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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 351-S.F.No. 2674 
                  An act relating to natural resources; clarifying the 
                  aquatic life that may be raised on aquatic farms; 
                  modifying littering provisions; temporarily removing 
                  restrictions on the production of planting stock; 
                  modifying timber permit, sale, and lease provisions; 
                  creating a prairie chicken hunting license; modifying 
                  lifetime deer hunting license provisions; providing 
                  for the consumption of game at fundraising events; 
                  restricting the taking of fish on certain waters; 
                  providing for trapper education programs; modifying 
                  big game ammunition provisions; restricting certain 
                  motorized decoys; modifying provisions for using 
                  lights to locate animals; modifying the all season 
                  buck license; modifying requirements for taking 
                  turtles; modifying provisions for fishing contest 
                  permits; providing for enforcement authority and 
                  restoration requirements related to gathering or 
                  destroying aquatic plants; providing for review of the 
                  aquatic plant control permit program; eliminating 
                  certain experimental trout stream restrictions; 
                  requiring a study; creating a motorized trail task 
                  force; providing criminal penalties; appropriating 
                  money; amending Minnesota Statutes 2000, sections 
                  17.47, subdivision 7; 85.20, subdivision 6; 89.36, 
                  subdivision 1; 90.151, subdivision 1; 90.162; 97A.421, 
                  subdivision 4; 97A.473, subdivisions 1, 4; 97A.4742, 
                  subdivision 1; 97A.475, subdivisions 2, 41; 97B.025; 
                  97B.031, subdivision 1; 97B.081, subdivision 2; 
                  97B.301, subdivision 7; 97B.601, subdivision 4; 
                  97B.811, by adding a subdivision; 97C.025; 97C.081, by 
                  adding a subdivision; 97C.605; 97C.611; 103G.615, by 
                  adding subdivisions; Minnesota Statutes 2001 
                  Supplement, section 282.04, subdivision 1; proposing 
                  coding for new law in Minnesota Statutes, chapters 
                  97A; 97B; repealing Minnesota Statutes 2000, sections 
                  90.50; 97C.003; 97C.605, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 17.47, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PRIVATE AQUATIC LIFE.] "Private aquatic life" 
        means fish, shellfish, mollusks, crustaceans, turtles, and any 
        other aquatic animals cultured within an aquatic farm.  Private 
        aquatic life is the property of the aquatic farmer. 
           Sec. 2.  Minnesota Statutes 2000, section 85.20, 
        subdivision 6, is amended to read: 
           Subd. 6.  [LITTERING; PENALTY.] (a) No person shall drain, 
        throw, or deposit upon the lands and waters within a state park 
        any substance, including cigarette filters, that would mar the 
        appearance, create a stench, destroy the cleanliness or safety 
        of the land, or would be likely to injure any animal, vehicle, 
        or person traveling upon those lands and waters.  The operator 
        of a vehicle or watercraft, except a school bus or a vehicle 
        transporting passengers for hire and regulated by the interstate 
        commerce commission, shall not permit articles to be thrown or 
        discarded from the vehicle upon any lands or waters within a 
        state park.  
           (b) Violation of this subdivision is a misdemeanor.  Any 
        person sentenced under this subdivision shall in lieu of the 
        sentence imposed be permitted, under terms established by the 
        court, to work under the direction of the department of natural 
        resources at clearing rubbish, trash, and debris from any state 
        park.  The court may for any violation of this subdivision order 
        the offender to perform such work under terms established by the 
        court with the option of a jail sentence being imposed.  
           (c) In lieu of enforcement under paragraph (b), this 
        subdivision may be enforced by imposition of a civil penalty and 
        an action for damages for littering under section 115A.99. 
           Sec. 3.  Minnesota Statutes 2000, section 89.36, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PRODUCTION AT STATE NURSERIES.] The 
        commissioner of natural resources may produce tree planting 
        stock for the purposes of sections 89.35 to 89.39 upon any lands 
        under control of the commissioner which may be deemed suitable 
        and available therefor so far as not inconsistent with other 
        uses to which such lands may be dedicated by law.  The 
        commissioner may not produce more than 10,000,000 units of 
        planting stock annually, after January 1, 2003. 
           Sec. 4.  Minnesota Statutes 2000, section 90.151, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ISSUANCE; EXPIRATION.] (a) Following 
        receipt of the down payment for state timber sold at public 
        auction, the commissioner shall issue a numbered permit to the 
        purchaser, in a form approved by the attorney general, by the 
        terms of which the purchaser shall be authorized to enter upon 
        the land, and to cut and remove the timber therein described, 
        according to the provisions of this chapter.  The permit shall 
        be correctly dated and executed by the commissioner or agent and 
        signed by the purchaser.  If a permit is not signed by the 
        purchaser within 60 days from the date of purchase, the permit 
        cancels and the down payment for timber forfeits to the state. 
           (b) The permit shall expire no later than five years after 
        the date of sale as the commissioner shall specify, and the 
        timber shall be cut within the time specified therein.  All cut 
        timber, equipment, and buildings not removed from the land 
        within 90 days after expiration of the permit shall become the 
        property of the state.  
           (c) The commissioner may grant an additional period of time 
        not to exceed 120 days for the removal of cut timber, equipment, 
        and buildings upon receipt of such request by the permit holder 
        for good and sufficient reasons.  The commissioner may grant a 
        second period of time not to exceed 120 days for the removal of 
        cut timber, equipment, and buildings upon receipt of a request 
        by the permit holder for hardship reasons only. 
           (d) No permit shall be issued to any person other than the 
        purchaser in whose name the bid was made.  
           Sec. 5.  Minnesota Statutes 2000, section 90.162, is 
        amended to read: 
           90.162 [ALTERNATIVE TO BOND OR DEPOSIT REQUIREMENTS.] 
           In lieu of the bond or cash deposit equal to the value of 
        all timber covered by the permit required by section 90.161 or 
        90.173, a purchaser of state timber may, at the time of the bid 
        approval and upon payment by the purchaser to the commissioner 
        of 15 percent of the appraised value under section 90.14, elect 
        in writing on a form prescribed by the attorney general 
        to prepay give good and valid surety to the state of Minnesota 
        equal to the purchase price for any designated cutting block 
        identified on the permit before the date the purchaser enters 
        upon the land to begin harvesting the timber on the designated 
        cutting block. 
           Sec. 6.  Minnesota Statutes 2000, section 97A.421, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ISSUANCE AFTER INTOXICATION OR NARCOTICS 
        CONVICTION.] A person convicted of a violation under section 
        97B.065, relating to hunting while intoxicated or using 
        narcotics, may not obtain a license to hunt with a firearm or by 
        archery or hunt with a firearm or by archery under a lifetime 
        license, issued under section 97A.473 or 97A.474, for five years 
        after conviction.  
           Sec. 7.  [97A.434] [PRAIRIE CHICKEN LICENSES.] 
           Subdivision 1.  [NUMBER OF LICENSES TO BE ISSUED.] If the 
        commissioner establishes an open season for prairie chickens 
        under section 97B.711, the commissioner shall also determine, by 
        rule, the number of licenses to be issued.  
           Subd. 2.  [ELIGIBILITY.] Eligibility for a prairie chicken 
        license shall be determined by this section and by rule adopted 
        by the commissioner.  A person is eligible for a prairie chicken 
        license only if the person: 
           (1) is a resident; and 
           (2) was born before January 1, 1980, or possesses a 
        firearms safety certificate. 
           Subd. 3.  [APPLICATION FOR LICENSE.] An application for a 
        prairie chicken license must be made in a manner provided by the 
        commissioner and accompanied by a $4 application fee.  The $4 
        application fee is appropriated as prescribed in Minnesota 
        Statutes, section 84.027, subdivision 15, paragraph (d), to pay 
        for costs associated with conducting the prairie chicken license 
        drawing.  A person may not make more than one application for 
        each season.  If a person makes more than one application, the 
        person is ineligible for a license for that season after 
        determination by the commissioner, without a hearing.  
           Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
        The commissioner may conduct a separate selection for up to 20 
        percent of the prairie chicken licenses to be issued for any 
        area.  Only persons who are owners or tenants of at least 40 
        acres of prairie or grassland in the area, and their family 
        members, are eligible applicants for prairie chicken licenses 
        for the separate selection.  The qualifying prairie or grassland 
        may be noncontiguous.  Persons who are unsuccessful in a 
        separate selection must be included in the selection for the 
        remaining licenses.  Persons who obtain a license in a separate 
        selection must allow public prairie chicken hunting on their 
        land during that prairie chicken season. 
           (b) The commissioner may by rule establish criteria for 
        determining eligible family members under this subdivision. 
           Sec. 8.  Minnesota Statutes 2000, section 97A.473, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RESIDENT LIFETIME LICENSES AUTHORIZED.] 
        (a) The commissioner may issue a lifetime angling license, a 
        lifetime small game hunting license, a lifetime firearms firearm 
        or archery deer hunting license, or a lifetime sporting license 
        to a person who is a resident of the state for at least one year 
        or who is under age 21 and the child of a person who is a 
        resident of the state for at least one year.  The license fees 
        paid for a lifetime license are nonrefundable. 
           (b) The commissioner may require the holder of a lifetime 
        license issued under this section to notify the department each 
        year that the license is used, by: 
           (1) telephone or Internet notification, as specified by the 
        commissioner; 
           (2) the purchase of stamps for the license; or 
           (3) registration and tag issuance, in the case of the 
        resident lifetime deer license. 
           Sec. 9.  Minnesota Statutes 2000, section 97A.473, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LIFETIME FIREARM DEER HUNTING LICENSE; FEE.] (a) 
        A resident lifetime firearm deer hunting license authorizes a 
        person to take deer with firearms or by archery in the state.  
        The license authorizes those activities authorized by the annual 
        resident firearm deer hunting license or the annual resident 
        archery deer hunting license.  The licensee must register and 
        receive tags each year that the license is used.  The tags shall 
        be issued at no charge to the licensee. 
           (b) The fees for a resident lifetime firearm or archery 
        deer hunting license are: 
           (1) age 3 and under, $337; 
           (2) age 4 to age 15, $450; 
           (3) age 16 to age 50, $573; and 
           (4) age 51 and over, $383. 
           Sec. 10.  Minnesota Statutes 2000, section 97A.4742, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The lifetime fish 
        and wildlife trust fund is established as a fund in the state 
        treasury.  All money received from the issuance of lifetime 
        angling, small game hunting, firearm deer hunting, and sporting 
        licenses and earnings on the fund shall be credited to the 
        lifetime fish and wildlife trust fund. 
           Sec. 11.  Minnesota Statutes 2000, 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, $12; 
           (2) for persons age 65 or over, $6; 
           (3) to take turkey, $18; 
           (4) to take deer with firearms, $25; 
           (5) to take deer by archery, $25; 
           (6) to take moose, for a party of not more than six 
        persons, $310; 
           (7) to take bear, $38; 
           (8) to take elk, for a party of not more than two persons, 
        $250; 
           (9) to take antlered deer in more than one zone, $50; 
           (10) to take Canada geese during a special season, $4; and 
           (11) to take an antlered buck two deer throughout the state 
        in any open deer season, except as restricted under section 
        97B.305, $66 $75; and 
           (12) to take prairie chickens, $20. 
           Sec. 12.  Minnesota Statutes 2000, section 97A.475, 
        subdivision 41, is amended to read: 
           Subd. 41.  [TURTLE SELLERS LICENSES.] (a) The fee for a 
        turtle seller's license to sell turtles and to take, transport, 
        purchase buy, and possess turtles for sale is $70 $250.  
           (b) The fee for a recreational turtle license to take, 
        transport, and possess turtles for personal use is $25. 
           (c) The fee for a turtle seller's apprentice license is 
        $100. 
           Sec. 13.  [97A.510] [GAME FOR CONSUMPTION AT FUNDRAISING 
        EVENTS.] 
           (a) Nonprofit organizations may charge a fee for admission 
        to fundraising events when lawfully taken and possessed game, 
        excluding migratory game birds, as defined in the Code of 
        Federal Regulations, title 50, section 20.11, that cannot be 
        sold under federal law, is donated to the organization and is 
        served for consumption on the premises where the fundraising 
        event is held. 
           (b) Game donated to the nonprofit organization must be 
        marked as provided in section 97A.505, subdivision 4.  The game 
        donated to a nonprofit organization and stored by the 
        organization is considered to be in the possession of the person 
        making the donation, and is subject to inspection as provided in 
        section 97A.215, subdivision 1.  As provided in section 97A.505, 
        subdivision 5, a license is not required for the nonprofit 
        organization to possess or transport the donated game. 
           (c) The nonprofit organization must keep records of the 
        game donated to the organization, and the records must be 
        available for inspection for two years from the date of the 
        fundraising event.  The records must show: 
           (1) the names and addresses of persons donating the game; 
           (2) the license number or possession permit number under 
        which the game was lawfully taken or possessed; and 
           (3) the date, location, and purpose of the fundraising 
        event that utilized the donation. 
           Sec. 14.  Minnesota Statutes 2000, section 97B.025, is 
        amended to read: 
           97B.025 [HUNTER AND TRAPPER EDUCATION.] 
           (a) The commissioner may establish education courses for 
        hunters and trappers.  The commissioner shall collect a fee from 
        each person attending a course.  The commissioner shall 
        establish a fee that neither significantly over recovers nor 
        under recovers costs, including overhead costs, involved in 
        providing the services.  The fee is not subject to the 
        rulemaking provisions of chapter 14 and section 14.386 does not 
        apply.  The fees shall be deposited in the game and fish fund 
        and the amount thereof is appropriated annually to the 
        enforcement division of the department of natural resources for 
        the administration of the program.  In addition to the fee 
        established by the commissioner, instructors may charge each 
        person up to the established fee amount for class materials and 
        expenses.  School districts may cooperate with the commissioner 
        and volunteer instructors to provide space for the classroom 
        portion of the training. 
           (b) The commissioner shall enter into an agreement with a 
        statewide nonprofit trappers association to conduct a trapper 
        education program.  At a minimum, the program must include at 
        least six hours of classroom and in the field training.  The 
        program must include a review of state trapping laws and 
        regulations, trapping ethics, the setting and tending of traps 
        and snares, tagging and registration requirements, and the 
        preparation of pelts.  The association shall be responsible for 
        all costs of conducting the education program, and shall not 
        charge any fee for attending the course. 
           Sec. 15.  Minnesota Statutes 2000, 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, or a .50 A. E. (Action Express) 
        handgun cartridge.  
           Sec. 16.  Minnesota Statutes 2000, section 97B.081, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WITHOUT FIREARMS.] (a) Between the hours of 
        10:00 p.m. and 6:00 a.m. from September 1 to December 31, a 
        person may not cast the rays of a spotlight, headlight, or other 
        artificial light in a field, woodland, or forest to spot, 
        locate, or take a wild animal except to take raccoons under 
        section 97B.621, subdivision 3, or to tend traps under section 
        97B.931. 
           (b) Between one-half hour after sunset until sunrise, a 
        person may not cast the rays of a spotlight, headlight, or other 
        artificial light to spot, locate, or take a wild animal on 
        fenced, agricultural land containing livestock, as defined in 
        section 17A.03, subdivision 5, or poultry that is marked with 
        signs prohibiting the shining of lights.  The signs must: 
           (1) display reflectorized letters that are at least two 
        inches in height and state "no shining" or similar terms; and 
           (2) be placed at intervals of 1,000 feet or less along the 
        boundary of the area. 
           (c) It is not a violation of this subdivision paragraph (a) 
        or (b) for a person to carry out any agricultural, occupational, 
        or recreational practice, including snowmobiling that is not 
        related to spotting, locating, or taking a wild animal. 
           (d) Between the hours of 6:00 p.m. and 6:00 a.m., a person 
        may not project a spotlight or hand-held light onto residential 
        property or building sites from a moving motor vehicle being 
        operated on land, except for the following purposes: 
           (1) safety; 
           (2) emergency response; 
           (3) normal vehicle operations; or 
           (4) performing an occupational duty. 
           Sec. 17.  Minnesota Statutes 2000, section 97B.301, 
        subdivision 7, is amended to read: 
           Subd. 7.  [ALL SEASON BUCK DEER LICENSE.] (a) A resident 
        may obtain an all season buck deer license.  This license 
        authorizes the resident to take one buck by firearm or archery 
        during any season statewide.  In addition, a resident obtaining 
        this license may take one antlerless deer: 
           (1) by firearms in the regular firearms season if the 
        resident first obtains an antlerless deer permit; 
           (2) by archery in the archery season; or 
           (3) by muzzleloader in the muzzleloader season. 
           (b) A person obtaining an all season buck deer license does 
        not qualify for hunting under subdivision 3 or 4.  The 
        commissioner shall issue one tag for a buck and one tag for an 
        antlerless deer when issuing a license under this subdivision. 
           Sec. 18.  Minnesota Statutes 2000, section 97B.601, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXCEPTION TO LICENSE REQUIREMENTS.] (a) A 
        resident under age 16 may take small game without a small game 
        license, and a resident under age 13 may trap without a trapping 
        license, as provided in section 97A.451, subdivision 3. 
           (b) A person may take small game without a small game 
        license on land occupied by the person as a principal residence. 
           (c) An owner or occupant may take certain small game 
        causing damage without a small game or trapping license as 
        provided in section 97B.655.  
           (d) A person may use dogs to pursue and tree raccoons under 
        section 97B.621, subdivision 2, during the closed season without 
        a license.  
           (e) A person may take a turkey or a prairie chicken without 
        a small game license.  
           Sec. 19.  [97B.716] [PRAIRIE CHICKENS.] 
           Subdivision 1.  [LICENSE REQUIRED.] A person may not take a 
        prairie chicken without a prairie chicken license. 
           Subd. 2.  [TAGGING AND REGISTRATION.] The commissioner may 
        by rule prescribe requirements for the tagging and registration 
        of prairie chickens. 
           Subd. 3.  [LIMITED NUMBER OF PRAIRIE CHICKEN HUNTERS.] The 
        commissioner may establish a method, including a drawing, to 
        impartially select persons eligible to take prairie chickens in 
        an area.  Preference must be given to persons who have 
        previously applied in the general selection but have not been 
        selected. 
           Sec. 20.  Minnesota Statutes 2000, section 97B.811, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [RESTRICTIONS ON CERTAIN MOTORIZED DECOYS.] From 
        the opening day of the duck season through the Saturday nearest 
        October 8, a person may not use a motorized decoy on public 
        waters with visible, moving parts that are above the water 
        surface to take migratory waterfowl, other than geese. 
           Sec. 21.  Minnesota Statutes 2000, section 97C.025, is 
        amended to read: 
           97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 
        AREAS.] 
           (a) The commissioner may prohibit fishing or restrict the 
        taking of fish 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; or 
           (3) are licensed by the commissioner as a private fish 
        hatchery or aquatic farm under section 97C.211, subdivision 1, 
        or 17.4984, subdivision 1. 
        An area may be posted under this paragraph if necessary to 
        prevent excessive depletion of fish or interference with 
        fisheries research or management activities or private fish 
        hatchery or aquatic farm operations.  
           (b) The commissioner will consider the following criteria 
        in determining if waters licensed under a private fish hatchery 
        or aquatic farm should be posted under paragraph (a): 
           (1) the waters contain game fish brood stock that are vital 
        to the private fish hatchery or aquatic farm operation; 
           (2) game fish are present in the licensed waters only as a 
        result of aquaculture activities by the licensee; and 
           (3) no public access to the waters existed when the waters 
        were first licensed. 
           (c) A private fish hatchery or aquatic farm licensee may 
        not take fish or authorize others to take fish in licensed 
        waters that are posted under paragraph (a), except as provided 
        in section 17.4983, subdivision 3, and except that if waters are 
        posted to allow the taking of fish under special restrictions, 
        licensees and others who can legally access the waters may take 
        fish under those special restrictions. 
           (d) Before March 1, 2003, riparian landowners adjacent to 
        licensed waters on the effective date of this section, and 
        riparian landowners who own land adjacent to waters licensed 
        after the effective date of this section on the date the waters 
        become licensed waters, plus their children and grandchildren, 
        may take two daily limits of fish per month under an angling 
        license subject to the other limits and conditions in the game 
        and fish laws. 
           (b) (e) Except as provided in paragraph (c) paragraphs (c), 
        (d), and (f), a person may not take fish or operate a motorboat 
        if prohibited by posting under paragraph (a). 
           (c) (f) 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. 22.  Minnesota Statutes 2000, section 97C.081, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [ADDITIONAL FISHING CONTEST 
        PERMITS.] Notwithstanding the limits in subdivision 8, the 
        commissioner may allow up to five additional permits each year 
        for fishing contests on bodies of water that are 5,000 acres or 
        more in size.  No more than one additional contest may be 
        permitted on one body of water in a single year.  For additional 
        fishing contests permitted under this subdivision, the fishing 
        contest permit applicant must demonstrate to the commissioner 
        that the contest will: 
           (1) provide economic benefits to the local area; 
           (2) promote public awareness of fishing and the state's 
        resources; and 
           (3) conform to best management practices for the lake. 
           Sec. 23.  Minnesota Statutes 2000, section 97C.605, is 
        amended to read: 
           97C.605 [TURTLES.] 
           Subdivision 1.  [RESIDENT ANGLING LICENSE REQUIRED.] In 
        addition to any other license required in this section, a person 
        may not take, possess, or transport turtles without an a 
        resident angling license, except as provided in subdivision 2 2c.
           Subd. 2.  [TURTLE SELLER'S LICENSE.] (a) A person may not 
        take, possess, buy, or transport, or purchase turtles for sale; 
        sell turtles; or take turtles for sale using commercial 
        equipment without a turtle seller's license, except as provided 
        in this subdivision 2c. 
           (b) Except for renewals, no new turtle seller's licenses 
        may be issued after August 1, 2002. 
           Subd. 2a.  [RECREATIONAL TURTLE LICENSE.] A person who does 
        not possess a turtle seller's license must obtain a recreational 
        turtle license to take turtles for personal use with commercial 
        equipment. 
           Subd. 2b.  [TURTLE SELLER'S APPRENTICE LICENSE.] (a) A 
        person with a turtle seller's license may list one person as an 
        apprentice on the license.  A person acting as an apprentice for 
        a turtle seller licensee must have an apprentice license and may 
        assist the turtle licensee in all licensed activities. 
           (b) The turtle seller licensee or turtle seller's 
        apprentice licensee must be present at all turtle operations 
        conducted under the turtle seller's license.  Turtle operations 
        include going to and from turtle harvest locations; setting, 
        lifting, and removing commercial turtle equipment; taking 
        turtles out of equipment; and transporting turtles from harvest 
        locations. 
           (c) A turtle seller's apprentice license is transferable by 
        the turtle seller licensee by making application to the 
        commissioner.  A person listed as an apprentice by a turtle 
        seller licensee must not be listed as an apprentice by another 
        turtle seller licensee nor may an apprentice possess a turtle 
        seller's license or a recreational turtle license. 
           Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need a 
        turtle seller's license or an angling license: 
           (1) when buying turtles for resale at a retail outlet; 
           (2) when buying a turtle at a retail outlet; or 
           (3) if the person is a nonresident buying a turtle from a 
        licensed turtle seller for export out of state.  Shipping 
        documents provided by the turtle seller must accompany each 
        shipment exported out of state by a nonresident.  Shipping 
        documents must include:  name, address, city, state, and zip 
        code of the buyer; number of each species of turtle; and name 
        and license number of the turtle seller.  
           Subd. 3.  [TAKING; METHODS PROHIBITED.] (a) Except as 
        allowed in paragraph (b), A person may take turtles in any 
        manner, except by the use of: 
           (1) explosives, drugs, poisons, lime, and other harmful 
        substances; 
           (2) traps, except as provided in paragraph (b) and rules 
        adopted under this section; or 
           (3) nets other than anglers' fish landing nets; or 
           (4) commercial equipment, except as provided in rules 
        adopted under this section. 
           (b) Until new rules are adopted under this section, a 
        person with a turtle seller's license may take turtles 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. 
           Subd. 4.  [ARTIFICIAL LIGHTS.] The commissioner may issue 
        permits to take turtles with the use of artificial lights in 
        designated waters.  
           Subd. 5.  [INTERFERENCE WITH COMMERCIAL OR RECREATIONAL 
        TURTLE OPERATIONS.] A person may not: 
           (1) knowingly place or maintain an obstruction that will 
        hinder, prevent, or interfere with a licensed turtle operation; 
           (2) remove turtles, other wild animals, or fish from a 
        floating or submerged trap licensed under the game and fish 
        laws; or 
           (3) knowingly damage, disturb, or interfere with a licensed 
        turtle operation. 
           Subd. 6.  [RULES.] The commissioner may adopt rules for 
        taking turtles.  The commissioner may prescribe seasons, limits, 
        closed areas, and other restrictions and requirements the 
        commissioner deems necessary for the conservation of turtles.  
           Sec. 24.  Minnesota Statutes 2000, section 97C.611, is 
        amended to read: 
           97C.611 [SNAPPING TURTLES; LIMITS.] 
           A person may not possess more than three snapping turtles 
        of the species Chelydra serpentina without a turtle seller's 
        license.  Until new rules are adopted under section 97C.605, a 
        person may not take snapping turtles of a size less than ten 
        inches wide including curvature, measured from side to side 
        across the shell at midpoint.  After new rules are adopted under 
        section 97C.605, a person may only take snapping turtles of a 
        size specified in the adopted rules. 
           Sec. 25.  Minnesota Statutes 2000, section 103G.615, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [ENFORCEMENT AUTHORITY AND RESTORATION 
        REQUIREMENTS.] (a) The commissioner may make findings and issue 
        an order to a person to stop the illegal gathering, harvesting, 
        planting or transplanting, or destroying of aquatic vegetation 
        or organisms in public waters. 
           (b) In the same or a separate findings and order, the 
        commissioner may require restoration or replacement of any 
        emergent or floating leaf aquatic vegetation lost as a result of 
        the illegal activities, to the condition existing before the 
        illegal activities were undertaken.  An order for restoration or 
        replacement must state with specificity the work that is 
        necessary to comply with the order and must specify a date by 
        which the work must be completed. 
           (c) The person or entity to whom the order is issued may 
        request a review of the order by the commissioner within 30 days 
        of receipt of written notice by filing a written request for 
        review.  If the written request is not submitted within 30 days, 
        the restoration or replacement order becomes final.  The 
        commissioner shall review the request and supporting evidence 
        and render a decision within 60 days of the request for review. 
           (d) If the person or entity wishes to appeal the decision 
        of the commissioner after review under paragraph (c), a written 
        request must be filed with the commissioner within 30 days for a 
        contested case hearing under chapter 14.  A bond, as provided in 
        subdivision 5, must accompany the demand for a hearing.  The 
        bond and demand for hearing must be filed 30 days after the 
        person is served with a copy of the decision of the commissioner 
        on review. 
           (e) If the person or entity to whom the decision of the 
        commissioner on review is addressed does not demand a contested 
        case hearing under chapter 14 or demands a hearing but fails to 
        file the required bond: 
           (1) the commissioner's order becomes final at the end of 30 
        days after the person is served with the decision of the 
        commissioner on review; and 
           (2) the person may not appeal the order. 
           Sec. 26.  Minnesota Statutes 2000, section 103G.615, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [BOND FOR DEMANDING PUBLIC HEARING.] (a) A person 
        or entity filing a demand for a public hearing, under 
        subdivision 4, must execute and file a corporate surety bond or 
        equivalent security to the state of Minnesota, to be approved by 
        the commissioner and in an amount and form determined by the 
        commissioner.  The bond or security must be conditioned to pay 
        the costs of the hearing to the extent described in subdivision 
        6 if the commissioner's findings and order are affirmed without 
        material modification. 
           (b) A bond or security is not required of a public 
        authority that demands a public hearing. 
           (c) The commissioner may waive the requirement for a bond 
        or other security. 
           Sec. 27.  Minnesota Statutes 2000, section 103G.615, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [HEARING COSTS.] (a) Except as provided in 
        paragraph (b), the costs of a hearing must be paid as prescribed 
        by chapter 14 and the chief administrative law judge. 
           (b) If the commissioner's order is affirmed without 
        material modification, the appellant must pay the following 
        costs, up to $750: 
           (1) costs of the stenographic record and transcript; and 
           (2) rental costs, if any, of the place where the hearing is 
        held. 
           Sec. 28.  Minnesota Statutes 2000, section 103G.615, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [MISDEMEANOR.] A violation of an order issued 
        under this section is a misdemeanor.  
           Sec. 29.  Minnesota Statutes 2001 Supplement, section 
        282.04, subdivision 1, is amended to read: 
           Subdivision 1.  [TIMBER SALES; LAND LEASES AND USES.] (a) 
        The county auditor may sell timber upon any tract that may be 
        approved by the natural resources commissioner.  Such sale of 
        timber shall be made for cash at not less than the appraised 
        value determined by the county board to the highest bidder after 
        not less than one week's published notice in an official paper 
        within the county.  Any timber offered at such public sale and 
        not sold may thereafter be sold at private sale by the county 
        auditor at not less than the appraised value thereof, until such 
        time as the county board may withdraw such timber from sale.  
        The appraised value of the timber and the forestry practices to 
        be followed in the cutting of said timber shall be approved by 
        the commissioner of natural resources.  
           (b) Payment of the full sale price of all timber sold on 
        tax-forfeited lands shall be made in cash at the time of the 
        timber sale, except in the case of oral or sealed bid auction 
        sales, the down payment shall be no less than 15 percent of the 
        appraised value, and the balance shall be paid prior to entry.  
        In the case of auction sales that are partitioned and sold as a 
        single sale with predetermined cutting blocks, the down payment 
        shall be no less than 15 percent of the appraised price of the 
        entire timber sale which may be held until the satisfactory 
        completion of the sale or applied in whole or in part to the 
        final cutting block.  The value of each separate block must be 
        paid in full before any cutting may begin in that block.  With 
        the permission of the county administrator the purchaser may 
        enter unpaid blocks and cut necessary timber incidental to 
        developing logging roads as may be needed to log other blocks 
        provided that no timber may be removed from an unpaid block 
        until separately scaled and paid for.  
           (c) The county board may require final settlement on the 
        basis of a scale of cut products.  Any parcels of land from 
        which timber is to be sold by scale of cut products shall be so 
        designated in the published notice of sale above mentioned, in 
        which case the notice shall contain a description of such 
        parcels, a statement of the estimated quantity of each species 
        of timber thereon and the appraised price of each specie of 
        timber for 1,000 feet, per cord or per piece, as the case may 
        be.  In such cases any bids offered over and above the appraised 
        prices shall be by percentage, the percent bid to be added to 
        the appraised price of each of the different species of timber 
        advertised on the land.  The purchaser of timber from such 
        parcels shall pay in cash at the time of sale at the rate bid 
        for all of the timber shown in the notice of sale as estimated 
        to be standing on the land, and in addition shall pay at the 
        same rate for any additional amounts which the final scale shows 
        to have been cut or was available for cutting on the land at the 
        time of sale under the terms of such sale.  Where the final 
        scale of cut products shows that less timber was cut or was 
        available for cutting under terms of such sale than was 
        originally paid for, the excess payment shall be refunded from 
        the forfeited tax sale fund upon the claim of the purchaser, to 
        be audited and allowed by the county board as in case of other 
        claims against the county.  No timber, except hardwood pulpwood, 
        may be removed from such parcels of land or other designated 
        landings until scaled by a person or persons designated by the 
        county board and approved by the commissioner of natural 
        resources.  Landings other than the parcel of land from which 
        timber is cut may be designated for scaling by the county board 
        by written agreement with the purchaser of the timber.  The 
        county board may, by written agreement with the purchaser and 
        with a consumer designated by the purchaser when the timber is 
        sold by the county auditor, and with the approval of the 
        commissioner of natural resources, accept the consumer's scale 
        of cut products delivered at the consumer's landing.  No timber 
        shall be removed until fully paid for in cash.  Small amounts of 
        timber not exceeding $3,000 in appraised valuation may be sold 
        for not less than the full appraised value at private sale to 
        individual persons without first publishing notice of sale or 
        calling for bids, provided that in case of such sale involving a 
        total appraised value of more than $200 the sale shall be made 
        subject to final settlement on the basis of a scale of cut 
        products in the manner above provided and not more than two such 
        sales, directly or indirectly to any individual shall be in 
        effect at one time. 
           (d) As directed by the county board, the county auditor may 
        lease tax-forfeited land to individuals, corporations or 
        organized subdivisions of the state at public or private vendue, 
        and at such prices and under such terms as the county board may 
        prescribe, for use as cottage and camp sites and for 
        agricultural purposes and for the purpose of taking and removing 
        of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt 
        therefrom, and for garden sites and other temporary uses 
        provided that no leases shall be for a period to exceed ten 
        years; provided, further that any leases involving a 
        consideration of more than $12,000 per year, except to an 
        organized subdivision of the state shall first be offered at 
        public sale in the manner provided herein for sale of timber.  
        Upon the sale of any such leased land, it shall remain subject 
        to the lease for not to exceed one year from the beginning of 
        the term of the lease.  Any rent paid by the lessee for the 
        portion of the term cut off by such cancellation shall be 
        refunded from the forfeited tax sale fund upon the claim of the 
        lessee, to be audited and allowed by the county board as in case 
        of other claims against the county. 
           (e) As directed by the county board, the county auditor may 
        lease tax-forfeited land to individuals, corporations, or 
        organized subdivisions of the state at public or private vendue, 
        at such prices and under such terms as the county board may 
        prescribe, for the purpose of taking and removing for use for 
        road construction and other purposes tax-forfeited stockpiled 
        iron-bearing material.  The county auditor must determine that 
        the material is needed and suitable for use in the construction 
        or maintenance of a road, tailings basin, settling basin, dike, 
        dam, bank fill, or other works on public or private property, 
        and that the use would be in the best interests of the public.  
        No lease shall exceed ten years.  The use of a stockpile for 
        these purposes must first be approved by the commissioner of 
        natural resources.  The request shall be deemed approved unless 
        the requesting county is notified to the contrary by the 
        commissioner of natural resources within six months after 
        receipt of a request for approval for use of a stockpile.  Once 
        use of a stockpile has been approved, the county may continue to 
        lease it for these purposes until approval is withdrawn by the 
        commissioner of natural resources. 
           (f) The county auditor, with the approval of the county 
        board is authorized to grant permits, licenses, and leases to 
        tax-forfeited lands for the depositing of stripping, lean ores, 
        tailings, or waste products from mines or ore milling plants, 
        upon such conditions and for such consideration and for such 
        period of time, not exceeding 15 years, as the county board may 
        determine; said permits, licenses, or leases to be subject to 
        approval by the commissioner of natural resources. 
           (g) Any person who removes any timber from tax-forfeited 
        land before said timber has been scaled and fully paid for as 
        provided in this subdivision is guilty of a misdemeanor. 
           (h) The county auditor may, with the approval of the county 
        board, and without first offering at public sale, grant leases, 
        for a term not exceeding 25 years, for the removal of peat from 
        tax-forfeited lands upon such terms and conditions as the county 
        board may prescribe.  Any lease for the removal of peat from 
        tax-forfeited lands must first be reviewed and approved by the 
        commissioner of natural resources if the lease covers 320 or 
        more acres.  No lease for the removal of peat shall be made by 
        the county auditor pursuant to this section without first 
        holding a public hearing on the auditor's intention to lease.  
        One printed notice in a legal newspaper in the county at least 
        ten days before the hearing, and posted notice in the courthouse 
        at least 20 days before the hearing shall be given of the 
        hearing. 
           (i) Notwithstanding any provision of paragraph (c) to the 
        contrary, the St. Louis county auditor may, at the discretion of 
        the county board, sell timber to the party who bids the highest 
        price for all the several kinds of timber, as provided for sales 
        by the commissioner of natural resources under section 90.14.  
        Bids offered over and above the appraised price need not be 
        applied proportionately to the appraised price of each of the 
        different species of timber. 
           Sec. 30.  [EFFECT ON ADMINISTRATIVE RULES.] 
           Notwithstanding Minnesota Statutes, section 14.05, 
        subdivision 1, the repeal by amendment of the rule authorization 
        in Minnesota Statutes, section 97C.605, subdivision 3, in this 
        act does not repeal existing rules authorized under that 
        subdivision.  The existing rules remain in effect under the new 
        subdivision 6 of Minnesota Statutes, section 97C.605, until 
        modified by the commissioner of natural resources. 
           Sec. 31.  [AQUATIC PLANT CONTROL PERMIT PROGRAM REVIEW 
        PROPOSAL.] 
           By October 15, 2002, the commissioner of natural resources 
        must submit a proposal to the governor and members of the 
        legislative fiscal and policy committees with jurisdiction over 
        natural resources to review the aquatic plant control permit 
        program under Minnesota Statutes, section 103G.615. 
           Sec. 32.  [STUDY AND REPORT.] 
           The commissioner of natural resources must review Minnesota 
        Statutes 2000, sections 84.029, 84A.55, and 85.04, and the 
        February 2002 operational order on natural resources officers, 
        and analyze the citation authority for nonconservation officers 
        and how that differs from conservation officer authority 
        generally under the jurisdiction of the commissioner.  Included 
        in the review must be an analysis of citations given and 
        proposed to be given by any employee under the commissioner.  A 
        report on the study's findings must be given to the house of 
        representatives and senate chairs of the environmental and 
        natural resources policy and the crime prevention committees by 
        January 15, 2003. 
           Sec. 33.  [MOTORIZED TRAIL TASK FORCE; STATE FOREST LANDS.] 
           (a) The commissioner of natural resources shall establish a 
        motorized trail task force to review, advise, and provide 
        recommendations on use and management of off-highway vehicles on 
        state forest lands.  The task force shall consist of 
        representatives of off-highway vehicle users, nonmotorized 
        forest interests, nonstate forest land managers, the department 
        of natural resources, and other appropriate parties. 
           (b) The task force shall review and make recommendations on 
        the following: 
           (1) the overall quantity and distribution of motorized 
        trails on state forest lands and a time frame for trail 
        development; 
           (2) a process for trail planning and trail project 
        development including assessment of opportunities for public 
        notification and involvement; 
           (3) current monitoring, maintenance, and enforcement 
        activities on motorized trails and plans for future management; 
           (4) current forest recreation rules and need for 
        modifications; 
           (5) financial resources necessary for current and future 
        all-terrain vehicle trail development, management, and 
        enforcement of trail regulations; 
           (6) recreational interests of nonmotorized forest users 
        impacted by all-terrain vehicle trail use; 
           (7) natural resource protection concerns regarding 
        all-terrain vehicle trail use including, but not limited to, 
        soil erosion and noise impacts; and 
           (8) other issues relating to motorized trails, as 
        determined by the task force. 
           (c) Task force members may be reimbursed as provided in 
        Minnesota Statutes, section 15.059, subdivision 6. 
           (d) The task force shall report its recommendations by 
        January 15, 2003, to the commissioner and the senate and house 
        of representatives policy and finance committees with 
        jurisdiction over natural resources. 
           Sec. 34.  [REPEALER.] 
           Minnesota Statutes 2000, sections 90.50; 97C.003; and 
        97C.605, subdivision 4, are repealed. 
           Sec. 35.  [EFFECTIVE DATE.] 
           Sections 7; 11, clause (12); 18; and 19 are effective March 
        1, 2003.  Sections 3, 21, and 29 are effective the day following 
        final enactment. 
           Presented to the governor April 25, 2002 
           Signed by the governor April 29, 2002, 1:25 p.m.