Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 231-S.F.No. 693 
           An act relating to natural resources; clarifying, 
          modifying, and expanding rulemaking authority and 
          other powers and duties of the commissioner of natural 
          resources relating to game and fish, wild rice, 
          stromatolites, and cross-country ski passes; 
          clarifying, modifying, and expanding provisions 
          relating to the taking, purchase, sale, possession, 
          and transportation of wild animals; regulating entry 
          and uses on certain public lands and waters; providing 
          for the expiration of certain commissioner's orders; 
          providing an exemption from rulemaking requirements; 
          authorizing emergency rules; providing penalties; 
          appropriating money; amending Minnesota Statutes 1992, 
          sections 84.14, subdivision 3; 84.1525, subdivision 2; 
          85.41, subdivision 2; 85.45; 97A.045, subdivision 4, 
          and by adding a subdivision; 97A.055, by adding a 
          subdivision; 97A.091, subdivisions 1 and 2; 97A.095, 
          subdivision 2; 97A.105, subdivision 1, and by adding a 
          subdivision; 97A.137; 97A.255, subdivision 2; 97A.401, 
          subdivision 4; 97A.415, subdivision 2; 97A.431, 
          subdivisions 1 and 4; 97A.433, subdivisions 1 and 4; 
          97A.435, subdivision 4; 97A.441, by adding a 
          subdivision; 97A.475, by adding a subdivision; 
          97A.485, subdivision 6, and by adding a subdivision; 
          97A.505, subdivision 5, and by adding a subdivision; 
          97A.535, subdivision 2; 97A.545, subdivisions 1, 2, 4, 
          and by adding a subdivision; 97A.551, by adding a 
          subdivision; 97B.425; 97B.671, subdivisions 1 and 2; 
          97B.711, subdivision 2, and by adding a subdivision; 
          97B.721; 97B.811, by adding a subdivision; 97C.025; 
          97C.051, subdivision 1; 97C.081, subdivisions 2, 3, 
          and by adding a subdivision; 97C.205; 97C.311; 
          97C.331; 97C.345, subdivision 4, and by adding a 
          subdivision; 97C.391, subdivision 1; 97C.405; 97C.505, 
          subdivision 1; 97C.601, subdivision 6; 97C.805, 
          subdivisions 1, 2, and 4; and 97C.865; Laws 1991, 
          chapter 259, section 24; proposing coding for new law 
          in Minnesota Statutes, chapters 97A; 97B; and 97C. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 84.14, 
subdivision 3, is amended to read: 
    Subd. 3.  The commissioner may by order establish adopt 
rules for the harvesting of wild rice on all public waters or 
portions thereof.  Such The rules need not include the opening 
dates, days, and hours of the wild rice harvesting season.  
    The opening dates, days, and hours of harvest shall be 
established by the commissioner and published by posting at such 
places and publicized in such manner as the commissioner shall 
by rule prescribe, no less than 48 hours prior to the opening 
thereof.  
    After the season for the taking of wild rice has been 
designated, the commissioner may alter the season by changing 
the days and the hours of the day during which such harvest may 
be conducted on any or all public waters or portions thereof.  
Whenever the commissioner alters the season notice thereof shall 
be published by posting in the vicinity of the waters or rice 
beds affected by such alteration at such places and in such 
manner as the commissioner shall by rule prescribe, no less than 
12 hours prior to the time such alterations are to take effect. 
    Sec. 2.  Minnesota Statutes 1992, section 84.1525, 
subdivision 2, is amended to read: 
    Subd. 2.  [RULES.] The commissioner may adopt rules 
governing establishing criteria and procedures for: 
    (1) the issuance of stromatolite permits under subdivision 
1 with reasonable conditions; and 
    (2) the denial, modification, suspension, or revocation of 
stromatolite permits for cause. 
    Sec. 3.  Minnesota Statutes 1992, 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 cross-country ski 
passes.  The commissioner may appoint other state agencies as 
agents for the sale of passes.  A county auditor may appoint 
subagents within the county or within adjacent counties to sell 
passes.  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, and the 
commissioner may revoke the appointment of a state agency, at 
any time.  Upon demand of the commissioner, the auditor shall 
revoke a subagent's appointment.  The auditor shall furnish pass 
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.  A surety 
bond is not required of a state agency appointed by the 
commissioner.  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 as provided in section 97A.485, subdivision 11.  
    Any resident desiring to sell cross-country ski passes may 
either purchase for cash or obtain on consignment pass blanks 
from a county auditor in groups of not less than ten individual 
blanks.  In selling passes, 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 97A.485, 
subdivision 11.  
    The county auditor shall promptly deposit all monies 
received from the sale of passes with the county treasurer, and 
shall promptly transmit any reports required by the 
commissioner, plus 96 percent of the price to each pass holder, 
exclusive of the issuing fee, for each pass sold or consigned by 
the auditor and subsequently sold to a pass holder during the 
accounting period.  The county auditor shall retain as a 
commission four percent of all pass fees, excluding the issuing 
fee for passes consigned to subagents and the issuing fee on 
passes sold by the auditor to pass holders.  
    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. 4.  Minnesota Statutes 1992, section 85.45, is amended 
to read: 
    85.45 [PENALTY PENALTIES.] 
    Subdivision 1.  [SKIING WITHOUT PASS.] No person may ski on 
a public cross-country ski trail, including a grant-in-aid cross-
country ski trail, without a valid cross-country ski pass.  
Effective July 1, 1984, any person who violates the provision of 
this section subdivision is guilty of a petty misdemeanor.  
    Subd. 2.  [FALSE STATEMENTS.] A person who knowingly makes 
a false statement related to an application for a cross-country 
ski pass is guilty of a petty misdemeanor. 
    Sec. 5.  Minnesota Statutes 1992, section 97A.045, 
subdivision 4, is amended to read: 
    Subd. 4.  [BOUNDARY WATERS.] The commissioner may regulate 
the taking, possession, and transportation of wild animals from 
state and international boundary waters.  The rules may include: 
    (1) special seasons for taking fish; and 
    (2) restrictions on the limits of fish that may be taken, 
possessed, or transported from international boundary waters by 
a person possessing both a Minnesota angling license and an 
angling license from an adjacent Canadian province.  
    Sec. 6.  Minnesota Statutes 1992, section 97A.045, is 
amended by adding a subdivision to read: 
    Subd. 9.  [NOTICE OF RULEMAKING.] In addition to notice 
requirements under chapter 14, the commissioner shall attempt to 
notify persons or groups of persons affected by rules adopted 
under the game and fish laws by public announcements, press 
releases, and other appropriate means as determined by the 
commissioner. 
    Sec. 7.  Minnesota Statutes 1992, section 97A.055, is 
amended by adding a subdivision to read: 
    Subd. 5.  [PELTING FEES.] The commissioner may pay a 
pelting fee to a person who recovers, treats, preserves, or 
transports the pelt of a fur-bearing animal that is accidentally 
killed or is lawfully taken under section 97B.655.  The 
commissioner may adopt rules setting pelting fees and governing 
their payment.  The amounts necessary to pay the fees are 
appropriated from the game and fish fund to the commissioner. 
    Sec. 8.  Minnesota Statutes 1992, section 97A.091, 
subdivision 1, is amended to read: 
    Subdivision 1.  [HUNTING AND POSSESSION OF FIREARMS.] 
Except as provided in subdivision 2, a person may not take a 
wild animal, except fish, within a state game refuge.  A person 
may not carry within a refuge: 
    (1) a firearm within a refuge unless the firearm is 
unloaded and contained in a case, or unloaded and broken down; 
or 
     (2) an uncased bow. 
    Sec. 9.  Minnesota Statutes 1992, section 97A.091, 
subdivision 2, is amended to read: 
    Subd. 2.  [WHEN HUNTING ALLOWED.] (a) The commissioner may 
allow hunting of a protected wild animal species within any 
portion of a state game refuge, including a state park, during 
the next regular open season.  Hunting in a refuge may be 
allowed under this paragraph only if the commissioner finds: 
    (1) the population of the species exceeds the refuge's 
carrying capacity; 
    (2) the species is causing substantial damage to 
agricultural or forest crops in the vicinity; 
    (3) the species or other protected wild animals are 
threatened by the species population; or 
    (4) a harvestable surplus of the species exists.  
    (b) The commissioner may allow hunting of unprotected wild 
animals in a game refuge. 
    (c) The commissioner may prescribe rules for any hunting 
allowed within a refuge.  
    Sec. 10.  [97A.092] [CONTROLLED HUNTING ZONES.] 
    The commissioner may by rule establish controlled hunting 
zones in areas on or adjacent to wildlife management areas and 
game refuges where the commissioner determines it is necessary 
to limit the distribution of waterfowl hunters.  The 
commissioner may by rule establish conditions for entry and 
restrictions on hunting in a controlled hunting zone, including 
procedures for impartially selecting hunters for the zone. 
    Sec. 11.  Minnesota Statutes 1992, section 97A.095, 
subdivision 2, is amended to read: 
    Subd. 2.  [WATERFOWL FEEDING AND RESTING AREAS.] The 
commissioner may, by rule, designate any part of a lake as a 
migratory feeding or resting area.  Before designation, the 
commissioner must receive a petition signed by at least ten 
local resident licensed hunters describing the area of a lake 
that is a substantial feeding or resting area for migratory 
waterfowl, and find that the statements in the petition are 
correct, and that adequate, free public access to the lake 
exists near the designated area.  The commissioner shall post 
the area as a migratory waterfowl feeding and resting 
area.  Except as authorized in rules adopted by the 
commissioner, a person may not enter a posted migratory 
waterfowl feeding and resting area, during the open a period 
when hunting of migratory waterfowl season is allowed, with 
watercraft or aircraft propelled by a motor, other than an 
electric motor of less than 30 pounds thrust.  The commissioner 
may, by rule, further restrict the use of electric motors in 
migratory waterfowl feeding and resting areas. 
    Sec. 12.  [97A.098] [TRESPASS ON FEDERAL LANDS.] 
    A person may not enter or use a national wildlife refuge or 
federal waterfowl production area in violation of federal law. 
    Sec. 13.  Minnesota Statutes 1992, section 97A.105, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSE REQUIREMENTS.] (a) A person may 
breed and propagate fur-bearing animals, game birds, bear, 
moose, elk, caribou, or deer only on privately owned or leased 
land and after obtaining a license.  Any of the permitted 
animals on a game farm may be sold to other licensed game 
farms.  "Privately owned or leased land" includes waters that 
are shallow or marshy, are not actually navigable, and are not 
of substantial beneficial public use.  Before an application for 
a license is considered, the applicant must enclose the area to 
sufficiently confine the animals to be raised in a manner 
approved by the commissioner.  A license may be granted only if 
the commissioner finds the application is made in good faith 
with intention to actually carry on the business described in 
the application and the commissioner determines that the 
facilities are adequate for the business.  
    (b) A person may purchase live game birds or their eggs 
without a license if the birds or eggs, or birds hatched from 
the eggs, are released into the wild, consumed, or processed for 
consumption within one year after they were purchased or 
hatched.  This paragraph does not apply to the purchase of 
migratory waterfowl or their eggs. 
    Sec. 14.  Minnesota Statutes 1992, section 97A.105, is 
amended by adding a subdivision to read: 
    Subd. 9.  [RULES.] The commissioner may adopt rules for: 
    (1) the issuance of game farm licenses; 
    (2) the inspection of game farm facilities; 
    (3) the acquisition and disposal of game farm animals; and 
    (4) record keeping and reporting by game farm licensees. 
    Sec. 15.  Minnesota Statutes 1992, section 97A.137, is 
amended to read: 
    97A.137 [HUNTING AND, FISHING, AND TRESPASSING IN WILDLIFE 
MANAGEMENT AREAS.] 
    Subdivision 1.  [HUNTING AND FISHING.] Wildlife management 
areas are open to hunting and trapping fishing unless closed by 
rule of the commissioner or by posting under subdivision 2.  
    Subd. 2.  [COMMISSIONER MAY RESTRICT ENTRY TO DESIGNATED 
AREAS.] The commissioner may, by posting in accordance with 
section 97B.001, subdivision 4, designate areas within wildlife 
management areas that are closed to entry for the purpose of 
providing areas where disturbance of wildlife can be minimized.  
A person may not enter an area posted under this subdivision 
except as authorized by rule or a permit issued by the 
commissioner. 
    Sec. 16.  Minnesota Statutes 1992, section 97A.255, 
subdivision 2, is amended to read: 
    Subd. 2.  [BURDEN OF PROOF.] (a) 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 or aquatic 
farm, taken for scientific purposes, lawfully taken, or received 
as a gift, is on the defendant. 
    (b) The commissioner may by rule prescribe the 
documentation or other evidence sufficient to demonstrate lawful 
possession of: 
    (1) a wild animal received as a gift; and 
    (2) a wild animal taken on an Indian reservation or in 
another state, province, or country. 
    Sec. 17.  Minnesota Statutes 1992, section 97A.401, 
subdivision 4, is amended to read: 
    Subd. 4.  [TAKING WILD ANIMALS FROM GAME REFUGES, WILDLIFE 
MANAGEMENT, AND OTHER AREAS.] Special permits may be issued, 
with or without a fee, to take a wild animal from game refuges, 
wildlife management areas, state parks, controlled hunting 
zones, and other areas of the state that the commissioner may 
open for the taking of a wild animal during a special season or 
subject to special restrictions.  In addition, an application 
fee may be charged for a special permit.  Fees to be collected 
shall be based upon the estimated cost of conducting the special 
season or administering the special restrictions. 
    Sec. 18.  Minnesota Statutes 1992, section 97A.415, 
subdivision 2, is amended to read: 
    Subd. 2.  [TRANSFER PROHIBITED.] A person may not lend, 
transfer, borrow, or solicit a license or permit, application 
for a license or permit, coupon, tag, or seal, or use a license, 
permit, coupon, tag, or seal not issued to the person unless 
otherwise expressly authorized.  
    Sec. 19.  [97A.418] [PERMIT RULES.] 
    Wherever the game and fish laws specifically provide for 
the issuance of a permit by the commissioner, the commissioner 
may do the following in accordance with criteria and procedures 
established in rules adopted by the commissioner: 
    (1) issue a permit with reasonable conditions; and 
    (2) deny, modify, suspend, or revoke a permit for cause, 
including violation of the game and fish laws or rules adopted 
thereunder. 
    Sec. 20.  Minnesota Statutes 1992, section 97A.431, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NUMBER OF LICENSES; PARTY SIZE.] The 
commissioner shall include in a rule setting the dates for a 
moose season: 
    (1) the number of licenses to be issued; and 
    (2) the size of a moose hunting party, not to exceed six 
persons.  
    Sec. 21.  Minnesota Statutes 1992, section 97A.431, 
subdivision 4, is amended to read: 
    Subd. 4.  [SEPARATE SELECTION; ELIGIBILITY.] (a) The 
commissioner may conduct a separate selection for up to 20 
percent of the moose licenses to be issued for an area.  Only 
owners of, and tenants living on, at least 160 acres of 
agricultural or grazing land in the area, and their family 
members, are eligible for the separate selection.  Persons that 
are unsuccessful in a separate selection must be included in the 
selection for the remaining licenses.  
    (b) The commissioner may by rule establish criteria for 
determining eligible family members under this subdivision. 
    Sec. 22.  Minnesota Statutes 1992, section 97A.433, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NUMBER OF LICENSES; PARTY SIZE.] The 
commissioner shall include the number of licenses to be issued 
in a rule setting the dates for an elk season: 
    (1) the number of licenses to be issued; and 
    (2) the size of an elk hunting party, not to exceed two 
persons. 
    Sec. 23.  Minnesota Statutes 1992, section 97A.433, 
subdivision 4, is amended to read: 
    Subd. 4.  [SEPARATE SELECTION; ELIGIBILITY.] (a) The 
commissioner may conduct a separate selection for up to 20 
percent of the elk licenses to be issued for an area.  Only 
owners of, and tenants living on, at least 160 acres of 
agricultural or grazing land in the area, and their family 
members, are eligible for the separate selection.  Persons that 
are unsuccessful in a separate selection must be included in the 
selection for the remaining licenses.  Persons who obtain an elk 
license in a separate selection must allow public elk hunting on 
their land during the elk season for which the license is valid. 
    (b) The commissioner may by rule establish criteria for 
determining eligible family members under this subdivision. 
    Sec. 24.  Minnesota Statutes 1992, section 97A.435, 
subdivision 4, is amended to read: 
    Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
The commissioner may conduct a separate selection for up to 20 
percent of the turkey licenses to be issued for any area.  Only 
persons that are owners or tenants of and that live on at least 
40 acres of agricultural or grazing land in the area, and their 
family members, are eligible applicants for turkey licenses for 
the separate selection.  Persons that are unsuccessful in a 
separate selection must be included in the selection for the 
remaining licenses.  Persons that obtain a license in a separate 
selection must allow public turkey hunting on their land during 
that turkey season.  
    (b) The commissioner may by rule establish criteria for 
determining eligible family members under this subdivision. 
    Sec. 25.  [97A.438] [RELEASE OF WILD TURKEYS; PERMIT 
REQUIRED.] 
    A person may not release a wild turkey or wild turkey 
hybrid without a permit from the commissioner. 
    Sec. 26.  Minnesota Statutes 1992, section 97A.441, is 
amended by adding a subdivision to read: 
    Subd. 8.  [DUPLICATE LICENSES.] There is no fee for a 
duplicate license if the original license was issued without a 
fee. 
    Sec. 27.  Minnesota Statutes 1992, section 97A.475, is 
amended by adding a subdivision to read: 
    Subd. 43.  [DUPLICATE LICENSES.] The fees for duplicate 
licenses are: 
    (1) for licenses to take big game, $5; and 
    (2) for other licenses, $2. 
    Sec. 28.  Minnesota Statutes 1992, section 97A.485, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [LICENSES TO TAKE ADDITIONAL DEER.] The 
commissioner may appoint federal, state, or local government 
employees to be agents of the commissioner for the sale of 
licenses or permits to take additional deer under section 
97B.301, subdivision 4.  A bond is not required of a government 
employee appointed under this subdivision. 
    Sec. 29.  Minnesota Statutes 1992, section 97A.485, 
subdivision 6, is amended to read: 
    Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
Persons authorized to sell licenses under this section must sell 
the following licenses for the license fee and the following 
issuing fees:  
    (1) to take deer or bear with firearms and by archery, the 
issuing fee is $1; 
     (2) Minnesota sporting, the issuing fee is $1; and 
     (3) to take small game, for a person under age 65 to take 
fish by angling or for a person of any age to take fish by 
spearing, and to trap fur-bearing animals, the issuing fee is 
$1; 
     (4) for a trout and salmon stamp that is not issued 
simultaneously with an angling or sporting license, an issuing 
fee of 50 cents may be charged at the discretion of the 
authorized seller; and 
     (5) for stamps other than a trout and salmon stamp, there 
is no fee. 
     (b) An issuing fee may not be collected for issuance of a 
trout and salmon stamp if a stamp is issued simultaneously with 
the related angling or sporting license.  Only one issuing fee 
may be collected when selling more than one trout and salmon 
stamp in the same transaction after the end of the season for 
which the stamp was issued. 
    (c) The auditor or subagent shall keep the issuing fee as a 
commission for selling the licenses.  
    (d) The commissioner shall collect the issuing fee on 
licenses sold by the commissioner. 
    (e) A license, except stamps, must state the amount of the 
issuing fee and that the issuing fee is kept by the seller as a 
commission for selling the licenses. 
    (f) The fee for an angling license paid by a resident 65 
years of age or over must be refunded to the licensee upon 
request to the commissioner, if the request is made within 30 
days of the sale.  The commissioner shall design a system on the 
license for this purpose.  An auditor or subagent may not 
provide postage stamps or pre-addressed envelopes for obtaining 
the refund.  An auditor or subagent must provide information on 
the purposes for which license receipts are spent and the 
effects of applying for a refund. 
    (g) For duplicate licenses, the issuing fees are: 
    (1) for licenses to take big game, 75 cents; and 
    (2) for other licenses, 50 cents. 
    Sec. 30.  Minnesota Statutes 1992, section 97A.505, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [TRANSPORTATION OF ANIMALS INTO STATE.] Wild 
animals lawfully taken, bought, sold, or possessed outside the 
state may be brought or shipped into the state unless otherwise 
provided by law. 
    Sec. 31.  Minnesota Statutes 1992, 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.  
    Sec. 32.  Minnesota Statutes 1992, section 97A.535, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEER TAKEN BY ARCHERY, ELK, AND MOOSE MUST HAVE 
ADDITIONAL TAG REGISTRATION REQUIRED.] Deer taken by 
archery, bear, elk, and moose must be tagged registered as 
prescribed by the commissioner, in addition to the tag required 
in subdivision 1.  
    Sec. 33.  Minnesota Statutes 1992, section 97A.545, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RESIDENTS SHIPPING BY COMMON CARRIER.] A 
resident that ships undressed game birds to the resident by 
common carrier without being in the vehicle may not make more 
than three shipments during a license year.  A shipment may not 
contain more than the resident's daily limit.  
    Sec. 34.  Minnesota Statutes 1992, section 97A.545, 
subdivision 2, is amended to read: 
    Subd. 2.  [NONRESIDENTS SHIPPING BY COMMON CARRIER.] A 
nonresident that ships undressed game birds to the nonresident 
by common carrier without being in the vehicle must obtain a 
shipping permit from the commissioner.  The commissioner shall 
issue the permit upon request, without a fee.  The carrier 
receiving the shipment must cancel the permit as prescribed by 
the commissioner.  
    Sec. 35.  Minnesota Statutes 1992, section 97A.545, 
subdivision 4, is amended to read: 
    Subd. 4.  [UNDRESSED GAME BIRDS TAKEN OUTSIDE OF THIS 
STATE.] (a) A person may transport into the state undressed game 
birds that are lawfully taken and possessed 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. 36.  Minnesota Statutes 1992, section 97A.545, is 
amended by adding a subdivision to read: 
    Subd. 5.  [BIRDS MUST BE IN UNDRESSED CONDITION; 
EXCEPTIONS.] (a) Except as provided in paragraph (b), a person 
may ship or otherwise transport game birds in an undressed 
condition only. 
    (b) Paragraph (a) does not apply if the birds being shipped 
or otherwise transported: 
    (1) were taken on a shooting preserve and are marked or 
identified in accordance with section 97A.121, subdivision 5; or 
    (2) were taken, dressed, and lawfully shipped or otherwise 
transported in another state. 
    Sec. 37.  Minnesota Statutes 1992, section 97A.551, is 
amended by adding a subdivision to read: 
    Subd. 5.  [PREPARATION AND PACKING OF FISH FOR 
TRANSPORTATION.] The commissioner may adopt rules for the 
preparation and packing of fish for transportation. 
    Sec. 38.  Minnesota Statutes 1992, section 97B.425, is 
amended to read: 
    97B.425 [BAITING BEARS.] 
    Notwithstanding section 609.68, a person may place bait to 
take bear and must display a tag at each site where bait is 
placed and register the sites.  The commissioner shall prescribe 
the method of tagging and registering the sites.  To attract 
bear a person may not use a bait with: 
    (1) a carcass from a mammal, if the carcass contains more 
than 25 percent of the intact carcass; 
    (2) meat from mammals, if the meat contains bones; 
    (3) bones of mammals; 
    (4) solid waste containing bottles, cans, plastic, paper, 
or metal; 
    (5) materials that are not readily biodegradable; or 
    (6) any part of a swine, except cured pork. 
    Sec. 39.  Minnesota Statutes 1992, section 97B.671, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORIZATION TO TAKE PREDATORS.] If the 
commissioner determines that predators are damaging domestic or 
wild animals and further damage can be prevented, the 
commissioner shall authorize the taking of the predators by 
predator controllers.  The commissioner shall define the area 
where the predators may be taken, the objectives to be achieved, 
procedures for notifying predator controllers, payments to be 
made, the methods to be used, and when the predator control 
shall cease.  
    Sec. 40.  Minnesota Statutes 1992, section 97B.671, 
subdivision 2, is amended to read: 
    Subd. 2.  [CERTIFICATION OF PREDATOR CONTROLLERS.] (a) The 
commissioner shall certify a person as a predator controller if 
the person has not violated a provision of this section and 
meets qualifications of experience, ability, and reliability.  
The commissioner shall establish application procedures, 
prescribe forms, and maintain a list of predator controllers.  
The application procedures must include reports from 
conservation officers and other department field personnel as to 
the ability and reliability of the applicants.  
    (b) The commissioner may revoke a certification if the 
predator controller violates a provision of section 97B.601 to 
97B.671 or 97B.901 to 97B.945 or a rule of the commissioner 
relating to fur-bearing animals. 
    Sec. 41.  Minnesota Statutes 1992, section 97B.711, 
subdivision 2, is amended to read: 
    Subd. 2.  [DAILY AND POSSESSION LIMITS FOR CERTAIN UPLAND 
GAME BIRDS.] (a) A person may not take more than five in one day 
or possess more than ten of each of the following: 
    (1) pheasant; 
    (2) ruffed grouse; 
    (3) sharp tailed grouse; 
    (4) Canada spruce grouse; 
    (5) prairie chicken; 
    (5) (6) gray partridge; and 
    (6) (7) chukar partridge. 
    (b) A person may not take more than ten quail in one day or 
possess more than 15 bob-white quail. 
    (c) The commissioner may, by rule, reduce the daily and 
possession limits established in this subdivision. 
    Sec. 42.  Minnesota Statutes 1992, section 97B.711, is 
amended by adding a subdivision to read: 
    Subd. 3.  [RESTRICTIONS.] The commissioner may by rule 
prescribe methods and other restrictions for the taking of game 
birds. 
    Sec. 43.  Minnesota Statutes 1992, section 97B.721, is 
amended to read: 
    97B.721 [LICENSE REQUIRED TO TAKE TURKEY; TAGGING AND 
REGISTRATION REQUIREMENTS.] 
    (a) A person may not take a turkey without a turkey license.
    (b) The commissioner may by rule prescribe requirements for 
the tagging and registration of turkeys. 
    Sec. 44.  Minnesota Statutes 1992, section 97B.811, is 
amended by adding a subdivision to read: 
    Subd. 5.  [RULES GOVERNING BLINDS.] The commissioner may 
adopt rules for the use of blinds on public lands and public 
waters. 
     Sec. 45.  [97B.928] [IDENTIFICATION OF TRAPS AND SNARES.] 
    Subdivision 1.  [INFORMATION REQUIRED.] (a) A person may 
not set or place a trap or snare, other than on property owned 
or occupied by the person, unless the following information is 
affixed to the trap or snare in a manner that ensures that the 
information remains legible while the trap or snare is on the 
lands or waters: 
    (1) the number and state of the person's driver's license; 
    (2) the person's Minnesota identification card number; or 
    (3) the person's name and mailing address. 
    (b) The commissioner may not prescribe additional 
requirements for identification of traps or snares. 
    Subd. 2.  [PROVISIONS NOT TO APPLY.] From April 1 to August 
31, the trap identification provisions of subdivision 1 do not 
apply to traps set for the taking of unprotected wild animals. 
    Subd. 3.  [PENALTY.] A person who violates subdivision 1, 
paragraph (a), is guilty of a petty misdemeanor. 
    Sec. 46.  [97B.951] [USE OF SNARES TO TAKE UNPROTECTED 
MAMMALS.] 
    A snare set for an unprotected mammal may not be left in 
place after March 31 except as authorized by the commissioner 
for the predator control program under section 97B.671. 
    Sec. 47.  Minnesota Statutes 1992, section 97C.025, is 
amended to read: 
    97C.025 [FISHING AND MOTORBOATS PROHIBITED IN SPAWNING BEDS 
AND FISH PRESERVES CERTAIN AREAS.] 
    (a) Except as provided in paragraph (b), a person may not 
take fish from or drive motorboats over posted waters that: 
    (1) are designated as spawning beds or fish preserves; or 
    (2) are being used by the commissioner for fisheries 
research or management activities.  
An area may be posted under this paragraph if necessary to 
prevent excessive depletion of fish or interference with 
fisheries research or management activities. 
    (b) An owner of riparian land adjacent to an area posted 
under paragraph (a) may operate a motorboat through the area by 
the shortest direct route at a speed of not more than five miles 
per hour. 
    Sec. 48.  Minnesota Statutes 1992, section 97C.051, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PERMIT.] (a) The commissioner may issue a 
special permit, without a fee, to apply piscicides to restore 
waters at the permittee's expense.  The commissioner may by rule 
prescribe insurance requirements for permit applicants. 
    (b) The A permit under this section may be issued to an 
individual, a group of riparian owners, or a lake improvement 
association.  The permit may only be issued if all riparian 
owners have consented in writing.  
    Sec. 49.  Minnesota Statutes 1992, section 97C.081, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTESTS WITHOUT A PERMIT.] A person may conduct 
a fishing contest with entry fees of $10, or less, per person 
and total prizes valued at $2,000, or less, without a permit 
from the commissioner.  The commissioner may, by rule, establish 
restrictions on the fishing contest to protect fish and fish 
habitat and for the safety of contest participants. 
    Sec. 50.  Minnesota Statutes 1992, section 97C.081, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTESTS AUTHORIZED BY COMMISSIONER.] The 
commissioner may, by rule or permit, allow fishing contests with 
entry fees over $10 per person and or total prizes valued at 
more than $2,000.  Permits must be issued without a fee and if 
the commissioner does not deny the permit within 14 days, 
excluding holidays, after receipt of an application, the permit 
is granted. 
    Sec. 51.  Minnesota Statutes 1992, section 97C.081, is 
amended by adding a subdivision to read: 
    Subd. 4.  [RESTRICTIONS.] The commissioner may by rule 
establish restrictions on fishing contests to protect fish and 
fish habitat and for the safety of contest participants. 
    Sec. 52.  [97C.085] [PERMIT REQUIRED FOR TAGGING FISH.] 
    A person may not tag or otherwise mark a live fish for 
identification without a permit from the commissioner. 
    Sec. 53.  Minnesota Statutes 1992, section 97C.205, is 
amended to read: 
    97C.205 [RULES FOR SPORTING ORGANIZATIONS TO REAR AND STOCK 
TRANSPORTING AND STOCKING FISH.] 
    (a) The commissioner may adopt rules to regulate: 
    (1) the transportation of fish and fish eggs from one body 
of water to another; and 
    (2) the stocking of waters with fish or fish eggs. 
    (b) The commissioner shall prescribe rules designed to 
encourage local sporting organizations to propagate game fish by 
using rearing ponds.  The rules must:  
    (1) prescribe methods to acquire brood stock for the ponds 
by seining public waters; 
    (2) allow the sporting organizations to own and use seines 
and other necessary equipment; and 
    (3) prescribe methods for stocking the fish in public 
waters that give priority to the needs of the community where 
the fish are reared and the desires of the organization 
operating the rearing pond.  
    Sec. 54.  Minnesota Statutes 1992, section 97C.311, is 
amended to read: 
    97C.311 [LAKE SUPERIOR FISHING GUIDE LICENSE.] 
    Subdivision 1.  [LICENSE REQUIRED.] A person may not 
operate a charter boat and guide anglers on Lake Superior for 
compensation without a Lake Superior fishing guide license.  
    Subd. 2.  [RULES.] The commissioner shall prescribe adopt 
rules for qualification and: 
    (1) issuance of the licenses, including qualifications for 
licensees; and 
    (2) record keeping and reporting by licensees.  
    Subd. 3.  [FEDERAL REQUIREMENTS.] A person may not use a 
watercraft for activities authorized under this section unless 
the watercraft complies with all applicable licensing and safety 
requirements of the United States Coast Guard. 
    Sec. 55.  [97C.327] [MEASUREMENT OF FISH LENGTH.] 
    For the purpose of determining compliance with size limits 
for fish in this chapter or in rules of the commissioner, the 
length of a fish must be measured from the tip of the nose to 
the tip of the tail when fully extended. 
    Sec. 56.  Minnesota Statutes 1992, section 97C.331, is 
amended to read: 
    97C.331 [SNAGGING FISH PROHIBITED.] 
    A person may not: 
    (1) intentionally take fish with by snagging; or 
    (2) use a snagline, snagpole, snaghook, or cluster of fish 
hooks, designed to be placed in or drawn through the water to 
hook the body of a fish.  
    Sec. 57.  Minnesota Statutes 1992, section 97C.345, 
subdivision 4, is amended to read: 
    Subd. 4.  [EXCEPTIONS.] This section does Subdivisions 1 to 
3 do not apply to: 
    (1) nets used to take rainbow smelt during the open season; 
    (2) nets used to land game fish taken by angling; 
    (3) seines or traps used for the taking of minnows for 
bait; 
    (4) nets, seines, or traps possessed and used under an 
aquatic farm license; and 
    (5) angling equipment.  
    Sec. 58.  Minnesota Statutes 1992, section 97C.345, is 
amended by adding a subdivision to read: 
    Subd. 5.  [RULES.] The commissioner may adopt rules to 
regulate the use of nets to take fish. 
    Sec. 59.  Minnesota Statutes 1992, section 97C.391, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL RESTRICTIONS.] A person may not 
buy or sell fish taken from the waters of this state, except: 
    (1) minnows; 
    (2) rough fish excluding ciscoes; 
    (3) smelt taken from Lake Superior and rivers and streams 
that flow into Lake Superior; 
    (4) fish taken under licensed commercial fishing 
operations; 
    (4) (5) fish that are private aquatic life; and 
    (5) (6) fish lawfully taken and subject to sale from other 
states and countries.  
    Sec. 60.  Minnesota Statutes 1992, section 97C.405, is 
amended to read: 
    97C.405 [MUSKELLUNGE SIZE LIMITS.] 
    (a) Except as allowed under paragraph (b), if a person 
catches a muskellunge less than 36 40 inches long in waters 
north of trunk highway No. 210, the person must immediately 
release the fish into the waters.  
    (b) The commissioner may designate lakes north of trunk 
highway No. 210 where muskellunge less than 36 40 inches, but 
not less than 30 inches long, may be retained. 
    Sec. 61.  Minnesota Statutes 1992, section 97C.505, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY TO TAKE, POSSESS, BUY, AND 
SELL.] (a) Minnows may be taken, possessed, bought, and sold, 
subject to the restrictions in this chapter and in rules adopted 
by the commissioner under paragraph (b).  A person may not take, 
possess, or sell minnows except for use as bait or for 
ornamental or aquacultural purposes. 
    (b) The commissioner may adopt rules for the taking, 
possession, purchase, sale, and transportation of minnows.  
    Sec. 62.  Minnesota Statutes 1992, section 97C.601, 
subdivision 6, is amended to read: 
    Subd. 6.  [BUYING AND SELLING FOR PURPOSES OTHER THAN 
BAIT RULES.] The commissioner shall prescribe rules for taking, 
buying, selling, possessing, importing, and transporting frogs 
for purposes other than bait.  
    Sec. 63.  Minnesota Statutes 1992, section 97C.805, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OPEN SEASON.] (a) The commissioner shall, 
by rule, prescribe the open season and open state waters for 
netting lake whitefish and ciscoes.  The commissioner may open 
specific lakes and waters that are otherwise closed if the 
commissioner posts notice of the date and time in appropriate 
public places at least 48 hours before the open season begins.  
    (b) The commissioner may close specific lakes and waters 
that are otherwise open under this subdivision if the 
commissioner posts notice of the closing at a minimum of three 
sites on the shore of the waters, including all public water 
access sites.  Before closing waters under this paragraph, the 
commissioner shall determine that the closure is necessary to 
protect game fish populations. 
    Sec. 64.  Minnesota Statutes 1992, 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 stretch measure, for nets used 
to take ciscoes; and 
    (2) 3-1/2 inches, extension stretch 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. 
    (g) A person may not have angling equipment in possession 
while netting lake whitefish or ciscoes. 
    Sec. 65.  Minnesota Statutes 1992, section 97C.805, 
subdivision 4, is amended to read: 
    Subd. 4.  [NO LIMIT ON ROUGH FISH NETTED.] Lake whitefish 
and ciscoes taken under this section may be taken and possessed 
without limit.  Rough fish caught while netting may be 
retained.  All other fish taken while netting must be returned 
to the water immediately. 
    Sec. 66.  Minnesota Statutes 1992, section 97C.865, is 
amended to read: 
    97C.865 [FISH PACKERS.] 
    Subdivision 1.  [LICENSE REQUIRED; RECORDS.] (a) A 
person engaged in a business providing services to a person 
taking fish may not prepare dressed game fish for shipment 
without a fish packer's license.  The fish packer must maintain 
a permanent record of: 
    (1) the name, address, and license number of the shipper; 
    (2) the name and address of the cosignee consignee; and 
    (3) the number of each species and net weight of fish in 
the shipment. 
    (b) The records of the fish packer must be made available 
to an enforcement officer upon request.  
    Subd. 2.  [RULES.] The commissioner may adopt rules 
establishing requirements for labeling and packing fish under a 
fish packer's license. 
    Sec. 67.  [97C.871] [CRAYFISH.] 
    The commissioner may adopt rules, including record keeping 
requirements, for taking, importing, buying, selling, 
possessing, and transporting crayfish. 
    Sec. 68.  Laws 1991, chapter 259, section 24, is amended to 
read: 
    Sec. 24.  [EXPIRATION OF EXISTING COMMISSIONER'S ORDERS.] 
    The following commissioner's orders that would be rules 
within the definition of Minnesota Statutes, section 14.02, 
subdivision 4, but for the exception in Minnesota Statutes 1990, 
section 14.03, subdivision 3, and have not been adopted under 
the rulemaking provisions of Minnesota Statutes, chapter 14, 
expire and are terminated July September 1, 1993.  This section 
is intended to allow sufficient time for the commissioner to 
make recommendations to the legislature regarding orders 
existing as of the effective date of this act that should be 
exempted from the rulemaking requirements in section 5, and for 
the legislature to act on the recommendations.:  1774, 2164, 
2238, 2240, 2265, 2272, 2303, 2304, 2311, 2360, 2375, 2377, 
2391, 2396, 2400, 2403, 2429, and 2450. 
    Sec. 69.  [EXEMPTION FROM RULEMAKING REQUIREMENTS.] 
    (a) The proposed rule published at State Register, volume 
17, pages 2550 to 2688, is exempt from further requirements 
under Minnesota Statutes, chapter 14, and may be adopted by the 
commissioner of natural resources by publication in the manner 
prescribed in Minnesota Statutes, section 14.18.  The rule is 
effective September 1, 1993, or five working days after 
publication, whichever is later. 
    (b) The exemption in paragraph (a) applies only to the 
extent that the rule is authorized by law.  This section does 
not constitute legislative ratification of the contents of the 
rule or provide independent statutory authority for the rule. 
    Sec. 70.  [AUTHORITY FOR EMERGENCY RULES.] 
    Rules adopted under sections 2, 7, 10, 11, 14, 19 to 23, 
37, 42, 44, 48, 53, 54, 58, 61, 62, 66, and 67 may be adopted as 
emergency rules under Minnesota Statutes, sections 14.29 to 
14.36, except that section 14.29, subdivision 4, does not apply. 
    Sec. 71.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes shall include the rule identified 
in section 69 in the next supplement or compilation of Minnesota 
Rules in the same manner as other permanent rules adopted under 
chapter 14. 
    Sec. 72.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment, 
except that section 45 is effective August 1, 1993, and applies 
to violations occurring on or after that date. 
    Presented to the governor May 14, 1993 
    Signed by the governor May 17, 1993, 3:11 p.m.