Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 588-H.F.No. 2265 
           An act relating to game and fish; affording protection 
          to and authorizing a season on crows; regulating 
          seasons and release and taking of pheasants on private 
          shooting preserves; authorizing residents under 16 to 
          take turkeys if they possess a firearms safety 
          certificate; authorizing nursing home residents to 
          fish without a license and disabled hunters to take 
          deer or turkey with crossbows; exempting hunters on 
          shooting preserves from the pheasant stamp requirement;
          authorizing use of battery powered landing nets in 
          taking fish; regulating the taking of walleyed pike in 
          the Rainy River; redefining a private fish hatchery 
          for licensing purposes and regulating the acquisition 
          of fish and acquisition and transportation of minnows; 
          regulating the mesh size of Lake Superior ciscoe nets 
          and authorizing aeration of public waters by riparian 
          landowners under permit; amending Minnesota Statutes 
          1986, sections 97A.015, subdivision 52; 97A.121, 
          subdivision 2, and by adding a subdivision; 97A.435, 
          subdivision 2; 97A.445, subdivision 2; 97B.715, 
          subdivision 1; 97B.731, by adding a subdivision; 
          97C.515, by adding a subdivision; 97C.805, subdivision 
          2; 378.22, by adding a subdivision; Minnesota Statutes 
          1987 Supplement, sections 97C.211, subdivisions 1 and 
          2a; and 378.22, subdivision 2; proposing coding for 
          new law in Minnesota Statutes, chapters 97B and 97C; 
          repealing Minnesota Statutes 1987 Supplement, sections 
          97B.315 and 97C.402. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1986, section 97A.015, 
subdivision 52, is amended to read:  
    Subd. 52.  [UNPROTECTED BIRDS.] "Unprotected birds" means 
English sparrow, blackbird, crow, starling, magpie, cormorant, 
common pigeon, and great horned owl.  
    Sec. 2.  Minnesota Statutes 1986, section 97A.121, 
subdivision 2, is amended to read:  
    Subd. 2.  [SEASON.] The open season for hunting in private 
shooting preserves is from September 1 July 15 through March 
31 April 15.  Sanctioned registered field trials in private 
shooting preserves may be held from April 16 to July 14 after 
notification to the commissioner.  The commissioner may restrict 
the open season after receiving a complaint, holding a public 
hearing, and finding that the population of wild game birds is 
in danger by hunting in the preserve.  
    Sec. 3.  Minnesota Statutes 1986, section 97A.121, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [PHEASANTS.] A private shooting preserve 
licensed to release pheasants must release at least 500 
pheasants on the licensed shooting preserve area during the 
private shooting preserve hunting season.  At least 20 pheasants 
must be released within 14 days before a day that pheasants are 
hunted.  The number of pheasants harvested may not exceed 95 
percent of the number of pheasants released during the private 
shooting preserve hunting season. 
    Sec. 4.  Minnesota Statutes 1986, section 97A.435, 
subdivision 2, is amended to read:  
    Subd. 2.  [ELIGIBILITY.] Persons eligible for a turkey 
license shall be determined by this section and commissioner's 
order.  A person is eligible for a turkey license only if the 
person is a resident and at least age 16 before the season opens 
or possesses a firearms safety certificate. 
    Sec. 5.  Minnesota Statutes 1986, section 97A.445, 
subdivision 2, is amended to read:  
    Subd. 2.  [ANGLING; INSTITUTIONAL RESIDENTS.] A license is 
not required to take fish by angling with the written consent of 
the superintendent or chief executive of the institution for the 
following persons: 
    (1) a resident of a state hospital; 
    (2) a patient of a United States Veterans Administration 
hospital; and 
    (3) an inmate of a state correctional facility; and 
    (4) a resident of a nursing home. 
    Sec. 6.  [97B.106] [CROSSBOW PERMITS FOR HUNTING.] 
    The commissioner may issue a special permit, without a fee, 
to take deer or turkey with a crossbow to a person that is 
unable to hunt by archery because of a permanent physical 
disability.  The disability, established by medical evidence, 
and the inability to hunt by archery must be verified in writing 
by a licensed physician.  The person must obtain the appropriate 
license.  The crossbow must:  
    (1) be fired from the shoulder;  
    (2) deliver at least 42 foot-pounds of energy at a distance 
of ten feet;  
    (3) have a stock at least 30 inches long;  
    (4) have a working safety; and 
    (5) be used with arrows or bolts at least ten inches long 
with a broadhead. 
    Sec. 7.  Minnesota Statutes 1986, section 97B.715, 
subdivision 1, is amended to read:  
    Subdivision 1.  [STAMP REQUIRED.] (a) Except as provided in 
paragraph (b), a person required to possess a small game license 
may not hunt pheasants without a pheasant stamp in possession.  
    (b) The following persons are exempt from this subdivision: 
    (1) residents under age 18 or over age 65; and 
    (2) persons hunting on licensed private shooting preserves 
in Norman, Becker, Wadena, Cass, Crow Wing, Aitkin, or Carlton 
county, and locations north of the northern boundaries of these 
counties.  
    Sec. 8.  Minnesota Statutes 1986, section 97B.731, is 
amended by adding a subdivision to read: 
    Subd. 3.  [CROW SEASON.] The commissioner shall prescribe a 
124-day open season and restrictions for taking crows.  The open 
season may not be shorter than the maximum season allowed under 
federal law.  The remainder of the year crows may be taken as 
allowed by federal law. 
    Sec. 9.  [97C.347] [LANDING NETS.] 
    Subdivision 1.  [USE AND POSSESSION.] A person may use and 
possess a landing net to net a fish taken by angling.  
    Subd. 2.  [ELECTRIC LANDING NETS.] A person may net fish 
taken by angling with a battery powered landing net that 
discharges an electric current if the net is designed to 
temporarily immobilize the fish so that it can be safely 
released, provided the batteries do not exceed nine volts and 
the current produced does not exceed 40 milliamps. 
    Subd. 3.  [STUDY; LIMITATION.] The commissioner must 
conduct a study to determine how electric landing nets affect 
the fishery resource, including proper law enforcement.  The 
study must be completed by January 1, 1990. 
    Sec. 10.  [97C.403] [RAINY RIVER WALLEYE RESTRICTIONS.] 
    Subdivision 1.  [POSSESSION LIMIT.] The possession limit 
for walleyes taken from the Rainy River is six per day. 
    Subd. 2.  [SIZE LIMIT.] (a) Except as provided in paragraph 
(b), only one walleye over 19-1/2 inches in length may be 
included in the limit taken from the Rainy River each day. 
    (b) From March 1 until April 14, a person may take walleyes 
from the Rainy River but the walleyes possessed for a limit may 
not exceed 19-1/2 inches. 
    Subd. 3.  [OPEN SEASON.] The open season for walleye in the 
Rainy River is from the third Saturday in May until April 14. 
    Subd. 4.  [COMMISSIONER'S RESTRICTIONS.] The commissioner 
shall attempt to negotiate an agreement with the province of 
Ontario for walleye seasons and limits that substantially comply 
with subdivisions 1, 2, and 3, and make every effort to 
bilaterally close the Rainy River during the spawning season 
between March 1 and April 14.  If an agreement is made, the 
commissioner may, by order, set different limits and seasons for 
taking walleyes from the Rainy River in accordance with the 
agreement, provided the size limits in subdivision 2 are not 
exceeded. 
    Sec. 11.  Minnesota Statutes 1987 Supplement, section 
97C.211, subdivision 1, is amended to read:  
    Subdivision 1.  [LICENSE REQUIRED.] A person may not 
operate a private fish hatchery without a private fish hatchery 
license.  A private fish hatchery is a facility for raising 
fish, including minnows, for sale for, stocking waters or for, 
angling, or processing. 
    Sec. 12.  Minnesota Statutes 1987 Supplement, section 
97C.211, subdivision 2a, is amended to read:  
    Subd. 2a.  [ACQUISITION OF FISH.] (a) A private fish 
hatchery may not obtain fish outside of the state unless the 
fish or the source of the fish are approved by the commissioner. 
The commissioner may apply more stringent requirements to fish 
or a source of fish from outside the state than are applied to 
fish and sources of fish from within the state.  The 
commissioner must either approve or deny the acquisition within 
30 days after receiving a written request for approval.  Minnows 
acquired must be processed and not released into public waters, 
except as provided in section 97C.515, subdivision 4.  A request 
may be for annual acquisition. 
    (b) If the commissioner denies approval, a written notice 
must be submitted to the applicant stating the reasons for the 
denial and the commissioner must:  
    (1) designate approved sources to obtain the desired fish 
or fish eggs; or 
    (2) sell the fish or fish eggs from state fish hatcheries 
at fair market value.  
     Sec. 13.  Minnesota Statutes 1986, section 97C.515, is 
amended by adding a subdivision to read: 
    Subd. 4.  [PRIVATE FISH HATCHERY.] A person with a private 
fish hatchery license may transport minnows from contiguous 
states to the private fish hatchery, provided the minnows are 
used for processing or feeding hatchery fish.  The commissioner 
may require inspection of minnows transported from outside the 
state. 
    Sec. 14.  Minnesota Statutes 1986, section 97C.805, 
subdivision 2, is amended to read:  
    Subd. 2.  [RESTRICTIONS.] (a) The netting of lake whitefish 
and ciscoes is subject to the restrictions in this subdivision.  
    (b) A person may not use: 
    (1) more than two nets; 
    (2) a net more than 100 feet long; or 
    (3) a net more than three feet wide. 
    (c) The mesh size of the nets may not be less than: 
    (1) 1-3/4 inches, extension measure, for nets used to take 
ciscoes in Lake Superior; and 
    (2) 3-1/2 inches, extension measure, for all other nets. 
    (d) A net may not be set in water, including ice thickness, 
deeper than six feet. 
    (e) The commissioner may designate waters where nets may be 
set so that portions of the net extend into water deeper than 
six feet under conditions prescribed by the commissioner to 
protect game fish.  A pole or stake must project at least two 
feet above the surface of the water or ice at one end of each 
net. 
    (f) A net may not be set within 50 feet of another net. 
    Sec. 15.  Minnesota Statutes 1987 Supplement, section 
378.22, subdivision 2, is amended to read:  
    Subd. 2.  [POSTING REQUIREMENTS.] (a) Where an aeration 
system is used on the ice of public waters, signs shall be 
posted by the permittee at a height of from four to six feet in 
a rectangular pattern at each corner of the open water, and 
additional signs between the corner signs so that a sign is 
posted at least every 100 feet. 
    (b) Additional signs shall be posted by the permittee on 
the shoreline of the public waters at each public access point 
and other areas commonly used by the public for access to the 
lake.  
    (c) The signs shall comply with the applicable order of the 
commissioner of natural resources.  
    Sec. 16.  Minnesota Statutes 1986, section 378.22, is 
amended by adding a subdivision to read: 
    Subd. 6.  [PUBLIC WATERS WITHOUT ACCESS.] (a) A riparian 
landowner may aerate public waters with a permit under this 
subdivision if the public waters do not have a public access and 
the person aerating the public waters owns all of the riparian 
land or all of the possessory rights to the riparian lands.  
    (b) The provisions of this section do not apply to the 
aeration under this subdivision except the public waters must be 
posted as provided under subdivision 2, paragraphs (a) and (c). 
    Sec. 17.  [REPEALER.] 
    Section 9 is repealed December 1, 1990.  Minnesota Statutes 
1987 Supplement, sections 97B.315 and 97C.402, are repealed. 
    Sec. 18.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 21, 1988