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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 473-S.F.No. 1288 
                  An act relating to natural resources; modifying 
                  separate selection criteria for moose and turkey 
                  licenses; exempting trappers from blaze orange 
                  requirements; modifying certain licenses issued 
                  without a fee; modifying provisions for Take a Kid 
                  Fishing weekend; modifying certain provisions for deer 
                  hunting licenses; modifying ammunition requirements 
                  for taking big game; providing for hunting licenses 
                  for persons with mental retardation; modifying 
                  provisions for designating experimental waters; 
                  modifying provisions for fishing contests; modifying 
                  requirements for transporting archery bows; modifying 
                  lighted fishing lure provisions; appropriating money 
                  for a state land inventory; amending Minnesota 
                  Statutes 1998, sections 97A.431, subdivision 4; 
                  97A.435, subdivision 4; 97A.441, subdivision 7; 
                  97A.445, subdivision 1; 97A.475, subdivision 2; 
                  97B.015, by adding a subdivision; 97B.031, subdivision 
                  1; 97B.051; 97B.071; 97B.301, by adding a subdivision; 
                  97C.001, subdivision 1; 97C.081, subdivisions 2, 3, 
                  and by adding subdivisions; and 97C.335, as amended; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 97B. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 97A.431, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SEPARATE SELECTION; ELIGIBILITY.] (a) The 
        commissioner may conduct a separate selection for up to 20 
        percent of the moose licenses to be issued for an area.  Only 
        owners of, and tenants living on, at least 160 acres of 
        agricultural or grazing land in the area, and their family 
        members, are eligible for the separate selection under this 
        paragraph.  Persons that are unsuccessful in a separate 
        selection must be included in the selection for the remaining 
        licenses.  
           (b) The commissioner must conduct a separate selection for 
        20 percent of the moose licenses to be issued each year.  Only 
        individuals who have applied at least ten times for a moose 
        license and who have never received a license are eligible for 
        this separate selection. 
           (c) The commissioner may by rule establish criteria for: 
           (1) determining eligible family members under this 
        subdivision. paragraph (a); and 
           (2) verifying that an individual has made at least ten 
        unsuccessful applications for the purposes of paragraph (b). 
           (d) A person who is unsuccessful in a separate selection 
        under this subdivision must be included in the selection for the 
        remaining licenses. 
           Sec. 2.  Minnesota Statutes 1998, section 97A.435, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
        The commissioner may conduct a separate selection for up to 20 
        percent of the turkey licenses to be issued for any area.  Only 
        persons that who are owners or tenants of and that who live on 
        at least 40 acres of agricultural or grazing land in the area, 
        and their family members, are eligible applicants for turkey 
        licenses for the separate selection.  The qualifying 
        agricultural or grazing land may be noncontiguous.  Persons that 
        who are unsuccessful in a separate selection must be included in 
        the selection for the remaining licenses.  Persons that who 
        obtain a license in a separate selection must allow public 
        turkey hunting on their land during that turkey season.  
           (b) The commissioner may by rule establish criteria for 
        determining eligible family members under this subdivision. 
           Sec. 3.  Minnesota Statutes 1998, section 97A.441, 
        subdivision 7, is amended to read: 
           Subd. 7.  [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 
        commissioner may issue, without an additional a fee, a license 
        to take additional an antlerless deer with firearms under 
        section 97B.301, subdivision 4, to a person who is an owner or 
        tenant and lives is living and actively farming on at least ten 
        80 acres of agricultural land, as defined in section 97B.001, in 
        an area where the commissioner has made these licenses 
        available.  Landowners and tenants applying for a license under 
        this subdivision must receive preference over other applicants 
        for the licenses deer permit areas that have deer archery 
        licenses to take additional deer under section 97B.301, 
        subdivision 4.  A person may receive only one license per year 
        under this subdivision.  For properties with coowners or 
        cotenants, only one coowner or cotenant may receive a license 
        under this subdivision per year.  The license issued under this 
        subdivision is restricted to the land owned or leased by the 
        holder of the license within the permit area where the 
        qualifying land is located.  The holder of the license may 
        transfer the license to the holder's spouse or dependent.  
        Notwithstanding sections 97A.415, subdivision 1, and 97B.301, 
        subdivision 2, the holder of the license may purchase an 
        additional license for taking deer and may take an additional 
        deer under that license. 
           (b) Persons A person who obtain obtains a license under 
        paragraph (a) must allow public deer hunting on their land 
        during that deer hunting season, with the exception of the first 
        Saturday and Sunday during the deer hunting season applicable to 
        the license issued under section 97A.475, subdivision 2, clause 
        (4). 
           Sec. 4.  Minnesota Statutes 1998, section 97A.445, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ANGLING; TAKE A KID FISHING WEEKEND.] A 
        resident over age 18 may take fish by angling without a license 
        during one Saturday and Sunday three-day consecutive period of 
        the angling season designated by rule of the commissioner if 
        accompanied by a child who is under age 16.  The commissioner 
        shall publicize the Saturday and Sunday three-day period as 
        "Take a Kid Fishing Weekend." 
           Sec. 5.  Minnesota Statutes 1998, 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; 
           (9) to take antlered deer in more than one zone, $44; and 
           (10) to take Canada geese during a special season, $3; and 
           (11) to take an antlered buck throughout the state in any 
        open deer season, except as restricted under section 97B.305, 
        $66. 
           Sec. 6.  Minnesota Statutes 1998, section 97B.015, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [PROVISIONAL CERTIFICATE FOR PERSONS WITH MENTAL 
        RETARDATION OR A RELATED CONDITION.] Upon the recommendation of 
        a course instructor, the commissioner may issue a provisional 
        firearms safety certificate to a person who satisfactorily 
        completes the classroom portion of the firearms safety course 
        but is unable to pass the written or an alternate format exam 
        portion of the course because of mental retardation or a related 
        condition as defined in section 97B.1055, subdivision 1.  The 
        certificate is valid only when used according to section 
        97B.1055. 
           Sec. 7.  Minnesota Statutes 1998, section 97B.031, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FIREARMS AND AMMUNITION THAT MAY BE USED 
        TO TAKE BIG GAME.] (a) A person may take big game with a firearm 
        only if:  
           (1) the rifle, shotgun, and handgun used is a caliber of at 
        least .23 inches; 
           (2) the firearm is loaded only with single projectile 
        ammunition; 
           (3) a projectile used is a caliber of at least .23 inches 
        and has a soft point or is an expanding bullet type; 
           (4) the ammunition has a case length of at least 1.285 
        inches; 
           (5) the muzzle-loader used is incapable of being loaded at 
        the breech; 
           (6) the smooth-bore muzzle-loader used is a caliber of at 
        least .45 inches; and 
           (7) the rifled muzzle-loader used is a caliber of at least 
        .40 inches. 
           (b) A person may not take big game with a .30 caliber M-1 
        carbine cartridge.  
           (c) Notwithstanding paragraph (a), clause (4), a person may 
        take big game with a ten millimeter cartridge that is at least 
        0.95 inches in length and may take big game with a .45 
        Winchester Magnum cartridge. 
           Sec. 8.  Minnesota Statutes 1998, section 97B.051, is 
        amended to read: 
           97B.051 [TRANSPORTATION OF ARCHERY BOWS.] 
           Except as specified under section 97B.055, subdivision 2, a 
        person may not transport an archery bow in a motor vehicle 
        unless the bow is:  
           (1) unstrung; 
           (2) completely contained in a case; or 
           (3) in the closed trunk or rear-most enclosed portion of a 
        motor vehicle that is not accessible from the passenger 
        compartment. 
           Sec. 9.  Minnesota Statutes 1998, section 97B.071, is 
        amended to read: 
           97B.071 [BLAZE ORANGE REQUIREMENTS.] 
           (a) Except as provided in rules adopted under paragraph 
        (c), a person may not hunt or trap during the open season where 
        deer may be taken by firearms under applicable laws and 
        ordinances, unless the visible portion of the person's cap and 
        outer clothing above the waist, excluding sleeves and gloves, is 
        blaze orange.  Blaze orange includes a camouflage pattern of at 
        least 50 percent blaze orange within each foot square.  This 
        section does not apply to migratory waterfowl hunters on waters 
        of this state or in a stationary shooting location or to 
        trappers on waters of this state. 
           (b) Except as provided in rules adopted under paragraph 
        (c), and in addition to the requirement in paragraph (a), a 
        person may not take small game other than turkey, migratory 
        birds, raccoons, and predators, except when hunting with 
        nontoxic shot or while trapping, unless a visible portion of at 
        least one article of the person's clothing above the waist is 
        blaze orange.  This paragraph does not apply to a person hunting 
        by falconry.  
           (c) The commissioner may, by rule, prescribe an alternative 
        color in cases where paragraph (a) or (b) would violate the 
        Religious Freedom Restoration Act of 1993, Public Law Number 
        103-141. 
           (d) A violation of paragraph (b) shall not result in a 
        penalty, but is punishable only by a safety warning. 
           Sec. 10.  [97B.1055] [HUNTING BY PERSONS WITH MENTAL 
        RETARDATION OR A RELATED CONDITION.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this section 
        and section 97B.015, subdivision 6, "person with mental 
        retardation or a related condition" means a person who has been 
        diagnosed as having substantial limitations in present 
        functioning, manifested as significantly subaverage intellectual 
        functioning, existing concurrently with demonstrated deficits in 
        adaptive behavior, and who manifests these conditions before the 
        person's 22nd birthday.  A person with a related condition means 
        a person who meets the diagnostic definition under section 
        252.27, subdivision 1a. 
           Subd. 2.  [OBTAINING A LICENSE.] (a) Notwithstanding 
        section 97B.020, a person with mental retardation or a related 
        condition may obtain a firearms hunting license with a 
        provisional firearms safety certificate issued under section 
        97B.015, subdivision 6. 
           (b) Any person accompanying or assisting a person with 
        mental retardation or a related condition under this section 
        must possess a valid firearms safety certificate issued by the 
        commissioner. 
           Subd. 3.  [ASSISTANCE REQUIRED.] A person who obtains a 
        firearms hunting license under subdivision 2 must be accompanied 
        and assisted by a parent, guardian, or other adult person 
        designated by a parent or guardian when hunting.  A person who 
        is not hunting but is solely accompanying and assisting a person 
        with mental retardation or a related condition need not obtain a 
        hunting license.  
           Subd. 4.  [PROHIBITED ACTIVITIES.] (a) This section does 
        not entitle a person to possess a firearm if the person is 
        otherwise prohibited from possessing a firearm under state or 
        federal law or a court order. 
           (b) No person shall knowingly authorize or permit a person, 
        who by reason of mental retardation or a related condition is 
        incapable of safely possessing a firearm, to possess a firearm 
        to hunt in the state or on any boundary water of the state. 
           Sec. 11.  Minnesota Statutes 1998, section 97B.301, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [ALL SEASON BUCK LICENSE.] A resident may obtain 
        an all season buck license to take one buck by firearm or 
        archery during any season statewide.  A person obtaining an all 
        season buck license does not qualify for hunting under 
        subdivision 3 or 4. 
           Sec. 12.  Minnesota Statutes 1998, section 97C.001, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION; DESIGNATION.] (a) Experimental 
        waters are lakes and streams where special regulations are used 
        and evaluated to meet a specific fisheries objective. 
           (b) The commissioner may designate any waters of the state 
        having free access to the public as experimental waters.  The 
        designated experimental waters may not exceed 100 200 lakes and 
        25 50 streams at one time.  For all experimental waters, the 
        commissioner shall develop an evaluation plan and specify a 
        termination date.  On the termination date, the commissioner 
        shall vacate or extend the experimental waters designation, or 
        designate the experimental waters as special management waters 
        under section 97C.005.  The commissioner shall by rule establish 
        methods and criteria for public initiation of experimental 
        waters designation and for public participation in the 
        evaluation of the waters designated. 
           (c) Designation of experimental waters under this section 
        is not subject to chapter 14. 
           Sec. 13.  Minnesota Statutes 1998, section 97C.081, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTESTS WITHOUT A PERMIT.] A person may conduct 
        a fishing contest with entry fees of $10, or less, per person 
        and total prizes valued at $2,000, or less, without a permit 
        from the commissioner. provided: 
           (1) the following criteria are met: 
           (i) there are 30 participants or less for open water 
        contests and 150 participants or less for ice fishing contests; 
           (ii) the entry fee is $25 per person or less; 
           (iii) the total prize value is $25,000 or less; and 
           (iv) the contest is not limited to trout species only; 
           (2) the following criteria are met: 
           (i) the contest is not limited to specifically named 
        waters; and 
           (ii) the contest is not limited to trout species only; or 
           (3) all the contest participants are age 18 years or under. 
           Sec. 14.  Minnesota Statutes 1998, section 97C.081, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTESTS AUTHORIZED BY COMMISSIONER REQUIRING A 
        PERMIT.] 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.  (a) A person must have a permit 
        from the commissioner to conduct a fishing contest that does not 
        meet the criteria in subdivision 2.  Permits shall be issued 
        without a fee. 
           (b) 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. 15.  Minnesota Statutes 1998, section 97C.081, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [PERMIT APPLICATION PROCESS.] (a) Beginning 
        September 1 each year, the commissioner shall accept permit 
        applications for fishing contests to be held in the following 
        year. 
           (b) If the number of permit applications received by the 
        commissioner from September 1 through the last Friday in October 
        exceeds the limits specified in subdivisions 7 and 8, the 
        commissioner shall notify the affected applicants that their 
        requested locations and time period are subject to a drawing.  
        After notification, the commissioner shall allow the affected 
        applicants a minimum of seven days to change the location or 
        time period requested on their applications, provided that the 
        change is not to a location or time period for which 
        applications are already at or above the limits specified in 
        subdivisions 7 and 8. 
           (c) After the applicants have been given at least seven 
        days to change their applications, the commissioner shall 
        conduct a drawing for all locations and time periods for which 
        applications exceed limits.  First preference in the drawings 
        shall be given to applicants for established or traditional 
        fishing contests, and second preference to applicants for 
        contests that are not established as traditional fishing 
        contests based on the number of times they have been 
        unsuccessful in previous drawings.  Except for applicants of 
        established or traditional fishing contests, an applicant who is 
        successful in a drawing loses all accumulated preference. 
           (d) The commissioner has until December 7 to approve or 
        deny permit applications that are submitted by 4:30 p.m. on the 
        last Friday in October.  The commissioner may approve a permit 
        application that is received after 4:30 p.m. on the last Friday 
        in October if approving the application would not result in 
        exceeding the limits in subdivisions 7 and 8. 
           Sec. 16.  Minnesota Statutes 1998, section 97C.081, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [WEEKEND LIMITATIONS.] (a) On all waters 55,000 
        acres or less, the commissioner may ensure that each of the 
        state's waters has at least two weekends per month with no 
        permitted fishing contests. 
           (b) Unless otherwise authorized by the commissioner, 
        permitted fishing contests that are conducted for more than one 
        day may not include more than one weekend day from Memorial Day 
        weekend through Labor Day weekend. 
           (c) The commissioner may not approve permits for fishing 
        contests on a weekend with a fishing season opener if the 
        contest targets a species for which the season is opening. 
           Sec. 17.  Minnesota Statutes 1998, section 97C.081, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [LIMITS ON NUMBER OF FISHING CONTESTS.] (a) The 
        number of permitted fishing contests allowed each month on a 
        water body shall not exceed the following limits: 
                       Maximum number   Maximum number   Maximum number
                        of permitted       of large       of permitted
                          fishing         permitted         fishing
                          contests         fishing          contest
                                           contests           days
        Size/acres
        less than
        2,000                2                0                4
        2,000-4,999          3                1                6
        5,000-14,999         4                2                8
        15,000-55,000        5                3               10
        more than
        55,000            no limit         no limit         no limit
           (b) For boundary waters, the limits on the number of 
        permitted fishing contests shall be determined based on the 
        Minnesota acreage. 
           Sec. 18.  Minnesota Statutes 1998, section 97C.081, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [PERMIT RESTRICTIONS.] (a) The commissioner may 
        require fishing contest permittees to limit prefishing to week 
        days only as a condition of a fishing contest permit.  The 
        commissioner may require proof from permittees that prefishing 
        restrictions on the permit are communicated to fishing contest 
        participants and enforced. 
           (b) The commissioner may require permit restrictions on the 
        hours that a permitted fishing contest is conducted, including, 
        but not limited to, starting and ending times. 
           (c) The commissioner may require permit restrictions on the 
        number of parking spaces that may be used on a state-owned 
        public water access site.  The commissioner may require proof 
        from permittees that parking restrictions on the permit are 
        communicated to fishing contest participants and enforced. 
           (d) To prevent undue loss of fish, the commissioner may 
        require restrictions for off-site weigh-ins on a fishing contest 
        permit or may deny permits requesting an off-site weigh-in. 
           (e) A person may not transfer a fishing contest permit to 
        another person. 
           (f) Failure to comply with fishing contest permit 
        restrictions may be considered grounds for denial of future 
        permit applications. 
           Sec. 19.  Minnesota Statutes 1998, section 97C.081, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [DEFINITIONS.] For purposes of this section, the 
        following terms have the meanings given: 
           (a) "Permitted fishing contest" means an open water fishing 
        contest or ice fishing contest that requires a permit from the 
        commissioner under subdivision 3. 
           (b) "Large permitted fishing contest" means an open water 
        fishing contest with more than 50 boats or more than 100 
        participants that requires a permit from the commissioner under 
        subdivision 3. 
           (c) "Participant" means a person who is taking part in a 
        fishing contest. 
           (d) "Permitted fishing contest day" means a day on a water 
        body where a permitted fishing contest is held.  Two permitted 
        fishing contests that are held on the same water body on the 
        same day count as two permitted fishing contest days. 
           (e) "Off-site weigh-in" means a weigh-in of fish from a 
        fishing contest at a location that is not adjacent to the waters 
        listed on the fishing contest permit. 
           (f) "Prefishing" means fishing by participants of a 
        permitted fishing contest prior to the scheduled dates of the 
        contest on waters listed on the fishing contest permit. 
           Sec. 20.  Minnesota Statutes 1998, section 97C.335, as 
        amended by Laws 2000, chapter 308, section 1, is amended to read:
           97C.335 [USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.] 
           A person may not use artificial lights to lure or attract 
        fish or to see fish in the water while spearing, except that an 
        angler may use a lighted fishing lure while angling, a person 
        may affix to the end of a fishing line a lighted artificial bait 
        with hooks attached.  Any battery that is used in lighted 
        fishing lures cannot contain any intentionally introduced 
        mercury. 
           Sec. 21.  [APPROPRIATIONS.] 
           $200,000 is appropriated from the state forest suspense 
        account to the commissioner of natural resources for transfer to 
        the University of Minnesota Duluth for the purpose of funding 
        the inventory conducted pursuant to this section and is 
        available until expended.  Because the University of Minnesota 
        is a land grant university, and because most of the state-owned 
        land to be inventoried is granted land, the chancellor of the 
        University of Minnesota Duluth is requested to direct the School 
        of Business and Economics to conduct an inventory of state-owned 
        land located within the Boundary Waters Canoe Area for the 
        purpose of providing the legislature and state officers with 
        more precise information as to the nature, extent, and value of 
        the land.  The inventory must include the following:  (1) a list 
        of the tracts of state-owned land within the area, together with 
        the available legal description by government tract, insofar as 
        possible; (2) the number of linear feet of shoreline in each 
        tract, together with a general description of that shoreline, 
        whether it is rocky, sandy, or swampy, or some other descriptive 
        system that generally describes the shoreland; (3) the acreage 
        of each tract; (4) a general description of the surface of each 
        tract, including topography and the predominant vegetative cover 
        for each tract and any known unique surface features, such as 
        areas of virgin and other old growth timber; and (5) using 
        available real estate market value information and accepted real 
        estate valuation techniques, assign estimates of the value for 
        each tract, exclusive of minerals and mineral interests, using 
        each of the real estate valuation techniques adopted for the 
        inventory.  For the purposes of this section, "state-owned land" 
        is defined as any class of state-owned land, whether it is 
        granted land such as school, university, swampland, or internal 
        improvement, or whether it is tax-forfeited, acquired, or 
        state-owned land of any other classification.  At the request of 
        the university, the commissioner of natural resources shall 
        promptly provide the university with all published maps, whether 
        federal, state, or county, together with a descriptive list of 
        state-owned land in the area, using available legal 
        descriptions, forest inventories, and other factual information, 
        published data, and photographs that are necessary for the 
        university's inventory.  From these maps, lists, data, and other 
        information, the university is requested to prepare a report of 
        its inventory.  The legislature requests that the University of 
        Minnesota submit the report to the legislature by January 15, 
        2002. 
           Sec. 22.  [EFFECTIVE DATE.] 
           Section 20 is effective the day following final enactment. 
           Presented to the governor May 11, 2000 
           Signed by the governor May 15, 2000, 10:47 a.m.