Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes