Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 226-S.F.No. 254
An act relating to natural resources; modifying fish
habitat, harvest, and propagation provisions;
authorizing the commissioner to establish special
hunts for youth; permitting youth residents to hunt
deer without a license tag; authorizing the
commissioner to sell merchandise; modifying watercraft
provisions; modifying trapping provisions; modifying
stamp provisions; modifying the procedure for vacating
or modifying a state game refuge; defining terms;
modifying hunting provisions; modifying license
provisions; modifying recreational motor vehicle
provisions; modifying special license plate
provisions; modifying provisions relating to personal
flotation devices; establishing firearms safety pilot
program; requiring reports; providing civil penalties;
appropriating money; amending Minnesota Statutes 1996,
sections 17.4982, by adding subdivisions; 17.4983, by
adding a subdivision; 17.4998; 84.0855; 84.82,
subdivision 2; 84.87, subdivision 2; 84.872, by adding
a subdivision; 84.873; 86B.201, by adding a
subdivision; 97A.015, subdivisions 49, 53, and by
adding a subdivision; 97A.045, subdivision 7; 97A.075,
subdivision 3; 97A.085, subdivision 8; 97A.101, by
adding a subdivision; 97A.411, subdivisions 1 and 3;
97A.421, subdivision 1; 97A.465, subdivision 4;
97A.475, subdivisions 2 and 3; 97A.485, subdivisions
6, 9, and by adding a subdivision; 97B.055,
subdivision 2; 97B.075; 97B.211, subdivision 1;
97B.301, subdivision 6; 97B.655, subdivision 1;
97C.035, subdivision 1; 97C.211, subdivision 1, and by
adding a subdivision; 97C.321, subdivision 1; 97C.505,
by adding a subdivision; 97C.801, subdivision 2;
168.1291; 168.1296, subdivision 1; and 609.487, by
adding a subdivision; Laws 1993, chapter 273, as
amended; Laws 1996, chapter 410, section 56; proposing
coding for new law in Minnesota Statutes, chapter 97B;
repealing Minnesota Statutes 1996, sections 97A.111;
and 97C.801, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 17.4982, is
amended by adding a subdivision to read:
Subd. 18a. [NONINDIGENOUS SPECIES.] "Nonindigenous species"
means a species of fish or other aquatic life that is:
(1) not known to have been historically present in the
state;
(2) not known to be naturally occurring in a particular
part of the state; or
(3) designated by rule as a prohibited or restricted exotic
species.
Sec. 2. Minnesota Statutes 1996, section 17.4982, is
amended by adding a subdivision to read:
Subd. 18b. [NONINDIGENOUS STRAIN.] "Nonindigenous strain"
means a species of fish or other aquatic life that:
(1) has an original source outside of this state and
contiguous states;
(2) is an unnaturally occurring hybrid or genetically
engineered species; or
(3) in areas north of marked state highway 210, is a
walleye, the original source of which is from south of marked
state highway 210 or from outside the state.
Sec. 3. Minnesota Statutes 1996, section 17.4982, is
amended by adding a subdivision to read:
Subd. 18c. [PROCESSING.] "Processing" means rendering a
species of aquatic life for food, bait, or other purposes so
that it is no longer alive.
Sec. 4. Minnesota Statutes 1996, section 17.4983, is
amended by adding a subdivision to read:
Subd. 8. [INTERFERENCE PROHIBITED.] A person may not
knowingly damage, disturb, or interfere with legal aquatic farm
operations.
Sec. 5. Minnesota Statutes 1996, section 17.4998, is
amended to read:
17.4998 [VIOLATIONS; PENALTY.]
Subdivision 1. [MISDEMEANOR.] Unless a different penalty
is prescribed, a violation of a provision of sections 17.4981 to
17.4997 or a rule of the commissioner governing the operation of
an aquatic farm, private fish hatchery, or quarantine facility
is a misdemeanor.
Subd. 2. [PETTY MISDEMEANOR.] A first and second
violation, within a three-year period, of sections 17.4981 to
17.4997 or a rule of the commissioner governing the operation of
an aquatic farm, private fish hatchery, or quarantine facility
is a petty misdemeanor if it does not involve intentionally
falsifying records and does not put public waters or other fish
hatchery facilities at risk from harmful nonindigenous species,
nonindigenous strains, or emergency fish diseases.
Subd. 3. [LICENSE VOID.] The license of a person convicted
of a violation of sections 17.4981 to 17.4997 or a rule of the
commissioner governing the operation of an aquatic farm, private
fish hatchery, or quarantine facility is void for a period of
one year after the conviction if the person is convicted of two
or more misdemeanors within a three-year period. If the
commissioner determines that the public welfare will not be
injured, the commissioner may reinstate a license voided under
this subdivision.
Sec. 6. Minnesota Statutes 1996, section 84.0855, is
amended to read:
84.0855 [SPECIAL SALES; RECEIPTS; APPROPRIATION.]
Subdivision 1. [SALES AUTHORIZED; GIFT CERTIFICATES.] The
commissioner may sell natural resources-related publications and
maps; federal migratory waterfowl, junior duck, and other
federal stamps; and other nature-related merchandise, and may
rent or sell items for the convenience of persons using
department of natural resources facilities or services. The
commissioner may sell gift certificates for any items rented or
sold. Notwithstanding section 16A.1285, a fee charged by the
commissioner under this section may include a reasonable amount
in excess of the actual cost to support department of natural
resources programs. The commissioner may advertise the
availability of a program or item offered under this section.
Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the
commissioner of natural resources as fees for seminars or
workshops, from the sale of publications and maps, from the sale
of other natural resource related merchandise, under this
section or to buy supplies for the use of volunteers, may be
credited to one or more special accounts in the state treasury
and is appropriated to the commissioner for the purposes for
which the money was received. Money received from sales at the
state fair shall be available for state fair related costs.
Sec. 7. Minnesota Statutes 1996, section 84.82,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.]
(a) Application for registration or reregistration shall be made
to the commissioner of natural resources, or the commissioner of
public safety or an authorized deputy registrar of motor
vehicles in such form as the commissioner of public safety shall
prescribe, and shall state the legal name and address of every
owner of the snowmobile and be signed by at least one owner.
(b) A person who purchases a snowmobile from a retail
dealer shall make application for registration to the dealer at
the point of sale. The dealer shall issue a temporary
registration permit to each purchaser who applies to the dealer
for registration. The temporary registration is valid for 60
days from the date of issue. Each retail dealer shall submit
completed registration and fees to the deputy registrar at least
once a week. Upon receipt of the application and the
appropriate fee as hereinafter provided, such snowmobile shall
be registered and a registration number assigned which shall be
affixed to the snowmobile in such a clearly visible and
permanent manner for enforcement purposes as the commissioner of
natural resources shall prescribe.
(c) Each deputy registrar of motor vehicles acting pursuant
to section 168.33, shall also be a deputy registrar of
snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting
and procedural requirements.
(d) A fee of $2 in addition to that otherwise prescribed by
law shall be charged for:
(1) each snowmobile registered by the registrar or a deputy
registrar and the additional fee shall be disposed of in the
manner provided in section 168.33, subdivision 2; or
(2) each snowmobile registered by the commissioner and the
additional fee shall be deposited in the state treasury and
credited to the snowmobile trails and enforcement account in the
natural resources fund.
Sec. 8. Minnesota Statutes 1996, section 84.87,
subdivision 2, is amended to read:
Subd. 2. [OPERATION GENERALLY.] It shall be unlawful for
any person to drive or operate any snowmobile in the following
unsafe or harassing ways:
(a) (1) at a rate of speed greater than reasonable or
proper under all the surrounding circumstances;
(b) (2) in a careless, reckless or negligent manner so as
to endanger the person or property of another or to cause injury
or damage thereto;
(c) (3) without a lighted head and taillight when required
for safety; or
(d) (4) in any tree nursery or planting in a manner which
damages or destroys growing stock.
Sec. 9. Minnesota Statutes 1996, section 84.872, is
amended by adding a subdivision to read:
Subd. 1a. [HELMET REQUIRED.] (a) No person under the age
of 18 shall operate or ride a snowmobile in this state without
wearing protective headgear that complies with standards
established by the commissioner of public safety.
(b) The provisions of this subdivision shall not apply to
persons during their participation in a parade that has been
granted a permit or other official authorization by a local unit
of government or to a person operating a snowmobile on land that
is owned by the person or the person's parents, grandparents,
siblings, uncles, or aunts.
Sec. 10. Minnesota Statutes 1996, section 84.873, is
amended to read:
84.873 [SIGNAL FROM OFFICER TO STOP.]
It is unlawful for a snowmobile operator, after having
received a visual or audible signal from any law enforcement
officer to come to a stop, to (a) (1) operate a snowmobile in
willful or wanton disregard of such signal, or (b) (2) interfere
with or endanger the law enforcement officer or any other person
or vehicle, or (c) increase speed or attempt to flee or elude
the officer.
Sec. 11. Minnesota Statutes 1996, section 86B.201, is
amended by adding a subdivision to read:
Subd. 3. [NONMOTORIZED CARRY-ON ACCESS.] A person may
access any public waters through public land with a hand-carried
nonmotorized watercraft.
Sec. 12. Minnesota Statutes 1996, section 97A.015, is
amended by adding a subdivision to read:
Subd. 37a. [PROCESSING.] "Processing" means rendering a
species of aquatic life for food, bait, or other purposes so
that it is no longer alive.
Sec. 13. Minnesota Statutes 1996, section 97A.015,
subdivision 49, is amended to read:
Subd. 49. [UNDRESSED BIRD.] "Undressed bird" means:
(1) a bird, excluding migratory waterfowl, pheasant,
Hungarian partridge, or grouse, with feet and feathered head
intact;
(2) a migratory waterfowl, excluding geese, with a fully
feathered wing and head attached; or
(3) a pheasant, Hungarian partridge, or grouse with one leg
and foot or the fully feathered head or wing intact; or
(4) a goose with a fully feathered wing attached.
Sec. 14. Minnesota Statutes 1996, section 97A.015,
subdivision 53, is amended to read:
Subd. 53. [UNPROTECTED WILD ANIMALS.] "Unprotected wild
animals" means wild animals that are not protected wild animals
including weasel, coyote (brush wolf), gopher,
porcupine, striped skunk, civet cat, and unprotected birds.
Sec. 15. Minnesota Statutes 1996, section 97A.045,
subdivision 7, is amended to read:
Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.]
(a) The commissioner shall encourage the purchase of:
(1) Minnesota migratory waterfowl stamps by nonhunters
interested in the migratory waterfowl preservation and habitat
development;
(2) pheasant stamps by persons interested in pheasant
habitat improvement; and
(3) trout and salmon stamps by persons interested in trout
and salmon stream and lake improvement; and
(4) turkey stamps by persons interested in wild turkey
management and habitat improvement.
(b) The commissioner shall make rules governing contests
for selecting a design for each stamp.
Sec. 16. Minnesota Statutes 1996, section 97A.075,
subdivision 3, is amended to read:
Subd. 3. [TROUT AND SALMON STAMP.] (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 and stocking
of trout and salmon in trout streams and lakes and Lake
Superior;
(3) acquisition of easements and fee title along trout
waters;
(4) identifying easement and fee title areas along trout
waters; and
(5) research and special management projects on Lake
Superior and the anadromous portions of its tributaries.
(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. 17. Minnesota Statutes 1996, section 97A.085,
subdivision 8, is amended to read:
Subd. 8. [MODIFICATION OR ABANDONMENT.] A state game
refuge may be vacated or modified by the commissioner under the
same procedures required for establishment of the refuge, except
that a refuge established or modified under subdivision 2 or 3
may be vacated or modified following a public hearing as
specified in subdivision 4a.
Sec. 18. Minnesota Statutes 1996, section 97A.101, is
amended by adding a subdivision to read:
Subd. 4. [RESTRICTIONS ON AIRBOATS, WATERCRAFT, AND
RECREATIONAL VEHICLES.] (a) The use of airboats is prohibited at
all times on lakes designated for wildlife management purposes
under this section unless otherwise authorized by the
commissioner.
(b) The commissioner may restrict the use of motorized
watercraft and recreational vehicles on lakes designated for
wildlife management purposes by posting all public access points
on the designated lake.
Sec. 19. Minnesota Statutes 1996, section 97A.411,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE PERIOD.] (a) Except as provided in
paragraph (b), a license is valid during the lawful time within
the license year that the licensed activity may be performed. A
license year begins on the first day of March and ends on the
last day of February.
(b) A license issued under section 97A.475, subdivision 6,
clause (5), or section 97A.475, subdivision 7, clause (2), (3),
(5), or (6), or 97A.475, subdivision 12, clause (2), is valid
for the full license period even if this period extends into the
next license year, provided that the license period selected by
the licensee begins at the time of issuance.
Sec. 20. Minnesota Statutes 1996, section 97A.411,
subdivision 3, is amended to read:
Subd. 3. [ARCHERY DEER LICENSE.] (a) Except as provided in
paragraph paragraphs (b) and c, a license to take deer by
archery, firearms, or muzzleloader issued after the opening of
the related archery, firearms, or muzzleloader deer season,
respectively, is not valid until the fifth second day after it
is issued.
(b) The commissioner may issue a license to take a second
additional deer by archery under section 97B.301, subdivision 4,
that is valid immediately upon issuance.
(c) Paragraph (a) does not apply to deer licenses for
discharged military personnel under section 97A.465, subdivision
4.
Sec. 21. Minnesota Statutes 1996, section 97A.421,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) The license of a person
convicted of a violation of the game and fish laws relating to
the license or wild animals covered by the license is void when:
(1) a second conviction occurs within three years under a
license to take small game or to take fish by angling or
spearing;
(2) a third conviction occurs within one year under a
minnow dealer's license;
(3) a second conviction occurs within three years for
violations of section 97A.425 that do not involve falsifications
or intentional omissions of information required to be recorded,
or attempts to conceal unlawful acts within the records; or
(4) two or more misdemeanor convictions occur within a
three-year period under a private fish hatchery license; or
(5) the conviction occurs under a license not described in
clause (1) or, (2), or (4) or is for a violation of section
97A.425 not described in clause (3).
(b) Except for big game licenses and as otherwise provided
in this section, for one year after the conviction the person
may not obtain the kind of license relating to the game and fish
law violation.
Sec. 22. Minnesota Statutes 1996, section 97A.465,
subdivision 4, is amended to read:
Subd. 4. [DISCHARGED RESIDENT; OBTAINING DEER LICENSE
DURING SEASON.] Notwithstanding section 97A.485, subdivision 9,
A resident who is discharged from the United States armed forces
during, or within ten days before, the firearms deer season may,
upon showing the official discharge paper, obtain a firearm deer
license during the season that is valid immediately upon
issuance.
Sec. 23. Minnesota Statutes 1996, section 97A.475,
subdivision 2, is amended to read:
Subd. 2. [RESIDENT HUNTING.] Fees for the following
licenses, to be issued to residents only, are:
(1) for persons under age 65 to take small game, $10;
(2) for persons age 65 or over, $5;
(3) to take turkey, $16;
(4) to take deer with firearms, $22;
(5) to take deer by archery, $22;
(6) to take moose, for a party of not more than six
persons, $275;
(7) to take bear, $33;
(8) to take elk, for a party of not more than two persons,
$220; and
(9) to take antlered deer in more than one zone, $44; and
(10) to take Canada geese during a special season, $3.
Sec. 24. Minnesota Statutes 1996, section 97A.475,
subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take small game, $56;
(2) to take deer with firearms, $110;
(3) to take deer by archery, $110;
(4) to take bear, $165;
(5) to take turkey, $56;
(6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50;
and
(7) to take antlered deer in more than one zone, $220; and
(8) to take Canada geese during a special season, $3.
Sec. 25. Minnesota Statutes 1996, 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, and for
a special season Canada goose license, 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) For duplicate licenses, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
Sec. 26. Minnesota Statutes 1996, section 97A.485,
subdivision 9, is amended to read:
Subd. 9. [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON
OPENS.] (a) The following licenses may not be issued after the
day before the opening of the related firearms season:
(1) to take deer with firearms, except a license to take
more than one deer under section 97B.301, subdivision 4;
(2) to guide bear hunters; and
(3) (2) to guide turkey hunters.
(b) Paragraph (a) does not apply to deer licenses for
discharged military personnel under section 97A.465, subdivision
4.
(c) A nonresident license or tag to take and possess
raccoon, bobcat, Canada lynx, or fox may not be issued after the
fifth day of the open season.
Sec. 27. Minnesota Statutes 1996, section 97A.485, is
amended by adding a subdivision to read:
Subd. 12. [YOUTH DEER LICENSE.] The commissioner may, for
a fee of $5, issue to a resident under the age of 16 a license,
without a tag, to take deer with firearms. A youth holding a
license issued under this subdivision may hunt under the license
only if accompanied by a licensed hunter who is at least 18
years of age and possesses a valid tag. A deer taken by a youth
holding a license issued under this subdivision must be promptly
tagged by the licensed hunter accompanying the youth. Section
97B.301, subdivision 6, does not apply to a youth holding a
license issued under this subdivision.
Sec. 28. Minnesota Statutes 1996, section 97B.055,
subdivision 2, is amended to read:
Subd. 2. [RESTRICTIONS RELATED TO MOTOR VEHICLE.] A person
may not take a wild animal with a firearm or by archery from a
motor vehicle except as permitted in this section. An archer in
a permitted bow fishing tournament may transport the bow uncased
while in an electric motor-powered boat.
Sec. 29. Minnesota Statutes 1996, 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, except big game may be
taken from one-half hour before sunrise until one-half hour
after sunset, and, except as otherwise prescribed by the
commissioner during the first eight days of the season, until
January 1, 2001, waterfowl may be taken from one-half hour
before sunrise until sunset during the entire season prescribed
by the commissioner.
Sec. 30. [97B.112] [SPECIAL HUNTS FOR YOUTH.]
The commissioner may by rule establish criteria, special
seasons, and limits for youth hunters to take big game and small
game by firearms or archery in designated areas or times. The
criteria may also include provisions for an unlicensed adult to
assist a youth hunter during a special season or special hunt
established under this section.
Sec. 31. Minnesota Statutes 1996, section 97B.211,
subdivision 1, is amended to read:
Subdivision 1. [POSSESSION OF FIREARMS PROHIBITED.] (a)
Except as provided in paragraph (b) when hunting bear, a person
may not take big game by archery while in possession of a
firearm.
(b) A person may take bear by archery while in possession
of a handgun specified in section 97B.031, subdivision 1.
Sec. 32. Minnesota Statutes 1996, section 97B.301,
subdivision 6, is amended to read:
Subd. 6. [RESIDENTS UNDER AGE 16 MAY TAKE DEER OF EITHER
SEX.] A resident under the age of 16 may take a deer of either
sex except in those antlerless permit areas and seasons where no
antlerless permits are offered. In antlerless permit areas
where no antlerless permits are offered, the commissioner may
provide a limited number of youth either sex permits to
residents under age 16, under the procedures provided in section
97B.305, and may give preference to residents under the age of
16 that have not previously been selected. This subdivision
does not authorize the taking of an antlerless deer by another
member of a party under subdivision 3.
Sec. 33. Minnesota Statutes 1996, section 97B.655,
subdivision 1, is amended to read:
Subdivision 1. [OWNERS AND OCCUPANTS MAY TAKE CERTAIN
ANIMALS.] A person may take mink, squirrel, rabbit, hare,
raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver on land
owned or occupied by the person where the animal is causing
damage. The person may take the animal without a license and in
any manner except by poison, or artificial lights in the closed
season. Raccoons may be taken under this subdivision with
artificial lights during open season. A person that kills mink,
raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver under
this subdivision must bring the entire animal to notify a
conservation officer or employee of the division within 24 hours
after the animal is killed.
Sec. 34. [97B.802] [SPECIAL CANADA GOOSE SEASON LICENSE
REQUIRED.]
Except as provided in this section, a person required to
possess a small game license may not take Canada geese during a
special season without a valid special season Canada goose
license in possession. Residents under age 18 or over age 65
and persons hunting on their own property are not required to
possess the license.
Sec. 35. [97B.926] [PINE MARTEN AND FISHER ZONE.]
Where a combined pine marten and fisher trapping zone
exists, the commissioner must provide an option of a combined
limit of fisher and marten.
Sec. 36. Minnesota Statutes 1996, section 97C.035,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONS.] If the commissioner
determines that fish in shallow waters are endangered by lack of
oxygen in the winter in danger of dying, or if waters will be
restored with the use of piscicides, the commissioner shall may
rescue the fish under subdivision 2 or allow taking of the fish
under subdivision 3.
Sec. 37. Minnesota Statutes 1996, section 97C.211,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED.] A person may not
operate a private fish hatchery without a private fish hatchery
license. A private fish hatchery is a facility for raising
fish, including minnows, for sale, stocking waters, angling, or
processing. A private fish hatchery license is valid for five
years but must be renewed annually.
Sec. 38. Minnesota Statutes 1996, section 97C.211, is
amended by adding a subdivision to read:
Subd. 6. [NONPUBLIC RECORDS.] Information on production,
harvest, and sales of aquatic life by a private fish hatchery is
nonpublic information.
Sec. 39. Minnesota Statutes 1996, section 97C.321,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL PROHIBITION.] A person may not
take fish by angling with a set line or an unattended line
except as provided in this section and section 97C.801 rules
adopted under the game and fish laws.
Sec. 40. Minnesota Statutes 1996, section 97C.505, is
amended by adding a subdivision to read:
Subd. 7. [INTERFERENCE PROHIBITED.] A person may not
knowingly damage, disturb, or interfere with legal commercial
minnow harvest operations.
Sec. 41. Minnesota Statutes 1996, section 97C.801,
subdivision 2, is amended to read:
Subd. 2. [COMMERCIAL FISH NETTING AND SET LINES ON
MISSISSIPPI RIVER.] (a) A license is required to commercially
take rough fish with seines and set lines in the Mississippi
river from the St. Croix river junction to St. Anthony Falls.
(b) A person may take rough fish in the Mississippi river,
from the St. Croix river junction to St. Anthony Falls, only
with the following equipment and methods:
(1) operations shall be conducted only in the flowing
waters of the river and in tributary backwaters prescribed by
the commissioner;
(2) only one set line may be used that has an
identification tag and not more than 100 hooks;
(3) seines may be used only as prescribed by this section
and rules adopted by the commissioner;
(4) (3) seines must be hauled to a landing immediately
after being placed;
(5) (4) two seines may not be joined together in the water;
and
(6) (5) a net seine may not be raised, laid out, or
landed, between sunset and sunrise; and
(7) the location of a net or seine may not be changed from
the place specified in the license application without notifying
the commissioner of the proposed change.
Sec. 42. Minnesota Statutes 1996, section 168.1291, is
amended to read:
168.1291 [SPECIAL LICENSE PLATES; DESIGN.]
Subdivision 1. [DEFINITION.] For purposes of this section
"special license plates" means license plates issued under
sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and
168.1292; and 168.1296.
Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The
commissioner shall design a single special license plate that
will contain a unique number and a space for a unique symbol.
The commissioner shall design a unique symbol related to the
purpose of each special license plate. Any provision of
sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and
168.1292; and 168.1296 that requires the placement of a
specified letter or letters on a special license plate applies
to those license plates only to the extent that the commissioner
includes the letter or letters in the design. Where a law
authorizing a special license plate contains a specific
requirement for graphic design of that license plate, that
requirement applies to the appropriate unique symbol the
commissioner designs.
Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE
SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e;
168.123; 168.129; or 168.1292; or 168.1296, beginning with
special license plates issued in calendar year 1996 the
commissioner shall issue each class of special license plates
permanently marked with specific designs under those laws only
until the commissioner's supply of those license plates is
exhausted. Thereafter the commissioner shall issue under those
laws only the license plate authorized under subdivision 2, with
the appropriate unique symbol attached.
Subd. 4. [FEES.] Notwithstanding section 168.12,
subdivisions 2b to 2e; 168.123; 168.129; or 168.1292; or
168.1296, the commissioner shall charge a fee of $10 for each
set of license plates issued under this section.
Subd. 5. [APPLICATION.] This section does not apply to a
special motorcycle license plate designed by the registrar under
section 168.123, subdivision 1, clause (2).
Sec. 43. Minnesota Statutes 1996, section 168.1296,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a)
The registrar shall issue special critical habitat license
plates to an applicant who:
(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van;
(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(3) pays the registration tax required under section
168.013;
(4) pays the fees required under this chapter;
(5) contributes at least a minimum of $30 annually to the
Minnesota critical habitat private sector matching account
established in section 84.943; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
(b) The critical habitat license application form must
clearly indicate that the annual contribution specified under
paragraph (a), clause (5), is a minimum contribution to receive
the license plate and that the applicant may make an additional
contribution to the account.
Sec. 44. Minnesota Statutes 1996, section 609.487, is
amended by adding a subdivision to read:
Subd. 2a. [MOTOR VEHICLE; DEFINITION.] For the purposes of
this section, "motor vehicle" has the meaning given it in
section 169.01, subdivision 3, and includes a snowmobile, as
defined in section 84.81.
Sec. 45. Laws 1993, chapter 273, section 1, as amended by
Laws 1994, chapter 623, article 1, section 41, and Laws 1995,
chapter 186, section 110, is amended to read:
Section 1. [AUTHORIZATION TO TAKE TWO DEER IN CERTAIN
COUNTIES.]
Notwithstanding Minnesota Statutes, section 97B.301,
subdivision 2, during the 1994, 1995, and 1996 1997 and 1998
hunting seasons in Kittson, Lake of the Woods, Marshall,
Pennington, and Roseau counties a person may obtain one firearms
deer license and one archery deer license in the same license
year and may take one deer under each license.
Sec. 46. Laws 1996, chapter 410, section 56, is amended to
read:
Sec. 56. [PERSONAL FLOTATION DEVICE RULES; VIOLATIONS.]
A violation prior to May 1, 1997 1999, of requirements
added in the proposed rule published in the State Register,
Volume 19, Number 45, pages 2207 to 2210, May 8, 1995, and
subsequently adopted on October 2, 1995, shall not result in a
penalty, but is punishable only by a safety warning.
Sec. 47. [STUDY.]
The commissioner of natural resources must survey and
identify, with the cooperation of local grant-in-aid trail
groups, possible one-way circular trail systems for snowmobile
use. A recommendation must be made to the 1998 legislature.
Sec. 48. [GAME AND FISH FUND REPORT; 1997.]
(a) In the 1997 report required under Minnesota Statutes,
section 97A.055, subdivision 4, paragraph (a), clause (3), the
commissioner must include:
(1) an analysis and discussion of the appropriate level of
expenditure from the game and fish fund for field operations
support, administrative management, statewide indirect costs,
fleet management, ecological services, office rent, statewide
communications, unemployment compensation, regional indirect
costs, and workers' compensation;
(2) a comparison of expenditures for each of the purposes
listed in clause (1) from all funds and accounts used by the
department; and
(3) recommendations for changes in the allocation of
funding from the game and fish fund for the purposes listed in
clause (1).
(b) The commissioner must establish a citizens advisory
committee of 20 members to recommend to the commissioner and the
house and senate natural resources policy committees actions
that are necessary to promote Minnesota's hunting, trapping, and
fishing heritage and to ensure the continuation of the
heritage. Upon request, the commissioner may provide
information and staff support to the committee. The committee
members may not be compensated for their expenses in serving on
the committee.
The committee also must evaluate the 1984 report entitled,
the Governor's Citizen Commission to Promote Hunting and Fishing
in Minnesota, and make any recommendations to complete the
eleven-point reinvestment program mentioned in the report and to
achieve the goals of the reinvest in Minnesota resources program.
Sec. 49. [FIREARMS SAFETY PILOT PROGRAM.]
The commissioner of natural resources is authorized to
establish a two-year firearms safety pilot demonstration program
promoting awareness and understanding of the safe use and
storage of firearms that is value-neutral concerning firearms
ownership. The demonstration program shall be conducted in two
school districts, one of which shall be located in the
metropolitan area and one of which shall be conducted in
outstate Minnesota. The commissioner shall submit a report to
the legislature by January 15, 1999, regarding the efficacy of
the program and recommending whether the commissioner should
continue and expand the program.
Sec. 50. [APPROPRIATION.]
Notwithstanding Minnesota Statutes, section 84.943,
subdivision 3, $65,000 is appropriated from the Minnesota
critical habitat private sector matching account to the
commissioner of public safety for costs of handling and
manufacturing 10,000 special critical habitat license plates.
Notwithstanding Minnesota Statutes, section 168.1296,
subdivision 5, $65,000 of the fees collected from applicants for
the license plates must be deposited in the state treasury and
credited to the Minnesota critical habitat private sector
matching account. Fees collected in excess of $65,000 must be
deposited in the highway user tax distribution fund. This
appropriation is available until expended.
Sec. 51. [REPEALER.]
Minnesota Statutes 1996, sections 97A.111; and 97C.801,
subdivision 1, are repealed.
Sec. 52. [EFFECTIVE DATE.]
Sections 6, 28, and 46 are effective the day following
final enactment.
Presented to the governor May 27, 1997
Signed by the governor May 30, 1997, 1:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes