Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 146-H.F.No. 847
An act relating to game and fish; modifying purchasing
requirements; providing for background checks;
modifying certain definitions; providing for special
fish management tags; specifying status of and
regulating stands and blinds on public lands;
modifying authority to take animals causing damage;
modifying use of scopes and laser sights by visually
impaired hunters; modifying certain license
requirements; modifying restrictions on taking
waterfowl and big game; authorizing rulemaking;
modifying requirements for field training hunting
dogs; modifying certain seasons; modifying trapping
provisions; modifying period for treeing raccoons;
prohibiting computer-assisted remote hunting;
modifying restrictions on decoys; modifying
disposition of state hatchery products; modifying
fishing and commercial fishing provisions; repealing
authority for the Mississippi River Fish Refuge;
repealing authority to issue certain orders; amending
Minnesota Statutes 2004, sections 84.025, subdivision
10; 84.027, subdivision 13, by adding a subdivision;
84.91, subdivision 1; 84.9256, subdivision 1; 97A.015,
subdivisions 29, 49; 97A.045, subdivision 1; 97A.401,
subdivision 5; 97A.405, subdivision 4, by adding a
subdivision; 97A.435, subdivisions 2, 4; 97A.441,
subdivision 7; 97A.451, subdivisions 3, 5; 97A.465, by
adding a subdivision; 97A.475, subdivisions 7, 16;
97A.485, subdivision 9; 97B.005, subdivisions 1, 3;
97B.015, subdivisions 1, 2, 5; 97B.025; 97B.031,
subdivisions 1, 5; 97B.111, subdivision 2; 97B.621,
subdivision 2; 97B.625, subdivision 2; 97B.631,
subdivision 2; 97B.655, subdivision 2; 97B.711,
subdivision 1; 97B.725; 97B.803; 97B.805, subdivision
1; 97B.811, subdivisions 3, 4a; 97C.203; 97C.327;
97C.345, subdivision 2; 97C.395, subdivision 1;
97C.401, subdivision 2; 97C.825, subdivision 5;
171.07, subdivision 13; 349.12, subdivision 25;
proposing coding for new law in Minnesota Statutes,
chapter 97B; repealing Minnesota Statutes 2004,
sections 88.27; 97B.005, subdivision 4; 97B.935;
97C.015; 97C.403; 97C.825, subdivisions 6, 7, 8, 9;
Minnesota Rules, parts 6234.2300, subparts 2, 3;
6236.1100; 6236.1300.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 84.025,
subdivision 10, is amended to read:
Subd. 10. [RECREATIONAL VEHICLES AND BOATS USED FOR PUBLIC
PURPOSES.] All snowmobiles and outboard motors that are
purchased by the commissioner of natural resources must be of
the four-stroke engine model, except that the commissioner may
purchase models with two-stroke engines if the commissioner
determines that they are as environmentally efficient or that
four-stroke engines are not practical for the intended natural
resource management purpose. The commissioner shall give
preference to engine models manufactured in the United States.
All all-terrain vehicles purchased by the commissioner must be
manufactured in the state of Minnesota.
Sec. 2. Minnesota Statutes 2004, section 84.027,
subdivision 13, is amended to read:
Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of
natural resources may adopt rules under sections 97A.0451 to
97A.0459 and this subdivision that are authorized under:
(1) chapters 97A, 97B, and 97C to set open seasons and
areas, to close seasons and areas, to select hunters for areas,
to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species,
to prevent or control wildlife disease, and to prohibit or allow
importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for
harvesting wild ginseng roots and wild rice and to restrict or
prohibit harvesting in designated areas; and
(3) section 84D.12 to designate prohibited invasive
species, regulated invasive species, unregulated nonnative
species, and infested waters.
(b) If conditions exist that do not allow the commissioner
to comply with sections 97A.0451 to 97A.0459, the commissioner
may adopt a rule under this subdivision by submitting the rule
to the attorney general for review under section 97A.0455,
publishing a notice in the State Register and filing the rule
with the secretary of state and the Legislative Coordinating
Commission, and complying with section 97A.0459, and including a
statement of the emergency conditions and a copy of the rule in
the notice. The notice may be published after it is received
from the attorney general or five business days after it is
submitted to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon
publishing in the State Register and may be effective up to
seven days before publishing and filing under paragraph (b), if:
(1) the commissioner of natural resources determines that
an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the
commissioner publishes the rule once in a legal newspaper
published in Minneapolis, St. Paul, and Duluth, or for a rule
that affects three or fewer counties the commissioner publishes
the rule once in a legal newspaper in each of the affected
counties.
(d) Except as provided in paragraph (e), a rule published
under paragraph (c), clause (3), may not be effective earlier
than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may
be effective the day the rule is published if the commissioner
gives notice and holds a public hearing on the rule within 15
days before publication.
(f) The commissioner shall attempt to notify persons or
groups of persons affected by rules adopted under paragraphs (b)
and (c) by public announcements, posting, and other appropriate
means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under
this subdivision is effective for the period stated in the
notice but not longer than 18 months after the rule is adopted.
Sec. 3. Minnesota Statutes 2004, section 84.027, is
amended by adding a subdivision to read:
Subd. 17. [BACKGROUND CHECKS FOR VOLUNTEER
INSTRUCTORS.] (a) The commissioner may conduct background checks
for volunteer instructor applicants for department safety
training and education programs, including the programs
established under sections 84.791 (youth off-highway motorcycle
safety education and training), 84.86 and 84.862 (youth and
adult snowmobile safety training), 84.925 (youth all-terrain
vehicle safety education and training), 97B.015 (youth firearms
safety training), and 97B.025 (hunter and trapper education and
training).
(b) The commissioner shall perform the background check by
retrieving criminal history data maintained in the criminal
justice information system (CJIS) and other data sources.
(c) The commissioner shall develop a standardized form to
be used for requesting a background check, which must include:
(1) a notification to the applicant that the commissioner
will conduct a background check under this section;
(2) a notification to the applicant of the applicant's
rights under paragraph (d); and
(3) a signed consent by the applicant to conduct the
background check expiring one year from the date of signature.
(d) The volunteer instructor applicant who is the subject
of a background check has the right to:
(1) be informed that the commissioner will request a
background check on the applicant;
(2) be informed by the commissioner of the results of the
background check and obtain a copy of the background check;
(3) obtain any record that forms the basis for the
background check and report;
(4) challenge the accuracy and completeness of the
information contained in the report or a record; and
(5) be informed by the commissioner if the applicant is
rejected because of the result of the background check.
Sec. 4. Minnesota Statutes 2004, section 84.91,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other
person having charge or control of any snowmobile or all-terrain
vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol
or a controlled substance or other substance to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.
(b) No owner or other person having charge or control of
any snowmobile or all-terrain vehicle shall knowingly authorize
or permit any person, who by reason of any physical or mental
disability is incapable of operating the vehicle, to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state is subject to
chapter 169A. In addition to the applicable sanctions under
chapter 169A, a person who is convicted of violating section
169A.20 or an ordinance in conformity with it while operating a
snowmobile or all-terrain vehicle, or who refuses to comply with
a lawful request to submit to testing under sections 169A.50 to
169A.53 or an ordinance in conformity with it, shall be
prohibited from operating the snowmobile or all-terrain vehicle
for a period of one year. The commissioner shall notify the
person of the time period during which the person is prohibited
from operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as
defined in section 169A.03. Otherwise, administrative and
judicial review of the prohibition is governed by section
169A.53.
(e) The court shall promptly forward to the commissioner
and the Department of Public Safety copies of all convictions
and criminal and civil sanctions imposed under this section and
chapter chapters 169 and 169A relating to snowmobiles and
all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from
operating a vehicle under paragraph (c) is guilty of a
misdemeanor.
Sec. 5. Minnesota Statutes 2004, section 84.9256,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a)
Except for operation on public road rights-of-way that is
permitted under section 84.928, a driver's license issued by the
state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or
waters.
(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may
make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands
and waters, only if that person possesses a valid all-terrain
vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years
of age or older who holds a valid driver's license.
(d) All-terrain vehicle safety certificates issued by the
commissioner to persons 12 years old, but less than 16 years
old, are not valid for machines in excess of 90cc engine
capacity unless:
(1) the person successfully completed the safety education
and training program under section 84.925, subdivision 1,
including a riding component; and
(2) the riding component of the training was conducted
using an all-terrain vehicle with over 90cc engine capacity; and
(3) the person is able to properly reach and control the
handle bars and reach the foot pegs while sitting upright on the
seat of the all-terrain vehicle.
Sec. 6. Minnesota Statutes 2004, section 97A.015,
subdivision 29, is amended to read:
Subd. 29. [MINNOWS.] "Minnows" means: (1) members of the
minnow family, Cyprinidae, except carp and goldfish; (2) members
of the mudminnow family, Umbridae; (3) members of the sucker
family, Catostomidae, not over 12 inches in length; (4)
bullheads, ciscoes, lake whitefish, goldeyes, and mooneyes, not
over seven inches long; and (5) leeches; and (6) tadpole madtoms
(willow cats) and stonecats.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 7. Minnesota Statutes 2004, section 97A.015,
subdivision 49, is amended to read:
Subd. 49. [UNDRESSED BIRD.] "Undressed bird" means:
(1) a bird, excluding migratory waterfowl, pheasant,
Hungarian partridge, turkey, or grouse, with feet and feathered
head intact;
(2) a migratory waterfowl, excluding geese, with a fully
feathered wing and head attached;
(3) a pheasant, Hungarian partridge, turkey, or grouse with
one leg and foot or the fully feathered head or wing intact; or
(4) a goose with a fully feathered wing attached.
Sec. 8. Minnesota Statutes 2004, section 97A.045,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES; GENERALLY.] The commissioner shall
do all things the commissioner determines are necessary to
preserve, protect, and propagate desirable species of wild
animals. The commissioner shall make special provisions for the
management of fish and wildlife to ensure recreational
opportunities for anglers and hunters. The commissioner shall
acquire wild animals for breeding or stocking and may dispose of
or destroy undesirable or predatory wild animals and their dens,
nests, houses, or dams.
Sec. 9. Minnesota Statutes 2004, section 97A.401,
subdivision 5, is amended to read:
Subd. 5. [WILD ANIMALS DAMAGING PROPERTY.] Special permits
may be issued with or without a fee to take protected wild
animals that are damaging property or to remove or destroy their
dens, nests, houses, or dams. A special permit issued under
this subdivision to take beaver must state the number to be
taken.
Sec. 10. Minnesota Statutes 2004, section 97A.405,
subdivision 4, is amended to read:
Subd. 4. [REPLACEMENT LICENSES.] (a) The commissioner may
permit licensed firearms deer hunters to change zone, license,
or season options before the regular firearms deer season
begins. The commissioner may issue a replacement license if the
applicant submits the original firearms deer license and unused
tags that is are being replaced and the applicant pays any
increase in cost between the original and the replacement
license. When a person submits both an archery and a firearms
license for replacement, the commissioner may apply the value of
both licenses towards the replacement license fee.
(b) A replacement license may be issued only if the
applicant has not used any tag from the original license and
meets the conditions of paragraph (c). The original license and
all unused tags for that license must be submitted to the
issuing agent at the time the replacement license is issued.
(c) A replacement license may be issued under the following
conditions, or as otherwise prescribed by rule of the
commissioner:
(1) when the season for the license being surrendered has
not yet opened; or
(2) when the person is upgrading from a regular firearms or
archery deer license to a deer license that is valid in multiple
zones.
(d) Notwithstanding section 97A.411, subdivision 3, a
replacement license is valid immediately upon issuance if the
license being surrendered is valid at that time.
Sec. 11. Minnesota Statutes 2004, section 97A.405, is
amended by adding a subdivision to read:
Subd. 5. [RESIDENT LICENSES.] To obtain a resident
license, a resident 21 years of age or older must:
(1) possess a current Minnesota driver's license;
(2) possess a current identification card issued by the
commissioner of public safety; or
(3) present evidence showing proof of residency in cases
when clause (1) or (2) would violate the Religious Freedom
Restoration Act of 1993, Public Law 103-141.
Sec. 12. Minnesota Statutes 2004, section 97A.435,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] Persons eligible for a turkey
license shall be determined by this section and commissioner's
rule. A person is eligible for a turkey license only if the
person is at least age 16 before the season opens or, possesses
a firearms safety certificate, or, if under age 12, is
accompanied by a parent or guardian.
Sec. 13. Minnesota Statutes 2004, section 97A.435,
subdivision 4, is amended to read:
Subd. 4. [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a)
The commissioner may conduct a separate selection for up to 20
percent of the turkey licenses to be issued for any area. Only
persons who are owners or tenants of and who live on at least 40
acres of land in the area, and their family members, are
eligible applicants for turkey licenses for the separate
selection. The qualifying land 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 turkey hunting
on their land during that turkey season. A license issued under
this subdivision is restricted to the land owned or leased by
the holder of the license within the permit area where the
qualifying land is located.
(b) The commissioner may by rule establish criteria for
determining eligible family members under this subdivision.
Sec. 14. Minnesota Statutes 2004, section 97A.441,
subdivision 7, is amended to read:
Subd. 7. [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The
commissioner may issue, without a fee, a license to take an
antlerless deer to a person who is an owner or tenant and is
living and actively farming on at least 80 acres of agricultural
land, as defined in section 97B.001, in deer permit areas that
have deer archery licenses to take additional deer under section
97B.301, subdivision 4. A person may receive only one license
per year under this subdivision. For properties with co-owners
or cotenants, only one co-owner or cotenant may receive a
license under this subdivision per year. The license issued
under this subdivision is restricted to the land owned or leased
for agricultural purposes or owned by the holder of the license
within the permit area where the qualifying land is located.
The holder of the license may transfer the license to the
holder's spouse or dependent. Notwithstanding sections 97A.415,
subdivision 1, and 97B.301, subdivision 2, the holder of the
license may purchase an additional license for taking deer and
may take an additional deer under that license.
(b) A person who obtains a license under paragraph (a) must
allow public deer hunting on their land during that deer hunting
season, with the exception of the first Saturday and Sunday
during the deer hunting season applicable to the license issued
under section 97A.475, subdivision 2, clauses (4) and (13).
Sec. 15. Minnesota Statutes 2004, section 97A.451,
subdivision 3, is amended to read:
Subd. 3. [RESIDENTS UNDER AGE 16; SMALL GAME.] (a) A
resident under age 16 may not obtain a small game license but
may take small game by firearms or bow and arrow without a
license if the resident is:
(1) age 14 or 15 and possesses a firearms safety
certificate;
(2) age 13, possesses a firearms safety certificate, and is
accompanied by a parent or guardian; or
(3) age 12 or under and is accompanied by a parent or
guardian.
(b) A resident under age 16 may take small game by trapping
without a small game license, but a resident 13 years of age or
older must have a trapping license. A resident under age 13 may
trap without a trapping license, but may not register fisher,
otter, bobcat, or pine marten unless the resident is at least
age five. Any fisher, otter, bobcat, or pine marten taken by a
resident under age five must be included in the limit of the
accompanying parent or guardian.
(c) A resident under age 12 may apply for a turkey license
and may take a turkey without a firearms safety certificate if
the resident is accompanied by an adult parent or guardian who
has a firearms safety certificate.
Sec. 16. Minnesota Statutes 2004, section 97A.451,
subdivision 5, is amended to read:
Subd. 5. [NONRESIDENTS UNDER AGE 16.] (a) A nonresident
under the age of 16 may take fish by angling without a license
if a parent or guardian has a fishing license. Fish taken by a
nonresident under the age of 16 without a license must be
included in the limit of the parent or guardian.
(b) A nonresident under age 16 may purchase a nonresident
fishing license at the resident fee or be included under a
nonresident family license, take fish by angling, and possess a
limit of fish.
[EFFECTIVE DATE.] This section is effective March 1, 2006.
Sec. 17. Minnesota Statutes 2004, section 97A.465, is
amended by adding a subdivision to read:
Subd. 5. [PREFERENCE TO SERVICE MEMBERS.] (a) For purposes
of this subdivision:
(1) "qualified service member or veteran" means a Minnesota
resident who is currently serving, or has served at any time
during the past 24 months, in active service as a member of the
United States armed forces, including the National Guard or
other military reserves; and
(2) "active service" means service defined under section
190.05, subdivision 5b or 5c.
