SF 1116

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to game and fish; modifying refund provisions; modifying certain
definitions; modifying publication requirements; modifying restrictions in
migratory feeding and resting areas; providing certain exemptions from
local law; modifying wild animal and fish taking, possession, and licensing
requirements; authorizing certain fees; modifying certain fees; modifying
restrictions and conforming penalties on shining artificial lights; requiring
rulemaking; amending Minnesota Statutes 2008, sections 17.4981; 17.4988,
subdivision 3; 84.788, subdivision 11; 84.798, subdivision 10; 84.82, subdivision
11; 84.922, subdivision 12; 86B.415, subdivision 11; 97A.015, by adding a
subdivision; 97A.051, subdivision 2; 97A.095, subdivision 2; 97A.137, by
adding a subdivision; 97A.331, subdivision 2; 97A.445, subdivision 1, by adding
a subdivision; 97A.451, subdivision 2, by adding a subdivision; 97A.465,
subdivisions 1b, 5; 97A.473, subdivision 1, by adding subdivisions; 97A.4742,
subdivision 1; 97A.475, subdivisions 3, 7, 11, 12, 29; 97A.525, subdivision 1;
97B.081; 97B.086; 97B.111, subdivision 1; 97B.328, subdivision 3; 97B.651;
97B.811, subdivisions 2, 3; 97C.081, subdivisions 2, 3, 4, 6, 9; 97C.335;
97C.345, subdivision 2; 97C.371, by adding a subdivision; 97C.375; proposing
coding for new law in Minnesota Statutes, chapter 97C; repealing Minnesota
Statutes 2008, sections 97A.525, subdivision 2; 97C.405.

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

Section 1.

Minnesota Statutes 2008, section 17.4981, is amended to read:

17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC
FARMS.

(a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life
is not wildlife. Aquatic farms must be licensed and given classifications to prevent or
minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:

(1) prevent public aquatic life from entering an aquatic farm;

(2) prevent release of nonindigenous or exotic species into public waters without
approval of the commissioner;

(3) protect against release of disease pathogens to public waters;

(4) protect existing natural aquatic habitats and the wildlife dependent on them; and

(5) protect private aquatic life from unauthorized taking or harvest.

(b) Private aquatic life that is legally acquired and possessed is an article of interstate
commerce and may be restricted only as necessary to protect state fish and water resources.

(c) The commissioner of natural resources shall establish license and other fees as
provided in section 16A.1285, subdivision 2, that would make aquaculture licensing
and enforcement self-sustaining. new text begin Notwithstanding section 16A.1283, the commissioner
may, by written order published in the State Register, establish the fees required by this
section. The fees are not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply. new text end The commissioner shall develop best management practices for
aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for
aquaculture, including, but not limited to, fish farming in man-made ponds.

Sec. 2.

Minnesota Statutes 2008, section 17.4988, subdivision 3, is amended to read:

Subd. 3.

Inspection new text begin and additional new text end fees.

new text begin Notwithstanding section 16A.1283, new text end the
commissioner may, by written order published in the State Register, establish fees for the
services listed in clauses (1) to (3) new text begin and the additional fee required under subdivision 2,
paragraph (a) new text end . The fees must be set in an amount that does not recover significantly more
or less than the cost of providing the service. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The services covered under
this provision include:

(1) initial inspection of each water to be licensed;

(2) fish health inspection and certification, including initial tissue sample collection,
basic fish health assessment, viral pathogen testing, and bacteriological testing; and

(3) initial inspection for containment and quarantine facility inspections.

Sec. 3.

Minnesota Statutes 2008, section 84.788, subdivision 11, is amended to read:

Subd. 11.

Refunds.

The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
months deleted text end new text begin 60 days new text end of the original registration new text begin , the registration is not used or transferred, new text end and:

(1) the off-highway motorcycle was registered incorrectly deleted text begin by the commissioner
or the deputy registrar deleted text end ; or

(2) the off-highway motorcycle was registered twice, once by the dealer and once by
the customer.

Sec. 4.

Minnesota Statutes 2008, section 84.798, subdivision 10, is amended to read:

Subd. 10.

Refunds.

The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (b), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
months deleted text end new text begin 60 days new text end of the original registration deleted text begin and the vehicle was registered incorrectly by
the commissioner or the deputy registrar deleted text end new text begin , the registration is not used or transferred, and:
new text end

new text begin (1) the off-road vehicle was registered incorrectly; or
new text end

new text begin (2) the off-road vehicle was registered twice, once by the dealer and once by the
customer new text end .

Sec. 5.

Minnesota Statutes 2008, section 84.82, subdivision 11, is amended to read:

Subd. 11.

Refunds.

The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
months deleted text end new text begin 60 days new text end of the original registration new text begin , the registration is not used or transferred, new text end and:

(1) the snowmobile was registered incorrectly deleted text begin by the commissioner or the deputy
registrar deleted text end ; or

(2) the snowmobile was registered twice, once by the dealer and once by the
customer.

Sec. 6.

Minnesota Statutes 2008, section 84.922, subdivision 12, is amended to read:

Subd. 12.

Refunds.

The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section 84.027,
subdivision 15, paragraph (a), clause (3), if the refund request is received within deleted text begin 12
months deleted text end new text begin 60 days new text end of the original registration new text begin , the registration is not used or transferred, new text end and:

(1) the vehicle was registered incorrectly deleted text begin by the commissioner or the deputy
registrar deleted text end ; or

(2) the vehicle was registered twice, once by the dealer and once by the customer.

Sec. 7.

Minnesota Statutes 2008, section 86B.415, subdivision 11, is amended to read:

Subd. 11.

Refunds.

The commissioner may issue a refund on a license or title, not
including any issuing fees paid under subdivision 8 or section 84.027, subdivision 15,
paragraph (a), clause (3), or 86B.870, subdivision 1, paragraph (b), if the refund request
is received within deleted text begin 12 months deleted text end new text begin 60 days new text end of the original license or title new text begin , the license or title
is not used or transferred, new text end and:

(1) the watercraft was licensed or titled incorrectly deleted text begin by the commissioner or the
deputy registrar deleted text end ;

(2) the customer was incorrectly charged a title fee; or

(3) the watercraft was licensed or titled twice, once by the dealer and once by the
customer.

Sec. 8.

Minnesota Statutes 2008, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Bow fishing. new text end

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

Sec. 9.

Minnesota Statutes 2008, section 97A.051, subdivision 2, is amended to read:

Subd. 2.

Summary of fish and game laws.

(a) The commissioner shall prepare a
summary of the hunting and fishing laws and rules and deliver a sufficient supply to
deleted text begin county auditors deleted text end new text begin license vendors new text end to furnish one copy to each person obtaining a hunting,
fishing, or trapping license.

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

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

Sec. 10.

Minnesota Statutes 2008, section 97A.095, subdivision 2, is amended to read:

Subd. 2.

Waterfowl feeding and resting areas.

The commissioner may, by rule,
designate any part of a lake as a migratory feeding and resting area. Before designation,
the commissioner must receive a petition signed by at least ten local resident licensed
hunters describing the area of a lake that is a substantial feeding or resting area for
migratory waterfowl, and find that the statements in the petition are correct, and that
adequate, free public access to the lake exists near the designated area. The commissioner
shall post the area as a migratory waterfowl feeding and resting area. Except as authorized
in rules adopted by the commissioner, a person may not enter a posted migratory waterfowl
feeding and resting area, during a period when hunting of migratory waterfowl is allowed,
with watercraft or aircraft propelled by a motor, other than an electric motor deleted text begin of less than
30 pounds thrust deleted text end new text begin with battery power of 12 volts or less new text end . The commissioner may, by rule,
further restrict the use of electric motors in migratory waterfowl feeding and resting areas.

Sec. 11.

Minnesota Statutes 2008, section 97A.137, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Exemption from certain local ordinances. new text end

new text begin (a) Wildlife management
areas that are established according to section 86A.05, subdivision 8; designated under
section 97A.133 or 97A.145; and 160 contiguous acres or larger are exempt from local
ordinances that limit the use and management of the unit as authorized by state law.
new text end

new text begin (b) Wildlife management areas that are established according to section 86A.05,
subdivision 8; designated under section 97A.133 or 97A.145; and at least 40 contiguous
acres and less than 160 contiguous acres are exempt from local ordinances that:
new text end

new text begin (1) restrict trapping;
new text end

new text begin (2) restrict the discharge of archery equipment;
new text end

new text begin (3) restrict the discharge of shotguns with shot sizes of F or .22 inch diameter or
smaller shot;
new text end

new text begin (4) restrict noise;
new text end

new text begin (5) require dogs on a leash; or
new text end

new text begin (6) would in any manner restrict the management of the unit as authorized by
state law.
new text end

Sec. 12.

Minnesota Statutes 2008, section 97A.331, subdivision 2, is amended to read:

Subd. 2.

Shining.

A person that violates section 97B.081, new text begin subdivision 1, new text end relating to
the use of an artificial light to locate wild animals deleted text begin while in possession of a firearm, bow, or
other implement capable of killing big game deleted text end is guilty of a gross misdemeanor.

Sec. 13.

Minnesota Statutes 2008, section 97A.445, subdivision 1, is amended to read:

Subdivision 1.

Angling; Take a Kid Fishing Weekends.

A resident deleted text begin over age 18 deleted text end new text begin age
16 years or older new text end may take fish by angling without an angling or fish house license during
one three-day consecutive period of the open water angling season and one three-day
consecutive period of the ice angling season designated by rule of the commissioner
if accompanied by a child who is under age 16. The commissioner shall publicize the
three-day periods as "Take a Kid Fishing Weekend" for the open water angling season and
"Take a Kid Ice Fishing Weekend" for the ice angling season.

Sec. 14.

Minnesota Statutes 2008, section 97A.445, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Angling in a state park. new text end

new text begin A resident may take fish by angling without
an angling license when shore fishing or wading on state-owned land within a state park.
When angling from a boat or float, this subdivision applies only to those water bodies
completely encompassed within the statutory boundary of the state park. The exemption
from an angling license does not apply to waters where a trout stamp is required.
new text end

Sec. 15.

Minnesota Statutes 2008, section 97A.451, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Angling; residents 90 years of age or older. new text end

new text begin A resident who is 90 years
of age or older may take fish without a license.
new text end

Sec. 16.

Minnesota Statutes 2008, section 97A.451, subdivision 2, is amended to read:

Subd. 2.

Residents under age 16; fishing.

A resident under the age of 16 years
may take fish without a license. new text begin A person authorized to issue licenses must issue a license
to a resident under the age of 16 without a fee to net ciscoes and whitefish for personal
consumption under section 97A.475, subdivision 13.
new text end

Sec. 17.

Minnesota Statutes 2008, section 97A.465, subdivision 1b, is amended to read:

Subd. 1b.

Residents discharged from active service.

(a) A resident who has served
at any time during the preceding 24 months in federal active service, as defined in section
190.05, subdivision 5c, outside the United States as a member of the National Guard, or as
a reserve component or active duty member of the United States armed forces and has
been discharged from active service may take small game and fish without a license if the
resident possesses official military discharge papers. The resident must obtain the seals,
tags, and coupons required of a licensee, which must be furnished without charge.

(b) The commissioner shall issue, without fee, a deer license new text begin and an either-sex deer
permit new text end to a resident who has served at any time during the preceding 24 months in federal
active service, as defined in section 190.05, subdivision 5c, outside the United States as a
member of the National Guard, or as a reserve component or active duty member of the
United States armed forces and has been discharged from active service. Eligibility under
this paragraph is limited to one license new text begin and one permit new text end per resident.

Sec. 18.

Minnesota Statutes 2008, 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 who new 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 reserves new 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 70 percent or more as defined by the
United States Veterans Administration 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 deleted text begin may deleted text end new text begin shall new text end 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. 19.

Minnesota Statutes 2008, section 97A.473, subdivision 1, is amended to read:

Subdivision 1.

Resident lifetime licenses authorized.

(a) The commissioner may
issue a lifetime angling license, new text begin a lifetime spearing license, a lifetime angling and spearing
license, new text end a lifetime small game hunting license, a lifetime firearm or archery deer hunting
license, deleted text begin or deleted text end a lifetime sporting license new text begin or a lifetime sporting with spearing option license new text end to
a person who is a resident of the state for at least one year or who is under age 21 and the
child of a person who is a resident of the state for at least one year. The license fees paid
for a lifetime license are nonrefundable.

(b) The commissioner may require the holder of a lifetime license issued under this
section to notify the department each year that the license is used, by:

(1) telephone or Internet notification, as specified by the commissioner;

(2) the purchase of stamps for the license; or

(3) registration and tag issuance, in the case of the resident lifetime deer license.

Sec. 20.

Minnesota Statutes 2008, section 97A.473, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Lifetime spearing license; fee. new text end

new text begin (a) A resident lifetime spearing license
authorizes a person to take fish by spearing in the state. The license authorizes those
activities authorized by the annual resident spearing license.
new text end

new text begin (b) The fees for a resident lifetime spearing license are:
new text end

new text begin (1) age 3 and under, $258;
new text end

new text begin (2) age 4 to age 15, $320;
new text end

new text begin (3) age 16 to age 50, $372; and
new text end

new text begin (4) age 51 and over, $173.
new text end

Sec. 21.

Minnesota Statutes 2008, section 97A.473, is amended by adding a
subdivision to read:

new text begin Subd. 2b. new text end

new text begin Lifetime angling and spearing license; fee. new text end

new text begin (a) A resident lifetime
angling and spearing license authorizes a person to take fish by angling or spearing in the
state. The license authorizes those activities authorized by the annual resident angling
and spearing licenses.
new text end

new text begin (b) The fees for a resident lifetime angling and spearing license are:
new text end

new text begin (1) age 3 and under, $485;
new text end

new text begin (2) age 4 to age 15, $620;
new text end

new text begin (3) age 16 to age 50, $755; and
new text end

new text begin (4) age 51 and over, $376.
new text end

Sec. 22.

Minnesota Statutes 2008, section 97A.473, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Lifetime sporting with spearing option license; fee. new text end

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

new text begin (b) The fees for a resident lifetime sporting license are:
new text end

new text begin (1) age 3 and under, $615;
new text end

new text begin (2) age 4 to age 15, $800;
new text end

new text begin (3) age 16 to age 50, $985; and
new text end

new text begin (4) age 51 and over, $586.
new text end

Sec. 23.

Minnesota Statutes 2008, section 97A.4742, subdivision 1, is amended to read:

Subdivision 1.

Establishment; purpose.

The lifetime fish and wildlife trust fund
is established as a fund in the state treasury. All money received from the issuance of
lifetime angling, new text begin spearing, angling and spearing, new text end small game hunting, deer hunting, deleted text begin and deleted text end
sporting new text begin , and sporting with spearing option new text end licenses and earnings on the fund shall be
credited to the lifetime fish and wildlife trust fund.

Sec. 24.

Minnesota Statutes 2008, section 97A.475, subdivision 3, is amended to read:

Subd. 3.

Nonresident hunting.

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

(1) for persons age 18 or over to take small game, $73;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $135;

(3) for persons age 18 new text begin or over new text end to take deer by archery, $135;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135;

(5) to take bear, $195;

(6) for persons age 18 and older to take turkey, $78;

(7) for persons under age 18 to take turkey, $12;

(8) to take raccoon or bobcat, $155;

(9) multizone license to take antlered deer in more than one zone, $270;

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

(11) for persons under age 18 to take deer with firearms during the regular firearms
season in any open season option or time period, $13;

(12) for persons under age 18 to take deer by archery, $13; and

(13) for persons under age 18 to take deer during the muzzleloader season, $13.

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (9). An additional commission may not be assessed on this
surcharge.

Sec. 25.

Minnesota Statutes 2008, 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; deleted text begin and
deleted text end

(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 new text begin ; and
new text end

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

(b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clause (5). An additional commission may not be assessed
on this surcharge.

Sec. 26.

Minnesota Statutes 2008, section 97A.475, subdivision 11, is amended to read:

Subd. 11.

Fish houses deleted text begin and deleted text end new text begin , new text end dark houses new text begin , and shelters new text end ; residents.

Fees for the
following licenses are:

(1) annual for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $11.50;

(2) annual for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is rented, $26;

(3) three-year for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is not rented, $34.50; and

(4) three-year for a fish house deleted text begin or deleted text end new text begin , new text end dark house new text begin , or shelter new text end that is rented, $78.

Sec. 27.

Minnesota Statutes 2008, section 97A.475, subdivision 12, is amended to read:

Subd. 12.

Fish houses new text begin and shelters new text end ; nonresident.

Fees for fish house new text begin and shelter new text end
licenses for a nonresident are:

(1) annual, $33;

(2) seven consecutive days, $19; and

(3) three-year, $99.

Sec. 28.

Minnesota Statutes 2008, section 97A.475, subdivision 29, is amended to read:

Subd. 29.

Private fish hatcheries.

The fees for the following licenses to be issued
to residents and nonresidents are:

(1) for a private fish hatchery, with annual sales under $200, $70;

(2) for a private fish hatchery, with annual sales of $200 or more, $210 for the base
license. The commissioner must establish an additional fee based on the acreage of the
operation new text begin . Notwithstanding section 16A.1283, the commissioner may, by written order
published in the State Register, establish the additional fee required by this subdivision.
The fee is not subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply new text end ; and

(3) to take sucker eggs from public waters for a private fish hatchery, $400, plus
$6 for each quart in excess of 100 quarts.

Sec. 29.

Minnesota Statutes 2008, section 97A.525, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Residents deleted text end new text begin Generally new text end .

A deleted text begin resident deleted text end new text begin person new text end may transport wild animals
deleted text begin within the state deleted text end by common carrier without being in the vehicle if the deleted text begin resident deleted text end new text begin person new text end has
the license required to take the animals and they are shipped to the deleted text begin resident deleted text end new text begin person or to a
licensed taxidermist, tanner, or fur buyer new text end . deleted text begin The wild animals that may be transported
by common carrier are:
deleted text end

deleted text begin (1) deer, bear, elk, and moose;
deleted text end

deleted text begin (2) undressed game birds; and
deleted text end

deleted text begin (3) fish.
deleted text end

Sec. 30.

Minnesota Statutes 2008, section 97B.081, is amended to read:

97B.081 USING ARTIFICIAL LIGHTS TO LOCATE ANIMALS.

Subdivision 1.

With deleted text begin firearms and bows deleted text end new text begin implements to take wild animals new text end .

deleted text begin (a) deleted text end new text begin
Except as provided in subdivision 3, new text end a person may not cast the rays of a spotlight,
headlight, or other artificial light on a highway, or in a field, woodland, or forest, to spot,
locate, or take a wild animal deleted text begin , except while taking raccoons in accordance with section
97B.621, subdivision 3, or tending traps in accordance with section 97B.931, deleted text end while
having in possession, either individually or as one of a group of persons, a firearm, bow,
or other implement that could be used to deleted text begin kill deleted text end new text begin take new text end big game new text begin , small game, or unprotected
wild animals new text end .

deleted text begin (b) This subdivision does not apply to a firearm that is:
deleted text end

deleted text begin (1) unloaded;
deleted text end

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

deleted text begin (3) in the closed trunk of a motor vehicle.
deleted text end

deleted text begin (c) This subdivision does not apply to a bow that is:
deleted text end

deleted text begin (1) completely encased or unstrung; and
deleted text end

deleted text begin (2) in the closed trunk of a motor vehicle.
deleted text end

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

deleted text begin (e) This subdivision does not apply to persons taking raccoons under section
97B.621, subdivision 3.
deleted text end

deleted text begin (f) This subdivision does not apply to a person hunting fox or coyote from January 1
to March 15 while using a handheld artificial light, provided that the person:
deleted text end

deleted text begin (1) is on foot;
deleted text end

deleted text begin (2) is using a shotgun;
deleted text end

deleted text begin (3) is not within a public road right-of-way;
deleted text end

deleted text begin (4) is using a handheld or electronic calling device; and
deleted text end

deleted text begin (5) is not within 200 feet of a motor vehicle.
deleted text end

Subd. 2.

Without deleted text begin firearms deleted text end new text begin implements to take wild animals new text end .

(a) deleted text begin Between the
hours of 10:00 p.m. and 6:00 a.m. from September 1 to December 31, deleted text end new text begin Except as provided
in subdivision 3, from two hours after sunset until sunrise, new text end a person may not cast the rays
of a spotlight, headlight, or other artificial light new text begin on a highway, or new text end in a field, woodland,
or forest to spot deleted text begin , deleted text end new text begin or new text end locate deleted text begin , or take deleted text end a wild animal deleted text begin except to take raccoons under section
97B.621, subdivision 3, or to tend traps under section 97B.931 deleted text end .

(b) deleted text begin Between one-half hour after sunset until sunrise, deleted text end new text begin Except as provided in
subdivision 3, new text end a person may not cast the rays of a spotlight, headlight, or other artificial
light deleted text begin to spot, locate, or take a wild animal deleted text end on fenced, agricultural land deleted text begin containing
livestock, as defined in section 17A.03, subdivision 5, or poultry that is marked with signs
prohibiting the shining of lights. The signs must: deleted text end

deleted text begin (1) display reflectorized letters that are at least two inches in height and state "no
shining" or similar terms; and
deleted text end

deleted text begin (2) be placed at intervals of 1,000 feet or less along the boundary of the area.
deleted text end

deleted text begin (c) It is not a violation of paragraph (a) or (b) for a person to carry out any
agricultural, occupational, or recreational practice, including snowmobiling that is not
related to spotting, locating, or taking a wild animal.
deleted text end

deleted text begin (d) Between the hours of 6:00 p.m. and 6:00 a.m deleted text end . new text begin (c) Except as provided in
subdivision 3 new text end , a person may not deleted text begin project a spotlight or handheld deleted text end new text begin cast an artificial new text end light onto
residential property or building sites from a deleted text begin moving deleted text end motor vehicle deleted text begin being operated on
land, except for the following purposes:
deleted text end

deleted text begin (1) safety;
deleted text end

deleted text begin (2) emergency response;
deleted text end

deleted text begin (3) normal vehicle operations; or
deleted text end

deleted text begin (4) performing an occupational duty deleted text end .

new text begin (d) Except as provided in subdivision 3, a person may not at any time cast the rays of
a spotlight, headlight, or other artificial light onto property posted with signs prohibiting
the shining of lights onto the property. When signs are posted, the signs shall display
letters that are at least two inches in height and state "no shining" or similar terms and
shall be placed at intervals of 500 feet or less along the boundary of the property.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) It is not a violation of this section for a person to:
new text end

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

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

new text begin (i) on foot;
new text end

new text begin (ii) using a shotgun;
new text end

new text begin (iii) not within a public road right-of-way;
new text end

new text begin (iv) using a handheld or electronic calling device; and
new text end

new text begin (v) not within 200 feet of a motor vehicle; or
new text end

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

new text begin (i) on foot; and
new text end

new text begin (ii) not in possession of a firearm or bow.
new text end

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

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

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

Sec. 31.

Minnesota Statutes 2008, section 97B.086, is amended to read:

97B.086 POSSESSION OF NIGHT VISION EQUIPMENT.

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

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

(1) unloaded;

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

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

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

(1) completely encased or unstrung; and

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

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

(e) This section does not apply to night vision deleted text begin goggle deleted text end equipment possessed by peace
officers or military personnel while exercising their duties.

Sec. 32.

Minnesota Statutes 2008, section 97B.111, subdivision 1, is amended to read:

Subdivision 1.

Establishment; requirements.

The commissioner may establish
criteria, special seasons, and limits for persons who have a physical disability to take big
game and small game with firearms and by archery in designated areas. A person hunting
under this section who has a physical disability must have a verified statement of the
disability by a licensed physician and must be participating in a program for physically
disabled hunters sponsored by a nonprofit organization that is permitted under subdivision
2. new text begin Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt
participants to shoot from a stationary motor vehicle. new text end A license is not required for a person
to assist a physically disabled person hunting during a special season under this section.

Sec. 33.

Minnesota Statutes 2008, section 97B.328, subdivision 3, is amended to read:

Subd. 3.

Definition.

For purposes of this section, "bait or feed" includes grains,
fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer
and that has been placed by a person. Liquid scents, salt, new text begin and new text end minerals, deleted text begin and bird feeders
containing grains or nuts that are at least six feet above the ground deleted text end are not bait or feed.
new text begin Unharvested new text end food deleted text begin resulting deleted text end from deleted text begin normal or accepted deleted text end farming, forest management, wildlife
food plantings, orchard management, or other similar land management activities is not
bait or feed.

Sec. 34.

Minnesota Statutes 2008, section 97B.651, is amended to read:

97B.651 UNPROTECTED MAMMALS AND BIRDS.

new text begin Subdivision 1. new text end

new text begin Taking unprotected mammals and birds. new text end

Mammals that are
unprotected wild animals and unprotected birds may be taken at any time and in any
manner, except with artificial lights, or by using a motor vehicle in violation of section
97B.091. Poison may not be used to take unprotected mammals or unprotected birds
unless the safety of humans and domestic livestock is ensured. Unprotected mammals and
unprotected birds may be possessed, bought, sold, or transported in any quantity new text begin , except
importation or exportation is restricted as provided in subdivision 2 new text end .

new text begin Subd. 2. new text end

new text begin Importing and exporting live coyotes. new text end

new text begin A person may not export a live
coyote out of the state or import a live coyote into the state unless authorized under a
permit from the commissioner.
new text end

Sec. 35.

Minnesota Statutes 2008, section 97B.811, subdivision 2, is amended to read:

Subd. 2.

Hours for placing decoys.

Except as provided in subdivisions 3 and 4, a
person may not place decoys in public waters or on public lands more than deleted text begin one hour deleted text end new text begin two
hours new text end before lawful shooting hours for waterfowl.

Sec. 36.

Minnesota Statutes 2008, section 97B.811, subdivision 3, is amended to read:

Subd. 3.

Restrictions on leaving decoys unattended.

During the open season for
waterfowl, a person may not leave decoys in public waters between sunset and deleted text begin one hour deleted text end new text begin
two hours new text end before lawful shooting hours or leave decoys unattended during other times for
more than deleted text begin four deleted text end new text begin three new text end consecutive hours unless:

(1) the decoys are in waters adjacent to private land under the control of the hunter;
and

(2) there is not natural vegetation growing in water sufficient to partially conceal
a hunter.

Sec. 37.

Minnesota Statutes 2008, section 97C.081, subdivision 2, is amended to read:

Subd. 2.

Contests without a permit.

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

(1) the following criteria are met:

(i) there are deleted text begin 30 participants deleted text end new text begin 25 boats new text end or less for open water contests and 150
participants or less for ice fishing contests;

(ii) the entry fee is $25 per person or less;

(iii) the total prize value is $25,000 or less; and

(iv) the contest is not limited to trout species only;

(2) the following criteria are met:

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

(ii) the contest is not limited to trout species only; deleted text begin or
deleted text end

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

new text begin (4) the contest is limited to rough fish; or
new text end

new text begin (5) the total prize value is $500 or less new text end .

Sec. 38.

Minnesota Statutes 2008, section 97C.081, subdivision 3, is amended to read:

Subd. 3.

Contests requiring a permit.

(a) A person must have a permit from the
commissioner to conduct a fishing contest that does not meet the criteria in subdivision
2. 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. deleted text begin The commissioner
may waive the fee under this subdivision for a charitable organization. deleted text end 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.

(b) If 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 applicant, 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.

(c) The permit fee for any individual contest may not exceed the following amounts:

(1) deleted text begin $120 deleted text end new text begin $60 new text end for an open water contest not exceeding deleted text begin 100 participants deleted text end new text begin 50 boats new text end and
without off-site weigh-in;

(2) deleted text begin $400 deleted text end new text begin $200 new text end for an open water contest with more than deleted text begin 100 participants deleted text end new text begin 50 boats new text end
and without off-site weigh-in;

(3) deleted text begin $500 deleted text end new text begin $250 new text end for an open water contest not exceeding deleted text begin 100 participants deleted text end new text begin 50 boats new text end
with off-site weigh-in;

(4) deleted text begin $1,000 deleted text end new text begin $500 new text end for an open water contest with more than deleted text begin 100 participants deleted text end new text begin 50 boats new text end
with off-site weigh-in; or

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

Sec. 39.

Minnesota Statutes 2008, section 97C.081, subdivision 4, is amended to read:

Subd. 4.

Restrictions.

new text begin (a) new text end The commissioner may by rule establish restrictions on
fishing contests to protect fish and fish habitat, to restrict activities during high use periods,
to restrict activities that affect research or management work, to restrict the number of
boats, and for the safety of contest participants.

new text begin (b) By March 1, 2011, the commissioner shall develop a best practices certification
program for fishing contest organizers to ensure the proper handling and release of fish.
new text end

Sec. 40.

Minnesota Statutes 2008, section 97C.081, subdivision 6, is amended to read:

Subd. 6.

Permit application process.

(a) Beginning August 1 each year, the
commissioner shall accept permit applications for fishing contests to be held in the
following year.

(b) If the number of permit applications received by the commissioner from August
1 through the last Friday in September exceeds the limits specified in subdivisions 7 and 8,
the commissioner shall notify the affected applicants that their requested locations and
time period are subject to a drawing. After notification, the commissioner shall allow
the affected applicants a minimum of seven days to change the location or time period
requested on their applications, provided that the change is not to a location or time period
for which applications are already at or above the limits specified in subdivisions 7 and 8.

(c) After the applicants have been given at least seven days to change their
applications, the commissioner shall conduct a drawing for all locations and time periods
for which applications exceed limits. First preference in the drawings shall be given
to applicants for established or traditional fishing contests, and second preference to
applicants for contests that are not established as traditional fishing contests based on the
number of times they have been unsuccessful in previous drawings. Except for applicants
of established or traditional fishing contests, an applicant who is successful in a drawing
loses all accumulated preference. "Established or traditional fishing contest" means a
fishing contest that was issued permits in 1999 and 2000 or was issued permits four out of
five years from 1996 to 2000 for the same lake and time period. Beginning with 2001,
established or traditional fishing contests must continue to be conducted at least four out
of five years for the same lake and time period to remain established or traditional.

(d) The commissioner has until November 7 to approve or deny permit applications
that are submitted by 4:30 p.m. on the last Friday in September. The commissioner
may approve a permit application that is received after 4:30 p.m. on the last Friday
in September if approving the application would not result in exceeding the limits in
subdivisions 7 and 8.

new text begin (e) The commissioner shall develop an online Web-based fishing contest permit
application process.
new text end

Sec. 41.

Minnesota Statutes 2008, section 97C.081, subdivision 9, is amended to read:

Subd. 9.

Permit restrictions.

(a) The commissioner may require fishing contest
permittees to limit prefishing to week days only as a condition of a fishing contest permit.
The commissioner may require proof from permittees that prefishing restrictions on the
permit are communicated to fishing contest participants and enforced.

(b) The commissioner may require permit restrictions on the hours that a permitted
fishing contest is conducted, including, but not limited to, starting and ending times.

(c) The commissioner may require permit restrictions on the number of parking
spaces that may be used on a state-owned public water access site. The commissioner may
require proof from permittees that parking restrictions on the permit are communicated to
fishing contest participants and enforced.

(d) To prevent undue mortality of released fish, the commissioner may require
restrictions for off-site weigh-ins and live releases on a fishing contest permit or may deny
permits requesting an off-site weigh-in or live release. new text begin The commissioner may allow for
live release weigh-ins at public accesses.
new text end

(e) A person may not transfer a fishing contest permit to another person.

(f) Failure to comply with fishing contest permit restrictions may be considered
grounds for denial of future permit applications.

Sec. 42.

Minnesota Statutes 2008, section 97C.335, is amended to read:

97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.

new text begin (a) new text end A person may not use artificial lights to lure or attract fish or to see fish in the
water while spearing, except that while angling or spearing, a person may:

(1) affix a lighted artificial bait with hooks attached to the end of a fishing line; or

(2) use a lighted decoy for spearing.

deleted text begin Any deleted text end new text begin (b) A new text end battery that is used in lighted fishing lures deleted text begin cannot deleted text end new text begin must not new text end contain deleted text begin any
intentionally introduced deleted text end mercury.

new text begin (c) The restrictions in paragraph (a) do not apply to bow fishing.
new text end

Sec. 43.

Minnesota Statutes 2008, section 97C.345, subdivision 2, is amended to read:

Subd. 2.

Possession.

(a) Except as specifically authorized, a person may not possess
a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
waters. Possession includes personal possession and in a vehicle.

(b) A person may possess spears, dip nets, deleted text begin bows and arrows, deleted text end and spear guns allowed
under section 97C.381 on or near waters between sunrise and sunset from May 1 to the
last Sunday in February, or as otherwise prescribed by the commissioner.

Sec. 44.

Minnesota Statutes 2008, section 97C.371, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Nonresidents. new text end

new text begin Nonresidents may spear from a fish house or dark house.
new text end

Sec. 45.

Minnesota Statutes 2008, section 97C.375, is amended to read:

97C.375 TAKING ROUGH FISH BY SPEARING deleted text begin OR ARCHERY deleted text end .

A resident or nonresident may take rough fish by spearing deleted text begin or archery deleted text end during the
times, in waters, and in the manner prescribed by the commissioner.

Sec. 46.

new text begin [97C.376] BOW FISHING.
new text end

new text begin Subdivision 1. new text end

new text begin Season. new text end

new text begin The bow fishing season for residents and nonresidents is
from May 1 to the last Sunday in February at any time of the day.
new text end

new text begin Subd. 2. new text end

new text begin Possession of bows and arrows. new text end

new text begin A person may possess bows and arrows
on or near waters at any time from May 1 to the last Sunday in February. A person must
take reasonable measures to retrieve arrows and wounded fish.
new text end

new text begin Subd. 3. new text end

new text begin Nighttime restrictions on motors. new text end

new text begin From sunset to sunrise, a person bow
fishing with a gasoline-powered motor must use a four-stroke engine. The noise limits
for total noise while bow fishing from sunset to sunrise shall not exceed a noise level
of 65 decibels on the A scale measured at a distance of 50 feet from the motorboat or
equivalent noise levels at other distances as specified by the commissioner in a pass-by
test or 67 decibels on the A scale measured at idle in a stationary test at least four feet
above the water and at least four feet behind the transom of the motorboat being tested.
The noise levels under section 86B.321 apply to persons traveling to and from bow fishing
sites from sunset to sunrise.
new text end

new text begin Subd. 4. new text end

new text begin Discharge ordinances; Mississippi and Minnesota Rivers.
new text end

new text begin Notwithstanding any law, rule, or local ordinance to the contrary, a person may discharge
an arrow while bow fishing in the Mississippi and Minnesota Rivers.
new text end

new text begin Subd. 5. new text end

new text begin Nighttime structure and campground setback requirements. new text end

new text begin A person
shall not discharge an arrow while bow fishing within 150 feet of an occupied structure
or within 300 feet of a campsite from sunset to sunrise.
new text end

new text begin Subd. 6. new text end

new text begin Prohibition on returning rough fish to waters. new text end

new text begin Rough fish taken by bow
fishing shall not be returned to the water and rough fish may not be left on the banks
of any water of the state.
new text end

Sec. 47. new text begin RULEMAKING.
new text end

new text begin (a) The commissioner of natural resources shall adopt or amend rules to establish
minimum size limits for muskellunge on inland waters consistent with the provisions
of this section. The commissioner must:
new text end

new text begin (1) establish a 48-inch statewide minimum size restriction for muskellunge and
muskellunge-northern pike hybrids in inland waters, except for the lakes listed in clause
(2) that are managed specifically for muskellunge-northern pike hybrids in Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington Counties; and
new text end

new text begin (2) establish a 40-inch minimum size restriction for muskellunge-northern pike
hybrids in the following lakes in Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington Counties:
new text end

	new text begin LAKE new text end	new text begin COUNTY new text end
	new text begin Bryant new text end	new text begin Hennepin new text end
	new text begin Bush new text end	new text begin Hennepin new text end
	new text begin Calhoun new text end	new text begin Hennepin new text end
	new text begin Cedar new text end	new text begin Hennepin new text end
	new text begin Cedar new text end	new text begin Scott new text end
	new text begin Clear new text end	new text begin Washington new text end
	new text begin Crystal new text end	new text begin Dakota new text end
	new text begin Crystal new text end	new text begin Hennepin new text end
	new text begin Eagle new text end	new text begin Carver new text end
	new text begin Elmo new text end	new text begin Washington new text end
	new text begin Gervais new text end	new text begin Ramsey new text end
	new text begin Island new text end	new text begin Ramsey new text end
	new text begin Isles new text end	new text begin Hennepin new text end
	new text begin Johanna new text end	new text begin Ramsey new text end
	new text begin Nokomis new text end	new text begin Hennepin new text end
	new text begin Orchard new text end	new text begin Dakota new text end
	new text begin Phalen new text end	new text begin Ramsey new text end
	new text begin Pierson new text end	new text begin Carver new text end
	new text begin Silver new text end	new text begin Ramsey new text end
	new text begin Wasserman new text end	new text begin Carver new text end
	new text begin Weaver new text end	new text begin Hennepin 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 the rules. Minnesota Statutes, section
14.386, does not apply except as provided in Minnesota Statutes, section 14.388.
new text end

Sec. 48. new text begin TEMPORARY WARNING REQUIREMENTS; SHINING WITHOUT
IMPLEMENTS TO TAKE WILD ANIMALS.
new text end

new text begin A violation prior to August 1, 2010, of Minnesota Statutes, section 97B.081,
subdivision 2, shall not result in a penalty, but is punishable only by a warning.
new text end

Sec. 49. new text begin ZONE 3 DEER SEASON AND RESTRICTIONS; 2009.
new text end

new text begin For the 2009 deer season, notwithstanding rules of the commissioner of natural
resources under Minnesota Statutes, section 97B.311, paragraph (a), the commissioner
shall allow a nine-day early A season in Zone 3 beginning the Saturday nearest November
6 and a nine-day late B season in Zone 3 beginning the Saturday nearest November 20.
During the last two days of the 2009 early A season, a person must take only antlered
deer with at least two points, unless the person has taken an antlerless deer prior to
taking the antlered deer during the early A season in Zone 3. Party hunting for antlered
deer under Minnesota Statutes, section 97B.301, subdivision 3, is not allowed in the last
two days of the 2009 early A season in Zone 3. Zone 3 is defined in Minnesota Rules,
part 6232.1400, subpart 3.
new text end

Sec. 50. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 97A.525, subdivision 2; and 97C.405, new text end new text begin are
repealed.
new text end