Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 605-H.F.No. 1960 
           An act relating to natural resources; amending certain 
          provisions concerned with the management of wildlife; 
          amending Minnesota Statutes 1988, sections 97A.115; 
          97A.121; 97A.135, by adding a subdivision; and 
          97A.445, by adding a subdivision; and Minnesota 
          Statutes 1989 Supplement, sections 97A.475, 
          subdivision 18; and 97B.603. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 97A.115, is 
amended to read: 
    97A.115 [ESTABLISHMENT OF PRIVATE SHOOTING PRESERVES.] 
    Subdivision 1.  [LICENSES; RULES.] A person must be 
licensed to may not operate a private shooting preserve without 
a license.  The commissioner may issue a license for a privately 
owned and operated licenses to operate commercial shooting 
preserve preserves and private shooting preserves if the 
commissioner determines that it is in the public interest and 
that there will not be an adverse effect on wild game bird 
populations.  Private shooting preserves may only be located 
outside of the pheasant range as determined by the 
commissioner.  The commissioner may make adopt rules to 
implement this section and section 97A.121.  
    Subd. 2.  [GAME AVAILABLE.] Game that may be released and 
hunted in a licensed shooting preserve must be specified in the 
license and is limited to adult pheasant, quail, and chukar 
partridge for private shooting preserves and adult pheasant, 
quail, chukar partridge, turkey, mallard duck, black duck, and 
other species designated by the commissioner for commercial 
shooting preserves.  These game birds must be pen hatched and 
raised.  
    Subd. 3.  [SIZE OF PRESERVE.] A private shooting preserve 
must be at least 40 but not more than 160 contiguous acres for 
private shooting preserves and at least 100 but not more than 
1,000 contiguous acres, including any water area, for commercial 
shooting preserves.  A preserve limited to duck hunting may be a 
minimum of 50 contiguous acres including water area.  
    Subd. 4.  [POSTING OF BOUNDARIES.] The boundaries of a 
private shooting preserve must be clearly posted in a manner 
prescribed by the commissioner.  
    Subd. 5.  [REVOCATION OF LICENSE.] The commissioner may 
revoke a private shooting preserve license if the licensee or 
persons authorized to hunt in the preserve have been convicted 
of a violation under this section or section 97A.121.  After 
revocation, a new license may be issued in the discretion of the 
commissioner.  
    Sec. 2.  Minnesota Statutes 1988, section 97A.121, is 
amended to read: 
    97A.121 [HUNTING IN PRIVATE SHOOTING PRESERVES.] 
    Subdivision 1.  [HUNTER'S LICENSE.] (a) A person hunting 
released birds in a private shooting preserve must have the 
licenses required by law for the hunting of game birds 
pheasants.  A nonresident may obtain a special private shooting 
preserve license that is valid for the entire preserve season 
for the same fee as a resident small game hunting license.  
    (b) A license is not required to hunt authorized game birds 
on a commercial shooting preserve.  
    Subd. 2.  [SEASON.] (a) The open season for hunting in 
private commercial shooting preserves is from July 15 through 
April 15 continuous.  Sanctioned registered field trials 
in private commercial shooting preserves may be held from April 
16 to July 14 after notification to the commissioner.  
    (b) The open season for hunting in a private shooting 
preserve is September 15 until December 31.  
    (c) 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.  
    Subd. 3.  [OPERATOR MAY ESTABLISH RESTRICTIONS.] A private 
shooting preserve licensee may determine who is allowed to hunt 
in the preserve.  In each preserve the licensee may establish 
the charge for taking game, the shooting hours, the season, 
limitations, and restrictions on the age, sex, and number of 
each species that may be taken by a hunter.  These provisions 
may not conflict with this section or section 97A.115 and may 
not be less restrictive than any rule or order.  
    Subd. 4.  [LIMITS AND MARKING OF GAME BIRDS.] Except as 
provided in subdivision 4a, the commissioner shall prescribe the 
minimum number of each authorized species that may be released 
and the percentage of each species that may be taken.  The 
commissioner shall prescribe methods for identifying birds to be 
released.  
    Subd. 4a.  [PHEASANTS.] (a) A private shooting preserve 
licensed to release pheasants must may release at least 500 no 
more than 300 adult 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. 
    (b) A commercial shooting preserve must release at least 
1,000 adult pheasants.  
    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 marked or identified by the 
private shooting preserve in a manner prescribed by the 
commissioner.  The commissioner shall may issue the tags or 
other markings at a cost of 15 cents each.  The tag marking must 
remain attached on the bird while the bird is transported.  
    Subd. 6.  [RECORD KEEPING.] A private shooting preserve 
licensee must maintain a registration book listing the names, 
addresses, and hunting license numbers, if applicable, of all 
hunters, the date when they hunted, the amount and species of 
game taken, and the tag numbers or other markings affixed to 
each bird.  A record shooting preserve must be kept keep records 
of the number of each species raised and purchased and the date 
and number of each species released.  The records must be open 
to inspection by the commissioner at all reasonable times. 
    Sec. 3.  Minnesota Statutes 1988, section 97A.135, is 
amended by adding a subdivision to read: 
    Subd. 3.  [COOPERATIVE FARMING AGREEMENTS.] On any public 
hunting, game refuge, or wildlife management area lands, the 
commissioner may enter into written cooperative farming 
agreements with nearby farmers on a sharecrop basis, without 
competitive bidding, for the purpose of establishing or 
maintaining wildlife food or cover for habitat purposes.  The 
agreements may provide for the bartering of a share of any crop, 
not exceeding $1,500 in value and produced from these lands, for 
services such as weed control, planting, cultivation, or other 
wildlife habitat practices. 
    Sec. 4.  Minnesota Statutes 1988, section 97A.445, is 
amended by adding a subdivision to read: 
    Subd. 5.  [SMALL GAME HUNTING; TAKE A KID HUNTING WEEKEND.] 
A resident over age 18 may take small game by hunting without a 
license during one Saturday and Sunday of the small game hunting 
season designated by order of the commissioner if accompanied by 
a child who is under age 16.  The commissioner shall publicize 
the Saturday and Sunday as "Take a Kid Hunting Weekend." 
    Sec. 5.  Minnesota Statutes 1989 Supplement, section 
97A.475, subdivision 18, is amended to read: 
    Subd. 18.  [SHOOTING PRESERVES.] The fee for a shooting 
preserve license is $82.50:  
    (1) for a private shooting preserve, $100; and 
    (2) for a commercial shooting preserve, $500. 
    Sec. 6.  Minnesota Statutes 1989 Supplement, section 
97B.603, is amended to read: 
    97B.603 [SMALL GAME PARTY HUNTING.] 
    While two or more persons are hunting small game as a party 
and maintaining unaided visual and vocal contact, a member of 
the party may take and possess more than one limit of small 
game, but the total number of small game taken and possessed by 
the party may not exceed the limit of the number of persons in 
the party that may take and possess small game.  This section 
does not apply to the hunting of migratory game birds or turkeys.
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective the day following final 
enactment. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 3, 1990, 5:53 p.m.