Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 269-H.F.No. 1114 
           An act relating to game and fish; funding for wildlife 
          habitat; defining terms; possession of firearms in 
          deer zones; stamp design; financing waterfowl 
          development; shipment of wild animals taken in Canada; 
          training of hunting dogs; transportation of firearms 
          by disabled hunters; clothing requirements; firearms 
          permits for disabled; taking of deer; nonresident fish 
          house license fees; seasons for taking raccoon, 
          muskrat, mink, otter, and beaver; seasons for and 
          tagging of fur-bearing animals; ice fishing contests 
          in conjunction with raffles; rough fish taking by 
          nonresidents; importation of minnows; taking, 
          possession, transportation, sale, and purchase of 
          mussels; use of certain appropriated funds; amending 
          Minnesota Statutes 1992, sections 86B.305, 
          subdivisions 1 and 2; 97A.015, subdivision 49, and by 
          adding a subdivision; 97A.045, subdivision 7; 97A.531; 
          97B.005, subdivisions 2 and 3; 97B.041; 97B.045; 
          97B.071; 97B.111; 97B.211, subdivision 1; 97B.301, 
          subdivision 4, and by adding a subdivision; 97B.311; 
          97B.621, subdivision 1; 97B.901; 97B.911; 97B.915; 
          97B.921; 97B.925; 97C.081, by adding a subdivision; 
          97C.375; 97C.515, by adding a subdivision; 97C.701, 
          subdivision 1, and by adding a subdivision; 97C.705, 
          subdivision 1; and 97C.711; proposing coding for new 
          law in Minnesota Statutes, chapters 84; and 97A; 
          repealing Minnesota Statutes 1992, sections 97A.541; 
          and 97C.701, subdivisions 2, 3, 4, and 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [84.0845] [ADVANCE OF MATCHING FUNDS.] 
    The commissioner may advance funds appropriated for fish 
and wildlife programs to government agencies, the National Fish 
and Wildlife Foundation, federally recognized Indian tribes and 
bands, and private, nonprofit organizations for the purposes of 
securing nonstate matching funds for projects involving 
acquisition and improvement of fish and wildlife habitat and 
related research and management.  The commissioner shall execute 
agreements for contracts with the matching parties under section 
16B.06 prior to advancing any state funds.  The agreement or 
contract shall contain provisions for return of the state's 
share and the matching funds within a period of time specified 
by the commissioner.  The state's funds and the nonstate 
matching funds must be deposited in a separate account and 
expended solely for the purposes set forth in the agreement or 
contract.  The commissioner shall enter into agreements or 
contracts only with the National Fish and Wildlife Foundation 
and federal and nonprofit authorities deemed by the commissioner 
to be dedicated to the purposes of the project. 
    Sec. 2.  Minnesota Statutes 1992, section 86B.305, 
subdivision 1, is amended to read: 
    Subdivision 1.  [UNDER AGE 13.] Except in case of an 
emergency, a person under age 13 may not operate or be allowed 
to operate a watercraft propelled by a motor with a factory 
rating of more than 24 30 horsepower unless there is present in 
the watercraft, in addition to the operator, the operator's 
parent or legal guardian or at least one person of the age 18 or 
older. 
    Sec. 3.  Minnesota Statutes 1992, section 86B.305, 
subdivision 2, is amended to read: 
    Subd. 2.  [AGE 13 TO 17; PERMIT REQUIRED.] Except as 
provided in this subdivision, a person age 13 or older and 
younger than age 18 may not operate a motorboat powered by a 
motor over 24 30 horsepower without possessing a valid 
watercraft operator's permit from this state or from the 
operator's state of residence unless there is a person age 18 or 
older in the motorboat. 
    Sec. 4.  Minnesota Statutes 1992, section 97A.015, is 
amended by adding a subdivision to read: 
    Subd. 26a.  [IN-THE-ROUND.] "In-the-round" means fish with 
heads, tails, fins, skins, and scales intact. 
    Sec. 5.  Minnesota Statutes 1992, section 97A.015, 
subdivision 49, is amended to read: 
    Subd. 49.  [UNDRESSED BIRD.] "Undressed bird" means:  
    (1) a bird, excluding migratory waterfowl, pheasant, 
Hungarian partridge, or grouse, with feet and feathered head 
intact; or 
    (2) a migratory waterfowl with a fully feathered wing and 
head attached; or 
    (3) a pheasant, Hungarian partridge, or grouse with one leg 
and foot or the fully feathered head or wing intact. 
    Sec. 6.  Minnesota Statutes 1992, section 97A.045, 
subdivision 7, is amended to read: 
    Subd. 7.  [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 
(a) The commissioner shall encourage the purchase of: 
    (1) Minnesota migratory waterfowl stamps by nonhunters 
interested in the migratory waterfowl preservation and habitat 
development; 
    (2) pheasant stamps by persons interested in pheasant 
habitat improvement; and 
    (3) trout and salmon stamps by persons interested in trout 
and salmon stream and lake improvement.  
    (b) The commissioner shall make rules governing contests 
for selecting a design for each stamp. 
    Sec. 7.  [97A.127] [FINANCING WATERFOWL DEVELOPMENT.] 
    The commissioner may use funds appropriated for fish and 
wildlife programs for the purpose of developing, preserving, 
restoring, and maintaining waterfowl breeding grounds in Canada 
under agreement or contract with any nonprofit organization 
dedicated to the construction, maintenance, and repair of 
projects that are acceptable to the governmental agency having 
jurisdiction over the land and water affected by the projects.  
The commissioner may execute agreements and contracts if the 
commissioner determines that use of the funds will benefit the 
migration of waterfowl into the state. 
    Sec. 8.  Minnesota Statutes 1992, section 97A.531, is 
amended to read: 
    97A.531 [SHIPMENT OF WILD ANIMALS TAKEN IN CANADA.] 
    Subdivision 1.  [SHIPPING COUPONS.] A person may ship, 
within or out of the state, wild animals lawfully taken and 
possessed in Canada and that have lawfully entered the state.  
The shipment must have the shipping coupons required for a 
shipment originating in the province where the animals were 
taken. 
    Subd. 2.  [CONDITION OF FISH.] Fish that are lawfully taken 
and possessed in Canada may must be brought into the state for 
filleting and packing and in-the-round.  A violation of this 
subdivision is a misdemeanor, and in addition to any criminal 
penalty imposed, fish brought into or transported within the 
state contrary to this subdivision must be confiscated, and a 
penalty of $10 for each fish must be imposed. 
    Subd. 3.  [TRANSPORTATION.] Fish lawfully taken in Canada 
may be transported within the state or out of the state by a 
nonresident, and by a resident possessing a Minnesota angling 
license. 
    Subd. 4.  [NOTICE.] Any advertisement of fishing resorts or 
facilities in Canada in printed or broadcast form originating or 
distributed within the state must contain a summary of the 
requirement of subdivision 2, and penalty for noncompliance. 
    Subd. 5.  [CONDITIONS SUSPENDED.] The commissioner of 
natural resources may suspend the requirements of subdivisions 
2, 3, and 4 whenever Canadian laws or regulations imposing 
certain fees known as DAVT, or the "daily angling validation 
tag" are repealed, rescinded, or modified.  
    Sec. 9.  Minnesota Statutes 1992, section 97B.005, 
subdivision 2, is amended to read: 
    Subd. 2.  [RESTRICTION ON AMMUNITION WHILE TRAINING.] A 
person that is training a dog afield and carrying a firearm may 
only have blank cartridges and shells in personal possession 
when the season is not open for any game bird, except as 
provided in subdivision 3.  
    Sec. 10.  Minnesota Statutes 1992, section 97B.005, 
subdivision 3, is amended to read: 
    Subd. 3.  [PERMITS FOR ORGANIZATIONS AND INDIVIDUALS TO USE 
GAME BIRDS AND FIREARMS.] The commissioner may issue special 
permits, without a fee, to organizations and individuals to use 
firearms and live ammunition on domesticated birds or banded 
game birds from game farms for holding field trials and training 
retrieving hunting dogs.  
    Sec. 11.  Minnesota Statutes 1992, 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 fifth 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) an unloaded firearm that is in a case or in a closed 
trunk of a motor vehicle; 
    (3) a shotgun and 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. 12.  Minnesota Statutes 1992, section 97B.045, is 
amended to read: 
    97B.045 [TRANSPORTATION OF FIREARMS.] 
    Subdivision 1.  [RESTRICTIONS.] A person may not transport 
a firearm in a motor vehicle unless the firearm is: 
    (1) unloaded and in a gun case expressly made to contain a 
firearm, and the case fully encloses the firearm by being 
zipped, snapped, buckled, tied, or otherwise fastened, and 
without any portion of the firearm exposed; 
    (2) unloaded and in the closed trunk of a motor vehicle; or 
    (3) a handgun carried in compliance with sections 624.714 
and 624.715.  
    Subd. 2.  [EXCEPTION FOR DISABLED PERSONS.] The 
restrictions in subdivision 1 do not apply to a disabled person 
if: 
    (1) the person possesses a permit under section 97B.055, 
subdivision 3; 
    (2) the person is participating in a hunt sponsored by a 
nonprofit organization under a permit from the commissioner or 
is hunting on property owned or leased by the person; and 
    (3) the firearm is not loaded in the chamber until the 
vehicle is stationary, or is a hinge action firearm with the 
action open until the vehicle is stationary. 
    Sec. 13.  Minnesota Statutes 1992, section 97B.071, is 
amended to read: 
    97B.071 [RED OR BLAZE ORANGE REQUIREMENTS.] 
    A person may not hunt or trap during the open season in a 
zone or area where deer may be taken by firearms, unless the 
visible portion of the person's cap and outer clothing above the 
waist, excluding sleeves and gloves, is bright red or blaze 
orange.  Blaze orange includes a camouflage pattern of at least 
50 percent blaze orange within each foot square.  This section 
does not apply to migratory waterfowl hunters on waters of this 
state or in a stationary shooting location. 
     Sec. 14.  Minnesota Statutes 1992, section 97B.111, is 
amended to read: 
    97B.111 [SPECIAL FIREARM HUNTING SEASONS FOR PHYSICALLY 
DISABLED.] 
   Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
commissioner may establish criteria, special seasons, and limits 
for persons who have a physical disability to take big game and 
small game with firearms and by archery in designated areas.  A 
person hunting under this section who has a physical disability 
must have a verified statement of the disability by a licensed 
physician and must be participating in a program for physically 
disabled hunters sponsored by a nonprofit organization that is 
permitted under subdivision 2.  A license is not required for a 
person to assist a physically disabled person hunting during a 
special season under this section. 
    Subd. 2.  [PERMIT FOR ORGANIZATION.] (a) The commissioner 
may issue a special permit without a fee to a nonprofit 
organization to provide an assisted hunting opportunity to 
physically disabled hunters.  The assisted hunting opportunity 
may take place: 
    (1) in areas designated by the commissioner under 
subdivision 1; or 
    (2) on private property or a licensed shooting preserve. 
    (b) The sponsoring organization shall provide a physically 
capable person to assist each disabled hunter with 
safety-related aspects of hunting. 
    (c) The commissioner may impose reasonable permit 
conditions. 
    Sec. 15.  Minnesota Statutes 1992, section 97B.211, 
subdivision 1, is amended to read: 
    Subdivision 1.  [POSSESSION OF FIREARMS PROHIBITED.] (a) 
Except as provided in paragraph (b), a person may not take big 
game by archery while in possession of a firearm. 
     (b) A person may take bear by archery while in possession 
of a handgun specified in section 97B.031, subdivision 1.  
    Sec. 16.  Minnesota Statutes 1992, section 97B.301, 
subdivision 4, is amended to read: 
    Subd. 4.  [TAKING TWO MORE THAN ONE DEER.] The commissioner 
may, by rule, allow a person to take two more than one deer.  
The commissioner shall prescribe the conditions for taking 
the second additional deer including:  
    (1) taking by firearm or archery; 
    (2) obtaining an additional license licenses; and 
    (3) payment of a fee not more than the fee for a firearms 
deer license; and 
    (4) the total number of deer that an individual may take. 
    Sec. 17.  Minnesota Statutes 1992, section 97B.301, is 
amended by adding a subdivision to read: 
    Subd. 6.  [RESIDENTS UNDER AGE 16 MAY TAKE DEER OF EITHER 
SEX.] (a) A resident under the age of 16 may take a deer of 
either sex.  This subdivision does not authorize the taking of 
an antlerless deer by another member of a party under 
subdivision 3. 
    (b) This subdivision is repealed effective December 31, 
1994. 
    Sec. 18.  Minnesota Statutes 1992, section 97B.311, is 
amended to read: 
    97B.311 [DEER SEASONS AND RESTRICTIONS.] 
    (a) The commissioner may, by rule, prescribe restrictions 
and designate areas where deer may be taken.  The commissioner 
may, by rule, prescribe the open seasons for deer within the 
following periods: 
    (1) taking with firearms, other than muzzle-loading 
firearms, between November 1 and December 15; 
    (2) taking with muzzle-loading firearms between September 1 
and December 31; and 
    (3) taking by archery between September 1 and December 31. 
    (b) Notwithstanding paragraph (a), the commissioner may 
establish special seasons within designated areas between 
September 1 and January 15. 
    Sec. 19.  Minnesota Statutes 1992, section 97B.621, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SEASON.] The statewide open season for 
raccoon may be prescribed set by the commissioner between 
October 15 and December 31.  
    Sec. 20.  Minnesota Statutes 1992, section 97B.901, is 
amended to read: 
    97B.901 [COMMISSIONER MAY REQUIRE TAGS ON FUR-BEARING 
ANIMALS.] 
    The commissioner may, by rule, require persons taking, 
possessing, and transporting fur-bearing animals to tag the 
animals where they are taken.  The commissioner shall prescribe 
the manner of issuance and the type of tag, which must show the 
year of issuance.  The commissioner shall issue the tag, without 
a fee, upon request. 
    Sec. 21.  Minnesota Statutes 1992, section 97B.911, is 
amended to read: 
    97B.911 [MUSKRAT SEASONS.] 
    The commissioner may establish open seasons and 
restrictions for taking muskrat between October 25 and April 
30.  The open season in an area may not exceed 90 days.  The 
commissioner may prescribe restrictions for the taking of 
muskrat.  
    Sec. 22.  Minnesota Statutes 1992, section 97B.915, is 
amended to read: 
    97B.915 [MINK SEASONS.] 
    The commissioner may establish open seasons and 
restrictions for taking mink between October 25 and April 30.  
The open season in an area may not exceed 90 days.  The 
commissioner may prescribe restrictions for the taking of mink.  
    Sec. 23.  Minnesota Statutes 1992, section 97B.921, is 
amended to read: 
    97B.921 [OTTER SEASONS.] 
    The commissioner may establish open seasons and 
restrictions for taking otter between October 25 and April 30.  
Otter may be taken only by trapping and the taking is subject to 
restrictions prescribed by the commissioner.  
    Sec. 24.  Minnesota Statutes 1992, section 97B.925, is 
amended to read: 
    97B.925 [BEAVER SEASONS.] 
    The commissioner may establish open seasons and 
restrictions for taking beaver between October 25 and April 30.  
Beaver may be taken only by trapping and the taking is subject 
to restrictions prescribed by the commissioner. 
    Sec. 25.  Minnesota Statutes 1992, section 97C.081, is 
amended by adding a subdivision to read: 
    Subd. 5.  [ICE FISHING CONTEST IN CONJUNCTION WITH RAFFLE.] 
An organization that is permitted under this section and 
licensed by the lawful gambling control board to conduct raffles 
may conduct a raffle in conjunction with an ice fishing 
contest.  The organization may sell a combined ticket for a 
single price for the ice fishing contest and raffle, provided 
that the combined ticket states in at least 8-point type the 
amount of the price that applies to the ice fishing contest and 
the amount that applies to the raffle.  All other provisions of 
sections 349.11 to 349.23 apply to the raffle. 
    Sec. 26.  Minnesota Statutes 1992, section 97C.375, is 
amended to read: 
    97C.375 [TAKING ROUGH FISH BY SPEARING OR ARCHERY.] 
    A resident or nonresident may take rough fish by spearing 
or archery during the times, in waters, and in the manner 
prescribed by the commissioner.  
    Sec. 27.  Minnesota Statutes 1992, section 97C.515, is 
amended by adding a subdivision to read: 
    Subd. 5.  [SPECIAL PERMITS.] (a) The commissioner may issue 
a special permit, without a fee, to allow a person with a 
private fish hatchery license to import minnows from other 
states for export.  A permit under this subdivision is not 
required for importation authorized under subdivision 4. 
    (b) An applicant for a permit under this subdivision shall 
submit to the commissioner sufficient information to identify 
potential threats to native plant and animal species and an 
evaluation of the feasibility of the proposal.  The permit may 
include reasonable restrictions on importation, transportation, 
possession, containment, and disposal of minnows to ensure that 
native species are protected.  The permit may have a term of up 
to two years and may be modified, suspended, or revoked by the 
commissioner for cause, including violation of a condition of 
the permit. 
    Sec. 28.  Minnesota Statutes 1992, section 97C.701, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMMISSIONER'S AUTHORITY.] The 
commissioner may by rule set size limits and prescribe 
conditions for the taking, possession, transportation, sale, and 
purchase of mussels. 
    Sec. 29.  Minnesota Statutes 1992, section 97C.701, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [HAND-PICKING REQUIRED.] A person may only 
harvest mussels by hand-picking. 
    Sec. 30.  Minnesota Statutes 1992, section 97C.705, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OPEN SEASON SEASONS.] (a) The open season 
for taking mussels is from May 16 to the last day of February.  
    (b) The commissioner may by rule restrict the open season 
for taking mussels for commercial purposes. 
    Sec. 31.  Minnesota Statutes 1992, section 97C.711, is 
amended to read: 
    97C.711 [MUSSEL SIZE LIMITS UNDERSIZED MUSSELS.] 
    A person may not take mussels less than 1-3/4 inches in the 
greatest dimension, except pigtoes.  A person must return 
undersized mussels to the water without injury. 
    Sec. 32.  [REPEALER.] 
    Minnesota Statutes 1992, sections 97A.541; and 97C.701, 
subdivisions 2, 3, 4, and 5, are repealed. 
    Sec. 33.  [EFFECTIVE DATE.] 
    Sections 2 and 3 are effective June 1, 1993.  Section 8 is 
effective March 1, 1994. 
    Presented to the governor May 15, 1993 
    Signed by the governor May 19, 1993, 8:22 a.m.