Office of the Revisor of Statutes
Minnesota Session Laws - 1995, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 1-S.F.No. 1
An act relating to natural resources; establishing
hunting heritage week; migratory waterfowl; providing
procedures for seizure and confiscation of property;
clarifying terms of short-term angling licenses;
removing certain requirements relating to fish taken
in Canada; modifying reporting requirements; modifying
hours for taking certain animals; modifying provisions
relating to trapping; providing for posting of waters
to prohibit fishing or motorboat operation; adjusting
opening and closing dates of various seasons for
taking fish; expanding the requirement to possess a
trout and salmon stamp; modifying northern pike length
limits; changing the date by which fish houses and
dark houses must be removed from the ice in certain
areas; authorizing the use of floating turtle traps;
removing time limits on sale of fish by commercial
licensees; requiring a plan for a firearms safety
program; authorizing certain stocking activities;
snowmobile licensing exemptions; fishing contest
regulation; ecologically harmful species; collector
snowmobiles; all-terrain vehicle weight; reciprocity
in game and fish violations; enforcement officer
powers; disabled hunter permits; information from
licensees; big game hunting hours; checking traps;
fish house identification; snowmobile transit permits;
amending Minnesota Statutes 1994, sections 18.317;
84.796; 84.81, by adding a subdivision; 84.82,
subdivision 6, and by adding a subdivision; 84.92,
subdivision 8; 84.968, subdivision 1; 84.9691;
84.9692, subdivisions 1, 2, and by adding a
subdivision; 86B.401, subdivision 11; 97A.015,
subdivisions 12, 28, and 52; 97A.045, by adding a
subdivision; 97A.205; 97A.221; 97A.401, subdivision 3;
97A.451, subdivision 3; 97A.475, subdivisions 6 and 7;
97A.531, by adding a subdivision; 97B.055, subdivision
3; 97B.061; 97B.075; 97B.731, subdivision 1; 97B.931;
97C.025; 97C.081, subdivision 3; 97C.305, subdivision
1; 97C.321, subdivision 2; 97C.345, subdivisions 1, 2,
and 3; 97C.355, subdivisions 2 and 7; 97C.371,
subdivision 4; 97C.395, subdivision 1; 97C.605,
subdivision 3; and 97C.821; Laws 1994, chapter 623,
article 1, section 45; proposing coding for new law in
Minnesota Statutes, chapters 10; 18; and 97A;
repealing Minnesota Statutes 1994, sections 97A.531,
subdivisions 2, 3, 4, 5, and 6; 97B.301, subdivision
5; and 97C.505, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [10.51] [HUNTING HERITAGE WEEK.]
The week beginning the third Monday in September is an
official week of observance to commemorate the state's valued
heritage of hunting game animals. During this week, all
residents of the state are urged to:
(1) reflect on hunting as an expression of our culture and
heritage;
(2) acknowledge that it is our community of sportsmen,
sportswomen, and hunters who have made the greatest
contributions to the establishment of current game animal
populations; and
(3) celebrate this culture and heritage in all lawful ways.
Sec. 2. [18.316] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this section and section 18.317.
Subd. 2. [ECOLOGICALLY HARMFUL EXOTIC
SPECIES.] "Ecologically harmful exotic species" has the meaning
given in section 84.967.
Subd. 3. [UNDESIRABLE EXOTIC SPECIES.] "Undesirable exotic
species" means ecologically harmful exotic species that have
been determined by the commissioner of natural resources to pose
a substantial threat to native species in this state.
Subd. 4. [WATERCRAFT.] "Watercraft" means any contrivance
used or designed for navigation on water and includes seaplanes.
Subd. 5. [WATER MILFOIL.] "Water milfoil" means Eurasian
water milfoil, myriophyllum spicatum.
Subd. 6. [WATERS OF THE STATE.] "Waters of the state" has
the meaning given in section 103G.005, subdivision 17.
Subd. 7. [ZEBRA MUSSELS.] "Zebra mussels" means a species
of the genus Dreissena.
Sec. 3. Minnesota Statutes 1994, section 18.317, is
amended to read:
18.317 [UNDESIRABLE EXOTIC AQUATIC PLANTS OR WILD
ANIMALS SPECIES.]
Subdivision 1. [TRANSPORTATION PROHIBITED.] Except as
provided in subdivision 2, a person may not transport Eurasian
or Northern water milfoil, myriophyllum spicatum or exalbescens,
zebra mussels, or undesirable exotic aquatic plants or wild
animals identified by the commissioner of natural
resources species on a road or highway, as defined in section
160.02, subdivision 7, or on forest roads.
Subd. 1a. [PLACEMENT PROHIBITED.] A person may not
intentionally place undesirable exotic aquatic plants or wild
animals, as defined in section 84.967, species in public waters
within the state.
Subd. 2. [EXCEPTION.] Except as otherwise prohibited by
law, a person may transport Eurasian or Northern water milfoil,
myriophyllum spicatum or exalbescens, or other undesirable
exotic aquatic plants or wild animals identified by the
commissioner of natural resources species for disposal as part
of a harvest or control activity conducted under a permit or as
specified by the commissioner.
Subd. 3. [LAUNCHING OF WATERCRAFT WITH EURASIAN OR
NORTHERN WATER MILFOIL OR OTHER HARMFUL UNDESIRABLE SPECIES
PROHIBITED.] (a) A person may not place a trailer or launch a
watercraft into waters of the state if the trailer or watercraft
has attached to it Eurasian or Northern water milfoil, zebra
mussels, or other undesirable exotic aquatic plants or wild
animals identified by the commissioner of natural
resources species. A conservation officer or other licensed
peace officer may order the removal of Eurasian or Northern
water milfoil, zebra mussels, or other undesirable
exotic aquatic plants or wild animals identified by the
commissioner of natural resources species from a trailer or
watercraft before being the trailer or watercraft is placed or
launched into waters of the state.
(b) For purposes of this section, the meaning of watercraft
includes a float plane and "waters of the state" has the meaning
given in section 103G.005, subdivision 17.
(c) A commercial harvester shall clean aquatic plant
harvesting equipment of all aquatic vegetation at a suitable
location before launching the equipment in another body of water.
Subd. 3a. [INSPECTION OF WATERCRAFT AND EQUIPMENT.]
Watercraft and associated equipment, including weed harvesters,
that are removed from any waters of the state that the
commissioner of natural resources identifies as being
contaminated with Eurasian water milfoil, zebra mussels, or
other undesirable exotic aquatic plants or wild animals
identified by the commissioner of natural resources, shall be
randomly inspected between May 1 and October 15 for a minimum of
10,000 hours by personnel authorized by the commissioner of
natural resources. Beginning in calendar year 1994, a minimum
of 20,000 hours of random inspections must be conducted per year.
Subd. 4. [ENFORCEMENT.] This section may be enforced by
conservation officers under sections 97A.205, 97A.211, and
97A.221, subdivision 1, paragraph (a), clause (1), and by other
licensed peace officers.
Subd. 5. [PENALTY.] A person who violates subdivision 1,
1a, 3, or 3a is guilty of a misdemeanor. A person who refuses
to obey the order of a peace officer or conservation officer to
remove Eurasian or Northern water milfoil, zebra mussels, or
other undesirable exotic aquatic plants or wild animals species
from a trailer or watercraft is guilty of a misdemeanor.
Sec. 4. Minnesota Statutes 1994, section 84.796, is
amended to read:
84.796 [PENALTIES.]
(a) A person who violates a provision of section 84.788,
84.789, 84.792, 84.793, or 84.795 is guilty of a misdemeanor.
(b) A person who violates a provision of a rule adopted
under section 84.79 is guilty of a petty misdemeanor.
Sec. 5. Minnesota Statutes 1994, section 84.81, is amended
by adding a subdivision to read:
Subd. 12. [COLLECTOR SNOWMOBILE.] "Collector snowmobile"
means a snowmobile that is 25 years old or older, was originally
produced as a separate identifiable make by a manufacturer, and
is owned and operated solely as a collectors item.
Sec. 6. Minnesota Statutes 1994, section 84.82,
subdivision 6, is amended to read:
Subd. 6. [EXEMPTIONS.] No Registration hereunder shall
be is not required under this section for the following
described snowmobiles:
(a) snowmobiles (1) a snowmobile owned and used by the
United States, another state, or a political subdivision
thereof.;
(b) snowmobiles (2) a snowmobile registered in a country
other than the United States temporarily used within this
state.;
(c) snowmobiles (3) a snowmobile that is covered by a valid
license of another state and which have has not been within this
state for more than 30 consecutive days.;
(d) snowmobiles (4) a snowmobile used exclusively in
organized track racing events.;
(e) snowmobiles (5) a snowmobile in transit by a
manufacturer, distributor, or dealer; or
(6) a snowmobile at least 15 years old in transit by an
individual for use only on land owned or leased by the
individual.
Sec. 7. Minnesota Statutes 1994, section 84.82, is amended
by adding a subdivision to read:
Subd. 7a. [COLLECTOR SNOWMOBILES.] The commissioner may
issue a special permit to a person or organization to operate or
transport a collector snowmobile without registration in parades
or organized group outings, such as races, rallies, and other
promotional events and for up to ten days each year for personal
transportation. The commissioner may impose a reasonable
restriction on a permittee and may revoke, amend, suspend, or
modify a permit for cause.
Sec. 8. Minnesota Statutes 1994, section 84.92,
subdivision 8, is amended to read:
Subd. 8. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or
"vehicle" means a motorized flotation-tired vehicle of not less
than three low pressure tires, but not more than six tires, that
is limited in engine displacement of less than 800 cubic
centimeters and total dry weight less than 600 800 pounds.
Sec. 9. Minnesota Statutes 1994, section 84.968,
subdivision 1, is amended to read:
Subdivision 1. [MANAGEMENT PLAN.] (a) 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, for the commissioner to
designate identify and classify list appropriate or certain
ecologically harmful exotic species into the following
categories: as
(i) undesirable wild animals that must not be sold,
propagated, possessed, or transported; and
(ii) undesirable aquatic exotic plants exotic species that
must not be sold, propagated, possessed, or transported except
under permit;
(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.
(b) The plan prepared under paragraph (a) must include
containment strategies that include:
(1) participation by lake associations, local citizen
groups, and local units of government in the development and
implementation of lake management plans;
(2) a reasonable and workable inspection requirement for
boats and equipment participating in organized events on waters
of the state;
(3) allowing access points infested with ecologically
harmful exotic species to be closed, for not more than a total
of seven days during an open water season, for control or
eradication purposes, and requiring posting of signs stating the
reason for closing the access;
(4) provisions for reasonable weed-free maintenance of
public accesses to infested waters; and
(5) notice to travelers of the penalties for violation of
laws relating to ecologically harmful exotic species.
Sec. 10. Minnesota Statutes 1994, section 84.9691, is
amended to read:
84.9691 [RULEMAKING AND PERMITS.]
Subdivision 1. [RULES.] (a) The commissioner of natural
resources may adopt emergency and permanent rules restricting
the introduction, propagation, use, possession, and spread of
ecologically harmful exotic species in the state, as outlined in
section 84.967. The emergency rulemaking authority granted in
this paragraph expires July 1, 1994.
(b) The commissioner shall adopt rules to identify bodies
of water with limited infestation of Eurasian water milfoil.
The areas that are infested, and where control is planned, shall
be marked and prohibited for use.
(c) A violation of a rule adopted under this section is a
misdemeanor.
Subd. 2. [PERMITS.] The commissioner may issue permits
regulating the propagation, possession, taking, or
transportation of undesirable exotic species for disposal,
research, education, or control purposes. The commissioner may
place conditions on the permit and may deny, modify, suspend, or
revoke a permit.
Sec. 11. Minnesota Statutes 1994, section 84.9692,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE.] After appropriate
training, conservation officers, peace officers, and other staff
designated by the commissioner may issue warnings or citations
to persons who:
(1) unlawfully transport ecologically harmful water milfoil
or undesirable exotic species on a public road;
(2) place a trailer or launch a watercraft with
ecologically harmful undesirable exotic species attached into
waters of the state;
(3) operate a watercraft in a marked Eurasian water milfoil
limited infestation area; or
(4) damage, remove, or sink a buoy marking a Eurasian water
milfoil infestation area.
Sec. 12. Minnesota Statutes 1994, section 84.9692, is
amended by adding a subdivision to read:
Subd. 1a. [DEFINITIONS.] For the purposes of this section,
"undesirable exotic species," "water milfoil," "watercraft,"
"waters of the state," and "zebra mussels" have the meanings
given them in section 18.317.
Sec. 13. Minnesota Statutes 1994, section 84.9692,
subdivision 2, is amended to read:
Subd. 2. [PENALTY AMOUNT.] A citation issued under this
section may impose up to the following penalty amounts:
(1) $50 for transporting visible Eurasian water milfoil on
a public road in each of the following locations:
(i) the exterior of the watercraft below the gunwales
including the propulsion system;
(ii) any surface of a watercraft trailer;
(iii) any surface of a watercraft interior of the gunwales;
(iv) any water container including live wells, minnow
buckets, or coolers which hold water; or
(v) any other area where visible Eurasian water milfoil is
found not previously described in items (i) to (iv);
(2) $150 $100 for transporting visible zebra mussels on a
public road;
(3) $300 for transporting, live ruffe, or live rusty
crayfish on a public road;
(4) (3) for attempting to launch place or launching into
noninfested waters placing a watercraft, trailer, or plant
harvesting equipment with visible Eurasian water milfoil or
adult zebra mussels attached into waters of the state not
identified by the commissioner as infested with zebra mussels,
$500 for a first offense and $1,000 for a second or subsequent
offense;
(5) (4) $100 for operating a watercraft in a marked
Eurasian water milfoil limited infestation area other than as
provided by law;
(6) (5) $150 $100 for intentionally damaging, moving,
removing, or sinking a milfoil buoy; or
(7) (6) $150 $200 for launching or attempting to launch
into infested waters attempting to place or placing a watercraft
, trailer, or plant harvesting equipment with visible Eurasian
water milfoil or visible zebra mussels attached into waters of
the state.
Sec. 14. Minnesota Statutes 1994, section 86B.401,
subdivision 11, is amended to read:
Subd. 11. [SUSPENSION FOR NOT REMOVING WATER MILFOIL OR
OTHER UNDESIRABLE EXOTIC SPECIES.] (a) The commissioner, after
notice and an opportunity for hearing, may suspend for a period
of not more than one year the license of a watercraft if the
owner or person in control of the watercraft or its trailer
refuses to comply with an inspection order of a conservation
officer or other licensed peace officer or an order to remove
Eurasian or Northern water milfoil, myriophyllum spicatum or
exalbescens, zebra mussels, or other undesirable exotic aquatic
plant and wild animal species identified by the commissioner
from the watercraft or its trailer as provided in section
18.317, subdivision 3.
(b) For the purposes of this subdivision, "undesirable
exotic species," "water milfoil," and "zebra mussels" have the
meanings given in section 18.317.
Sec. 15. Minnesota Statutes 1994, section 97A.015,
subdivision 12, is amended to read:
Subd. 12. [CONTRABAND.] "Contraband" means:
(1) a wild animal taken, bought, sold, transported, or
possessed in violation of the game and fish laws, and all
instrumentalities and devices used in taking wild animals in
violation of the game and fish laws that are subject to
confiscation; and
(2) wild rice and other aquatic vegetation harvested,
bought, sold, transported, or possessed in violation of chapter
84.
Sec. 16. Minnesota Statutes 1994, section 97A.015,
subdivision 28, is amended to read:
Subd. 28. [MIGRATORY WATERFOWL.] "Migratory waterfowl"
means brant, ducks, geese, tundra swans, trumpeter swans, and
whooper swans.
Sec. 17. Minnesota Statutes 1994, section 97A.015,
subdivision 52, is amended to read:
Subd. 52. [UNPROTECTED BIRDS.] "Unprotected birds" means
English sparrow, blackbird, starling, magpie, cormorant, common
pigeon, chukar partridge, quail other than bob-white quail, mute
swan, and great horned owl.
Sec. 18. Minnesota Statutes 1994, section 97A.045, is
amended by adding a subdivision to read:
Subd. 10. [RECIPROCAL AGREEMENTS ON VIOLATIONS.] The
commissioner, with the approval of the attorney general, may
enter into reciprocal agreements with game and fish authorities
in other states and the United States government to provide for:
(1) revocation of the appropriate Minnesota game and fish
licenses of Minnesota residents for violations of game and fish
laws committed in signatory jurisdictions which result in
license revocation in that jurisdiction;
(2) reporting convictions and license revocations of
residents of signatory states for violations of game and fish
laws of Minnesota to game and fish authorities in the
nonresidents state of residence; and
(3) release upon signature without posting of bail for
residents of signatory states accused of game and fish law
violations in this state, providing for recovery, in the
resident jurisdiction, of fines levied if the citation is not
answered in this state.
As used in this subdivision, "conviction" includes a plea
of guilty or a forfeiture of bail.
Sec. 19. Minnesota Statutes 1994, section 97A.205, is
amended to read:
97A.205 [ENFORCEMENT OFFICER POWERS.]
An enforcement officer is authorized to:
(1) execute and serve court issued warrants and processes
relating to wild animals, wild rice, public waters, water
pollution, conservation, and use of water, in the same manner as
a constable or sheriff;
(2) enter any land to carry out the duties and functions of
the division;
(3) make investigations of violations of the game and fish
laws;
(4) take an affidavit, if it aids an investigation;
(5) arrest, without a warrant, a person who is detected in
the actual violation of the game and fish laws, a provision of
chapters 84, 84A, 85, 86A, 88 to 97C, 103E, 103F, 103G, sections
86B.001 to 86B,815, 89.51 to 89.61; or 609.66, subdivision 1,
clauses (1), (2), (5), and (7); and 609.68; and
(6) take an arrested person before a court in the county
where the offense was committed and make a complaint.
Nothing in this section grants an enforcement officer any
greater powers than other licensed peace officers.
Sec. 20. Minnesota Statutes 1994, section 97A.221, is
amended to read:
97A.221 [SEIZURE AND CONFISCATION OF PROPERTY.]
Subdivision 1. [PROPERTY SUBJECT TO SEIZURE AND
CONFISCATION.] (a) An enforcement officer may confiscate seize:
(1) wild animals, wild rice, and other aquatic vegetation
taken, bought, sold, transported, or possessed in violation of
the game and fish laws or chapter 84; and
(2) firearms, bows and arrows, nets, boats, lines, poles,
fishing rods and tackle, lights, lanterns, snares, traps,
spears, dark houses, fish houses, and wild rice harvesting
equipment that are used with the owner's knowledge to unlawfully
take or transport wild animals, wild rice, or other aquatic
vegetation and that have a value under $1,000 are subject to
this section.
(b) An item described in paragraph (a), clause (2), that
has a value of $1,000 or more is subject to the provisions of
section 97A.225.
(b) (c) An enforcement officer must confiscate seize nets
and equipment unlawfully possessed within ten miles of Lake of
the Woods or Rainy Lake.
(c) Confiscated property may be disposed of, retained for
use by the division, or sold at the highest price obtainable as
prescribed by the commissioner.
Subd. 2. [CONFISCATION SEIZURE OF COMMINGLED SHIPMENTS.] A
whole shipment or parcel is contraband if two or more wild
animals are shipped or possessed in the same container, vehicle,
or room, or in any way commingled, and any of the animals are
contraband. Confiscation Seizure of any part of a shipment
includes the entire shipment.
Subd. 3. [PROCEDURE FOR CONFISCATION OF PROPERTY
SEIZED.] The enforcement officer must hold the seized property.
The property held may be confiscated when:
(1) the person from whom the property was seized is
convicted; or
(2) the property seized is contraband consisting of a wild
animal, wild rice, or other aquatic vegetation.
Subd. 4. [DISPOSAL OF CONFISCATED PROPERTY.] Confiscated
property may be disposed of or retained for use by the
commissioner, or sold at the highest price obtainable as
prescribed by the commissioner. Upon acquittal or dismissal of
the charged violation for which the property was seized, all
property, other than contraband consisting of a wild animal,
wild rice, or other aquatic vegetation, must be returned to the
person from whom the property was seized.
Sec. 21. Minnesota Statutes 1994, section 97A.401,
subdivision 3, is amended to read:
Subd. 3. [TAKING, POSSESSING, AND TRANSPORTING WILD
ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in
paragraph (b), special permits may be issued without a fee to
take, possess, and transport wild animals as pets and for
scientific, educational, rehabilitative, and exhibition
purposes. The commissioner shall prescribe the conditions for
taking, possessing, transporting, and disposing of the wild
animals.
(b) A special permit may not be issued to take or possess
wild or native deer for exhibition or propagation.
(c) The commissioner shall establish criteria for issuing
special permits for persons to possess wild and native deer as
pets.
Sec. 22. Minnesota Statutes 1994, section 97A.451,
subdivision 3, is amended to read:
Subd. 3. [PERSONS UNDER AGE 16; SMALL GAME.] (a) A person
under age 16 may not obtain a small game license but may take
small game by firearms or bow and arrow without a license if the
person is a resident:
(1) age 14 or 15 and possesses a firearms safety
certificate;
(2) age 13, possesses a firearms safety certificate, and is
accompanied by a parent or guardian; or
(3) age 12 or under and is accompanied by a parent or
guardian.
(b) A resident under age 16 may take small game by trapping
without a small game license, but a resident over age 13 years
of age or older must have a trapping license. A resident under
age 14 13 may trap without a trapping license.
Sec. 23. Minnesota Statutes 1994, 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, $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, $17.50;
(4) to take fish by spearing from a dark house, $13; and
(5) to take fish by angling for a 24-hour period of 24
hours from the time of issuance selected by the licensee, $7.50.
Sec. 24. Minnesota Statutes 1994, 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, $27.50;
(2) to take fish by angling limited to seven consecutive
days selected by the licensee, $19;
(3) to take fish by angling for three consecutive days a
72-hour period selected by the licensee, $16;
(4) to take fish by angling for a combined license for a
family, $37.50;
(5) to take fish by angling for a 24-hour period of 24
hours from the time of issuance selected by the licensee, $7.50;
and
(6) to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days selected by one
of the licensees, $27.50.
Sec. 25. Minnesota Statutes 1994, section 97A.531, is
amended by adding a subdivision to read:
Subd. 7. [POSSESSION OF FISH ON LAKE OF THE WOODS.] While
in Minnesota, a person permitted to take and possess fish in
Minnesota and licensed by the province of Ontario to take and
possess fish may possess the daily limit of fish allowed by the
Ontario border water conservation tag, if the fish taken in
Ontario were taken on Ontario waters of Lake of the Woods north
of Big Island.
Sec. 26. [97A.552] [FISHING REGULATIONS; EXECUTIVE ORDER.]
Subdivision 1. [ORDER AUTHORIZED.] (a) The governor may by
executive order:
(1) require that fish that are lawfully taken by angling
and possessed in Canada be brought into the state in-the-round;
(2) authorize fish lawfully taken by angling in Canada to
be transported within the state or out of the state by a
nonresident;
(3) require that a Minnesota resident transporting in
Minnesota fish that have been taken by angling in Canada possess
a Minnesota angling license; and
(4) require that 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 clause (1) and penalty for noncompliance.
(b) An executive order issued under paragraph (a) is
effective the day following the filing of a certified copy
thereof in the office of the secretary of state, and remains in
effect until rescinded by order of the governor.
Subd. 2. [PENALTY FOR NONCOMPLIANCE.] A violation of an
executive order imposing the requirement in subdivision 1,
paragraph (a), clause (1) is a misdemeanor, and in addition to
any criminal penalty imposed, fish brought into or transported
within the state contrary to that executive order must be
confiscated, and a penalty of $10 for each fish must be imposed.
Sec. 27. Minnesota Statutes 1994, 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 who has a
temporary or permanent physical disability. 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. 28. Minnesota Statutes 1994, section 97B.061, is
amended to read:
97B.061 [REPORTS AND RECORDS.]
If requested by The commissioner, a may request a person
who has taken game must to submit a report to the commissioner
on a furnished form before March 15, stating the number and or
kind of each game animal taken during the preceding license
year. There is no penalty for failure to comply with a request
from the commissioner under this section, and information
submitted to the commissioner under this section may not be used
as evidence in a prosecution under chapter 97A, 97B, or 97C.
Sec. 29. Minnesota Statutes 1994, section 97B.075, is
amended to read:
97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.]
A person may not take protected wild animals, except
raccoon and fox, with a firearm between the evening and morning
times established by commissioner's rule, or by archery from
one-half hour after sunset until one-half hour before
sunrise except big game may be taken from one-half hour before
sunrise until one-half hour after sunset.
Sec. 30. Minnesota Statutes 1994, section 97B.731,
subdivision 1, is amended to read:
Subdivision 1. [MIGRATORY GAME BIRDS.] (a) Migratory game
birds may be taken and possessed. A person may not take, buy,
sell, possess, transport, or ship migratory game birds in
violation of federal law.
(b) The commissioner shall prescribe seasons and limits for
migratory birds in accordance with federal law.
Sec. 31. Minnesota Statutes 1994, section 97B.931, is
amended to read:
97B.931 [TENDING TRAPS RESTRICTED.]
Subdivision 1. [RESTRICTIONS.] A person may not tend a
trap set for wild animals between 10:00 p.m. and 5:00 a.m.
Between 5:00 a.m. and 10:00 p.m. a person on foot may use a
portable artificial light to tend traps. While using a light in
the field, the person may not possess or use a firearm other
than a handgun of .22 caliber.
Subd. 2. [BODY-GRIPPING TRAPS.] A body-gripping,
conibear-type trap need not be tended more frequently than once
every third calendar day.
Sec. 32. Minnesota Statutes 1994, section 97C.025, is
amended to read:
97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN
AREAS.]
(a) Except as provided in paragraph (b), a person may not
take fish from or drive motorboats over posted The commissioner
may prohibit fishing or the operation of motorboats by posting
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) Except as provided in paragraph (c), a person may not
take fish or operate a motorboat if prohibited by posting under
paragraph (a).
(c) 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. 33. Minnesota Statutes 1994, 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 or total prizes valued at more
than $2,000.
If entry fees are over $25 per person, or total prizes are
valued at more than $25,000, and if the applicant has either:
(1) not previously conducted a fishing contest requiring a
permit under this subdivision; or
(2) ever failed to make required prize awards in a fishing
contest conducted by the applicant, the commissioner may require
the applicant to furnish the commissioner evidence of financial
responsibility in the form of a surety bond or bank letter of
credit in the amount of $25,000. 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. 34. Minnesota Statutes 1994, section 97C.305,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] Except as provided in
subdivision 2, a person over age 16 and under age 65 required to
possess an angling license must have a trout and salmon stamp in
possession to:
(1) take fish by angling in:
(1) (i) a stream designated by the commissioner as a trout
stream;
(2) (ii) a lake designated by the commissioner as a trout
lake; or
(3) (iii) Lake Superior; or
(2) possess trout or salmon taken in the state by angling.
Sec. 35. Minnesota Statutes 1994, section 97C.321,
subdivision 2, is amended to read:
Subd. 2. [ICE FISHING.] A person may use an unattended
line to take fish through the ice if:
(1) the person is within sight of the line; or
(2) a tip-up is attached to the line and the person is
within 80 200 feet of the tip-up.
Sec. 36. Minnesota Statutes 1994, section 97C.345,
subdivision 1, is amended to read:
Subdivision 1. [PERIOD WHEN USE PROHIBITED.] Except as
specifically authorized, a person may not take fish from the
third Monday in February 16 to April 30 with a spear, fish trap,
net, dip net, seine, or other device capable of taking fish.
Sec. 37. Minnesota Statutes 1994, section 97C.345,
subdivision 2, is amended to read:
Subd. 2. [POSSESSION.] (a) Except as specifically
authorized, a person may not possess a spear, fish trap, net,
dip net, seine, or other device capable of taking fish on or
near any waters. Possession includes personal possession and in
a vehicle.
(b) A person may possess spears, dip nets, bows and arrows,
and spear guns allowed under section 97C.381 on or near waters
between sunrise and sunset between from May 1 and to the third
Sunday in February 15.
Sec. 38. Minnesota Statutes 1994, section 97C.345,
subdivision 3, is amended to read:
Subd. 3. [DIP NETS.] A person may possess and use a dip
net between one hour before sunrise and one hour after
sunset between from May 1 and to the third Sunday in February
15.
Sec. 39. Minnesota Statutes 1994, section 97C.355,
subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIRED.] A person may not take fish
from a dark house or fish house unless the house is licensed and
has a metal durable license tag attached to the exterior as
prescribed by the commissioner, except as provided in this
subdivision. The commissioner must issue a metal durable tag
that is at least two inches in diameter with a 3/16 inch hole in
the center with a dark house or fish house license. The metal
durable tag must be stamped marked with a number to correspond
with the license and the year of issue. A dark house or fish
house license is not required of a resident on boundary waters
where the adjacent state does not charge a fee for the same
activity.
Sec. 40. Minnesota Statutes 1994, section 97C.355,
subdivision 7, is amended to read:
Subd. 7. [DATES AND TIMES HOUSES MAY REMAIN ON ICE.] (a)
A fish house or dark house may not be on the ice between 12:00
a.m. and one hour before sunrise after the following dates:
(1) February 28, for state waters south of a line starting
at the Minnesota-North Dakota border and formed by rights-of-way
of U.S. Route No. 10, then east along U.S. Route No. 10 to Trunk
Highway No. 34, then east along Trunk Highway No. 34 to Trunk
Highway No. 200, then east along Trunk Highway No. 200 to U.S.
Route No. 2, then east along U.S. Route No. 2 to the
Minnesota-Wisconsin border; and
(2) March 15, for other state waters.
A fish house or dark house on the ice in violation of this
subdivision is subject to the enforcement provisions of
paragraph (b). The commissioner may, by rule, change the dates
in this paragraph for any part of state waters. Copies of the
rule must be conspicuously posted on the shores of the waters as
prescribed by the commissioner.
(b) A conservation officer must confiscate a fish house or
dark house in violation of paragraph (a). The officer may
remove, burn, or destroy the house. The officer shall seize the
contents of the house and hold them for 60 days. If the seized
articles have not been claimed by the owner, they may be
retained for the use of the division or sold at the highest
price obtainable in a manner prescribed by the commissioner.
Sec. 41. Minnesota Statutes 1994, section 97C.371,
subdivision 4, is amended to read:
Subd. 4. [OPEN SEASON.] The open season for spearing
through the ice is December 1 to the third Sunday in February 15.
Sec. 42. Minnesota Statutes 1994, section 97C.395,
subdivision 1, is amended to read:
Subdivision 1. [DATES FOR CERTAIN SPECIES.] (a) The open
seasons to take fish by angling are as follows:
(1) for walleye, sauger, northern pike, muskellunge,
largemouth bass, and smallmouth bass, the Saturday two weeks
prior to the Saturday of Memorial Day weekend to the
third Monday Sunday in February;
(2) for lake trout, from January 1 to October 31;
(3) for brown trout, brook trout, rainbow trout, and
splake, between January 1 to October 31 as prescribed by the
commissioner by rule except as provided in section 97C.415,
subdivision 2; and
(4) for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the
state where fish are spawning and closing the season will
protect the resource.
Sec. 43. Minnesota Statutes, 1994, section 97C.605,
subdivision 3, is amended to read:
Subd. 3. [TAKING; METHODS PROHIBITED.] (a) Except as
allowed in paragraph (b), a person may take turtles in any
manner, except by use of:
(1) explosives, drugs, poisons, lime, and other harmful
substances;
(2) turtle hooks or traps; or
(3) nets other than anglers' fish landing nets.
(b) A person with a turtle seller's license may take
turtles for sale as prescribed by the commissioner with a
floating turtle trap that:
(1) has one or more openings above the water surface that
measure at least ten inches by four inches; and
(2) has a mesh size of not less than one-half inch, bar
measure.
The commissioner may prescribe additional regulations for taking
turtles for sale.
Sec. 44. Minnesota Statutes 1994, section 97C.821, is
amended to read:
97C.821 [POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL
FISH.]
Subject to the applicable provisions of the game and fish
laws, fish taken under commercial fishing licenses may be
possessed in any quantity, bought, sold, and transported during
the open seasons provided for the fish, and for seven days after
the season closes. Fish frozen or cured during the open season
may be transported, bought, and sold at any time. Commercial
fishing licensees may transport their catch live to holding
facilities, if the licensee has exclusive control of the
facilities. Commercial fishing licensees may harvest fish from
their holding facilities at any time with their licensed gear.
The commissioner may prohibit the transport of live fish taken
under a commercial fishing license from waters that contain
exotic species.
Sec. 45. Laws 1994, chapter 623, article 1, section 45, is
amended to read:
Sec. 45. [ENFORCEMENT OF LAWS RELATED TO BUYING AND
SELLING FISH; REPORT.]
By January 15, 1995 1996, the commissioner of natural
resources shall report to the environment and natural resources
committees of the legislature with recommendations for
legislation to improve enforcement of Minnesota Statutes,
section 97C.391, including record keeping requirements, enhanced
remedies, and inspection authorities.
Sec. 46. [FIREARMS SAFETY PROGRAM; PLAN.]
The commissioner of natural resources shall develop a plan
for the establishment of a firearms safety program directed at
children that is value-neutral concerning firearms ownership,
but that promotes awareness and understanding of the safe use
and storage of firearms. The commissioner shall submit the plan
and any necessary enabling legislation to the legislature by
February 1, 1996.
Sec. 47. [STOCKING OF LONG LAKE IN MORRISON COUNTY.]
The Long Lake Homeowners Association may annually stock up
to 5,000 walleye fingerlings in Long Lake in Richardson township
in Morrison county.
Sec. 48. [REPEALER.]
Minnesota Statutes 1994, section 97A.531, subdivisions 2,
3, 4, 5, and 6, are repealed. Any action of the commissioner of
natural resources authorized by a repealed subdivision is void.
Minnesota Statutes 1994, sections 97B.301, subdivision 5;
and 97C.505, subdivision 4, are repealed.
Sec. 49. [EFFECTIVE DATE.]
Sections 1 to 25 and 27 to 48 are effective the day
following final enactment. Section 25 is repealed December 31,
1995. Section 26 is effective May 1, 1996.
Presented to the governor May 26, 1995
Signed by the governor June 1, 1995, 11:20 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes