish by angling, $37.50;

(2) to take fish by angling limited to seven consecutive days selected by the licensee,
$26.50;

(3) to take fish by angling for a 72-hour period selected by the licensee, $22;

(4) to take fish by angling for a combined license for a family for one or both parents
and dependent children under the age of 16, $50.50;

(5) to take fish by angling for a 24-hour period selected by the licensee, $8.50;

(6) to take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, $38.50; and

(7) to take fish by spearing from a dark house, $37.50.

(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clause (5)new text begin, and licenses purchased at the resident fee by
nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b)
new text end. An
additional commission may not be assessed on this surcharge.

Sec. 36.

Minnesota Statutes 2010, section 97A.502, is amended to read:


97A.502 DEER KILLED BY MOTOR VEHICLES.

new text begin (a) new text endDeer killed by a motor vehicle on a public road must be removed by the road
authority, as defined by section 160.02, subdivision 25new text begin, unless the driver of the motor
vehicle is allowed to possess the deer under paragraph (b)
new text end. The commissioner of natural
resources must provide to all road authorities standard forms for statistical purposes and
the tracking of wild animals.

new text begin (b) The driver of a motor vehicle that has collided with and killed a deer on a public
road has priority for a possession permit for the entire deer if the facts indicate that the
deer was not taken illegally.
new text end

Sec. 37.

Minnesota Statutes 2010, section 97A.505, subdivision 2, is amended to read:


Subd. 2.

Possession of unlawful animals brought into state prohibited.

new text begin(a) new text endA
person may not possess a wild animal that has been unlawfully taken, bought, sold, or
possessed outside the state, or unlawfully shipped into the state.

new text begin (b) When entering the state from Canada, a person who possesses fish that were
unlawfully taken or possessed under paragraph (a) may be charged in the same manner as
for possessing fish that were unlawfully taken or possessed in the state.
new text end

Sec. 38.

Minnesota Statutes 2010, section 97A.545, subdivision 5, is amended to read:


Subd. 5.

Birds must be in undressed condition; exceptions.

(a) Except as
provided in paragraph (b), a person may ship or otherwise transport game birds in an
undressed condition only.

(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:

(1) were taken on a shooting preserve and are marked or identified in accordance
with section 97A.121, subdivision 5;

(2) were taken, dressed, and lawfully shipped or otherwise transported in another
state; deleted text beginor
deleted text end

(3) are migratory game birds that were lawfully tagged and packed by a federally
permitted migratory bird preservation facilitydeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) are doves shipped or transported in accordance with federal law.
new text end

Sec. 39.

new text begin [97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
new text end

new text begin A parent or legal 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.
new text end

Sec. 40.

Minnesota Statutes 2010, section 97B.022, subdivision 2, is amended to read:


Subd. 2.

Apprentice hunter validation requirements.

A resident born after
December 31, 1979, who is age 12 or deleted text beginolderdeleted text endnew text begin overnew text end and who does not possess a new text beginhunter
education
new text endfirearms safety certificate may be issued an apprentice hunter validation. An
apprentice hunter validation deleted text beginis valid for only onedeleted text endnew text begin may be purchased twonew text end license deleted text beginyeardeleted text endnew text begin yearsnew text end
in a lifetimenew text begin and used to obtain hunting licenses during the same license year that the
validation is purchased
new text end. An individual in possession of an apprentice hunter validation
may hunt small game deleted text beginanddeleted text endnew text begin,new text end deernew text begin, and bearnew text end only when accompanied by an adult licensed to
hunt in Minnesota whose license was not obtained using an apprentice hunter validation.
An apprentice hunter validation holder must obtain all required licenses and stamps.

Sec. 41.

Minnesota Statutes 2010, section 97B.031, subdivision 5, is amended to read:


Subd. 5.

Scopes; visually impaired hunters.

(a) Notwithstanding any other law
to the contrary, the commissioner may issue a special permit, without a fee, to use a
muzzleloader with a scope to take deer during the muzzleloader season to a person who
obtains the required licenses and who has a visual impairment. The scope may not have
magnification capabilities.

(b) The visual impairment must be to the extent that the applicant is unable to
identify targets and the rifle sights at the same time without a scope. The visual impairment
and specific conditions must be established by medical evidence verified in writing bynew text begin
(1)
new text end a licensed physiciandeleted text begin,deleted text endnew text begin or a certified nurse practitioner or certified physician assistant
acting under the direction of a licensed physician; (2) a licensed
new text end ophthalmologistdeleted text begin,deleted text endnew text begin; new text end or new text begin(3)
a licensed
new text endoptometrist. The commissioner may request additional information from the
physician if needed to verify the applicant's eligibility for the permit.

(c) A permit issued under this subdivision may be valid for up to five years, based
on the permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.

(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this subdivision for cause, including a violation of the game and fish laws or rules.

(f) A person who knowingly makes a false application or assists another in making
a false application for a permit under this subdivision is guilty of a misdemeanor. A
physician, new text begincertified nurse practitioner, certified physician assistant, new text endophthalmologist, or
optometrist who fraudulently certifies to the commissioner that a person is visually
impaired as described in this subdivision is guilty of a misdemeanor.

Sec. 42.

Minnesota Statutes 2010, section 97B.041, is amended to read:


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

new text begin (a) new text endA 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.

new text begin (b) new text endThis section does not apply during an open firearms season in an area where deer
may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
taking of deer may be possessed only by persons with a valid license to take deer by
muzzleloader during deleted text beginthatdeleted text endnew text begin the muzzleloadernew text end season.new text begin While muzzleloader hunting, a person
with a valid license to take deer by muzzleloader may not possess a firearm other than:
new text end

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

new text begin (2) a firearm as described in paragraph (a), clauses (2) to (5).
new text end

Sec. 43.

Minnesota Statutes 2010, section 97B.045, subdivision 3, is amended to read:


Subd. 3.

Exceptions; hunting and shooting ranges.

(a) Notwithstanding
provisions to the contrary under this chapter, a person may transport an unloaded, uncased
firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a
shooting range, as defined under section 87A.01, subdivision 3, where the person has
received permission from the lawful owner or possessor to discharge firearms; lawfully
hunting on private or public land; or travelling to or from a site the person intends to hunt
lawfully that day or has hunted lawfully that day, unless:

(1) within Anoka, Hennepin, or Ramsey County;

deleted text begin (2) within an area where the discharge of a firearm has been prohibited under section
471.633;
deleted text end

deleted text begin (3)deleted text end new text begin(2) new text endwithin the boundaries of a home rule charter or statutory city with a
population of 2,500 or more;

deleted text begin (4)deleted text end new text begin(3) new text endon school grounds; or

deleted text begin (5)deleted text end new text begin(4) new text endotherwise restricted under section 97A.091, 97B.081, or 97B.086.

(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired
by the use of a single hand and with an overall length less than 26 inches, or having a
barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel
of a length less than 16 inches in the case of a rifle:

(1) from which may be fired or ejected one or more solid projectiles by means
of a cartridge or shell or by the action of an explosive or the igniting of flammable or
explosive substances; or

(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or
other gas, or vapor.

Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less,
in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used
in the construction industry, or children's pop guns or toys.

Sec. 44.

Minnesota Statutes 2010, section 97B.055, subdivision 3, is amended to read:


Subd. 3.

Hunting from vehicle by disabled hunters.

(a) The commissioner may
issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
stationary motor vehicle to a person who obtains the required licenses and who has a
permanent physical disability that is more substantial than discomfort from walking. The
permit recipient must be:

(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
other mechanical support or prosthetic device; or

(2) unable to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist breathing.

(b) The permanent physical disability must be established by medical evidence
verified in writing by a licensed physician deleted text beginordeleted text endnew text begin,new text end chiropractornew text begin, or certified nurse practitioner
or certified physician assistant acting under the direction of a licensed physician
new text end. The
commissioner may request additional information from the physician or chiropractor
if needed to verify the applicant's eligibility for the permit. Notwithstanding section
97A.418, the commissioner may, in consultation with appropriate advocacy groups,
establish reasonable minimum standards for permits to be issued under this section. In
addition to providing the medical evidence of a permanent disability, the applicant must
possess a valid disability parking certificate authorized by section 169.345 or license
plates issued under section 168.021.

(c) A person issued a special permit under this subdivision and hunting deer may
take a deer of either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another member of a
party to take an antlerless deer under section 97B.301, subdivision 3.

(d) A permit issued under this subdivision is valid for five years.

(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this section for cause, including a violation of the game and fish laws or rules.

(f) A person who knowingly makes a false application or assists another in making a
false application for a permit under this section is guilty of a misdemeanor. A physiciannew text begin,
certified nurse practitioner, certified physician assistant,
new text end or chiropractor who fraudulently
certifies to the commissioner that a person is permanently disabled as described in this
section is guilty of a misdemeanor.

(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
the entire life of the applicant if the commissioner determines that there is no chance
that an applicant will become ineligible for a permit under this section and the applicant
requests a lifetime permit.

Sec. 45.

Minnesota Statutes 2010, section 97B.075, is amended to read:


97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.

(a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.

(b) Big game may be taken from one-half hour before sunrise until one-half hour
after sunset.

(c) Except as otherwise prescribed by the commissioner on or before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner. deleted text beginOn the opening day of the duck
season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.
deleted text end

Sec. 46.

Minnesota Statutes 2010, section 97B.106, subdivision 1, is amended to read:


Subdivision 1.

Qualifications for crossbow permits.

(a) The commissioner may
issue a special permit, without a fee, to take big game, small game, or rough fish with a
crossbow to a person that is unable to hunt or take rough fish by archery because of a
permanent or temporary physical disability. A crossbow permit issued under this section
also allows the permittee to use a bow with a mechanical device that draws, releases, or
holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).

(b) To qualify for a crossbow permit under this section, a temporary disability
must render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made. The permanent or temporary disability must
be established by medical evidence, and the inability to hunt or fish by archery for the
required period of time must be verified in writing by new text begin(1) new text enda licensed physiciannew text begin or a certified
nurse practitioner or certified physician assistant acting under the direction of a licensed
physician;
new text end or new text begin(2) a licensed new text endchiropractor. A person who has received a special permit
under this section because of a permanent disability is eligible for subsequent special
permits without providing medical evidence and verification of the disability.

(c) The person must obtain the appropriate license.

Sec. 47.

Minnesota Statutes 2010, section 97B.211, subdivision 1, is amended to read:


Subdivision 1.

Possession of firearms prohibited.

new text begin(a)new text end A person may not take deer
by archery while in possession of a firearm.

new text begin (b) Paragraph (a) does not apply to a person carrying a handgun in compliance
with section 624.714.
new text end

Sec. 48.

Minnesota Statutes 2010, section 97B.325, is amended to read:


97B.325 DEER STAND RESTRICTIONS.

A person may not take deer from a constructed platform or other structure that is
located within the right-of-way of an improved public highway deleted text beginor is higher than 16 feet
above the ground. The height restriction does not apply to a portable stand that is chained,
belted, clamped, or tied with rope
deleted text end.

Sec. 49.

Minnesota Statutes 2010, section 97B.405, is amended to read:


97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.

(a) The commissioner may limit the number of persons that may hunt bear in an
area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
The commissioner may establish, by rule, 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 selected.

(b) deleted text beginIn the case of a drawing, the commissioner shall allow a person to apply for a
permit in more than one area at the same time and rank the person's choice of area.
deleted text endnew text begin A
person selected through a drawing must purchase a license by August 1. Any remaining
available licenses not purchased shall be issued to any eligible person as prescribed by
the commissioner on a first-come, first-served basis beginning three business days after
August 1.
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. 50.

Minnesota Statutes 2010, section 97B.425, is amended to read:


97B.425 BAITING BEARS.

Notwithstanding section 609.68, a person may place bait to take bear and must
display a tag at each site where bait is placed and register the sites. The commissioner
shall prescribe the method of tagging and registering the sites. The tag displayed at each
site where bait is placed must contain deleted text beginidentification informationdeleted text endnew text begin: (1) the licensee's name
and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license
identification number issued to the licensee
new text end for a licensed bear hunter or a licensed bear
outfitter. A person must have the license identification number of the person with the bear
license in their possession or be a licensed bear outfitter while attending a bear bait station.
To attract bear a person may not use a bait with:

(1) a carcass from a mammal, if the carcass contains more than 25 percent of the
intact carcass;

(2) meat from mammals, if the meat contains bones;

(3) bones of mammals;

(4) solid waste containing bottles, cans, plastic, paper, or metal;

(5) materials that are not readily biodegradable; or

(6) any part of a swine, except cured pork.

Sec. 51.

new text begin [97B.4251] BAITING BEAR; USE OF DRUM.
new text end

new text begin Notwithstanding section 97B.425, a private landowner or person authorized by the
private landowner may use a drum to bait bear on the person's private land. The drum
must be securely chained or cabled to a tree so that it cannot be moved from the site by a
bear and the drum may not include a mechanical device for dispensing feed. The drum
must be marked as provided in section 97B.425. For purposes of this section, "drum"
means a 30 gallon or larger drum.
new text end

Sec. 52.

Minnesota Statutes 2010, section 97B.515, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Taking elk causing damage or nuisance. new text end

new text begin The commissioner may
authorize licensed hunters to take elk that are causing damage or nuisance from August
15 to March 1 under rules prescribed by the commissioner. The commissioner may issue
licenses to hunters impartially selected from a list of elk hunt applicants who indicated on
their application that they would be interested and available to respond to an elk damage
or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a
person receiving a license to hunt elk under this subdivision does not lose eligibility
for future elk hunts.
new text end

Sec. 53.

Minnesota Statutes 2010, section 97B.645, subdivision 9, is amended to read:


Subd. 9.

Open season.

There shall be no open season for gray wolves deleted text beginfor five yearsdeleted text endnew text begin
until
new text end after the gray wolf is delisted under the federal Endangered Species Act of 1973.
After that time, the commissioner may prescribe open seasons and restrictions for taking
gray wolves but must provide opportunity for public comment.

Sec. 54.

Minnesota Statutes 2010, section 97B.667, is amended to read:


97B.667 REMOVAL OF new text beginBEAVERS, new text endBEAVER DAMSnew text begin,new text end AND LODGES BY
ROAD AUTHORITIES.

When a drainage watercourse is impaired by a beaver dam and the water damages
or threatens to damage a public road, the road authority, as defined in section 160.02,
subdivision 25
, may remove the impairment and any associated beaver lodge within 300
feet of the road. new text beginNotwithstanding any law to the contrary, the road authority may kill or
arrange to have killed by any lawful means a beaver associated with the lodge. Before
killing or arranging to kill a beaver under this section, the road authority must contact a
conservation officer for a special beaver permit. The conservation officer must issue the
permit for any beaver subject to this section. A road authority that kills or arranges to
have killed a beaver under this section must notify a conservation officer or the officer's
designee as specified in the permit within ten days after the animal is killed. A road
authority may, after consultation with the Wildlife Division and the Board of Water and
Soil Resources, implement a local beaver control program designed to reduce the number
of incidents of beaver interfering with or damaging a public road. The local control
program may include the offering of a bounty for the lawful taking of beaver.
new text end

Sec. 55.

Minnesota Statutes 2010, section 97B.803, is amended to read:


97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.

deleted text begin (a)deleted text end The commissioner shall prescribe seasons, limits, and areas for taking migratory
waterfowl in accordance with federal law.

deleted text begin (b) The regular duck season may not open before the Saturday closest to October 1.
deleted text end

Sec. 56.

Minnesota Statutes 2010, section 97C.005, subdivision 3, is amended to read:


Subd. 3.

Seasons, limits, and other rules.

The commissioner may, in accordance
with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
establish open seasons, limits, methods, and other requirements for taking fish on special
management waters.new text begin The commissioner may, by written order published in the State
Register, amend daily, possession, or size limits to make midseason adjustments based
on available harvest, angling pressure, and population data to manage the fisheries in the
1837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa
v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in daily, possession, or
size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply. Before the written order is effective, the commissioner shall attempt to
notify persons or groups of persons affected by the written order by public announcement,
posting, and other appropriate means as determined by the commissioner.
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. 57.

new text begin [97C.007] NORTHERN PIKE EXPERIMENTAL AND SPECIAL
MANAGEMENT WATERS.
new text end

new text begin The combined number of lakes designated for northern pike under sections 97C.001
and 97C.005 may not exceed 90 at one time. Until November 1, 2021, the designated lakes
must be selected from the lakes identified in rules adopted under sections 97C.001 and
97C.005 with northern pike slot limits effective on January 1, 2011. A designation under
this section must continue for at least ten years, at which time the commissioner shall
determine, based on scientific studies, whether the designation should be discontinued.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2011.
new text end

Sec. 58.

Minnesota Statutes 2010, section 97C.081, subdivision 3, is amended to read:


Subd. 3.

Contests requiring a permit.

(a) new text beginUnless subdivision 3a applies, new text enda person
must have a permit from the commissioner to conduct a fishing contest deleted text beginthat does not meet
the criteria in subdivision 2.
deleted text endnew text begin if:
new text end

new text begin (1) there are more than 25 boats for open water contests, more than 150 participants
for ice fishing contests, or more than 100 participants for shore fishing contests;
new text end

new text begin (2) entry fees are more than $25 per person; or
new text end

new text begin (3) the contest is limited to trout species.
new text end

new text begin (b)new text end The commissioner shall charge a fee for the permit that recovers the costs of
issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding
section 16A.1283, the commissioner may, by written order published in the State Register,
establish contest permit fees. The fees are not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.

deleted text begin (b)deleted text end new text begin(c) The commissioner may require the applicant to furnish evidence of financial
responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000
new text endif entry fees are over $25 per person, or total prizes are valued at more than $25,000, and
if the applicant has either:

(1) not previously conducted a fishing contest requiring a permit under this
subdivision; or

(2) ever failed to make required prize awards in a fishing contest conducted by
the applicantdeleted text begin, the commissioner may require the applicant to furnish the commissioner
evidence of financial responsibility in the form of a surety bond or bank letter of credit in
the amount of $25,000
deleted text end.

deleted text begin (c)deleted text end new text begin(d) new text endThe permit fee for any individual contest may not exceed the following
amounts:

(1) $60 for an open water contest not exceeding 50 boats and without off-site
weigh-in;

(2) $200 for an open water contest with more than 50 boats and without off-site
weigh-in;

(3) $250 for an open water contest not exceeding 50 boats with off-site weigh-in;

(4) $500 for an open water contest with more than 50 boats with off-site weigh-in; or

(5) $120 for an ice fishing contest with more than 150 participants.

Sec. 59.

Minnesota Statutes 2010, section 97C.081, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Contests without a permit. new text end

new text begin A person may conduct a fishing contest
without a permit from the commissioner if:
new text end

new text begin (1) the contest is not limited to specifically named waters;
new text end

new text begin (2) all the contest participants are age 18 years or under;
new text end

new text begin (3) the contest is limited to rough fish; or
new text end

new text begin (4) the total prize value is $500 or less.
new text end

Sec. 60.

Minnesota Statutes 2010, section 97C.087, subdivision 2, is amended to read:


Subd. 2.

Application for tag.

Application for special fish management tags must
be accompanied by a $5, nonrefundable application fee for each tag. A person may not
make more than one tag application eachnew text begin calendarnew text end year. If a person makes more than one
application, the person is ineligible for a special fish management tag for that deleted text beginseasondeleted text endnew text begin
calendar year
new text end after determination by the commissioner, without a hearing.

Sec. 61.

Minnesota Statutes 2010, section 97C.205, is amended to read:


97C.205 TRANSPORTING AND STOCKING FISH.

(a) Except on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:

(1) is being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;

(2) is being transported for a fishing contest weigh-in under section 97C.081;

(3) is a minnow being transported under section 97C.505 or 97C.515;

(4) is being transported by a commercial fishing license holder under section
97C.821; or

(5) is being transported as otherwise authorized in this section or as prescribed for
certifiable diseases under sections 17.46 to 17.4999.

(b) The commissioner may adopt rules to allow and regulate:

(1) the transportation of fish and fish eggs; and

(2) the stocking of waters with fish or fish eggs.

(c) The commissioner must allow the possession of fish on special management or
experimental waters to be prepared as a meal on the ice or on the shore of that water
body if the fish:

(1) were lawfully taken;

(2) have been packaged by a licensed fish packer; and

(3) do not otherwise exceed the statewide possession limits.

(d) The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:

(1) prescribe methods to acquire brood stock for the ponds by seining public waters;

(2) allow the sporting organizations to own and use seines and other necessary
equipment; and

(3) prescribe methods for stocking the fish in public waters that give priority to the
needs of the community where the fish are reared and the desires of the organization
operating the rearing pond.

(e) A person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
and brown bullheads taken by anglingnew text begin, except as otherwise ordered by the commissioner
upon documentation of an emergency fish disease in Minnesota waters, as defined in
section 17.4982, subdivision 9
new text end. No more than four of each species may be transported at
any one time, and any individual fish can be no longer than ten inches in total length.new text begin The
commissioner may, by written order published in the State Register, prohibit transportation
of live fish under this paragraph to help prevent spread of an emergency fish disease
documented to occur in Minnesota waters. The order is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
new text end

Sec. 62.

Minnesota Statutes 2010, section 97C.211, subdivision 5, is amended to read:


Subd. 5.

Price of deleted text beginwalleyedeleted text endnew text begin game fishnew text end frynew text begin and eggsnew text end.

The commissioner may deleted text beginnotdeleted text end sell
deleted text begin walleyedeleted text endnew text begin or barter game fishnew text end fry new text beginor eggs new text endfor new text beginnot new text endless than deleted text beginfair market value, defined as the
average price charged by private walleye fry wholesalers located in Minnesota
deleted text endnew text begin the cost
associated with the production of eggs or fry
new text end.

Sec. 63.

Minnesota Statutes 2010, 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 The commissioner may, by written order published in
the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
their use. The order is exempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.
new 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 presentnew text begin, except as
provided in paragraph (c)
new text end. For purposes of this paragraph, "bait" includes fish, aquatic
worms, amphibians, invertebrates, and insects used for deleted text beginanglingdeleted text endnew text begin taking wild animals in
waters of the state
new text end.

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

new text begin (1) fresh or frozen bait only on Lake Superior; or
new text end

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

new text begin (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:
new text end

new text begin (1) water body source;
new text end

new text begin (2) lot number;
new text end

new text begin (3) company contact including name, phone, and address;
new text end

new text begin (4) date of packaging and labeling; and
new text end

new text begin (5) valid negative fish health certification from the source water body.
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. 64.

new text begin [97C.342] CERTIFICATION THAT FROZEN OR DEAD FISH BAIT
ARE DISEASE FREE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "Water body" means waters identified by a unique Department of Natural
Resources public water identification number; a body of water that has defined boundaries
and that has no Department of Natural Resources public water identification number; or
a section of stream designated by a Kittle number, lock and dam numbering system, or
to the upstream and downstream barrier.
new text end

new text begin (2) "Commercial license" means a license issued under section 97A.475, subdivision
26, 27, 29, or 30.
new text end

new text begin Subd. 2. new text end

new text begin Bait restrictions. new text end

new text begin Frozen or dead fish on the official list of viral
hemorrhagic septicemia susceptible species published by the United States Department of
Agriculture, Animal and Plant Health Inspection Services; cisco (all Coregonus, including
lake herring and tullibee); and smelt (all Osmerus, Spirincus, Hypomesus, and Allosmerus)
being used as bait in waters of the state must originate from water bodies certified disease
free. Certification for these water bodies is valid for one year from the date of test results.
new text end

new text begin Subd. 3. new text end

new text begin Testing requests. new text end

new text begin As a part of commercial licensing procedures, a list of
water bodies requiring a fish health certification for commercial bait harvest must be
provided to the commissioner no later than March 1 of each year, except in 2011 the list
must be provided by August 1.
new text end

new text begin Subd. 4. new text end

new text begin Certification fees. new text end

new text begin Notwithstanding section 16A.1283, the commissioner
may by written order published in the State Register, establish fees for the services and
testing required to issue health certifications for a water body. The fees must be set in an
amount that does not recover significantly more or less than the costs of providing services
to health-certify a water body. The fees are not subject to the rulemaking provisions of
chapter 14 and sections 14.125 and 14.386 do not apply. The services covered under
this subdivision include:
new text end

new text begin (1) cost of collecting the species for testing;
new text end

new text begin (2) fish health inspection and certification, including initial tissue sample collection,
basic fish health assessment, and fish disease testing; and
new text end

new text begin (3) administrative overhead for tracking and documentation of testing.
new text end

new text begin Subd. 5. new text end

new text begin Transportation permit requirements. new text end

new text begin A commercial licensee harvesting
from a certified disease-free water body must obtain a live fish importation, transportation,
and stocking permit to move fish from that source. A live fish importation, transportation,
and stocking permit may be used for multiple shipments within a 30-day term period if
the source and destination remain the same. The commercial licensee must contact the
department within 24 hours of exercising the permit. Permits may be issued through the
department's regional offices or St. Paul office and must be obtained prior to moving fish
as approved for movement from these certified disease-free water bodies.
new text end

new text begin Subd. 6. new text end

new text begin Reporting requirements. new text end

new text begin A commercial licensee harvesting bait under
this section must maintain records on forms provided by the commissioner for each lot
of frozen or dead fish for sale as bait. The records must include the lot number for each
batch of frozen or dead fish, water body health certification documentation, transportation
permit number, and other information as specified on the reporting form. The commercial
licensee must enter required records onto forms within 24 hours of packaging and labeling
each lot of fish. The commercial licensee must retain records for three years following
the year of creation. All records required to be retained must be open to inspection by
the commissioner at any reasonable time.
new text end

new text begin Subd. 7. new text end

new text begin Labeling requirements. new text end

new text begin Frozen or dead fish from certified disease-free
water bodies that are being sold as bait must be labeled. The seller of the product is
responsible for making sure the items are labeled according to this section. Each container
or package of frozen or dead fish bait must have the following information:
new text end

new text begin (1) Department of Natural Resources certified water body number;
new text end

new text begin (2) Department of Natural Resources transportation permit number;
new text end

new text begin (3) lot number;
new text end

new text begin (4) date of harvest from water body;
new text end

new text begin (5) date of packaging and labeling;
new text end

new text begin (6) bait store or vendor name where purchased; and
new text end

new text begin (7) disease-free certification date.
new text end

new text begin Subd. 8. new text end

new text begin Persons using frozen or dead fish bait. new text end

new text begin A person on, or taking wild
animals in, waters of the state with frozen or dead fish bait must possess all labeling as
prescribed under subdivision 7. The person must retain the labeling until the bait is used
and no longer in the person's possession.
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. 65.

Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:


Subd. 9.

Powers and duties.

In addition to the powers and duties prescribed
elsewhere, the board shall:

(1) coordinate the water and soil resources planningnew text begin and implementationnew text end activities of
counties, soil and water conservation districts, watershed districts, watershed management
organizations, and any other local units of government through its various authorities for
approval of local plans, administration of state grants,new text begin contracts and easements,new text end and by
other means as may be appropriate;

(2) facilitate communication and coordination among state agencies in cooperation
with the Environmental Quality Board, and between state and local units of government,
in order to make the expertise and resources of state agencies involved in water and soil
resources management available to the local units of government to the greatest extent
possible;

(3) coordinate state and local interests with respect to the study in southwestern
Minnesota under United States Code, title 16, section 1009;

(4) develop information and education programs designed to increase awareness
of local water and soil resources problems and awareness of opportunities for local
government involvement in preventing or solving them;

(5) provide a forum for the discussion of local issues and opportunities relating
to water and soil resources management;

(6) adopt an annual budget and work program that integrate the various functions
and responsibilities assigned to it by law; and

(7) report to the governor and the legislature by October 15 of each even-numbered
year with an assessment of board programs and recommendations for any program
changes and board membership changes necessary to improve state and local efforts
in water and soil resources management.

The board may accept grants, gifts, donations, or contributions in money, services,
materials, or otherwise from the United States, a state agency, or other source to achieve
an authorizednew text begin or delegatednew text end purpose. The board may enter into a contract or agreement
necessary or appropriate to accomplish the transfer.new text begin The board may conduct or participate
in local, state, or federal programs or projects that have as one purpose or effect the
preservation or enhancement of water and soil resources and may enter into and administer
agreements with local governments or landowners or their designated agents as part
of those programs or projects.
new text end The board may receive and expend money to acquire
conservation easements, as defined in chapter 84C, on behalf of the state and federal
government consistent with the Camp Ripley's Army Compatible Use Buffer Project.

Any money received is hereby deposited in an account in a fund other than the
general fund and appropriated and dedicated for the purpose for which it is granted.

Sec. 66.

Minnesota Statutes 2010, section 116.07, subdivision 7d, is amended to read:


Subd. 7d.

Exemption.

new text begin(a) new text endNotwithstanding subdivision 7 or Minnesota Rules,
chapter 7020, to the contrary, and notwithstanding the proximity to public or private
waters, an owner or resident of agricultural land on which livestock have been allowed to
pasture deleted text beginas defined by Minnesota Rules, chapter 7020,deleted text end at any time during the ten-year period
beginning January 1, deleted text begin1990deleted text endnew text begin 2010new text end, is permanently exempt from requirements related to
feedlot or manure management on that land for so long as the property remains in pasture.

new text begin (b) For the purposes of this subdivision, "pasture" means areas where livestock graze
on grass or other growing plants. Pasture also means agricultural land where livestock are
allowed to forage during the winter time and which land is used for cropping purposes
in the growing season. In either case, the concentration of animals must be such that a
vegetative cover, whether of grass, growing plants, or crops, is maintained during the
growing season except in the immediate vicinity of temporary supplemental feeding
or watering devices.
new text end

Sec. 67.

new text begin [348.125] COYOTE CONFLICT MANAGEMENT OPTION.
new text end

new text begin A county or town board may, by resolution, offer a bounty for the taking of coyotes
(Canis latrans) by all legal methods. The resolution may be made applicable to the whole
or any part of the county or town. The bounty must apply during the months specified in
the resolution and be in an amount determined by the board.
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. 68.

Minnesota Statutes 2010, section 604A.12, is amended to read:


604A.12 LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings given them.

(b) "Inherent risks of livestock activities" means dangers or conditions that are an
integral part of livestock activities, including:

(1) the propensity of livestock to behave in ways that may result in death or injury to
persons on or around them, such as kicking, biting, deleted text beginordeleted text end buckingnew text begin, or chargingnew text end;

(2) the unpredictability of livestock's reaction to things like sound, sudden
movement, unfamiliar objects, persons, or other animals;

(3) natural hazards such as surface or subsurface conditions; or

(4) collisions with other livestock or objects.

(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies,
goats, buffalo, llamas, or poultry.

(d) "Livestock activity" means an activity involving the maintenance or use of
livestock, regardless of whether the activity is open to the general public, new text beginand, except in
the case of livestock grazing under clause (7),
new text endprovided the activity is not performed for
profit. Livestock activity includes:

(1) livestock production;

(2) loading, unloading, or transporting livestock;

(3) livestock shows, fairs, competitions, performances, races, rodeos, or parades;

(4) livestock training or teaching activities;

(5) boarding, shoeing, or grooming livestock; deleted text beginor
deleted text end

(6) riding or inspecting livestock or livestock equipmentnew text begin; or
new text end

new text begin (7) the use of state property for livestock grazing, pursuant to an agreement with the
commissioner of natural resources
new text end.

(e) "Livestock activity sponsor" means a person who sponsors, organizes, or
provides the facilities for a livestock activity that is open to the general public.

(f) "Participant" means a person who directly and intentionally engages in a livestock
activity. Participant does not include a spectator who is in an authorized area.

Subd. 2.

Immunity from liabilitynew text begin; livestock eventsnew text end.

deleted text beginExcept as provided in
subdivision 3,
deleted text end A nonprofit corporation, association, or organization, or a person or other
entity donating services, livestock, facilities, or equipment for the use of a nonprofit
corporation, association, or organization, is not liable for the death of or an injury to a
participant resulting from the inherent risks of livestock activities.

Subd. 3.

Exceptionsnew text begin; livestock eventsnew text end.

Subdivision 2 does not apply if any of
the following exist:

(1) the person provided livestock for the participant and failed to make reasonable
efforts to determine the ability of the participant to safely engage in the livestock activity
or to determine the ability of the participant to safely manage the particular livestock
based on the participant's representations of the participant's ability;

(2) the person provided equipment or tack for the livestock and knew or should have
known that it was faulty to the extent that it caused the injury or death;

(3) the person owns or leases the land upon which a participant was injured or died
because of a human-made dangerous latent condition and failed to use reasonable care
to protect the participant;

(4) the person is a livestock activity sponsor and fails to comply with the notice
requirement of subdivision 4; or

(5) the act or omission of the person was willful or negligent.

new text begin Subd. 3a. new text end

new text begin Immunity from liability; grazing on public lands. new text end

new text begin (a) Any person
or entity grazing livestock on state lands under an agreement with the commissioner
of natural resources is not liable for damage to property or the death of or an injury to
a person due to the inherent risks of livestock activities.
new text end

new text begin (b) This subdivision does not apply if the person or entity grazing the livestock:
new text end

new text begin (1) fails to exercise reasonable care in using the land for grazing or in managing
the livestock; or
new text end

new text begin (2) maintains a condition in material violation of an agreement with the
commissioner of natural resources for use of the land, and the condition contributed
to the damage, death, or injury.
new text end

Subd. 4.

Posting notice.

new text begin(a) new text endA livestock activity sponsor shall post plainly visible
signs at one or more prominent locations in the premises where the livestock activity takes
place that include a warning of the inherent risks of livestock activity and the limitation of
liability under this section.

new text begin (b) The commissioner of natural resources shall post plainly visible signs at one or
more prominent locations on any state property being used for grazing purposes pursuant
to an agreement with the commissioner. The signs shall include a warning of the inherent
risks of livestock activity, and the limitations of liability provided in this section and
any other applicable law.
new text end

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin This section is effective the day
following final enactment and applies to causes of action arising on or after that date. The
commissioner shall post notice as required by subdivision 4 on any property subject to a
livestock grazing agreement on the effective date of this section within 60 days of that date.
new text end

Sec. 69.

Minnesota Statutes 2010, section 604A.24, is amended to read:


604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS;
MUNICIPAL POWER AGENCY LAND.

Unless otherwise agreed in writing, sections 604A.22 and 604A.23 also apply to
the duties and liability of an owner of the following land:

(1) land leased to the state or any political subdivision for recreational purpose; or

(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave,
and to which water the public has access from a water access site operated by a public
entity; deleted text beginor
deleted text end

(3) land of which a municipal power agency is an owner and that is used for
recreational trail purposes, and other land of a municipal power agency which is within
300 feet of such land if the entry onto such land was from land that is dedicated for
recreational purposes or recreational trail usenew text begin; or
new text end

new text begin (4) land leased to the state or otherwise subject to an agreement or contract for
purposes of a state-sponsored walk-in access program
new text end.

Sec. 70. new text beginRULEMAKING; GAME FARMS.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts
6242.0900, subpart 1, and 6242.1000, subpart 1, to allow an option for game farm
licensees to use approved report and sales receipt formats.
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. 71. new text beginSHALLOW LAKES MANAGEMENT REPORT.
new text end

new text begin By January 1, 2012, the commissioner of natural resources shall submit a report to
the senate and house of representatives committees and divisions with jurisdiction over
natural resources policy that includes:
new text end

new text begin (1) a summary of the science and ecology of shallow lakes;
new text end

new text begin (2) a summary of the significance of shallow lakes to continental and state waterfowl
populations and Minnesota's waterfowl heritage;
new text end

new text begin (3) examples and documented results of previous temporary water-level management
activities;
new text end

new text begin (4) a list of current statutes and rules applicable to shallow lakes including, but not
limited to, water-level management of shallow lakes; and
new text end

new text begin (5) a list of any changes to statute necessary that would allow the commissioner of
natural resources, through shallow lake management, to better achieve the state's wildlife
habitat and clean water goals and address the threats of invasive species.
new text end

Sec. 72. new text beginRULEMAKING; SPEARING ON CASS LAKE.
new text end

new text begin The commissioner of natural resources shall amend Minnesota Rules, part
6264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The
commissioner may use the good cause exemption under Minnesota Statutes, section
14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
apply except as provided under Minnesota Statutes, section 14.388. The commissioner
shall not adopt restrictions on spearing northern pike on Cass Lake under Minnesota
Statutes, section 97C.001 or 97C.005.
new text end

Sec. 73. new text beginDEER HUNTING RULES.
new text end

new text begin (a) If the commissioner of natural resources adopts a rule applicable for the Series
300 deer permit areas that imposes an antler point restriction for taking antlered deer,
other than that imposed under Minnesota Rules, part 6232.0200, subpart 6, the rule must
expire after the 2012 deer hunting season.
new text end

new text begin (b) The commissioner of natural resources may not reinstate an antler point
restriction for the Series 300 deer permit areas, other than that imposed under Minnesota
Rules, part 6232.0200, subpart 6, after the 2012 deer hunting season unless the legislature
approves the antler point restriction.
new text end

new text begin (c) The commissioner of natural resources shall amend Minnesota Rules, part
6232.1300, subpart 3, item B, to allow legal bucks to be taken in season option A for a
nine-day period beginning the Saturday nearest November 6. 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 in Minnesota Statutes, section 14.388.
new text end

Sec. 74. new text beginCONSUMPTIVE USE OF WATER.
new text end

new text begin Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature
approves of the consumptive use of water under a permit of more than 2,000,000 gallons
per day average in a 30-day period in Cook County, in connection with snowmaking
and potable water. Notwithstanding any other law to the contrary, the permit for the
consumptive use of water approved under this section shall be issued, subject to the
fees specified under Minnesota Statutes, section 103G.271, without any additional
administrative process to withdraw up to 150,000,000 gallons of water annually for
snowmaking and potable water purposes. The permit authorized under this section shall
be suspended if the flow of the Poplar River falls below 15 cubic feet per second for more
than five consecutive days. The permit authorized under this section shall be reinstated
when the flow of the Poplar River resumes to 15 cubic feet per second or greater. The
permit shall be for a term of five years.
new text end

Sec. 75. new text beginINTEREST IN LANDS EXTENDED.
new text end

new text begin Notwithstanding any law to the contrary, Dakota County's reversionary interests in
lands deeded by Dakota County to the state of Minnesota, as contemplated by Laws 1975,
chapter 382, and currently maintained and used for the purposes of a state zoological
garden in Apple Valley, Minnesota, to wit, those lands described in documents recorded in
the Dakota County Property Records Office as Document No. 433980 and Document No.
439719, excluding lands subject to that certain quit claim deed recorded as Document No.
1246646 and excluding lands subject to that certain quit claim deed recorded as Document
No. 1330383, are extended and remain permanently valid and operative.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon compliance by the Dakota
County Board of Commissioners with the provisions of Minnesota Statutes, section
645.021.
new text end

Sec. 76. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, and 4; 97A.015,
subdivisions 26b, 27b, and 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3;
and 97C.081, subdivision 2,
new text end new text begin are repealed.
new text end