Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 356--S.F.No. 634
           An act relating to game and fish; imposing a surcharge 
          on fishing licenses for development and improvement of 
          state fishing resources; authorizing designation of 
          experimental and specialized fishing waters; 
          authorizing additional notice of netting season; 
          increasing certain license fees; prohibiting angling 
          and use of tip-ups while spearing in a dark house; 
          prohibiting issuance of new commercial game fish 
          netting licenses; allowing designation of lakes for 
          taking of certain muskellunge; reducing the seasonal 
          commercial walleye take in Lake of the Woods and Rainy 
          Lake; authorizing the state to buy the walleye quota 
          of certain commercial fishermen; amending Minnesota 
          Statutes 1982, sections 97.48, subdivisions 8, 22, and 
          26, and by adding a subdivision; 97.53, by adding a 
          subdivision; 97.55, by adding subdivisions; 98.46, 
          subdivision 5; 101.42, subdivisions 1a and 20; and 
          102.26, by adding subdivisions; and proposing new law 
          coded in Minnesota Statutes, chapters 97 and 102.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 97.48, 
subdivision 8, is amended to read: 
    Subd. 8.  The commissioner shall do all things deemed by 
him desirable in the preservation, protection and propagation in 
their natural state, and artificially, of all desirable species 
of wild animals.  The commissioner shall make special provisions 
for the management of fish and wildlife to insure recreational 
opportunities for anglers and hunters.  
    Sec. 2.  Minnesota Statutes 1982, section 97.48, 
subdivision 22, is amended to read: 
    Subd. 22.  The commissioner shall authorize the maintenance 
and operation of private fish hatcheries under such rules and 
regulations as the commissioner shall prescribe for the raising 
and disposition of any fish indigenous to Minnesota waters 
except carp.  No license shall be required of any person for 
taking fish by angling at a licensed private fish hatchery 
operated in accordance with the rules and regulations of the 
commissioner, or from an artificial pool containing only fish 
purchased from a private fish hatchery, provided the operator 
shall furnish to each person taking such fish a written 
certificate in such form as the commissioner shall prescribe, 
giving the number and description of the fish taken and such 
other information as the commissioner requires, whereupon such 
fish may be possessed, shipped, or transported within the state 
in like manner as fish taken by a resident under a license.  Any 
person making a false statement in any such certificate shall be 
guilty of a misdemeanor and subject to the same penalties as 
prescribed for violations of section 97.55, subdivision 11. 
    Sec. 3.  Minnesota Statutes 1982, section 97.48, 
subdivision 26, is amended to read: 
    Subd. 26.  The commissioner may designate all or part of 
any lake which does not exceed 2,000 acres of water area or any 
stream, but in aggregate not more than 15 100 lakes or five and 
25 streams, nor more than 10,000 acres of water, at any one 
time, as experimental waters and, notwithstanding any other 
provision of law, may establish by order the seasons, limits and 
methods for the taking of fish therefrom and such other 
regulations relating thereto as he deems desirable; provided the 
above may be done only on waters to which the public has free 
access after a public hearing meeting has been held in the 
county where the lake or stream, or major portion thereof, is 
located.  In the case of a named lake having a water area of 
more than 1,500 acres, a public meeting shall be held in the 
seven-county metropolitan area, as defined in section 473.121, 
subdivision 2.  Notice of said the public hearing meeting 
shall be published once in a legal newspaper within the county 
or counties where the lake or stream is located not less than 
seven days prior to the hearing meeting.  The commissioner shall 
establish methods and criteria for citizen initiation of 
experimental waters designation and for citizen participation in 
the evaluation of waters designated as experimental waters.  
    Sec. 4.  Minnesota Statutes 1982, section 97.48, is amended 
by adding a subdivision to read: 
    Subd. 26a.  The commissioner may develop a system of 
classification under which waters which have been designated as 
experimental waters pursuant to subdivision 26 and other waters 
intrinsically suitable therefor are classified as primarily 
intended for use as trophy lakes, family fishing lakes, special 
species management lakes, or other categories of special use 
designated by the commissioner.  
    Sec. 5.  Minnesota Statutes 1982, section 97.53, is amended 
by adding a subdivision to read: 
    Subd. 3.  In addition to the publication requirements of 
this section, notice of opening of the netting season on 
whitefish, tulibee, and herring may be given by posting the date 
and time in the public places deemed most appropriate by the 
commissioner not less than 48 hours prior to the opening of the 
netting season.  
    Sec. 6.  Minnesota Statutes 1982, section 97.55, is amended 
by adding a subdivision to read: 
    Subd. 14.  Every person who violates the provisions of 
section 101.42, subdivision 11, is guilty of a gross misdemeanor.
    Sec. 7.  Minnesota Statutes 1982, section 97.55, is amended 
by adding a subdivision to read: 
    Subd. 15.  Except as provided in section 102.23, every 
person who unlawfully buys or sells game fish or small game 
where the total amount of the sale or sales is $50 or more, and 
where no penalty is provided in subdivision 8 or 9, is guilty of 
a gross misdemeanor.  
    Sec. 8.  Minnesota Statutes 1982, section 97.55, is amended 
by adding a subdivision to read: 
    Subd. 16.  Every person who illegally buys or sells game 
fish, big game, or small game, when the total amount of the sale 
or sales is $300 or more, is guilty of a gross misdemeanor 
punishable by a fine of not less than $500 nor more than $5,000 
or by imprisonment in the county jail for not less than 90 days 
or more than one year or by both such fine and imprisonment.  
    Sec. 9.  [97.86] [IMPROVEMENT OF FISHING RESOURCES.] 
    Subdivision 1.  [LICENSE SURCHARGE.] A surcharge of $2.50 
shall be added to the annual license fee for each license issued 
pursuant to section 98.46, subdivision 2, clauses (4) and (5), 
subdivision 2a, subdivision 5, clauses (1), (2), and (3), and 
subdivision 15.  The proceeds of the surcharge shall be credited 
to the game and fish fund.  
    The commissioner may spend the proceeds of the surcharge 
for the following purposes:  
    (a) Rehabilitation and improvement of marginal fish 
producing waters administered on a cost sharing basis under 
agreements between the commissioner and other parties interested 
in sport fishing.  
    (b) Expansion of fishing programs including, but not 
limited to, aeration, stocking of marginal fishing waters in 
urban areas, shore fishing areas, and fishing piers.  In the 
expenditure of funds pursuant to this clause, preference shall 
be given to local units of government and other parties willing 
and able to share costs.  
    (c) Upgrading of fish propagation capabilities in order to 
improve the efficiency of fish production, expansion of walleyed 
pike production from waters subject to winter kill for stocking 
in more suitable waters, introduction of new species where 
deemed biologically appropriate by the commissioner, and 
purchase of fish from private hatcheries for stocking purposes.  
    (d) Financing the preservation and improvement of fish 
habitat.  First priority shall be given to expansion of habitat 
improvement programs approved by the commissioner and 
implemented in cooperation with other interested parties.  
    (e) Increasing enforcement through use of covert 
operations, workteams, and added surveillance, communication, 
and navigational equipment.  
    (f) Purchase by the commissioner of the walleyed pike quota 
of commercial fishermen as prescribed in section 17.  
    (g) Not more than ten percent of the money available under 
this subdivision may be used for administrative or permanent 
personnel costs.  
    Subd. 2.  [INTERIM STUDY.] The house environment and 
natural resources committee and the senate agriculture and 
natural resources committee shall review issues and trends in 
the management and improvement of fishing resources, using 
information obtained by and presented to the committees by 
public and private agencies and organizations, and other parties 
interested in management and improvement of fishing resources. 
The committees may make recommendations to the commissioner on 
programs and projects for management and improvement of fishing 
resources.  
    The commissioner shall prepare an annual work plan for the 
expenditure of money under subdivision 1 and provide copies of 
the plan and any subsequent amendments to the committees and to 
other parties interested in management and improvement of 
fishing resources.  
    Sec. 10.  Minnesota Statutes 1982, section 98.46, 
subdivision 5, is amended to read: 
    Subd. 5.  Fees for the following licenses, to be issued to 
residents only, shall be: 
    (1) To spear fish from a dark house, $7.50; 
    (2) For any fish house or dark house used during the winter 
fishing season, $3 $5 for each fish house or dark house not 
rented or offered for hire, and $13 $15 for each fish house or 
dark house rented or offered for hire.  Each fish house or dark 
house shall have attached to the outside a metal tag at least 
two inches in diameter with a 3/16 inch hole in the center, 
which will be issued with a license.  Each metal tag shall be 
stamped with a number to correspond with the fish house or dark 
house license and also shall be stamped with the year of 
issuance.  The metal tag shall be attached to the fish house or 
dark house as designated by commissioner's order; 
    (3) To net whitefish, tullibees or herring from inland 
lakes or international waters, for domestic use only, for each 
net, $3; 
    (4) To conduct a taxidermist business, for three 
consecutive years for residents 18 years of age and older, $40;  
for residents under the age of 18, $25; 
    (5) To maintain fur and game farms, including deer, $15; 
    (6) To take, transport, purchase and possess for sale 
unprocessed turtles and tortoises within the state, $50; 
    (7) To prepare dressed game fish shipments for nonresidents 
as provided by section 97.45, subdivision 6, as amended, $13; 
    (8) Minnow dealer, $70 plus $10 for each vehicle; 
    (9) Minnow dealer's helper, $5 for each helper.  Minnow 
dealer's helpers' licenses shall be issued to the minnow dealer 
and are transferable by the dealer at will to his own helpers; 
    (10) Exporting minnow dealer, $250, plus $10 for each 
vehicle. 
    Each vehicle license shall cover a specified vehicle.  The 
serial number, license number, make, and model shall be 
specified on the license which must be conspicuously posted in 
the vehicle licensed. 
    Sec. 11.  Minnesota Statutes 1982, section 101.42, 
subdivision 1a, is amended to read: 
    Subd. 1a.  No muskellunge less than 36 inches in length may 
be taken in any waters north of trunk highway No. 210.  The 
commissioner may designate particular lakes north of trunk 
highway No. 210 in which muskellunge less than 36 inches but not 
less than 30 inches in length may be taken.  
    Sec. 12.  Minnesota Statutes 1982, section 101.42, 
subdivision 20, is amended to read: 
    Subd. 20.  It shall be unlawful to take fish by angling 
with a set or unattended line except that two lines with a 
single hook attached to each line, used for angling through the 
ice, shall not be deemed an unattended line if the owner is 
within sight of the line.  Lines to which tip-ups are attached 
shall not be deemed unattended if the owner is within 80 feet of 
the tip-up; except that it is unlawful to use tip-ups or take 
fish by angling while spearing fish in a dark house. 
    Sec. 13.  [102.235] [NEW LICENSES PROHIBITED.] 
    The commissioner shall not issue any new commercial fishing 
license which permits netting of game fish on Lake of the Woods 
and Rainy Lake.  
    Sec. 14.  Minnesota Statutes 1982, section 102.26, is 
amended by adding a subdivision to read: 
    Subd. 3a.  Beginning March 1, 1984, the commissioner shall 
limit the maximum poundage of walleye that may be taken by 
commercial fishermen in Lake of the Woods in any one season on 
the following schedule:  
                       SEASONAL COMMERCIAL
          YEAR        WALLEYE TAKE IN POUNDS
          1984             164,000
          1985             150,000
          1986             135,000
          1987             120,000
          1988             100,000
          1989              80,000
          1990              60,000
          1991              30,000
          1992                   0
    For the 1984 license year, 150,000 pounds of walleye shall 
be allocated equally among the ten existing gill net licensees 
according to order of the commissioner.  Up to 14,000 pounds of 
walleye shall be allocated among existing trap or pound 
licensees, provided that no licensee shall take more than the 
highest poundage harvested in any of the last three years.  For 
1985 and subsequent years the allocation of walleye poundage 
among the licensees shall be determined by order of the 
commissioner.  
    Sec. 15.  Minnesota Statutes 1982, section 102.26, is 
amended by adding a subdivision to read: 
    Subd. 3b.  Beginning March 1, 1984, the commissioner shall 
limit the maximum poundage of walleye that may be taken by 
commercial fishermen in Rainy Lake in any one season on the 
following schedule:  
                                    SEASONAL COMMERCIAL
                     YEAR           WALLEYE TAKE IN POUNDS
                     1984                 14,500
                     1985                 12,500
                     1986                 10,500
                     1987                  8,500
                     1988                  6,500
                     1989                  4,500
                     1990                  2,500
                     1991                  1,000
                     1992                      0
    For the 1984 license year and subsequent years, the 
seasonal commercial walleye take in pounds in Rainy Lake shall 
be allocated among the licensees by order of the commissioner.  
    Sec. 16.  Minnesota Statutes 1982, section 102.26, is 
amended by adding a subdivision to read: 
    Subd. 3c.  All gill net licenses on Lake of the Woods and 
Rainy Lake shall be canceled after the 1987 license year.  A 
gill net licensee whose license is canceled as provided in this 
subdivision retains the walleye quota which he holds at the time 
of cancellation, subject to the quota phase-out schedule in 
section 14 or 15.  Notwithstanding the provisions of section 13, 
the licensee may be issued a pound or trap net for the netting 
of game fish in accordance with the quota of the licensee.  
    Sec. 17.  Minnesota Statutes 1982, section 102.26, is 
amended by adding a subdivision to read: 
    Subd. 3d.  In 1984 and any subsequent year an existing 
licensee may transfer the walleye quota allocated to him under 
section 14 or 15 to any other existing licensee or, after July 
1, 1985, he may sell the quota to the state.  If a licensee 
sells the quota to the state, he must sell the quota for all 
years remaining in the quota schedule as provided in section 14 
or 15.  A sale to the state shall be at the present wholesale 
value of the quota as determined by applying the standard 
formula for computing present value assuming the following:  (a) 
an allocation to the licensee of the same proportion of the 
total remaining walleye quota as allocated in the year of sale; 
(b) an interest rate of eight percent; and (c) a walleye 
wholesale price in the round of $1.15 per pound.  A licensee may 
elect to receive payment for a sale to the state in a lump sum 
or in up to four annual installments.  Any quota sold to the 
state shall cancel and is not available for reallocation to any 
other licensee.  When a walleye quota is sold to the state and 
canceled, the gill net license of the licensee shall be canceled.
    Sec. 18.  [EFFECTIVE DATE.] 
    Sections 9, 10, and 14 to 17 are effective March 1, 1984. 
The remaining sections of this act are effective the day 
following final enactment. 
    Approved June 14, 1983