(b) Notwithstanding any other provision of this chapter,
chapter 97B or 97C, or administrative rules, the commissioner
may give first preference to qualified service members or
veterans in any drawing or lottery involving the selection of
applicants for hunting or fishing licenses, permits, and special
permits. This subdivision does not apply to licenses or permits
for taking moose, elk, or prairie chickens. Actions of the
commissioner under this subdivision are not rules under the
Administrative Procedures Act and section 14.386 does not apply.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 18. Minnesota Statutes 2004, section 97A.475,
subdivision 7, is amended to read:
Subd. 7. [NONRESIDENT FISHING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take fish by angling, $34;
(2) to take fish by angling limited to seven consecutive
days selected by the licensee, $24;
(3) to take fish by angling for a 72-hour period selected
by the licensee, $20;
(4) to take fish by angling for a combined license for a
family for one or both parents and dependent children under the
age of 16, $46;
(5) to take fish by angling for a 24-hour period selected
by the licensee, $8.50; and
(6) to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days selected by one
of the licensees, $35.
[EFFECTIVE DATE.] This section is effective March 1, 2006.
Sec. 19. Minnesota Statutes 2004, section 97A.475,
subdivision 16, is amended to read:
Subd. 16. [RESIDENT HUNTING GUIDES.] The fees fee for the
following a resident guide licenses are:
(1) license to guide bear hunters, is $82.50; and
(2) to guide turkey hunters, $22.
Sec. 20. Minnesota Statutes 2004, section 97A.485,
subdivision 9, is amended to read:
Subd. 9. [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON
OPENS.] The following licenses A license to guide bear hunters
may not be issued after the day before the opening of the
related firearms season:
(1) to guide bear hunters; and
(2) to guide turkey hunters.
Sec. 21. Minnesota Statutes 2004, section 97B.005,
subdivision 1, is amended to read:
Subdivision 1. [FIELD TRAINING; PERMIT REQUIRED FOR
CERTAIN PERIOD.] A person may not train hunting dogs afield on
public lands from April 16 to July 14 except by special permit.
The commissioner may issue a special permit, without a fee, to
train hunting dogs afield on land owned by the trainer or on
land that the owner provides written permission. The written
permission must be carried in personal possession of the trainer
while training the dogs.
Sec. 22. Minnesota Statutes 2004, section 97B.005,
subdivision 3, is amended to read:
Subd. 3. [PERMITS FOR ORGANIZATIONS AND INDIVIDUALS TO USE
GAME BIRDS AND FIREARMS.] (a) The commissioner may issue special
permits, without a fee, to organizations and individuals to use
firearms and live ammunition on domesticated birds or banded
game birds from game farms.
(b) Permits for holding field trials and may be issued to
organizations. The permit shall specify the dates and locations
of the field trial. The commissioner may limit the number of
dates approved for any organization.
(c) Permits for training hunting dogs may be issued to an
individual.
(d) Domesticated birds, other than pigeons, and game farm
birds used for trials or training under this section must be
clearly marked with dye or a streamer attached to a leg in a
manner that makes them visually identifiable prior to being
taken.
Sec. 23. Minnesota Statutes 2004, section 97B.015,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner shall
make rules establishing establish a statewide course in the safe
use of firearms and identification of wild mammals and
birds. At least one course must be held within the boundary of
each school district. A course may be held in a school district.
The courses must be conducted by the commissioner in cooperation
with other organizations. The courses must instruct youths in
commonly accepted principles of safety in hunting and handling
common hunting firearms and identification of various species of
wild mammals and birds by sight and other unique characteristics.
Sec. 24. Minnesota Statutes 2004, section 97B.015,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.]
(a) The commissioner shall appoint a qualified person from the
Enforcement Division under civil service rules as supervisor of
hunting safety and prescribe the duties and responsibilities of
the position. The commissioner shall determine and provide the
Enforcement Division with the necessary personnel for this
section.
(b) The commissioner may appoint one or more county
directors of hunting safety in each county. An appointed county
director is responsible to the Enforcement Division. The
Enforcement Division may appoint instructors necessary for this
section. County directors and Instructors shall serve on a
voluntary basis without compensation. The Enforcement Division
must supply the materials necessary for the course. School
districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the
training.
Sec. 25. Minnesota Statutes 2004, section 97B.015,
subdivision 5, is amended to read:
Subd. 5. [FIREARMS SAFETY CERTIFICATE.] The commissioner
shall issue a firearms safety certificate to a person that
satisfactorily completes the required course of instruction. A
person must be at least age 11 to take the firearms safety
course and may receive a firearms safety certificate, but the
certificate is not valid for hunting until the person is at
least reaches age 12. A person who is age 11 and has a firearms
safety certificate may purchase a deer, bear, turkey, or prairie
chicken license that will become valid when the person reaches
age 12. A firearms safety certificate issued to a person under
age 12 by another state as provided in section 97B.020 is not
valid for hunting in Minnesota until the person reaches age 12.
The form and content of the firearms safety certificate shall be
prescribed by the commissioner.
Sec. 26. Minnesota Statutes 2004, 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. A fee shall be collected for
issuing a duplicate certificate. The commissioner shall
establish the fees in a manner that neither significantly
overrecovers nor underrecovers costs, including overhead costs,
involved in providing the services. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386 does
not apply. The commissioner may establish the fees
notwithstanding section 16A.1283. 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 for each
course, 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, electronic, or correspondence
instruction 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 issue a certificate to persons who complete
the program. The association shall be responsible for all costs
of conducting the education program, and shall not charge any
fee for attending the course.
Sec. 27. [97B.026] [TRAPPER EDUCATION CERTIFICATE
REQUIREMENT.]
A person born after December 31, 1989, and who has not been
issued a trapping license in a previous license year, may not
obtain a trapping license unless the person has been issued a
trapper education certificate under section 97B.025, paragraph
(b).
[EFFECTIVE DATE.] This section is effective March 1, 2007.
Sec. 28. Minnesota Statutes 2004, 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, a .45 Winchester Magnum cartridge, or a
.50 A. E. (Action Express) handgun cartridge.
Sec. 29. Minnesota Statutes 2004, section 97B.031,
subdivision 5, is amended to read:
Subd. 5. [SCOPES; VISUALLY IMPAIRED HUNTERS.] (a)
Notwithstanding any other law to the contrary, the commissioner
may issue a special permit, without a fee, to use a muzzleloader
with a scope to take deer during the muzzleloader season to a
person who obtains the required licenses and who has a visual
impairment. The scope may not have magnification capabilities.
(b) The visual impairment must be to the extent that the
applicant is unable to identify targets and the rifle sights at
the same time without a scope. The visual impairment and
specific conditions must be established by medical evidence
verified in writing by a licensed physician, ophthalmologist, or
optometrist. The commissioner may request additional
information from the physician if needed to verify the
applicant's eligibility for the permit. Notwithstanding section
97A.418, the commissioner may, in consultation with appropriate
advocacy groups, establish reasonable minimum standards for
permits to be issued under this subdivision.
(c) A permit issued under this subdivision may be valid for
up to five years, based on the permanence of the visual
impairment as determined by the licensed physician,
ophthalmologist, or optometrist.
(d) The permit must be in the immediate possession of the
permittee when hunting under the special permit.
(e) The commissioner may deny, modify, suspend, or revoke a
permit issued under this subdivision for cause, including a
violation of the game and fish laws or rules.
(e) (f) A person who knowingly makes a false application or
assists another in making a false application for a permit under
this subdivision is guilty of a misdemeanor. A physician,
ophthalmologist, or optometrist who fraudulently certifies to
the commissioner that a person is visually impaired as described
in this subdivision is guilty of a misdemeanor.
Sec. 30. Minnesota Statutes 2004, section 97B.111,
subdivision 2, is amended to read:
Subd. 2. [PERMIT FOR ORGANIZATION.] (a) The commissioner
may issue a special permit without a fee to a nonprofit
organization to provide an assisted hunting opportunity to
physically disabled hunters. The assisted hunting opportunity
may take place:
(1) in areas designated by the commissioner under
subdivision 1; or
(2) on private property or a licensed shooting preserve.
(b) The sponsoring organization shall provide a physically
capable person to assist each disabled hunter with
safety-related aspects of hunting and, notwithstanding section
97B.081, a person with a physical disability who is totally
blind may use laser sights.
(c) The commissioner may impose reasonable permit
conditions.
Sec. 31. [97B.115] [COMPUTER-ASSISTED REMOTE HUNTING
PROHIBITION.]
(a) No person shall operate, provide, sell, use or offer to
operate, provide, sell or use any computer software or service
that allows a person, not physically present at the site, to
remotely control a weapon that could be used to take any wild
animal by remote operation, including, but not limited to,
weapons or devices set up to fire through the use of the
Internet or through a remote control device.
(b) A person who violates this section is guilty of a
misdemeanor.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 32. [97B.326] [STANDS AND BLINDS ON PUBLIC LANDS.]
Any unoccupied permanent stand or blind on public land is
public and not the property of the person who constructed it.
[EFFECTIVE DATE.] This section is effective August 1, 2006.
Sec. 33. Minnesota Statutes 2004, section 97B.621,
subdivision 2, is amended to read:
Subd. 2. [PERIOD FOR TREEING RACCOONS.] Notwithstanding
subdivision 1 and section 97B.005, subdivision 1, a person may
use dogs to pursue and tree raccoons without killing or
capturing the raccoons:
(1) from January 1 to April 15 and from July 15 to October
14; and
(2) from April 16 to July 14 in raccoon dog field trials
under special permit issued by the commissioner under section
97B.005, subdivision 1 during the closed season and a license is
not required.
Sec. 34. Minnesota Statutes 2004, section 97B.625,
subdivision 2, is amended to read:
Subd. 2. [PERMIT REQUIRED TO USE OF A SNARE.] A person may
not use a snare to take lynx or bobcat except under a permit
from, as prescribed by the commissioner, without a permit.
Sec. 35. Minnesota Statutes 2004, section 97B.631,
subdivision 2, is amended to read:
Subd. 2. [PERMIT REQUIRED TO USE OF A SNARE.] A person may
not use a snare to take fox except under a permit from, as
prescribed by the commissioner, without a permit.
Sec. 36. Minnesota Statutes 2004, section 97B.655,
subdivision 2, is amended to read:
Subd. 2. [SPECIAL PERMIT FOR TAKING PROTECTED WILD
ANIMALS.] The commissioner may issue special permits under
section 97A.401, subdivision 5, to take protected wild animals
that are damaging property or to remove or destroy their dens,
nests, houses, or dams.
Sec. 37. Minnesota Statutes 2004, section 97B.711,
subdivision 1, is amended to read:
Subdivision 1. [SEASONS FOR CERTAIN UPLAND GAME BIRDS.]
(a) The commissioner may, by rule, prescribe an open season in
designated areas between September 16 and December 31 January 3
for:
(1) pheasant;
(2) ruffed grouse;
(3) sharp tailed grouse;
(4) Canada spruce grouse;
(5) prairie chicken;
(6) gray partridge;
(7) bob-white quail; and
(8) turkey.
(b) The commissioner may by rule prescribe an open season
for turkey in the spring.
Sec. 38. Minnesota Statutes 2004, section 97B.725, is
amended to read:
97B.725 [LICENSE REQUIRED TO GUIDE GUIDING HUNTERS.]
A person may not guide turkey hunters for compensation
without a turkey hunter guide license. The license must be
obtained before the day of the opening of the turkey season.
The commissioner shall prescribe qualifications for the issuance
of turkey hunter guide licenses.
Sec. 39. Minnesota Statutes 2004, section 97B.803, is
amended to read:
97B.803 [MIGRATORY WATERFOWL SEASONS AND LIMITS.]
(a) The commissioner shall prescribe seasons, limits, and
areas for taking migratory waterfowl in accordance with federal
law.
(b) The regular duck season may not open before the
Saturday closest to October 1.
Sec. 40. Minnesota Statutes 2004, section 97B.805,
subdivision 1, is amended to read:
Subdivision 1. [HUNTER MUST BE CONCEALED.] (a) A person
may not take migratory waterfowl, coots, or rails in open water
unless the person is:
(1) within a natural growth of vegetation sufficient to
partially conceal the person or boat; or
(2) on a river or stream that is not more than 100 yards in
width; or
(3) pursuing or shooting wounded birds.
(b) A person may not take migratory waterfowl, coots, or
rails in public waters from a permanent artificial blind or sink
box.
Sec. 41. Minnesota Statutes 2004, section 97B.811,
subdivision 3, is amended to read:
Subd. 3. [RESTRICTIONS ON LEAVING DECOYS
OVERNIGHT UNATTENDED.] During the open season for waterfowl, a
person may not leave decoys in public waters between sunset and
one hour before lawful shooting hours or leave decoys unattended
during other times for more than four consecutive hours unless:
(1) the decoys are in waters adjacent to private land under
the control of the hunter; and
(2) there is not natural vegetation growing in water
sufficient to partially conceal a hunter.
Sec. 42. Minnesota Statutes 2004, section 97B.811,
subdivision 4a, is amended 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, or other motorized device designed to
attract migratory waterfowl, other than geese. During the
remainder of the duck season, the commissioner may, by rule,
designate all or any portion of a wetland or lake closed to the
use of motorized decoys or motorized devices designed to attract
migratory waterfowl. On water bodies and lands fully contained
within wildlife management area boundaries, a person may not use
motorized decoys or motorized devices designed to attract
migratory waterfowl at any time during the duck season.
Sec. 43. Minnesota Statutes 2004, section 97C.203, is
amended to read:
97C.203 [DISPOSAL OF STATE HATCHERY EGGS OR FRY PRODUCTS.]
The commissioner shall dispose of game fish eggs and fry
fish hatchery products according to the following order of
priorities:
(1) distribution of fish eggs and fry to state hatcheries
to hatch fry or raise fingerlings for stocking waters of the
state for recreational fishing;
(2) transfer to other government agencies in exchange for
fish or wildlife resources of equal value or private fish
hatcheries in exchange for fish to be stocked in waters of the
state for recreational fishing;
(3) sale of fish eggs and fry to private fish hatcheries or
licensed aquatic farms at a price not less than the fair
wholesale market value, established as the average price charged
at the state's private hatcheries and contiguous states per
volume rates; and
(4) transfer to other government agencies, colleges, or
universities for cooperative fish management and research
purposes; and
(5) sale of not more than $25 fair market value to any
school, museum, or commercial enterprise for curriculum
implementation, educational programs, public exhibition, or
cooperative displays.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 44. Minnesota Statutes 2004, section 97C.327, is
amended to read:
97C.327 [MEASUREMENT OF FISH LENGTH.]
For the purpose of determining compliance with size limits
for fish in this chapter or in rules of the commissioner, the
length of a fish must be measured from the tip of the nose or
jaw, whichever is longer, to the farthest tip of the tail when
fully extended.
Sec. 45. Minnesota Statutes 2004, section 97C.345,
subdivision 2, is amended to read:
Subd. 2. [POSSESSION.] (a) Except as specifically
authorized, a person may not possess a spear, fish trap, net,
dip net, seine, or other device capable of taking fish on or
near any waters. Possession includes personal possession and in
a vehicle.
(b) A person may possess spears, dip nets, bows and arrows,
and spear guns allowed under section 97C.381 on or near waters
between sunrise and sunset from May 1 to the third last Sunday
in February, or as otherwise prescribed by the commissioner.
Sec. 46. Minnesota Statutes 2004, section 97C.395,
subdivision 1, is amended to read:
Subdivision 1. [DATES FOR CERTAIN SPECIES.] (a) The open
seasons to take fish by angling are as follows:
(1) for walleye, sauger, northern pike, muskellunge,
largemouth bass, and smallmouth bass, the Saturday two weeks
prior to the Saturday of Memorial Day weekend to the third last
Sunday in February;
(2) for lake trout, from January 1 to October 31;
(3) for brown trout, brook trout, rainbow trout, and
splake, between January 1 to October 31 as prescribed by the
commissioner by rule except as provided in section 97C.415,
subdivision 2; and
(4) for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the
state where fish are spawning and closing the season will
protect the resource.
Sec. 47. Minnesota Statutes 2004, section 97C.401,
subdivision 2, is amended to read:
Subd. 2. [WALLEYE; NORTHERN PIKE.] (a) Except as provided
in paragraphs paragraph (b) and (c), a person may take no more
than one walleye larger than 24 20 inches and one northern pike
larger than 30 inches daily.
(b) The restrictions in paragraph (a) do not apply to
boundary waters.
(c) On Lake of the Woods, a person may take no more than
one walleye larger than 19.5 inches and one northern pike larger
than 36 inches daily.
[EFFECTIVE DATE.] This section is effective March 1, 2006.
Sec. 48. Minnesota Statutes 2004, section 97C.825,
subdivision 5, is amended to read:
Subd. 5. [NET LIMITS FOR LAKE OF THE WOODS AND RAINY
LAKE.] (a) The maximum amount of nets permitted to be licensed
shall be:
(a) (1) in Lake of the Woods, 50-pound nets, 80,000 feet of
gill nets or 160 submerged trap nets, and 80 fyke or staked trap
nets. Licenses for submerged trap nets may be issued instead of
licenses for gill nets in the ratio of not more than one
submerged trap net per 500 feet of gill net, and the maximum
permissible amount of gill nets shall be reduced by 500 feet for
each submerged trap net licensed.; and
(b) (2) in Rainy Lake, 20-pound nets and 20,000 feet of
gill nets.
(c) When a licensee has had a license revoked or
surrendered, the commissioner shall not be required to issue
licenses for the amount of netting previously authorized under
the revoked or surrendered license.
(d) (b) Commercial fishing may be prohibited in the
Minnesota portions of international waters when it is prohibited
in the international waters by Canadian authorities.
(e) The commissioner may adopt rules to limit the total
amount of game fish taken by commercial fishing operators in
Lake of the Woods in any one season and shall apportion the
amount to each licensee in accordance with the number and length
of nets licensed.
Sec. 49. Minnesota Statutes 2004, section 171.07,
subdivision 13, is amended to read:
Subd. 13. [FIREARMS SAFETY DESIGNATION.] (a) When an
applicant has a record transmitted to the department as
described in paragraph (c) or presents:
(1) a firearms safety certificate issued for successfully
completing a firearms safety course administered under section
97B.015; or
(2) an advanced hunter certificate issued for successfully
completing an advanced hunter education course administered
under section 97B.025,
and requests a driver's license or identification card described
in paragraph (b), the department shall issue, renew, or reissue
to the applicant a driver's license or Minnesota identification
card described in paragraph (b).
(b) Pursuant to paragraph (a), the department shall issue a
driver's license or Minnesota identification card bearing a
graphic or written indication that the applicant has
successfully completed a firearms safety course administered
under section 97B.015, an advanced hunter education course
administered under section 97B.025, or both of the described
courses.
(c) The department shall maintain in its records
information transmitted electronically from the commissioner of
natural resources identifying each person to whom the
commissioner has issued a firearms safety certificate or an
advanced hunter education certificate. The records transmitted
from the Department of Natural Resources must contain the full
name and date of birth as required for the driver's license or
identification card. Records that are not matched to a driver's
license or identification card record may be deleted after seven
years.
Sec. 50. Minnesota Statutes 2004, section 349.12,
subdivision 25, is amended to read:
Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one
or more of the following:
(1) any expenditure by or contribution to a 501(c)(3) or
festival organization, as defined in subdivision 15a, provided
that the organization and expenditure or contribution are in
conformity with standards prescribed by the board under section
349.154, which standards must apply to both types of
organizations in the same manner and to the same extent;
(2) a contribution to an individual or family suffering
from poverty, homelessness, or physical or mental disability,
which is used to relieve the effects of that poverty,
homelessness, or disability;
(3) a contribution to an individual for treatment for
delayed posttraumatic stress syndrome or a contribution to a
program recognized by the Minnesota Department of Human Services
for the education, prevention, or treatment of compulsive
gambling;
(4) a contribution to or expenditure on a public or private
nonprofit educational institution registered with or accredited
by this state or any other state;
(5) a contribution to a scholarship fund for defraying the
cost of education to individuals where the funds are awarded
through an open and fair selection process;
(6) activities by an organization or a government entity
which recognize humanitarian or military service to the United
States, the state of Minnesota, or a community, subject to rules
of the board, provided that the rules must not include mileage
reimbursements in the computation of the per diem reimbursement
limit and must impose no aggregate annual limit on the amount of
reasonable and necessary expenditures made to support:
(i) members of a military marching or color guard unit for
activities conducted within the state;
(ii) members of an organization solely for services
performed by the members at funeral services; or
(iii) members of military marching, color guard, or honor
guard units may be reimbursed for participating in color guard,
honor guard, or marching unit events within the state or states
contiguous to Minnesota at a per participant rate of up to $35
per diem;
(7) recreational, community, and athletic facilities and
activities intended primarily for persons under age 21, provided
that such facilities and activities do not discriminate on the
basis of gender and the organization complies with section
349.154;
(8) payment of local taxes authorized under this chapter,
taxes imposed by the United States on receipts from lawful
gambling, the taxes imposed by section 297E.02, subdivisions 1,
4, 5, and 6, and the tax imposed on unrelated business income by
section 290.05, subdivision 3;
(9) payment of real estate taxes and assessments on
permitted gambling premises wholly owned by the licensed
organization paying the taxes, or wholly leased by a licensed
veterans organization under a national charter recognized under
section 501(c)(19) of the Internal Revenue Code, not to exceed:
(i) for premises used for bingo, the amount that an
organization may expend under board rules on rent for bingo; and
(ii) $35,000 per year for premises used for other forms of
lawful gambling;
(10) a contribution to the United States, this state or any
