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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1991 

                        CHAPTER 241-S.F.No. 800 
           An act relating to natural resources; requiring a plan 
          and program for control of ecologically harmful 
          species of plants and animals; revising certain 
          provisions relating to the taking, possession, and 
          transportation of wild animals; requiring reports; 
          amending Minnesota Statutes 1990, sections 97A.445, 
          subdivision 2; 97A.535, subdivision 1; 97B.055, 
          subdivision 3; 97B.106; and 97B.935, subdivision 3; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [84.967] [ECOLOGICALLY HARMFUL SPECIES; 
DEFINITION.] 
    For the purposes of section 1 to 4, "ecologically harmful 
exotic species" means non-native aquatic plants or wild animals 
that can naturalize, have high propagation potential, are highly 
competitive for limiting factors, and cause displacement of, or 
otherwise threaten, native plants or native animals in their 
natural communities. 
    Sec. 2.  [84.968] [ECOLOGICALLY HARMFUL EXOTIC SPECIES 
MANAGEMENT PLAN.] 
    By January 1, 1993, a long-term statewide ecologically 
harmful exotic species management plan must be prepared by the 
commissioner of natural resources and address the following:  
    (1) coordinated detection and prevention of accidental 
introductions; 
    (2) coordinated dissemination of information about 
ecologically harmful exotic species among resource management 
agencies and organizations; 
    (3) a coordinated public awareness campaign regarding 
ecologically harmful exotic animals and aquatic plants; 
    (4) a process, where none exists, to designate and classify 
ecologically harmful exotic species into the following 
categories: 
    (i) undesirable wild animals that must not be sold, 
propagated, possessed, or transported; and 
    (ii) undesirable aquatic exotic plants that must not be 
sold, propagated, possessed, or transported; 
    (5) coordination of control and eradication of ecologically 
harmful exotic species on public lands and public waters; and 
    (6) development of a list of exotic wild animal species 
intended for nonagricultural purposes, or propagation for 
release by state agencies or the private sector.  
    Sec. 3.  [84.969] [COORDINATING PROGRAM, GRANTS, AND 
REGIONAL COOPERATION.] 
    Subdivision 1.  [COORDINATING PROGRAM.] The commissioner of 
natural resources shall establish a statewide coordinating 
program to prevent and curb the spread of ecologically harmful 
exotic animals and aquatic plants. 
    Subd. 2.  [GRANTS.] The coordinating program created in 
subdivision 1 may accept gifts, donations, and grants to 
accomplish its duties and must seek available federal grants 
through the federal Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990.  A portion of these funds shall be used 
to implement the plan under section 2. 
    Subd. 3.  [REGIONAL COOPERATION.] The governor may 
cooperate, individually and regionally, with other state 
governors in the midwest for the purposes of ecologically 
harmful exotic species management and control. 
    Sec. 4.  [84.9691] [RULEMAKING.] 
    The commissioner of natural resources may adopt rules, 
including emergency rules, to restrict the introduction, 
propagation, use, possession, and spread of ecologically harmful 
exotic animals and aquatic plants in the state. 
    Sec. 5.  Minnesota Statutes 1990, 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; 
    (3) an inmate of a state correctional facility; and 
    (4) a resident of a licensed nursing or boarding care home, 
a person who is enrolled in and regularly participates in an 
adult day care program or other similar organized activity 
sponsored by a licensed nursing or boarding care home, or a 
resident of a licensed board and lodging facility; and 
    (5) a resident of a drug or alcohol residential treatment 
program under the age of 20. 
    Sec. 6.  Minnesota Statutes 1990, section 97A.535, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TAGS REQUIRED.] A person may not possess 
or transport deer, bear, elk, or moose taken in the state unless 
a tag is attached to the carcass in a manner prescribed by the 
commissioner.  The commissioner must prescribe the type of tag 
that has the license number of the owner, the year of its issue, 
and other information prescribed by the commissioner.  The tag 
must be attached to the deer, bear, elk, or moose when:  
    (1) the animal is in a camp, or a place occupied overnight 
or the yard surrounding the place; or 
    (2) the animal is on a motor vehicle at the site of the 
kill before the animal is removed from the site of the kill, and 
must remain attached to the animal until the animal is processed 
for storage.  
    Sec. 7.  Minnesota Statutes 1990, section 97B.055, 
subdivision 3, is amended to read: 
    Subd. 3.  [HUNTING FROM VEHICLE BY DISABLED HUNTERS.] The 
commissioner may issue a special permit, without a fee, to 
discharge a firearm or bow and arrow from a stationary motor 
vehicle to a licensed hunter that is temporarily or permanently 
physically unable to walk with or without crutches, braces, or 
other mechanical support, or who has a physical disability which 
substantially limits the person's ability to walk.  The physical 
disability and the substantial inability to walk must be 
established by medical evidence verified in writing by a 
licensed physician.  A person with a temporary disability may be 
issued an annual permit and a person with a permanent disability 
may be issued a permanent permit.  
    Sec. 8.  Minnesota Statutes 1990, section 97B.106, is 
amended to read: 
    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 or temporary 
physical disability.  To qualify a person for a special permit 
under this section, a temporary disability must render the 
person unable to hunt by archery for a minimum of two years 
after application for the permit is made.  The permanent or 
temporary disability, established by medical evidence, and the 
inability to hunt by archery for the required period of time 
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. 9.  Minnesota Statutes 1990, section 97B.935, 
subdivision 3, is amended to read: 
    Subd. 3.  [SPECIAL PERMIT FOR DISABLED.] The commissioner 
may issue a special permit, in the manner provided in section 
97B.055, subdivision 3, to use a snowmobile or all-terrain 
vehicle to transport or check beaver or otter traps or to 
transport beaver or otter carcasses or pelts to a licensed 
trapper physically unable to walk as specified in section 
97B.055, subdivision 3.  
    Sec. 10.  [CHECKS OF TRAILERED BOATS.] 
    (a) The commissioner of natural resources shall establish a 
two-year program of at least five checks per year of trailered 
boats.  The purpose of the checks is to inspect boats and 
trailers for Eurasian water milfoil fragments, and to inform and 
educate the boat owners about Eurasian water milfoil and other 
exotic species and how to prevent their spread. 
    (b) The commissioner shall assess the effectiveness of the 
program established in paragraph (a), keep records on the 
occurrence of Eurasian water milfoil fragments or other exotic 
species, and report to the legislature by January 1, 1993. 
    Sec. 11.  [PILOT PROJECT FOR TAKING TWO DEER.] 
    (a) Notwithstanding Minnesota Statutes, section 97B.301, in 
the 1991 and 1992 hunting seasons, the commissioner must allow a 
person to take two deer per season, one by firearm and one by 
archery, in the counties of Marshall, Kittson, and Roseau.  A 
person taking two deer under this section must obtain a license 
for each method of hunting. 
    (b) The commissioner shall conduct a study on the 
provisions of paragraph (a) including, but not limited to, a 
review of the impact on the deer population, the participation 
and satisfaction of hunters, and the success ratio.  By February 
15, 1993, the commissioner must report on the study to the house 
and senate committees with jurisdiction over natural resources. 
    Sec. 12.  [TAGGING REPORT.] 
    The commissioner must review the tagging requirement in 
Minnesota Statutes, section 97A.535, subdivision 1, and report 
to the house and senate committees with jurisdiction over 
natural resources by February 15, 1993, on any recommended 
changes to the requirement. 
    Sec. 13.  [EFFECTIVE DATE.] 
    Section 5 is effective the day following its final 
enactment.  Sections 7 to 9 are effective August 1, 1991.  
Section 6 is effective August 1, 1992. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 9:32 a.m.