Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 621-S.F.No. 1048 
           An act relating to natural resources; strengthening 
          certain laws regarding the transportation of wild 
          animals; eliminating the discount on walleye buyouts; 
          amending Minnesota Statutes 1982, sections 97.45, 
          subdivisions 1, 3, 4, 6, 7, 9, and 12, and by adding a 
          subdivision; 97.4842; and Minnesota Statutes 1983 
          Supplement, sections 97.86, subdivision 1; 98.46, 
          subdivision 5; and 102.26, subdivision 3d; proposing 
          new law coded in Minnesota Statutes, chapter 98; 
          repealing Minnesota Statutes 1982, section 97.45, 
          subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 97.45, 
subdivision 1, is amended to read: 
    Subdivision 1.  No person shall transport any wild animals 
taken, bought, sold or possessed in violation of chapters 97 to 
102.  When transported, any wild animals, or any package, 
container, or receptacle in which they are contained, shall be 
tagged, sealed, or otherwise marked and identified as prescribed 
by law or commissioner's order.  A licensed resident may 
transport during any one open season and the next following two 
days, or at any time thereafter under conditions which the 
commissioner may prescribe by order, one deer, one bear, and one 
moose which have been lawfully taken and possessed.  
    Sec. 2.  Minnesota Statutes 1982, section 97.45, 
subdivision 3, is amended to read: 
    Subd. 3.  Any A licensed resident, except agents or 
employees of a common carrier while engaged in the performance 
of their duties, may carry with him in any vehicle or as baggage 
on a common carrier, to any place within the state, who 
accompanies the shipment may transport wild animals lawfully 
taken and possessed, including undressed game birds and dressed 
or undressed fish, lawfully in his possession and subject to all 
other applicable restrictions, and to any place in the state in 
any vehicle or as baggage on a common carrier.  A licensed 
resident who accompanies the shipment may transport the head or 
hide of a deer, bear, or moose, lawfully taken and possessed, to 
any place within or outside the state for the purpose of 
mounting or tanning.  A common carriers carrier may transport 
such wild animals as baggage within the limits prescribed as 
provided in this subdivision when accompanied by the licensed 
resident shipper except an employee of the common carrier while 
engaged in the performance of his duties. 
    Sec. 3.  Minnesota Statutes 1982, section 97.45, 
subdivision 4, is amended to read: 
    Subd. 4.  Any A licensed resident who does not accompany 
the shipment may transport by common carrier to any point in the 
county of his residence state, consigned to himself only, the 
following wild animals lawfully taken and possessed:  (a) not 
more than three separate shipments of undressed birds, Each each 
of which shipment may contain all the number of the birds which 
could lawfully be taken within the state on any single day, but 
not to contain more than a single day's limit of any species. 
Such resident may transport during any one open season and the 
next following two days, or at any time thereafter under 
conditions which the commissioner may prescribe, one deer and 
one moose, which has been lawfully taken and possessed, and; (b) 
big game animals as prescribed in subdivision 1.  The licensed 
resident may transport the head or hide of such the deer, bear, 
or moose for mounting or tanning purposes to a point place 
within or without outside the state; but if such deer or moose 
is not transported by common carrier, the licensee must 
accompany such deer or moose for the purpose of mounting or 
tanning; and (c) dressed or undressed fish. 
    Sec. 4.  Minnesota Statutes 1982, section 97.45, is amended 
by adding a subdivision to read: 
    Subd. 4a.  A big game animal which has been registered by 
the licensee in accordance with requirements established by the 
commissioner may be transported by the most direct route from 
one location to another by a person other than the licensee 
provided there is a tag attached to the animal marked in ink 
containing the address, license number, and signature of the 
licensee, and the locations from which and to which the animal 
is being transported.  
    Sec. 5.  Minnesota Statutes 1982, section 97.45, 
subdivision 6, is amended to read: 
    Subd. 6.  (1) A licensed nonresident who does not accompany 
the shipment may transport by common carrier to a point place 
within or without outside this state in any one season one 
shipment containing of fish lawfully taken and possessed in any 
one licensing year upon obtaining a shipping permit from the 
commissioner or his agent.  The shipment may contain:  (a) not 
more than 25 pounds of undressed fish or; (b) one undressed fish 
of any size lawfully taken and possessed by him in this state, 
or containing; or (c) not more than 15 pounds of filleted or 
dressed game fish so taken and possessed, if packaged as 
hereinafter provided.  A shipping coupon designed for the 
purposes of this subdivision may be issued for each individual 
nonresident fishing license, and two coupons for a combination 
nonresident fishing license, such coupons.  A shipping permit 
shall be issued upon request and without payment of a fee, and 
such coupons shall be cancelled as prescribed by the 
commissioner by the agent of the carrier to whom the shipment is 
first delivered.  In the case of a nonresident combination 
angling license, each licensee shall be eligible for one 
shipping permit for each licensing year.  
    (2) Such A licensed nonresident may carry with him who 
accompanies the shipment may transport dressed or undressed fish 
lawfully taken or possessed in any vehicle or on a common 
carrier to any point place within or without outside the state 
undressed fish lawfully taken by him, not exceeding the limit, 
which he is authorized to possess within the state, provided 
that bullheads may be so transported either dressed or 
undressed, or may so carry with him filleted or dressed fish 
lawfully taken by him, not exceeding the possession limit nor 
containing more than 15 pounds, if packaged as hereinafter 
provided. 
    (3) For the purposes of the foregoing provisions of this 
subdivision undressed fish of any species may have the heads 
removed.  
    (4) A licensed nonresident who does not accompany the 
shipment may transport filleted or dressed game fish may be 
transported by common carrier only if the shipped in a container 
which bears the name and license number of the shipper,; the 
name of the person preparing the container for shipment, his and 
the license number of that person as issued under section 98.46, 
subdivision 5,; and the number and, species and net weight of 
the fish contained, and the net weight thereof in the container. 
    (5) (4) Each licensee authorized to prepare dressed game 
fish for shipment shall maintain a permanent record of the name, 
address and license number of each licensed fisherman making 
such a shipment, the name and address of the consignee, the 
number and, species and net weight of fish contained in the 
shipment, the net weight thereof, and such.  The records shall 
be available to for inspection by state conservation officers at 
all times. 
    (6) (5) Notwithstanding any law to the contrary, a 
nonresident under the age of 16 may take fish by angling without 
procuring a license, if their the nonresident's parent or 
guardian has obtained a nonresident the appropriate fishing 
license.  Fish so taken shall be included in the daily and 
possession limit of the parent or legal guardian. 
    Sec. 6.  Minnesota Statutes 1982, section 97.45, 
subdivision 7, is amended to read: 
    Subd. 7.  Any (a) A licensed nonresident licensee who 
accompanies the shipment may transport by the following wild 
animals, other than fish, lawfully taken and possessed in any 
means, consigned to himself only, vehicle or as baggage on a 
common carrier to any point place within or without outside 
this state, not to exceed:  (1) the number of undressed game 
birds which he is entitled to possess at any one time, and; (2) 
one deer, lawfully taken and possessed within this state, and 
provided that the nonresident licensee shall accompany such game 
birds or deer except when they are being transported by common 
carrier and one bear; and (3) other wild animals lawfully taken 
and possessed in Minnesota.  A common carriers are hereby 
permitted to carrier may carry such wild animals as baggage as 
provided in this clause. 
    (b) A licensed nonresident who does not accompany the 
shipment may transport the wild animals, other than fish, as 
described in clause (a) by common carrier to any place within or 
outside the state when the shipment is consigned to the licensed 
nonresident, provided that a shipping permit must be obtained 
from the commissioner or his agent for the transportation of any 
undressed game birds.  The permit shall be issued upon request 
and without payment of a fee, and canceled as prescribed by the 
commissioner by the agent of the carrier to whom the shipment is 
first delivered.  Deer and bear may be transported only during 
the time provided in subdivision 4, clause (b).  
    Sec. 7.  Minnesota Statutes 1982, section 97.45, 
subdivision 9, is amended to read: 
    Subd. 9.  Undressed game birds, lawfully taken and 
possessed in adjacent states, may be brought into the state, and 
may then be shipped by common carrier to any point within the 
state by residents of this state, or by nonresidents to any 
point without the state, provided each such shipment shall be 
tagged or sealed by a state conservation officer in the manner 
prescribed by the commissioner.  Licensed residents or 
nonresidents may ship game birds or one fish lawfully in their 
possession to any point within or without the state to any 
person upon procuring a permit so to do from the commissioner or 
his authorized agent under such regulations as the commissioner 
may prescribe. 
    Sec. 8.  Minnesota Statutes 1982, section 97.45, 
subdivision 12, is amended to read: 
    Subd. 12.  All shipments of protected wild animals 
transported by common carrier, or including shipments carried as 
baggage, shall have attached a statement signed by the licensee 
showing his name, address and license number and the number and 
species of wild animals contained in the shipment, including 
fish.  If fish are contained, the statement also shall show the 
number of pounds thereof and The shipment shall have attached to 
it any tag, shipping coupon or permit required by law or 
commissioner's order. 
    Sec. 9.  [MILLE LACS LAKE ANGLING SEASON IN 1984.] 
    Notwithstanding section 97.48, subdivision 1, the 
commissioner of natural resources may open the 1984 season for 
angling for northern pike or pickerel on Mille Lacs Lake at the 
same time as the opening of the angling season for walleye.  The 
commissioner is not required to reduce the 1984 angling season 
for northern pike or pickerel on Mille Lacs Lake in proportion 
to any previous reduction of the spearing season for northern 
pike or pickerel.  
    Sec. 10.  Minnesota Statutes 1982, section 97.4842, is 
amended to read: 
    97.4842 [TROUT AND SALMON STAMP.] 
    Subdivision 1.  [STAMP REQUIRED.] No person over the age of 
18 16 and under the age of 65 years who is otherwise required to 
possess a Minnesota fishing license shall angle in any stream 
designated by the commissioner as a trout stream, in any lake 
designated by the commissioner as a trout lake, or in Lake 
Superior, without first purchasing a stamp and having the stamp 
in his possession while angling for trout in any designated 
trout stream, designated trout lake, or Lake Superior.  Each 
stamp shall be validated by the signature of the licensee 
written across its face.  The commissioner shall determine the 
form of the stamp and shall furnish and distribute stamps to 
county auditors for sale by them and their authorized subagents 
as prescribed by order of the commissioner.  The commissioner 
shall encourage the purchase of stamps by any persons who are 
interested in the improvement of trout and salmon streams and 
lakes. 
    Subd. 2.  [FEE.] A stamp shall be issued to each fishing 
license applicant or other person interested in improvement of 
trout and salmon streams and lakes upon the payment of a fee of 
$3.  Stamps shall be issued annually and shall be valid from 
March 1 through the last day of the following February.  
    Subd. 3.  [USE OF REVENUE.] The commissioner shall approve 
projects for the following purposes:  
    (a) Development, restoration, maintenance or preservation 
of trout streams and lakes; and 
    (b) Rearing and stocking of trout and salmon in trout 
streams and lakes and Lake Superior; and 
    (c) Necessary related administrative costs in an amount not 
to exceed ten percent of the annual deposits into the game and 
fish fund attributable to the sale of stamps. 
    Sec. 11.  Minnesota Statutes 1983 Supplement, section 
97.86, subdivision 1, is amended to read: 
    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 clause (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 102.26, 
subdivision 3d.  
    (g) Not more than ten percent of the money available under 
this subdivision may be used for administrative or permanent 
personnel costs.  
    Sec. 12.  [98.457] [LAKE SUPERIOR FISHING GUIDE LICENSE.] 
    No person shall for compensation engage in the business or 
occupation of operating charter boats and guiding anglers in 
seeking to take fish on Lake Superior without an annual license 
from the commissioner.  The commissioner shall promulgate rules 
governing qualification for and the issuance of licenses.  The 
annual fee for a Lake Superior fishing guide license shall be 
$25 for a resident licensee and $100 for a nonresident, except 
that if the state of residence of a nonresident charges a 
greater fee for a Minnesota resident for an identical license, 
the nonresident fee shall be equal to that greater fee.  
    Sec. 13.  Minnesota Statutes 1983 Supplement, 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, $5 for each fish house or dark house not rented 
or offered for hire, and $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) (8) 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) (9) 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. 14.  Minnesota Statutes 1983 Supplement, section 
102.26, subdivision 3d, is amended to read: 
    Subd. 3d.  In 1984 and any subsequent year an existing 
licensee may transfer the walleye quota allocated to him under 
subdivision 3a or 3b 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 subdivision 
3a or 3b.  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. 15.  [REPEALER.] 
    Minnesota Statutes 1982, section 97.45, subdivision 5, is 
repealed.  
    Sec. 16.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment, 
except that section 10 is effective March 1, 1985. 
    Approved May 2, 1984