Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 323-S.F.No. 2678
An act relating to natural resources; making technical
changes and clarifications; modifying certain
requirements for nonresident youth small game hunting;
modifying requirements for firearms safety
certificate; modifying prohibitions of hunting while
under the influence; providing for taking unprotected
birds; making certain stamp exemptions; modifying
certain report requirements; amending Minnesota
Statutes 2000, sections 86B.311, subdivision 5;
97A.015, subdivisions 16, 17; 97A.085, subdivision 7;
97A.451, subdivision 3a; 97B.020; 97B.065,
subdivisions 1, 3, 4; 97B.066, subdivision 1; 97B.651;
97B.655, subdivision 1; 97B.715, subdivision 1;
97B.801; 97C.031; 97C.317; 169A.03, subdivision 3;
Minnesota Statutes 2001 Supplement, section 97C.305,
subdivision 2; Laws 1989, chapter 335, article 1,
section 21, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 86B.311,
subdivision 5, is amended to read:
Subd. 5. [RIDING ON GUNWALES OR DECKING.] A person may not
ride or sit and a person may not operate a motorboat while a
person is riding or sitting on (i) the starboard or port
gunwales,; (ii) the decking over the bow, sides, or stern; or
(iii) the transom, of a motorboat while underway unless the
motorboat is provided with adequate guards or railing to prevent
passengers from falling overboard.
Sec. 2. Minnesota Statutes 2000, section 97A.015,
subdivision 16, is amended to read:
Subd. 16. [DIRECTOR.] "Director" means the director of the
division of fish and wildlife any or all of the divisions of
enforcement, fisheries, wildlife, and ecological services unless
a specific division is identified.
Sec. 3. Minnesota Statutes 2000, section 97A.015,
subdivision 17, is amended to read:
Subd. 17. [DIVISION.] "Division" means the division of
fish and wildlife of the department of natural resources any or
all of the divisions of enforcement, fisheries, wildlife, and
ecological services unless a specific division is identified.
Sec. 4. Minnesota Statutes 2000, section 97A.085,
subdivision 7, is amended to read:
Subd. 7. [GAME REFUGE BOUNDARY POSTING.] (a) The
designation of a state game refuge is not effective until the
boundary has been posted with notices that measure at least 12
inches.
(b) The notices must be posted at intervals of not more
than 500 feet or less along the boundary. The notices must also
be posted at all public road entrances to the refuges, except
where the boundary is also an international or state boundary in
public waters. Where the boundary of a refuge extends more than
500 feet continuously through a body of water, instead of
placing notices in the water, notices with the words, "Adjacent
Waters Included," may be placed on the shoreline at the
intersection of the boundary and the water 20 feet or less above
the high water mark and at intervals of 500 feet or less along
the shoreline.
(c) A certification by the commissioner or the director of
the wildlife division, or a certification filed with the
commissioner or director by a conservation officer, refuge
supervisor, or other authorized officer or employee, stating
that the required notices have been posted is prima facie
evidence of the posting.
Sec. 5. Minnesota Statutes 2000, section 97A.451,
subdivision 3a, is amended to read:
Subd. 3a. [NONRESIDENTS UNDER AGE 16; SMALL GAME.] (a) A
nonresident under age 16 may obtain a small game license at the
resident fee if the nonresident:
(1) possesses a firearms safety certificate; or
(2) if age 13 or under, is accompanied by a parent or
guardian when purchasing the license.
(b) A nonresident age 13 or under must be accompanied by a
parent or guardian to take small game. A nonresident age 12 or
under is not required to possess a firearms safety certificate
under section 97B.020 to take small game.
Sec. 6. Minnesota Statutes 2000, section 97B.020, is
amended to read:
97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.]
(a) Except as provided in this section and section 97A.451,
subdivision 3a, a person born after December 31, 1979, may not
obtain an annual license to take wild animals by firearms unless
the person has a firearms safety certificate or equivalent
certificate, driver's license or identification card with a
valid firearms safety qualification indicator issued under
section 171.07, subdivision 13, previous hunting license, or
other evidence indicating that the person has completed in this
state or in another state a hunter safety course recognized by
the department under a reciprocity agreement. A person who is
on active duty and has successfully completed basic training in
the United States armed forces, reserve component, or national
guard may obtain a hunting license or approval authorizing
hunting regardless of whether the person is issued a firearms
safety certificate.
(b) A person born after December 31, 1979, may not use a
lifetime license to take wild animals by firearms, unless the
person meets the requirements for obtaining an annual license
under paragraph (a).
Sec. 7. Minnesota Statutes 2000, section 97B.065,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) A person may not
take wild animals with a firearm or by archery:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled
substance, as defined in section 152.01, subdivision 4;
(3) when the person is under the influence of a combination
of any two or more of the elements in clauses (1) and (2);
(4) when the person's alcohol concentration is 0.10 or
more;
(5) when the person's alcohol concentration as measured
within two hours of the time of taking is 0.10 or more; or
(6) when the person is knowingly under the influence of any
chemical compound or combination of chemical compounds that is
listed as a hazardous substance in rules adopted under section
182.655 and that affects the nervous system, brain, or muscles
of the person so as to substantially impair the person's ability
to operate a firearm or bow and arrow.
(b) An owner or other person having charge or control of a
firearm or bow and arrow may not authorize or permit an
individual the person knows or has reason to believe is under
the influence of alcohol or a controlled substance, as provided
under paragraph (a), to possess the firearm or bow and arrow in
this state or on a boundary water of this state.
(c) A person may not possess a loaded or uncased firearm or
an uncased bow afield under any of the conditions in paragraph
(a).
Sec. 8. Minnesota Statutes 2000, section 97B.065,
subdivision 3, is amended to read:
Subd. 3. [PRELIMINARY SCREENING TEST.] When an officer
authorized under subdivision 2 to make arrests has reason to
believe that the person may be violating or has violated
subdivision 1, paragraph (a) or (c), the officer may require the
person to provide a breath sample for a preliminary screening
test using a device approved by the commissioner of public
safety for this purpose. The results of the preliminary
screening test must be used for the purpose of deciding whether
an arrest should be made under this section and whether to
require the chemical tests authorized in section 97B.066, but
may not be used in any court action except: (1) to prove that a
test was properly required of a person under section 97B.066, or
(2) in a civil action arising out of the operation of a firearm
or bow and arrow. Following the preliminary screening test,
additional tests may be required of the person as provided under
section 97B.066. A person who refuses a breath sample is
subject to the provisions of section 97B.066 unless, in
compliance with that section, the person submits to a blood,
breath, or urine test to determine the presence of alcohol or a
controlled substance.
Sec. 9. Minnesota Statutes 2000, section 97B.065,
subdivision 4, is amended to read:
Subd. 4. [EVIDENCE.] In a prosecution for a violation of
subdivision 1, paragraph (a) or (c), or an ordinance in
conformity with it, the admission of evidence of the amount of
alcohol or a controlled substance in the person's blood, breath,
or urine is governed by section 169A.45.
Sec. 10. Minnesota Statutes 2000, section 97B.066,
subdivision 1, is amended to read:
Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who
takes wild animals with a bow or firearm in this state or on a
boundary water of this state is required, subject to the
provisions of this section, to take or submit to a test of the
person's blood, breath, or urine for the purpose of determining
the presence and amount of alcohol or a controlled substance.
The test shall be administered at the direction of an officer
authorized to make arrests under section 97B.065, subdivision
2. Taking or submitting to the test is mandatory when requested
by an officer who has probable cause to believe the person was
hunting in violation of section 97B.065, subdivision 1,
paragraph (a) or (c), and one of the following conditions exists:
(1) the person has been lawfully placed under arrest for
violating section 97B.065, subdivision 1, paragraph (a) or (c);
(2) the person has been involved while hunting in an
accident resulting in property damage, personal injury, or
death;
(3) the person has refused to take the preliminary
screening test provided for in section 97B.065, subdivision 3;
or
(4) the screening test was administered and indicated an
alcohol concentration of 0.10 or more.
Sec. 11. Minnesota Statutes 2000, section 97B.651, is
amended to read:
97B.651 [UNPROTECTED MAMMALS AND BIRDS.]
Mammals that are unprotected wild animals and unprotected
birds may be taken at any time and in any manner, except with
artificial lights, or by using a motor vehicle in violation of
section 97B.091. Poison may not be used to take unprotected
mammals or unprotected birds unless the safety of humans and
domestic livestock is ensured. Unprotected mammals and
unprotected birds may be possessed, bought, sold, or transported
in any quantity.
Sec. 12. Minnesota Statutes 2000, 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 notify a conservation officer or employee
of the wildlife division within 24 hours after the animal is
killed.
Sec. 13. Minnesota Statutes 2000, section 97B.715,
subdivision 1, is amended to read:
Subdivision 1. [STAMP REQUIRED.] (a) Except as provided in
paragraph (b) or section 97A.405, subdivision 2, a person
required to possess a small game license may not hunt pheasants
without:
(1) a pheasant stamp in possession; and
(2) a pheasant stamp validation on the small game license
when issued electronically.
(b) The following persons are exempt from this subdivision:
(1) residents under age 18 or over age 65; and
(2) persons hunting on licensed commercial shooting
preserves; and
(3) resident disabled veterans with a license issued under
section 97A.441, subdivision 6a.
Sec. 14. Minnesota Statutes 2000, section 97B.801, is
amended to read:
97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.]
(a) Except as provided in this section or section 97A.405,
subdivision 2, a person required to possess a small game license
may not take migratory waterfowl without:
(1) a Minnesota migratory waterfowl stamp in possession;
and
(2) a migratory waterfowl stamp validation on the small
game license when issued electronically.
(b) Residents under age 18 or over age 65; resident
disabled veterans with a license issued under section 97A.441,
subdivision 6a; and persons hunting on their own property are
not required to possess a stamp or a license validation under
this section.
Sec. 15. Minnesota Statutes 2000, section 97C.031, is
amended to read:
97C.031 [LAKES WITH UNBALANCED FISH POPULATIONS.]
The commissioner may establish and amend a list of lakes
and rivers that have been found by the fisheries director to
contain an unbalanced fish population, or to contain species of
fish that have become stunted from overpopulation. The list may
not include more than 100 lakes and rivers, or more than six in
a county. The commissioner may, by rule, establish open
seasons, limits, and methods of taking fish from lakes and
rivers on the list. The rule must be published in each county
containing the lake or river.
Sec. 16. Minnesota Statutes 2001 Supplement, section
97C.305, subdivision 2, is amended to read:
Subd. 2. [EXCEPTION.] A trout and salmon stamp validation
is not required to take fish by angling or to possess trout and
salmon if:
(1) the person:
(i) possesses a license to take fish by angling for a
period of 24 hours from the time of issuance under section
97A.475, subdivision 6, clause (5), or subdivision 7, clause
(5), and
(ii) is taking fish by angling, or the trout or salmon were
taken by the person, during the period the license is valid; or
(2) the person is taking fish, or the trout or salmon were
taken by the person, as authorized under section 97C.035; or
(3) the person has a valid license issued under section
97A.441, subdivision 1, 2, 3, 4, or 5.
Sec. 17. Minnesota Statutes 2000, section 97C.317, is
amended to read:
97C.317 [FISHING AS A PARTY.]
While two or more persons are taking fish by angling as a
party, the total number of fish taken and the total number of
fish possessed by the party may not exceed the limit of the
number of persons in the party that may take and possess fish by
angling. For the purpose of this section, a party means,:
(1) for persons who are not on the water that, the persons
are maintaining unaided visual and vocal contact,;
(2) for persons who are on frozen water surfaces, the
persons are maintaining unaided visual and vocal contact; and
(3) for persons who are on the open water that surfaces,
the persons are angling from a single watercraft.
Sec. 18. Minnesota Statutes 2000, section 169A.03,
subdivision 3, is amended to read:
Subd. 3. [AGGRAVATING FACTOR.] "Aggravating factor"
includes:
(1) a qualified prior impaired driving incident within the
ten years immediately preceding the current offense;
(2) having an alcohol concentration of 0.20 or more as
measured at the time, or within two hours of the time, of the
offense; or
(3) having a child under the age of 16 in the motor vehicle
at the time of the offense if the child is more than 36 months
younger than the offender.
Sec. 19. Laws 1989, chapter 335, article 1, section 21,
subdivision 8, is amended to read:
Subd. 8. Enforcement
$12,631,000 $12,952,000
Summary by Fund
General $ 2,246,000 $ 2,246,000
All-Terrain $ 152,000 $ 152,000
Snowmobile $ 282,000 $ 282,000
Water Recreation $ 1,972,000 $ 1,972,000
Game and Fish $ 7,979,000 $ 8,300,000
$1,124,300 the first year and
$1,124,300 the second year are from the
water recreation account for grants to
counties for boat and water safety.
The undercover operations unit within
this division shall submit an annual a
biennial finance report to the chair of
the house appropriations committee and
the chair of the senate finance
committee by January 1 15 of each
odd-numbered year detailing the
expenditures for the previous fiscal
year biennium and projecting the
expenditures for the forthcoming fiscal
year biennium.
Sec. 20. [EFFECTIVE DATE.]
Sections 7 to 10 are effective August 1, 2002, and apply to
crimes committed on or after that date. Section 18 is effective
the day following final enactment.
Presented to the governor April 4, 2002
Signed by the governor April 8, 2002, 2:27 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes