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Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 561-H.F.No. 3032
An act relating to game and fish; regulating certain
uses of fish manure; clarifying the purposes for which
various game and fish revenues may be spent; requiring
establishment of citizen oversight committees to
review expenditures of game and fish revenues;
regulating various wildlife management accounts and
authorizing annual appropriations to commissioner of
natural resources for various purposes; regulating use
of revenues from various game stamps; authorizing
certain permits to be designated as available for
persons with disabilities or over age 70; increasing
fishing license fees; modifying regulations on
cooperative farming agreements; modifying source of
payments made to certain Indian tribes; abolishing the
angling license refund for senior citizens; requiring
the commissioner of natural resources to negotiate
with bargaining units prior to involuntary layoffs;
appropriating money and reducing earlier
appropriations; amending Minnesota Statutes 1992,
sections 97A.055, by adding a subdivision; 97A.061,
subdivision 1; 97A.071, subdivision 3, and by adding
subdivisions; 97A.075, subdivisions 2, 3, and 4;
97A.135, subdivision 3; 97A.165; 97A.475, subdivisions
6, 7, 8, and 13; 97A.485, subdivision 7; and 97B.055,
subdivision 3; Minnesota Statutes 1993 Supplement,
sections 97A.055, subdivision 4; 97A.061, subdivision
3; 97A.071, subdivision 2; 97A.091, subdivision 2;
97A.475, subdivision 12; and 97A.485, subdivision 6;
proposing coding for new law in Minnesota Statutes,
chapter 17; repealing Minnesota Statutes 1992,
sections 97A.065, subdivision 3; 97A.071, subdivision
4; 97A.475, subdivision 9; and 103E.615, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [17.4999] [STORAGE, HANDLING, AND DISPOSAL OF
FISH MANURE.]
Fish manure from aquatic farm operations:
(1) is subject to the same requirements under state law and
rules as other animal manures; and
(2) if managed in a pond system, may be applied as a
manipulated manure under chapter 18C if certified by the
commissioner.
Sec. 2. Minnesota Statutes 1993 Supplement, section
97A.055, subdivision 4, is amended to read:
Subd. 4. [ANNUAL REPORT REPORTS.] (a) By November 15 each
year, the commissioner shall report submit to the legislative
committees having jurisdiction over appropriations and the
environment and natural resources reports on each of the
following:
(1) the amount of revenue from the following and purposes
for which expenditures were made:
(i) the fishing license surcharge under section 97A.475,
subdivision 9;
(ii) the small game license surcharge under section
97A.475, subdivision 4;
(iii) (ii) the Minnesota migratory waterfowl stamp under
section 97A.475, subdivision 5, clause (1);
(iv) (iii) the trout and salmon stamp under section
97A.475, subdivision 10; and
(v) (iv) the pheasant stamp under section 97A.475,
subdivision 5, clause (2); and
(2) the amounts available under section 97A.075,
subdivision 1, paragraphs (b) and (c), and the purposes for
which these amounts were spent; and
(3) money credited to the game and fish fund under section
97A.055 and purposes for which expenditures were made from the
fund.
(b) The report must include the commissioner's
recommendations, if any, for changes in the laws relating to the
stamps and surcharges surcharge referenced in paragraph (a).
Sec. 3. Minnesota Statutes 1992, section 97A.055, is
amended by adding a subdivision to read:
Subd. 4a. [CITIZEN OVERSIGHT COMMITTEES.] (a) The
commissioner shall appoint committees of affected persons to
review the reports prepared under subdivision 4 and other
relevant information and make recommendations to the legislature
and the commissioner for improvements in the management and use
of money in the game and fish fund.
(b) The commissioner shall appoint the following committees:
(1) a committee to review the annual game and fish fund
report and address general game and fish fund issues;
(2) a committee to address funding issues related to
fishing;
(3) a committee to review the report on the small game
license surcharge and the report required in section 97A.055,
subdivision 4, paragraph (a), clause (2), and address funding
issues related to hunting;
(4) a committee to review the trout and salmon stamp report
and address funding issues related to trout and salmon;
(5) a committee to review the report on the migratory
waterfowl stamp and address funding issues related to migratory
waterfowl; and
(6) a committee to review the report on the pheasant stamp
and address funding issues related to pheasants.
Sec. 4. Minnesota Statutes 1992, section 97A.061,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY; AMOUNT.] (a) The
commissioner shall annually make a payment from the game and
fish fund to each county having public hunting areas and game
refuges. Money to make the payments is annually appropriated
for that purpose from the general fund. This section does not
apply to state trust fund land and other state land not
purchased for game refuge or public hunting purposes. The
payment shall be the greatest of:
(1) 35 percent of the gross receipts from all special use
permits and leases of land acquired for public hunting and game
refuges;
(2) 50 cents per acre on land purchased actually used for
public hunting or game refuges; or
(3) three-fourths of one percent of the appraised value of
purchased land actually used for public hunting and game refuges.
(b) The payment must be reduced by the amount paid under
subdivision 3 for croplands managed for wild geese.
(c) The appraised value is the purchase price for five
years after acquisition. The appraised value shall be
determined by the county assessor every five years after
acquisition.
Sec. 5. Minnesota Statutes 1993 Supplement, section
97A.061, subdivision 3, is amended to read:
Subd. 3. [GOOSE MANAGEMENT CROPLANDS.] (a) The
commissioner shall make a payment on July 1 of each year from
the game and fish fund, to each county where the state owns more
than 1,000 acres of crop land, for wild goose management
purposes. The payment shall be equal to the taxes assessed on
comparable, privately owned, adjacent land. Money to make the
payments is annually appropriated for that purpose from the
general fund. The county treasurer shall allocate and
distribute the payment as provided in subdivision 2.
(b) The land used for goose management under this
subdivision is exempt from taxation as provided in sections
272.01 and 273.19.
Sec. 6. Minnesota Statutes 1993 Supplement, section
97A.071, subdivision 2, is amended to read:
Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE.]
Revenue from the small game surcharge shall be credited to the
wildlife acquisition account and the money in the account shall
be used by the commissioner only for the purposes of this
section, and acquisition and development of wildlife lands under
section 97A.145 and maintenance of the lands, in accordance with
appropriations made by the legislature.
Sec. 7. Minnesota Statutes 1992, section 97A.071, is
amended by adding a subdivision to read:
Subd. 2a. [USE OF WILDLIFE ACQUISITION ACCOUNT MONEY.] Of
the money annually appropriated and available from the wildlife
acquisition account:
(1) at least 50 percent must be used for land costs; and
(2) the remainder may only be used for other land
acquisition costs, development, and maintenance of wildlife
lands, and activities under subdivision 3.
Sec. 8. Minnesota Statutes 1992, section 97A.071,
subdivision 3, is amended to read:
Subd. 3. [USE OF WILDLIFE ACQUISITION ACCOUNT MONEY
WATERFOWL BREEDING GROUNDS IN CANADA.] The wildlife acquisition
account may be used for 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 the use of the funds will benefit the migration
of waterfowl into the state.
Sec. 9. Minnesota Statutes 1992, section 97A.071, is
amended by adding a subdivision to read:
Subd. 5. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Development" means fencing, signing, and onsite
improvement of the land that is related to the purposes for
which the land was acquired. Development includes material or
equipment that is purchased or rented and labor that is
necessary to provide for the onsite improvement of the land.
(c) "Land costs" means the purchase price of land acquired
by the commissioner under section 97A.145.
(d) "Maintenance" means noxious weed control and other
onsite functions performed on a regular basis to sustain the
environmental conditions that result from the original
improvement of the land.
(e) "Other acquisition costs" means acquisition
coordination costs, costs of engineering services, appraisal
fees, attorney fees, taxes, assessments required at the time of
purchase, and recording fees for land acquired by the
commissioner under section 97A.145.
Sec. 10. Minnesota Statutes 1992, section 97A.075,
subdivision 2, is amended to read:
Subd. 2. [MINNESOTA MIGRATORY WATERFOWL STAMP.] The
commissioner may use (a) Ninety percent of the revenue from the
Minnesota migratory waterfowl stamps must be credited to the
waterfowl habitat improvement account. Money in the account may
be used only for:
(1) development of wetlands and lakes in the state and
designated waterfowl management lakes for maximum migratory
waterfowl production including habitat evaluation, the
construction of dikes, water control structures and
impoundments, nest cover, rough fish barriers, acquisition of
sites and facilities necessary for development and management of
existing migratory waterfowl habitat and the creation of
migratory waterfowl management lakes designation of waters under
section 97A.101;
(2) management of migratory waterfowl;
(3) development, restoration, maintenance, or preservation
of migratory waterfowl habitat; and
(4) acquisition of and access to structure sites; and
(5) necessary related administrative costs not to exceed
ten percent of the annual revenue.
(b) Money in the account may not be used for costs unless
they are directly related to a specific parcel of land or body
of water under paragraph (a), clause (1), (3), or (4), or to
specific management activities under paragraph (a), clause (2).
Sec. 11. Minnesota Statutes 1992, section 97A.075,
subdivision 3, is amended to read:
Subd. 3. [TROUT AND SALMON STAMP.]
The commissioner may use (a) Ninety percent of the revenue
from trout and salmon stamps must be credited to the trout and
salmon management account. Money in the account may be used
only for:
(1) the development, restoration, maintenance, and
preservation of trout streams and lakes; and
(2) rearing and stocking of trout and salmon in trout
streams and lakes and Lake Superior; and
(3) necessary related administrative costs not to exceed
ten percent of the annual revenue.
(b) Money in the account may not be used for costs unless
they are directly related to a specific parcel of land or body
of water under paragraph (a) or to specific fish rearing
activities under paragraph (a), clause (2).
Sec. 12. Minnesota Statutes 1992, section 97A.075,
subdivision 4, is amended to read:
Subd. 4. [PHEASANT STAMP.] The commissioner may use (a)
Ninety percent of the revenue from pheasant stamps must be
credited to the pheasant habitat improvement account. Money in
the account may be used only for:
(1) the development, restoration, and maintenance, and
preservation of suitable habitat for ringnecked pheasants on
public and private land including the establishment of nesting
cover, winter cover, and reliable food sources;
(2) reimbursement of landowners for setting aside lands for
pheasant habitat;
(3) reimbursement of expenditures to provide pheasant
habitat on public and private land; and
(4) the promotion of pheasant habitat development, and
maintenance, and preservation; and
(5) necessary related administrative and personnel costs
not to exceed ten percent of the annual revenue including
promotion and evaluation of government farm program benefits for
pheasant habitat.
(b) Money in the account may not be used for:
(1) costs unless they are directly related to a specific
parcel of land under paragraph (a), clauses (1) to (3), or to
specific promotional or evaluative activities under paragraph
(a), clause (4); or
(2) any personnel costs.
Sec. 13. Minnesota Statutes 1993 Supplement, 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. Hunting
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.
(d) In any selection process for permits to take deer
within a game refuge, the commissioner may designate a certain
number of permits that are available only to applicants who are
age 70 or over or are qualified for a special permit under
section 97B.055, subdivision 3, or 97B.106.
Sec. 14. Minnesota Statutes 1992, section 97A.135,
subdivision 3, is amended to read:
Subd. 3. [COOPERATIVE FARMING AGREEMENTS.] On any public
hunting, game refuge, or wildlife management area, or scientific
and natural 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 and plant management. Cooperative farming agreements
may also be used to allow pasturing of livestock. 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 or products that will enhance or
benefit the management of state lands for plant and animal
species. Cooperative farming agreements pursuant to this
section shall not be considered leases for tax purposes under
section 272.01, subdivision 2, or 273.19.
Sec. 15. Minnesota Statutes 1992, section 97A.165, is
amended to read:
97A.165 [SOURCE OF PAYMENTS FOR INDIAN AGREEMENT.]
Money to make payments to the Leech Lake Band, the 1854
treaty area agreement, and White Earth Band special license
account under sections 94.16, 97A.151, subdivision 4, and
97A.155, subdivision 2, and 97A.157, subdivision 4, is annually
appropriated for that purpose in a ratio of 20 percent from the
game and fish fund and 80 percent from the general fund.
Sec. 16. Minnesota Statutes 1992, section 97A.475,
subdivision 6, is amended to read:
Subd. 6. [RESIDENT FISHING.] Fees for the following
licenses, to be issued to residents only, are:
(1) to take fish by angling, for persons under age 65,
$10.50 $13;
(2) to take fish by angling, for persons age 65 and over,
$4.50;
(3) to take fish by angling, for a combined license for a
married couple, $15 $17.50;
(4) to take fish by spearing from a dark house, $13; and
(5) to take fish by angling for a period of 24 hours from
the time of issuance, $5 $7.50.
Sec. 17. Minnesota Statutes 1992, section 97A.475,
subdivision 7, is amended to read:
Subd. 7. [NONRESIDENT FISHING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take fish by angling, $25 $27.50;
(2) to take fish by angling limited to seven consecutive
days, $16.50 $19;
(3) to take fish by angling for three consecutive days,
$13.50 $16;
(4) to take fish by angling for a combined license for a
family, $35 $37.50;
(5) to take fish by angling for a period of 24 hours from
the time of issuance, $5 $7.50; and
(6) to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days, $25 $27.50.
Sec. 18. Minnesota Statutes 1992, section 97A.475,
subdivision 8, is amended to read:
Subd. 8. [MINNESOTA SPORTING.] The commissioner shall
issue Minnesota sporting licenses to residents only. The
licensee may take fish by angling and small game. The fee for
the license is:
(1) for an individual, $15 $17.50; and
(2) for a combined license for a married couple to take
fish and for one spouse to take small game, $21.50 $24.
Sec. 19. Minnesota Statutes 1993 Supplement, section
97A.475, subdivision 12, is amended to read:
Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house
licenses for a nonresident are:
(1) annual, $25 $27.50; and
(2) seven consecutive days, $14 $16.50.
Sec. 20. Minnesota Statutes 1992, section 97A.475,
subdivision 13, is amended to read:
Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL
CONSUMPTION.] The fee for a license to net whitefish and ciscoes
in inland lakes and international waters for personal
consumption is, for each net, $5.50 $8.
Sec. 21. Minnesota Statutes 1993 Supplement, 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. 22. Minnesota Statutes 1992, section 97A.485,
subdivision 7, is amended to read:
Subd. 7. [COUNTY AUDITOR'S COMMISSION.] The county auditor
shall retain for the county treasury a commission of four
percent of all license fees collected by the auditor and the
auditor's subagents, excluding:
(1) the small game surcharge and issuing fees,;
(2) the fishing surcharge and all issuing fees,;
(3) $2.50 of the license fee for the licenses in section
97A.475, subdivisions 6, clauses (1), (3), and (5), 7, 8, 12,
and 13; and
(4) the license to take fish by angling for persons age 65
and over. In addition, the auditor shall collect the issuing
fees on licenses sold by the auditor to a licensee.
Sec. 23. Minnesota Statutes 1992, 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 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. A person issued a special
permit under this subdivision and hunting deer may take a deer
of either sex.
Sec. 24. [FISHING LICENSE REVENUES.]
For the 1996-1997 biennium, the additional $2.50 added to
the licenses in sections 16 to 22 of this act may only be used
in the division of enforcement for enforcement of laws related
to fish and in the section of fisheries. Expenditures must be
focused on individual lake management, habitat preservation and
improvement, and education. Personnel costs must be limited to
on-site work.
Sec. 25. [LAYOFFS.]
The commissioner of natural resources shall negotiate with
bargaining units of affected employees when restructuring or
reorganization of department operations is expected to result in
involuntary layoffs. Any involuntary layoff of department
employees under this provision must be negotiated with
representatives of affected state employees pursuant to
Minnesota Statutes, section 43A.045, before layoffs can occur.
This provision applies to circumstances that arise from agency
restructuring and reorganization and not from normal changes in
employment caused by contractual layoff, termination for cause,
unrequested leave of absence, or retrenchment.
Sec. 26. [APPROPRIATIONS; REDUCTIONS.]
(a) The following appropriations for fiscal year 1995 made
in Laws 1993, chapter 172, section 5, subdivision 7, are from
the general fund rather than the game and fish fund:
(1) $120,000 for ditch assessments; and
(2) $322,000 for development work performed by participants
in youth programs.
(b) The following appropriations for fiscal year 1995 made
in Laws 1993, chapter 172, section 5, subdivision 7, are reduced
by the amounts indicated:
(1) the appropriation from the waterfowl habitat
improvement account is reduced by $49,000;
(2) the appropriation from the trout stream management
account is reduced by $53,000; and
(3) the appropriation from the pheasant habitat improvement
account is reduced by $60,000.
(c) The appropriations made in Laws 1993, chapter 172,
section 5, subdivision 7, from the game and fish fund for
payments to counties in lieu of taxes on acquired wildlife lands
are reduced by $874,000 in fiscal year 1994 and $874,000 in
fiscal year 1995.
(d) $200,000 is appropriated from the wildlife acquisition
account to the commissioner of natural resources for only the
purposes specified in Minnesota Statutes, section 97A.071. This
appropriation is available until June 30, 1995.
Sec. 27. [TRANSFER.]
On June 30, 1995, the commissioner of finance shall
transfer and credit to the game and fish fund any remaining
balance in the fish management intensification account.
Sec. 28. [REPEALER.]
(a) Minnesota Statutes 1992, sections 97A.071, subdivision
4; and 103E.615, subdivision 6, are repealed.
(b) Minnesota Statutes 1992, section 97A.475, subdivision
9, is repealed.
(c) Minnesota Statutes 1992, section 97A.065, subdivision
3, is repealed.
Sec. 29. [EFFECTIVE DATES.]
Section 1 is effective the day following final enactment
and applies to licensed aquatic farms in operation on or after
that date.
Sections 4, 5, and 26, paragraph (c), are effective the day
following final enactment.
Sections 16 to 22 and 28, paragraph (b), are effective
March 1, 1995.
Section 28, paragraph (c), is effective July 1, 1995.
Presented to the governor May 2, 1994
Signed by the governor May 4, 1994, 3:29 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes