Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 149-S.F.No. 385 
           An act relating to game and fish; clarifying and 
          making technical changes in the game and fish laws; 
          recodifying establishment of the wild rice management 
          account; defining enforcement officer; defining brown 
          trout as a game fish; defining an unloaded firearm; 
          allowing the commissioner to use the game and fish 
          fund for activities of the enforcement division; 
          designating notices to be placed on state park and 
          wildlife management area boundaries; changing the 
          expiration date for muskrat farm licenses; removing 
          certain restrictions on the size of shooting 
          preserves; prescribing violations of hunting while 
          under the influence of alcohol or a controlled 
          substance; providing when license must be in personal 
          possession; allowing more than one license, except a 
          big game license, to be issued in a license year; 
          exempting big game licenses from certain types of 
          license revocations; prescribing submission of annual 
          reports for tanners, fur dealers, and taxidermists; 
          providing a nonresident under age 16 may purchase a 
          nonresident fishing license and take and possess fish; 
          prescribing conditions for oath administration; 
          eliminating certain requirements for wild animals that 
          are gifts; allowing a person to transport more than 
          one big game animal; eliminating certain restrictions 
          on transporting big game animals; prohibiting a person 
          from trespassing to retrieve wounded game after being 
          notified; allowing a person to ship more than one fish 
          with a permit; prescribing permission needed to take 
          wild animals in certain areas; allowing possession of 
          shotgun and certain shells in areas where deer may be 
          taken; allowing persons to take raccoons with lights 
          and firearms at night; clarifying that a small game 
          license is not required to pursue and tree raccoons 
          during the closed season; authorizing the commissioner 
          to restrict the taking of pine marten and opossum; 
          eliminating requirement for a license and seals to 
          take beaver damaging property; prescribing when 
          certain devices to take fish may be possessed; 
          amending Minnesota Statutes 1986, sections 84.0894; 
          84.928, subdivision 7; 84.944, subdivisions 1, 2, and 
          3; 85.41, subdivision 2; 97A.015, subdivisions 18, 25, 
          43, 45, and 51; 97A.055, subdivision 1; 97A.065, 
          subdivision 2; 97A.075, subdivision 1; 97A.085, 
          subdivisions 5 and 7; 97A.111, subdivisions 2 and 7; 
          97A.121, subdivision 5; 97A.135, subdivision 1; 
          97A.201, subdivision 1; 97A.211, subdivisions 1 and 2; 
          97A.221, subdivision 1; 97A.255, subdivision 2; 
          97A.311, subdivision 4; 97A.315, subdivision 2; 
          97A.325, subdivision 1; 97A.331, subdivision 1; 
          97A.405, subdivision 2; 97A.415, subdivision 1; 
          97A.421, subdivision 1; 97A.425; 97A.445, subdivision 
          3; 97A.451, subdivisions 1 and 5; 97A.475, subdivision 
          7; 97A.481; 97A.505, subdivisions 4 and 5; 97A.535, 
          subdivisions 3 and 4; 97A.545, subdivision 4; 97A.551, 
          subdivision 3; 97B.001, subdivisions 3, 5, and 7; 
          97B.041; 97B.061; 97B.065; 97B.081, subdivision 1; 
          97B.601, subdivision 4; 97B.605; 97B.635; 97B.655, 
          subdivision 2; 97B.701, subdivision 2; 97C.345, 
          subdivisions 2 and 3; 106A.085, subdivision 1; 
          106A.401, subdivision 1; 106A.615, subdivision 6; 
          144.95, subdivision 4; and 626.861, subdivision 4; 
          repealing Minnesota Statutes 1986, sections 97A.065, 
          subdivision 4; 97A.255, subdivision 3; 97A.505, 
          subdivisions 1, 3, and 6; 97A.551, subdivision 1; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1 
    Section 1.  [84.0911] [WILD RICE MANAGEMENT ACCOUNT.] 
    Subdivision 1.  [ESTABLISHMENT.] The wild rice management 
account is established as an account in the state treasury.  
    Subd. 2.  [RECEIPTS.] Money received from the sale of wild 
rice licenses issued by the commissioner under section 84.091, 
subdivision 3, clauses (1) and (3), shall be credited to the 
wild rice management account.  
    Subd. 3.  [USE OF MONEY IN ACCOUNT.] (a) Money in the wild 
rice management account shall be used by the commissioner for 
management of designated public waters to improve natural wild 
rice production.  
    (b) Money that is not appropriated from the wild rice 
management account does not cancel but shall remain in the wild 
rice management account until appropriated.  
    Sec. 2.  Minnesota Statutes 1986, section 97A.015, 
subdivision 18, is amended to read:  
    Subd. 18.  [ENFORCEMENT OFFICER.] "Enforcement officer" 
means the commissioner, the director of the enforcement 
division, a conservation officer, or a game refuge manager.  
    Sec. 3.  Minnesota Statutes 1986, section 97A.015, 
subdivision 25, is amended to read:  
    Subd. 25.  [GAME FISH.] "Game fish" means walleye, sauger, 
yellow perch, channel catfish, flathead catfish; members of the 
pike family, Esocidae, including muskellunge and northern pike; 
members of the sunfish family, Centrarchidae, including 
largemouth bass, smallmouth bass, sunfish, rock bass, white 
crappie, black crappie, members of the temperate bass family, 
Percichthyidae, including white bass and yellow bass; members of 
the salmon and trout subfamily, Salmoninae, including Atlantic 
salmon, chinook salmon, coho salmon, pink salmon, kokanee 
salmon, lake trout, brook trout, brown trout, rainbow (steelhead)
trout, and splake; members of the paddlefish family, 
Polyodontidae; members of the sturgeon family, Acipenseridae, 
including lake sturgeon, and shovelnose sturgeon.  "Game fish" 
includes hybrids of game fish.  
    Sec. 4.  Minnesota Statutes 1986, section 97A.015, 
subdivision 43, is amended to read:  
    Subd. 43.  [ROUGH FISH.] "Rough fish" means carp, buffalo, 
sucker, sheepshead, bowfin, burbot, ciscoe cisco, gar, goldeye, 
and bullhead.  
    Sec. 5.  Minnesota Statutes 1986, section 97A.015, 
subdivision 45, is amended to read:  
    Subd. 45.  [SMALL GAME.] "Small game" means game birds, 
gray squirrel, fox squirrel, cottontail rabbit, snowshoe hare, 
jack rabbit, raccoon, lynx, bobcat, red fox and gray fox, 
fisher, pine marten, oppossum opossum, badger, cougar, 
wolverine, muskrat, mink, otter, and beaver. 
    Sec. 6.  Minnesota Statutes 1986, section 97A.015, 
subdivision 51, is amended to read:  
    Subd. 51.  [UNLOADED.] "Unloaded" means, with reference to 
a firearm, without ammunition in the barrels and magazine, if 
the magazine is in the firearm.  A muzzle loading firearm with a 
flintlock ignition is unloaded if it does not have priming 
powder in a pan.  A muzzle loading firearm with percussion 
ignition is unloaded if it does not have a percussion cap on a 
nipple.  
    Sec. 7.  Minnesota Statutes 1986, section 97A.055, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ESTABLISHMENT; PURPOSES.] The game and 
fish fund is established as a fund in the state treasury.  The 
money in the fund is annually appropriated to the commissioner 
for the activities of the division of fish and wildlife and the 
division of enforcement.  
    Sec. 8.  Minnesota Statutes 1986, section 97A.065, 
subdivision 2, is amended to read:  
    Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
forfeited bail collected from prosecutions of violations of the 
game and fish laws, sections 84.09 to 84.15, and 84.81 to 84.88, 
chapter 34B 348, and any other law relating to wild animals, and 
aquatic vegetation must be paid to the treasurer of the county 
where the violation is prosecuted.  The county treasurer shall 
submit one-half of the receipts to the commissioner and credit 
the balance to the county general revenue fund except as 
provided in paragraph (b).  
    (b) The commissioner must reimburse a county, from the game 
and fish fund, for the cost of keeping prisoners prosecuted for 
violations under this section if the county board, by 
resolution, directs:  (1) the county treasurer to submit all 
fines and forfeited bail to the commissioner; and (2) the county 
auditor to certify and submit monthly itemized statements to the 
commissioner.  
    Sec. 9.  Minnesota Statutes 1986, section 97A.075, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DEER AND BEAR LICENSES.] (a) For purposes 
of this subdivision, "deer license" means a license issued under 
section 97A.475, subdivision 2, clauses (4) and (5) and 
subdivision 3, clauses (2) and (3).  
    (b) At least $2 from each deer license shall be used for 
deer habitat improvement.  
    (c) At least $1 from each resident deer license and each 
resident bear license shall be used for deer and bear management 
programs, including a computerized licensing system.  
    Sec. 10.  Minnesota Statutes 1986, section 97A.085, 
subdivision 5, is amended to read:  
    Subd. 5.  [SPECIES GAME REFUGE FOR SPECIFIED GAME.] The 
commissioner may, by order, designate a species game refuge for 
only specified species. The game refuge must be posted 
accordingly.  
    Sec. 11.  Minnesota Statutes 1986, section 97A.085, 
subdivision 7, is amended to read:  
    Subd. 7.  [GAME REFUGE BOUNDARY POSTING.] (a) The 
designation of a state game refuge is not effective until the 
boundary has been posted with notices that measure at least 12 
inches.  The notices posted on state park boundaries must have 
black letters on a yellow background stating that the area is a 
state park.  The notices on other game refuges must have black 
letters on a white background stating that the area is a state 
game refuge.  
    (b) The notices must be posted at intervals of not more 
than 500 feet or less along the boundary.  The notices must also 
be posted at all public road entrances to the refuges, except 
where the boundary is also an international or state boundary in 
public waters.  Where the boundary of a refuge extends more than 
500 feet continuously through a body of water, instead of 
placing notices in the water, notices with the words, "Adjacent 
Waters Included," may be placed on the shoreline at the 
intersection of the boundary and the water 20 feet or less above 
the high water mark and at intervals of 500 feet or less along 
the shoreline.  
    (c) A certification by the commissioner or the director, or 
a certification filed with the commissioner or director by a 
conservation officer, refuge supervisor, or other authorized 
officer or employee, stating that the required notices have been 
posted is prima facie evidence of the posting.  
    Sec. 12.  Minnesota Statutes 1986, section 97A.111, 
subdivision 2, is amended to read:  
    Subd. 2.  [ISSUANCE OF LICENSE.] (a) The commissioner shall 
investigate the application filed and may require the applicant 
to produce evidence of the facts stated.  The commissioner shall 
issue a muskrat farm license to an applicant if the commissioner 
determines that: 
    (1) the applicant is the owner of the land; 
    (2) the applicant intends to establish and operate a 
muskrat farm; and 
    (3) the establishment of a muskrat farm in the proposed 
area will conserve the natural resources. 
    (b) The license must describe the land and certify that the 
licensee is entitled to use the land to breed, raise, trap, and 
trade muskrats.  The license expires on December 31 each year 
but may be renewed annually at the discretion of the 
commissioner upon payment of the license fee.  
    Sec. 13.  Minnesota Statutes 1986, section 97A.111, 
subdivision 7, is amended to read:  
    Subd. 7.  [ANNUAL REPORT.] By March 1 31 of each year, the 
licensee must submit a signed report to the commissioner 
covering the preceding calendar license year.  The report must 
be completed on a form furnished by the commissioner stating the 
license number, the number and value of muskrats killed, 
transported, and sold from the muskrat farm, and other 
information required by the commissioner.  
    Sec. 14.  Minnesota Statutes 1986, section 97A.121, 
subdivision 5, is amended to read:  
    Subd. 5.  [MARKING HARVESTED GAME.] Harvested game, except 
ducks that are marked in accordance with regulations of the 
United States Fish and Wildlife Service, must be tagged with a 
self-sealing tag, identifying the private shooting preserve.  
The commissioner shall issue the tags at a cost of 15 cents 
each.  The tag must remain attached on the bird until while the 
bird is actually prepared for consumption transported.  
    Sec. 15.  Minnesota Statutes 1986, section 97A.135, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PUBLIC HUNTING AND WILDLIFE AREAS.] (a) 
The commissioner or the commissioner of administration shall 
acquire and improve land for public hunting, game refuges, and 
food and cover planting.  The land may be acquired by a gift, 
lease, easement, purchase, or condemnation.  At least two-thirds 
of the total area acquired in a county must be open to public 
hunting.  The commissioner may designate land acquired under 
this subdivision as a wildlife management area for the purposes 
of the outdoor recreation system.  
    (b) The commissioner of administration may transfer money 
to the commissioner for acquiring wetlands wildlife lands to 
qualify for Pittman-Robertson funds.  The transferred money is 
reappropriated to the commissioner for the wetland wildlife land 
acquisition.  
    Sec. 16.  Minnesota Statutes 1986, section 97A.201, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ENFORCEMENT BY THE COMMISSIONER.] The 
commissioner shall execute and enforce the laws relating to wild 
animals.  The commissioner may delegate execution and 
enforcement of the wild animal laws to the director, game refuge 
managers, and conservation enforcement officers.  
    Sec. 17.  Minnesota Statutes 1986, section 97A.211, 
subdivision 1, is amended to read:  
    Subdivision 1.  [NOTICE TO APPEAR IN COURT.] (a) A person 
must be given notice to appear in court for a misdemeanor 
violation of the game and fish laws, chapter 84, 105, or 106 
106A, or section 609.68 if: 
    (1) the person is arrested and is released from custody 
prior to appearing before a court; or 
    (2) the person is subject to a lawful arrest and is not 
arrested because it reasonably appears to the enforcement 
officer that arrest is unnecessary to prevent further criminal 
conduct and that there is a substantial likelihood that the 
person will respond to a notice.  
    (b) The enforcement officer shall prepare, in 
quadruplicate, a written notice to appear in court.  The notice 
must be in the form and has the effect of a summons and 
complaint.  The notice must contain the name and address of the 
person charged, the offense, and the time and the place to 
appear in court.  The court must have jurisdiction within the 
county where the offense is alleged to have been committed.  
    Sec. 18.  Minnesota Statutes 1986, section 97A.211, 
subdivision 2, is amended to read:  
    Subd. 2.  [RELEASE AFTER ARREST.] A person arrested for a 
misdemeanor violation of the game and fish laws, chapter 84, 
105, or 106 106A or section 609.68 may obtain release by signing 
the written notice prepared by the arresting officer promising 
to appear in court.  The officer shall deliver a copy marked 
"SUMMONS" to the person arrested.  The officer must then release 
the person from custody.  
    Sec. 19.  Minnesota Statutes 1986, section 97A.221, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PROPERTY SUBJECT TO CONFISCATION.] (a) An 
enforcement officer may confiscate: 
    (1) wild animals, wild rice, and other aquatic vegetation 
taken, bought, sold, transported, or possessed in violation of 
the game and fish laws or chapter 84; and 
    (2) firearms, bows and arrows, nets, boats, lines, poles, 
fishing rods and tackle, lights, lanterns, snares, traps, 
spears, dark houses, fish houses, and wild rice harvesting 
equipment that are used, with the owner's knowledge to 
unlawfully take or transport wild animals, wild rice, or other 
aquatic vegetation.  
    (b) An enforcement officer must confiscate nets and 
equipment unlawfully possessed within ten miles of Lake of the 
Woods or Rainy Lake.  
    (c) Confiscated property may be disposed of, retained for 
use by the division, or sold at the highest price obtainable as 
prescribed by the commissioner.  
    Sec. 20.  Minnesota Statutes 1986, section 97A.255, 
subdivision 2, is amended to read:  
    Subd. 2.  [BURDEN OF PROOF.] In a prosecution that alleges 
animals have been taken, bought, sold, transported, or possessed 
in violation of the game and fish laws, the burden of 
establishing that the animals were domesticated, reared in a 
private preserve, raised in a private fish hatchery, taken for 
scientific purposes, or lawfully taken outside of this state, or 
received as a gift, is on the defendant. 
    Sec. 21.  Minnesota Statutes 1986, section 97A.311, 
subdivision 4, is amended to read:  
    Subd. 4.  [SUSPENSION OF LICENSE AGENT SUSPENSION.] In 
addition to other penalties, a license agent that violates a 
law, rule, or order of the commissioner relating to license 
sales, handling, or accounting forfeits the right to sell and 
handle licenses for a period of one year.  
    Sec. 22.  Minnesota Statutes 1986, section 97A.315, 
subdivision 2, is amended to read:  
    Subd. 2.  [LICENSE REVOCATIONS.] (a) If a person is 
convicted under subdivision 1 of trespassing under subdivision 1 
while exercising or attempting to exercise an activity licensed 
under the game and fish laws or requiring snowmobile 
registration under section 84.82, the applicable license and 
registration are null and void. 
    (b) A person convicted of a gross misdemeanor under 
subdivision 1, paragraph (b), may not be issued a license to 
take game for two years after the conviction.  
    Sec. 23.  Minnesota Statutes 1986, section 97A.325, 
subdivision 1, is amended to read:  
    Subdivision 1.  [GROSS MISDEMEANOR FOR SALES OF $300 OR 
MORE.] (a) A person that buys or sells protected wild animals in 
violation of the game and fish laws where the sales total $300 
or more is guilty of a gross misdemeanor.  The person is subject 
to the penalty in section 97A,301 97A.301, subdivision 2, except 
that the fine is may not be less than $3,000 or more than 
$10,000. 
    (b) Licenses possessed by a person convicted under this 
subdivision are null and void and the person may not take wild 
animals for three years after the conviction.  
    Sec. 24.  Minnesota Statutes 1986, section 97A.331, 
subdivision 1, is amended to read:  
    Subdivision 1.  [HUNTING WHILE INTOXICATED OR USING 
NARCOTIC DRUGS UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED 
SUBSTANCE.] A person that violates a the provision of section 
97B.065 relating to hunting while visibly intoxicated or under 
the influence of alcohol or a narcotic drug under section 
97B.065, controlled substance is guilty of a gross misdemeanor.  
    Sec. 25.  Minnesota Statutes 1986, section 97A.405, 
subdivision 2, is amended to read:  
    Subd. 2.  [PERSONAL POSSESSION.] A person to whom a license 
is issued must have the license in personal possession while 
acting under the license and while traveling to and from the 
area where the licensed activity is performed.  If possession of 
a license is required, a person must exhibit the proper license 
when requested by a conservation officer or peace officer.  A 
receipt for license fees, a copy of a license, or evidence 
showing the issuance of a license does not entitle a licensee to 
exercise the rights or privileges conferred by a license.  
    Sec. 26.  Minnesota Statutes 1986, section 97A.415, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ONE LICENSE PER PERSON.] Only one trapping 
and big game license of each kind may be issued to a person in a 
license year, except the nonresident short-term angling license, 
unless authorized by commissioner's order.  
    Sec. 27.  Minnesota Statutes 1986, section 97A.421, 
subdivision 1, is amended to read:  
    Subdivision 1.  [GENERAL.] (a) The license of a person 
convicted of a violation of the game and fish laws relating to 
the license or wild animals covered by the license is void when: 
    (1) a second conviction occurs within three years under a 
license to take small game or to take fish by angling or 
spearing; 
    (2) a third conviction occurs within one year under a 
minnow dealer's license; or 
    (3) the conviction occurs under a license not described in 
clause (1) or (2).  
    (b) Except for big game licenses and as otherwise provided 
in this section, and for one year after the conviction, the 
person may not obtain that the kind of license relating to the 
game and fish law violation.  
    Sec. 28. Minnesota Statutes 1986, section 97A.425, is 
amended to read: 
    97A.425 [RECORD AND REPORTING REQUIREMENTS FOR DEALERS, 
TANNERS, AND TAXIDERMISTS.] 
    Subdivision 1.  [REQUIREMENT.] A person required to have a 
license under the game and fish laws to buy or sell wild 
animals, to tan or dress raw furs, or to mount specimens of wild 
animals, must keep complete records in a book of all 
transactions and activities covered by the license and submit 
reports to the commissioner.  
    Subd. 2.  [RECORDS.] (a) The records must show: 
    (1) the names and addresses of persons from whom wild 
animals were obtained and to whom they were transferred; 
    (2) the dates of receipt, shipment, and sale of wild 
animals; 
    (3) detailed descriptions of the number and type of wild 
animals purchased, sold, and shipped; 
    (4) serial numbers of seals, tags, or permits required to 
be attached to the wild animals; and 
    (5) trapping license numbers for protected fur-bearing 
animals, unless the trapper is exempt from the license 
requirement, which must be noted. 
    (b) A licensed fur dealer, buying for one employer at the 
employer's place of business is not required to keep separate 
records if the employer notifies the commissioner in writing 
that the employer will account for the fur dealer. 
    (c) The records required under this section must be 
available for inspection by the commissioner, the director, or 
their agents at all reasonable times.  The records must be 
preserved and available for two years after the expiration of a 
license that required them. 
    (d) Records required of persons licensed to buy or sell 
wild animals, or to tan or dress raw furs, must be kept in a 
book supplied by the commissioner.  
    Subd. 3.  [REPORTS.] Except for persons licensed to mount 
specimens of wild animals, an annual notarized report covering 
the preceding calendar license year must be submitted to the 
commissioner by January March 15.  The commissioner may require 
other reports for statistical purposes.  The reports must be on 
forms supplied by the commissioner. 
    Sec. 29.  Minnesota Statutes 1986, section 97A.445, 
subdivision 3, is amended to read:  
    Subd. 3.  [ANGLING AND SPEARING; DISABLED RAILROAD AND 
POSTAL RETIREES.] A license is not required to take fish by 
angling or spearing for a resident that is: 
    (1) receiving aid under the federal Railroad Retirement Act 
of 1937, United States Code Annotated, title 45, section 
228b(a)5; or 
    (2) a former employee of the United States Postal Service 
receiving disability pay under United States Code Annotated, 
title 4, section 8337.  
    Sec. 30.  Minnesota Statutes 1986, section 97A.451, 
subdivision 1, is amended to read:  
    Subdivision 1.  [RESIDENTS OVER AGE 65; FISHING.] A 
resident age 65 or over may take fish by angling or spearing 
without a license if the resident has a valid driver's license, 
Minnesota identification card, or other document showing age and 
residency in possession while taking fish and while traveling to 
and from the location where fish are taken.  The person must 
exhibit the proof of age at the request of a conservation 
officer or peace officer.  
    Sec. 31.  Minnesota Statutes 1986, section 97A.451, 
subdivision 5, is amended to read:  
    Subd. 5.  [NONRESIDENTS UNDER AGE 16; FISHING WITH 
PARENTS.] A nonresident under the age of 16 may take fish by 
angling without a license if a parent or guardian has 
a nonresident fishing license.  Fish taken by a nonresident 
under the age of 16 without a license must be included in the 
limit of the parent or guardian.  A nonresident under age 16 may 
purchase a nonresident fishing license, take fish by angling, 
and possess a limit of fish.  
    Sec. 32.  Minnesota Statutes 1986, section 97A.475, 
subdivision 7, is amended to read:  
    Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
licenses, to be issued to nonresidents, shall be 
    (1) to take fish by angling, $16; 
    (2) to take fish by angling limited to seven consecutive 
days, $13; 
    (3) to take fish by angling for three consecutive days, 
$10; and 
    (4) to take fish by angling for a combined license for a 
family, $27.50.  
    Sec. 33.  Minnesota Statutes 1986, section 97A.481, is 
amended to read:  
    97A.481 [LICENSE APPLICATIONS UNDER OATH.] 
    All information required on a license application form must 
be furnished.  The application must be made in writing and under 
oath.  A person authorized to issue licenses has the authority 
to administer oaths to applicants, and a license may not be 
issued without actually administering the oath.  
    Sec. 34.  Minnesota Statutes 1986, section 97A.505, 
subdivision 4, is amended to read:  
    Subd. 4.  [STORAGE OF PROTECTED WILD ANIMALS.] A person 
that stores protected wild animals for others must plainly mark 
the package, in ink, with the name and address of the owner, the 
license number of the person taking the animal, and the number 
and species in the package.  A person may not use a commercial 
cold storage warehouse for protected wild animals, except 
lawfully taken fish and furs.  
    Sec. 35.  Minnesota Statutes 1986, section 97A.505, 
subdivision 5, is amended to read:  
    Subd. 5.  [LICENSE NOT REQUIRED FOR ANIMALS ACQUIRED BY 
GIFT.] Lawfully taken protected wild animals may be transferred 
by gift.  A person is not required to have a license to possess 
and transport protected wild animals acquired by gift if the 
person has written proof as prescribed by the commissioner.  If 
wild animals are transported out of the county where the 
recipient resides, the recipient must: 
    (1) attach a tag marked in ink, with the name and address 
of the owner and the license number of the person taking the 
animals; or 
    (2) furnish an affidavit showing the name and address of 
the donor.  
    Sec. 36.  Minnesota Statutes 1986, section 97A.535, 
subdivision 3, is amended to read:  
    Subd. 3.  [TRANSPORTATION PERIOD RESTRICTED.] A person may 
transport one deer, one bear, or one moose during the open 
season and the two days following the season, and afterwards as 
prescribed by the commissioner.  
    Sec. 37.  Minnesota Statutes 1986, section 97A.535, 
subdivision 4, is amended to read:  
    Subd. 4.  [TRANSPORTATION BY PERSON OTHER THAN LICENSEE.] A 
person other than the licensee may transport deer, bear, or 
moose that the licensee has registered as prescribed by the 
commissioner.  The person must transport the animal by the most 
direct route.  A tag must be attached to the animal and marked 
in ink with the address, license number, signature of the 
licensee, and the locations from which and to which the animal 
is being transported.  
    Sec. 38.  Minnesota Statutes 1986, section 97A.545, 
subdivision 4, is amended to read:  
    Subd. 4.  [UNDRESSED GAME BIRDS TAKEN IN ADJACENT 
STATES OUTSIDE OF THIS STATE.] (a) A person may transport into 
the state dressed undressed game birds that are lawfully taken 
and possessed in adjacent states outside of this state.  
    (b) A resident may ship the undressed game birds by common 
carrier within the state.  A nonresident may ship the undressed 
game birds out of the state by common carrier.  Each shipment 
must be tagged or sealed by a conservation officer as prescribed 
by the commissioner.  
    Sec. 39.  Minnesota Statutes 1986, section 97A.551, 
subdivision 3, is amended to read:  
    Subd. 3.  [SHIPPING ONE FISH TO ANY PERSON.] A person that 
has a license to take fish may ship one make three shipments of 
fish in a license year to any person within or out of the state 
after obtaining a permit for each shipment from the 
commissioner.  A shipment may not contain more than a possession 
limit of one species of fish per licensee. 
    Sec. 40.  Minnesota Statutes 1986, section 97B.001, 
subdivision 3, is amended to read:  
    Subd. 3.  [ENTERING LAND PROHIBITED AFTER NOTICE.] Except 
as provided in subdivisions 5 and subdivision 6, a person may 
not enter any land to take a wild animal after being notified 
not to do so orally by the owner, occupant, or lessee.  
    Sec. 41.  Minnesota Statutes 1986, section 97B.001, 
subdivision 5, is amended to read:  
    Subd. 5.  [RETRIEVING WOUNDED GAME FROM AGRICULTURAL LAND.] 
Except as provided in subdivision 3, a hunter, on foot, may 
retrieve wounded game, during the open season for the game, from 
agricultural land that is not posted under subdivision 4, 
without permission of the landowner.  The hunter must leave the 
land immediately after retrieving the wounded game.  
    Sec. 42.  Minnesota Statutes 1986, section 97B.001, 
subdivision 7, is amended to read:  
    Subd. 7.  [TAKING WITH FIREARMS IN CERTAIN AREAS.] (a) A 
person may not take a wild animal with a firearm within 500 feet 
of a building occupied by a human or livestock without the 
written permission of the owner or occupant:  
    (1) on another person's private agricultural land; or 
    (2) on a public right-of-way.  
    (b) A person may not take a wild animal with a firearm 
without the written permission of the owner within 500 feet of a 
stockade or corral containing livestock.  
    (c) A person may not take a wild animal with a firearm: 
    (1) on land other than agricultural land within 200 feet of 
a building occupied by a human without the oral permission of 
the owner or occupant of the building; or 
    (2) within 500 feet of a burning area. 
    Sec. 43.  Minnesota Statutes 1986, section 97B.041, is 
amended to read:  
    97B.041 [POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED 
IN DEER ZONES.] 
    A person may not possess a firearm or ammunition outdoors 
during the period beginning the tenth day before the open 
firearms season and ending the second day after the close of the 
season within an area where deer may be taken by a firearm, 
except: 
    (1) during the open season and in an area where big game 
may be taken, a firearm and ammunition authorized for taking big 
game in that area may be used to take big game in that area if 
the person has a valid big game license in possession; 
    (2) a an unloaded firearm that is unloaded and in a case or 
in a closed trunk of a motor vehicle; 
    (3) a shotgun and only shells containing No. 4 buckshot or 
smaller diameter lead shot or steel shot; 
    (4) a handgun or rifle and only short, long, and long rifle 
cartridges that are caliber of .22 inches; 
    (5) handguns possessed by a person authorized to carry a 
handgun under sections 624.714 and 624.715 for the purpose 
authorized; and 
    (6) on a target range operated under a permit from the 
commissioner.  
    Sec. 44.  Minnesota Statutes 1986, section 97B.061, is 
amended to read:  
    97B.061 [REPORTS AND RECORDS.] 
    If requested by the commissioner, a person who has taken 
game must submit a report to the commissioner on a furnished 
form before February 1 March 15, stating the number and kind of 
each game animal taken during the preceding calendar license 
year.  
    Sec. 45.  Minnesota Statutes 1986, section 97B.065, is 
amended to read:  
    97B.065 [HUNTING WHILE INTOXICATED OR USING NARCOTICS 
PROHIBITED UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED 
SUBSTANCE.] 
    A person may not take protected wild animals with a firearm 
or by archery while visibly intoxicated or under the influence 
of narcotics alcohol or a controlled substance.  
    Sec. 46.  Minnesota Statutes 1986, section 97B.081, 
subdivision 1, is amended to read:  
    Subdivision 1.  [WITH FIREARMS AND BOWS.] (a) 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, 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 kill big game.  
    (b) This subdivision 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 subdivision 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 subdivision does not apply to persons taking 
raccoons under section 97B.621, subdivision 3.  
    Sec. 47.  Minnesota Statutes 1986, section 97B.601, 
subdivision 4, is amended to read:  
    Subd. 4.  [EXCEPTION TO LICENSE REQUIREMENTS.] (a) A 
resident under age 16 may take small game without a small game 
license, and a resident under age 13 may trap without a trapping 
license, as provided in section 97A.451, subdivision 3. 
    (b) A person may take small game without a small game 
license on land occupied by the person as a principal residence. 
    (c) An owner or occupant may take certain small game 
causing damage without a small game or trapping license as 
provided in section 97B.655.  
    (d) A person may use dogs to pursue and tree raccoons under 
section 97B.621, subdivision 2, during the closed season without 
a license.  
    Sec. 48.  Minnesota Statutes 1986, section 97B.605, is 
amended to read:  
    97B.605 [COMMISSIONER MAY RESTRICT TAKING OF CERTAIN SMALL 
GAME ANIMALS.] 
    The commissioner may prescribe restrictions on and 
designate areas where gray and fox squirrels;, cottontail and 
jack rabbits;, snowshoe hare;, raccoon;, lynx;, 
bobcat;, red fox and gray fox; fishers;, fisher, pine marten, 
opossum, and badger may be taken and possessed.  
    Sec. 49.  Minnesota Statutes 1986, section 97B.635, is 
amended to read:  
    97B.635 [FISHER; BADGER; OPPOSSUM OPOSSUM; AND PINE 
MARTEN.] 
    Based upon population estimates, the commissioner may set 
the open season for fisher, badger, oppossum opossum, and pine 
marten.  
    Sec. 50.  Minnesota Statutes 1986, section 97B.655, 
subdivision 2, is amended to read:  
    Subd. 2.  [SPECIAL PERMIT FOR TAKING PROTECTED WILD 
ANIMALS.] The commissioner may issue special permits under 
section 97A.401, subdivision 5, to take protected wild animals 
that are damaging property.  A person must have the required 
license and seals to take beaver under the permit.  
    Sec. 51.  Minnesota Statutes 1986, section 97B.701, 
subdivision 2, is amended to read:  
    Subd. 2.  [PROHIBITED METHODS OF TAKING.] A person may not 
take protected birds: 
    (1) with a trap, net, or snare; 
    (2) using bird lime; 
    (3) with a swivel or set gun; or 
    (4) by dragging a rope, wire, or other device across a 
field; or 
    (5) by using fire.  
    Sec. 52.  Minnesota Statutes 1986, 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, bows and arrows, 
and spear guns allowed under section 97C.381 on or near waters 
between sunrise and sunset after April 30 between May 1 and 
February 15.  
    Sec. 53.  Minnesota Statutes 1986, section 97C.345, 
subdivision 3, is amended to read:  
    Subd. 3.  [DIP NETS.] A person may possess and use a dip 
net between one hour before sunrise and one hour after 
sunset after April 30 between May 1 and February 15.  
    Sec. 54.  [REPEALER.] 
    Minnesota Statutes 1986, sections 97A.065, subdivision 4; 
97A.255, subdivision 3; 97A.505, subdivisions 1, 3, and 6; and 
97A.551, subdivision 1, are repealed. 

                               ARTICLE 2 

                       CROSS REFERENCE AMENDMENTS 
    Section 1.  Minnesota Statutes 1986, section 84.0894, is 
amended to read:  
    84.0894 [ENFORCEMENT OF AQUATIC PLANTS AND ENDANGERED 
SPECIES.] 
    An enforcement officer shall enforce a violation of Laws 
1986, chapter 386, article 4, sections 9 to 13 84.0895, 84.091, 
84.092, 84.093, and 84.152 in the same manner as a violation of 
the game and fish laws.  
    Sec. 2.  Minnesota Statutes 1986, section 84.928, 
subdivision 7, is amended to read:  
    Subd. 7.  [LIABILITY TO ROAD OR TRAIL AUTHORITY.] When a 
road, trail, or highway right-of-way is used as provided by 
sections 84.92 to 84.928, 85.018, 100.273, subdivision 9, and 
296.16, the authority having jurisdiction and the officers and 
employees of the authority are exempt from liability for any 
claim by any person arising from that use.  This section shall 
have no effect on the liability of any party or organization 
having responsibility for the maintenance of a trail or roadway 
for all-terrain vehicles. 
    Sec. 3.  Minnesota Statutes 1986, section 84.944, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ACQUISITION CONSIDERATIONS.] In 
determining what critical natural habitat shall be acquired or 
improved, the commissioner shall consider: 
    (1) the significance of the land or water as existing or 
potential habitat for fish and wildlife and providing fish and 
wildlife oriented recreation; 
    (2) the significance of the land, water, or habitat 
improvement to maintain or enhance native plant, fish, or 
wildlife species designated as endangered or threatened under 
section 97.488 84.0895; 
    (3) the presence of native ecological communities that are 
now uncommon or diminishing; and 
    (4) the significance of the land, water or habitat 
improvement to protect or enhance natural features within or 
contiguous to natural areas including fish spawning areas, 
wildlife management areas, scientific and natural areas, 
riparian habitat and fish and wildlife management projects. 
    Sec. 4.  Minnesota Statutes 1986, section 84.944, 
subdivision 2, is amended to read:  
    Subd. 2.  [DESIGNATION OF ACQUIRED SITES.] The critical 
natural habitat acquired by the commissioner under this section 
shall be designated by the commissioner as:  (1) an outdoor 
recreation unit pursuant to section 86A.07, subdivision 3, or 
(2) as provided in section 97.48, subdivision 11, 26, or 27, 
101.42, subdivision 9, or 101.475 sections 97A.101, 97A.125, 
97C.001, 97C.011, and 97C.021. 
    Sec. 5.  Minnesota Statutes 1986, section 84.944, 
subdivision 3, is amended to read:  
    Subd. 3.  [COUNTY ACQUISITION APPROVAL.] The commissioner 
must follow the procedures under section 97.481 97A.145, 
subdivision 2, for critical natural habitat acquired under this 
section. 
    Sec. 6.  Minnesota Statutes 1986, section 85.41, 
subdivision 2, is amended to read:  
    Subd. 2.  [LICENSE AGENTS.] County auditors are appointed 
agents of the commissioner for the sale of annual cross country 
ski licenses and daily permits.  A county auditor may appoint 
subagents within the county or within adjacent counties to sell 
licenses and permits.  Upon appointment the auditor shall notify 
the commissioner of the name and address of the subagent.  The 
auditor may revoke the appointment of a subagent at any time.  
Upon demand of the commissioner, the auditor shall revoke a 
subagent's appointment.  The auditor shall furnish license and 
permit blanks on consignment to any subagent who furnishes a 
surety bond in favor of the county in an amount at least equal 
to the value of the blanks to be consigned to that subagent.  
The county auditor shall be responsible for all blanks issued 
to, and user fees received by agents, except in St. Louis county 
or in a county where the county auditor does not retain fees 
paid for license purposes.  In these counties, the 
responsibilities imposed upon the county auditor are imposed 
upon the county.  The commissioner may promulgate additional 
rules pursuant to as provided in section 98.50, subdivision 2 
97A.485, subdivision 11.  
    Any resident desiring to sell annual cross country ski 
licenses and daily permits may either purchase for cash or 
obtain on consignment license and permit blanks from a county 
auditor in groups of not less than ten individual blanks.  In 
selling licenses, the resident shall be deemed a subagent of the 
county auditor and the commissioner, and shall observe all rules 
promulgated by the commissioner for the accounting and handling 
of licenses pursuant to section 98.50, subdivision 10 97A.485.  
    The county auditor shall promptly deposit all monies 
received from the sale of licenses and permits with the county 
treasurer, and shall promptly transmit any reports required by 
the commissioner, plus 96 percent of the price to each annual 
licensee, exclusive of the issuing fee, for each annual license 
sold or consigned by the auditor and subsequently sold to a 
licensee during the accounting period.  The county auditor shall 
retain as a commission four percent of all annual license fees, 
excluding the issuing fee for licenses consigned to subagents.  
    Unsold blanks in the hands of any subagent shall be 
redeemed by the commissioner if presented for redemption within 
the time prescribed by the commissioner.  Any blanks not 
presented for redemption within the period prescribed shall be 
conclusively presumed to have been sold, and the subagent 
possessing the same or to whom they are charged shall be 
accountable.  
    Sec. 7.  Minnesota Statutes 1986, section 106A.085, 
subdivision 1, is amended to read:  
    Subdivision 1.  [WARRANTS AND ARRESTS.] The commissioner, 
director of the fish and game division, game refuge patrol 
officers, and conservation officers An enforcement officer, as 
defined in section 97A.015, subdivision 18, may execute and 
serve warrants, and arrest persons detected in actual violation 
of sections 106A.005 to 106A.811 as provided in section 97.50, 
subdivision 1 sections 97A.205 and 97A.211. 
    Sec. 8.  Minnesota Statutes 1986, section 106A.401, 
subdivision 1, is amended to read:  
    Subdivision 1.  [COMMISSIONER MUST RECOGNIZE DRAINAGE 
OUTLET PROCEEDINGS WHEN PURCHASING WETLANDS.] If the 
commissioner purchases wetlands under section 97.481 97A.145, 
the commissioner must recognize that when a majority of 
landowners or owners of a majority of the land in the watershed, 
petition for a drainage outlet, the state should not interfere 
with or unnecessarily delay the drainage proceedings if the 
proceedings are conducted according to this chapter.  
    Sec. 9.  Minnesota Statutes 1986, section 106A.615, 
subdivision 6, is amended to read:  
    Subd. 6.  [ASSESSMENTS ON WILDLIFE LANDS TO BE PAID FROM 
WILDLIFE ACQUISITION FUND.] An assessment against state land 
acquired for wildlife habitat shall be paid from the wildlife 
acquisition fund as provided in section 97.484 97A.071, 
subdivision 4.  
    Sec. 10.  Minnesota Statutes 1986, section 144.95, 
subdivision 4, is amended to read:  
    Subd. 4.  [RESEARCH TRIALS.] Research trials of mosquito 
management methods and materials are subject to the following 
laws and rules unless a specific written exemption, license, or 
waiver is granted; sections 97.48, 97.488, 98.48 84.0895, 
84.092, 97A.045, subdivision 1, 105.38, 105.41, and 105.463; and 
Minnesota Rules, chapters 1505, 6115, 6120, 6134, and 6140. 
    Sec. 11.  Minnesota Statutes 1986, section 626.861, 
subdivision 4, is amended to read:  
    Subd. 4.  [PEACE OFFICERS TRAINING ACCOUNT.] Receipts from 
penalty assessments must be credited to a peace officers 
training account in the special revenue fund.  Money credited to 
the peace officers training account may be appropriated for but 
not limited to the following purposes, among others: 
    (a) Up to ten percent may be provided for reimbursement to 
board approved skills courses in proportion to the number of 
students successfully completing the board's skills licensing 
examination. 
    (b) Assessments related to violations described in section 
97.49, subdivision 5 97A.065, subdivision 2, are appropriated to 
provide peace officer training for persons employed by the 
commissioner of natural resources who are licensed under section 
626.84, subdivision 1, clause (c), and who possess peace officer 
authority for the purpose of enforcing game and fish laws.  
    (c) The balance may be used to pay each local unit of 
government an amount in proportion to the number of licensed 
peace officers and constables employed, at a rate to be 
determined by the board.  The disbursed amount must be used 
exclusively for reimbursement of the cost of in-service training 
required under this chapter and chapter 214. 
    Approved May 15, 1987