of its political subdivisions, or any agency or instrumentality
thereof other than a direct contribution to a law enforcement or
prosecutorial agency;
(11) a contribution to or expenditure by a nonprofit
organization which is a church or body of communicants gathered
in common membership for mutual support and edification in
piety, worship, or religious observances;
(12) payment of the reasonable costs of an audit required
in section 297E.06, subdivision 4, provided the annual audit is
filed in a timely manner with the Department of Revenue;
(13) a contribution to or expenditure on a wildlife
management project that benefits the public at-large, provided
that the state agency with authority over that wildlife
management project approves the project before the contribution
or expenditure is made;
(14) expenditures, approved by the commissioner of natural
resources, by an organization for grooming and maintaining
snowmobile trails and all-terrain vehicle trails that are (1)
grant-in-aid trails established under section 85.019, or (2)
other trails open to public use, including purchase or lease of
equipment for this purpose; projects or activities approved by
the commissioner of natural resources for:
(i) wildlife management projects that benefit the public at
large;
(ii) grant-in-aid trail maintenance and grooming
established under sections 84.83 and 84.927, and other trails
open to public use, including purchase or lease of equipment for
this purpose; or
(iii) supplies and materials for safety training and
educational programs coordinated by the Department of Natural
Resources, including the Enforcement Division;
(15) (14) conducting nutritional programs, food shelves,
and congregate dining programs primarily for persons who are age
62 or older or disabled;
(16) (15) a contribution to a community arts organization,
or an expenditure to sponsor arts programs in the community,
including but not limited to visual, literary, performing, or
musical arts;
(17) (16) an expenditure by a licensed veterans
organization for payment of water, fuel for heating,
electricity, and sewer costs for a building wholly owned or
wholly leased by and used as the primary headquarters of the
licensed veterans organization;
(18) (17) expenditure by a licensed veterans organization
of up to $5,000 in a calendar year in net costs to the
organization for meals and other membership events, limited to
members and spouses, held in recognition of military service.
No more than $5,000 can be expended in total per calendar year
under this clause by all licensed veterans organizations sharing
the same veterans post home; or
(19) (18) payment of fees authorized under this chapter
imposed by the state of Minnesota to conduct lawful gambling in
Minnesota.
(b) Notwithstanding paragraph (a), "lawful purpose" does
not include:
(1) any expenditure made or incurred for the purpose of
influencing the nomination or election of a candidate for public
office or for the purpose of promoting or defeating a ballot
question;
(2) any activity intended to influence an election or a
governmental decision-making process;
(3) the erection, acquisition, improvement, expansion,
repair, or maintenance of real property or capital assets owned
or leased by an organization, unless the board has first
specifically authorized the expenditures after finding that (i)
the real property or capital assets will be used exclusively for
one or more of the purposes in paragraph (a); (ii) with respect
to expenditures for repair or maintenance only, that the
property is or will be used extensively as a meeting place or
event location by other nonprofit organizations or community or
service groups and that no rental fee is charged for the use;
(iii) with respect to expenditures, including a mortgage payment
or other debt service payment, for erection or acquisition only,
that the erection or acquisition is necessary to replace with a
comparable building, a building owned by the organization and
destroyed or made uninhabitable by fire or natural disaster,
provided that the expenditure may be only for that part of the
replacement cost not reimbursed by insurance; (iv) with respect
to expenditures, including a mortgage payment or other debt
service payment, for erection or acquisition only, that the
erection or acquisition is necessary to replace with a
comparable building a building owned by the organization that
was acquired from the organization by eminent domain or sold by
the organization to a purchaser that the organization reasonably
believed would otherwise have acquired the building by eminent
domain, provided that the expenditure may be only for that part
of the replacement cost that exceeds the compensation received
by the organization for the building being replaced; or (v) with
respect to an expenditure to bring an existing building into
compliance with the Americans with Disabilities Act under item
(ii), an organization has the option to apply the amount of the
board-approved expenditure to the erection or acquisition of a
replacement building that is in compliance with the Americans
with Disabilities Act;
(4) an expenditure by an organization which is a
contribution to a parent organization, foundation, or affiliate
of the contributing organization, if the parent organization,
foundation, or affiliate has provided to the contributing
organization within one year of the contribution any money,
grants, property, or other thing of value;
(5) a contribution by a licensed organization to another
licensed organization unless the board has specifically
authorized the contribution. The board must authorize such a
contribution when requested to do so by the contributing
organization unless it makes an affirmative finding that the
contribution will not be used by the recipient organization for
one or more of the purposes in paragraph (a); or
(6) a contribution to a statutory or home rule charter
city, county, or town by a licensed organization with the
knowledge that the governmental unit intends to use the
contribution for a pension or retirement fund.
Sec. 51. [CONFORMING CHANGES; RULES.]
The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to amend rules to conform to sections 44 and 46. Minnesota
Statutes, section 14.386, does not apply to the rulemaking under
this section except to the extent provided under Minnesota
Statutes, section 14.388.
Sec. 52. [REPEALER.]
(a) Minnesota Statutes 2004, sections 88.27; 97B.005,
subdivision 4; 97B.935; 97C.015; 97C.403; and 97C.825,
subdivisions 6, 7, 8, and 9, are repealed.
(b) Minnesota Rules, parts 6234.2300, subparts 2 and 3;
6236.1100; and 6236.1300, are repealed.
Presented to the governor May 31, 2005
Signed by the governor June 3, 2005, 8:45 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes