Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2014, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 290--H.F.No. 2852
An act
relating to natural resources; modifying game and fish laws; modifying use of vehicles for hunting; modifying all-terrain vehicle definitions; modifying oversight committee provisions; modifying provisions for wildlife management areas; modifying trespass provisions; modifying license provisions and fees; requiring certain invasive species training; providing for certain grants; requiring development of certain master plan; modifying provisions for taking wild animals; authorizing nonlethal hazing of Canada geese; modifying disability-related angling and hunting licenses and special permit provisions; providing for designations on driver's license and Minnesota identification card; modifying requirements of raffles with a wild game or fish taking event; updating and eliminating certain obsolete language; modifying prior appropriations; authorizing certain cattail removal; requiring a report; requiring rulemaking;
amending Minnesota Statutes 2012, sections 84.154, subdivisions 1, 2, 3; 84.777, subdivision 2; 84.87, by adding a subdivision; 84.92, subdivisions 8, 9, 10; 84.944, subdivision 2; 84A.10; 84A.50; 84D.01, subdivision 8b; 97A.025; 97A.055, subdivision 4b; 97A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision 5, by adding a subdivision; 97A.405, subdivision 4a; 97A.434, subdivision 1; 97A.441, subdivisions 1, 5; 97A.473, subdivisions 2a, 2b, 5, 5a; 97A.502; 97B.001, subdivisions 3, 4, 7; 97B.031, subdivision 5; 97B.081, subdivision 3; 97B.086; 97B.095; 97B.111, subdivision 1; 97B.516; 97B.605; 97B.646; 97B.655, subdivision 1; 97B.667, subdivisions 3, 4; 97B.731, subdivision 1; 97C.821; 171.07, subdivision 15, by adding a subdivision; 349.173; Minnesota Statutes 2013 Supplement, sections 97A.441, subdivisions 6, 6a; 97A.475, subdivisions 2, 3; 97A.485, subdivision 6; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; proposing coding for new law in Minnesota Statutes, chapters 87A; 97B; 97C; repealing Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1, 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.081, subdivision 5; 97C.827; Minnesota Rules, part 6100.5100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 84.154, subdivision 1, is amended to read:
Subdivision 1.
Conservation project.
The commissioner is hereby authorized, with the approval of the Executive Council, and on such terms as may be deemed advantageous to the state, to sell and convey to the United States the fee title, free from any mineral reservation, of lands acquired by the state for the Lac qui Parle River water control project upon which dams and appurtenant structures have been or may be constructed and such rights-of-way as may be required by the United States to provide access thereto for the purposes of construction, maintenance and operation, and to grant, sell and convey either such fee title to, or flowage rights over, all lands acquired for the project on and above Lac qui Parle Lake which lie below the 935.7 foot elevation on project datum, and to grant, sell and convey flowage rights only over all lands so acquired on or above Marsh Lake which lie below the 939.5 foot elevation on project datum and over all of such lands on and above either of these lakes which lie above such elevations, and to lease to any appropriate agency of the United States for conservation purposes, subject to such flowage rights, any of such lands the ownership of which is retained by the state, or to enter into a cooperative agreement with any such agency for the development and management of any wild life or other conservation activity thereon; provided, that no such conveyance or agreement shall waive any claim of the state for reimbursement from the United States deleted text begin under the Flood Control Act of June 28, 1938, and any amendments thereofdeleted text end . Each such lease for conservation purposes and each such cooperative agreement for the development and management of wild life or other conservation activity on such lands shall contain specific conditions reserving to the public during all open seasons for hunting wild waterfowl at least 40 percent of the area of these lands suitable for hunting waterfowl as public shooting grounds.
Sec. 2.
Minnesota Statutes 2012, section 84.154, subdivision 2, is amended to read:
Subd. 2.
Commissioner may complete Lac qui Parle and Big Stone Lake projects.
deleted text begin Inasmuch as the cessation of the work relief program of the federal government and the entry of the United States into the present war prevented completion of certain contemplated features of the Lac qui Parle and Big Stone Lake water control projects heretofore undertaken by the Executive Council, in cooperation with federal agencies, and it is desirable that such projects be completed in order to secure effective control and utilization of the waters affected for the purposes of prevention and control of floods, water conservation, improvement of conditions for game and fish, and other authorized public uses,deleted text end The commissioner of natural resources is authorized to construct all works and improvements pertaining or incidental to said projects which the commissioner deems necessary for such purposes, and to maintain and operate the same so far as not transferred to the United States pursuant to law.
Sec. 3.
Minnesota Statutes 2012, section 84.154, subdivision 3, is amended to read:
Subd. 3.
Powers of commissioner.
The commissioner of natural resources may use for any project herein authorized any land of the state under the commissioner's jurisdiction or control so far as is not inconsistent with the laws governing the same, may acquire by purchase, gift, or condemnation any additional lands or interests in lands required for such projects, including lands or interests in adjacent states if authorized by the laws thereof, may accept gifts or grants of money or property from the United States or any other source for such projects, may use and apply any money or property so received in accordance with the terms of the gift or grant so far as is not inconsistent with the provisions of this section or other laws, may act in behalf of the state as sponsor for any such project undertaken or authorized by the United States, may make any sponsor's contributions required for any such project deleted text begin out of money appropriated by Laws 1943, chapter 476, or otherwise made available therefor,deleted text end and may cooperate with the United States or any adjacent state or any authorized agency of either in constructing, maintaining and operating any such project upon such terms and conditions as the commissioner may deem proper not inconsistent with the laws of this state.
Sec. 4.
Minnesota Statutes 2012, section 84.777, subdivision 2, is amended to read:
Subd. 2.
Off-highway vehiclenew text begin and snowmobilenew text end seasonal restrictions.
(a) Except for designated forest roads, a person must not operate an off-highway vehicle new text begin or snowmobile new text end on state forest lands during the firearms deer hunting season in areas of the state where deer may be taken by rifle. This paragraph does not apply to a person in possession of a valid deer hunting license operating an off-highway vehicle new text begin or snowmobile new text end before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
(b) The commissioner may designate and post winter trails on state forest lands for use by off-highway vehicles.
(c) For the purposes of this subdivision, "state forest lands" means forest lands under the authority of the commissioner as defined in section 89.001, subdivision 13, and lands managed by the commissioner under section 282.011.
Sec. 5.
Minnesota Statutes 2012, section 84.87, is amended by adding a subdivision to read:
new text begin Subd. 5. new text end
new text begin Snowmobile operation during the firearms deer season. new text end
new text begin Snowmobile operation during the firearms deer hunting season is restricted as provided in section 84.777, subdivision 2, and rules adopted by the commissioner. new text end
Sec. 6.
Minnesota Statutes 2012, section 84.92, subdivision 8, is amended to read:
Subd. 8.
All-terrain vehicle or vehicle.
"All-terrain vehicle" or "vehicle" means a motorized deleted text begin flotation-tireddeleted text end vehicle of not less than three deleted text begin low pressure tiresdeleted text end , but not more than six new text begin low pressure or non-pneumatic new text end tires, that is limited in engine displacement of less than 1,000 cubic centimeters and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.
Sec. 7.
Minnesota Statutes 2012, section 84.92, subdivision 9, is amended to read:
Subd. 9.
Class 1 all-terrain vehicle.
"Class 1 all-terrain vehicle" means an all-terrain vehicle that has a total dry weight of less than deleted text begin 1,000deleted text end new text begin 1,200new text end pounds.
Sec. 8.
Minnesota Statutes 2012, section 84.92, subdivision 10, is amended to read:
Subd. 10.
Class 2 all-terrain vehicle.
"Class 2 all-terrain vehicle" means an all-terrain vehicle that has a total dry weight of deleted text begin 1,000deleted text end new text begin 1,200new text end to 1,800 pounds.
Sec. 9.
Minnesota Statutes 2012, section 84.944, subdivision 2, is amended to read:
Subd. 2.
Designation of acquired sites.
The critical natural habitat acquired in fee title by the commissioner under this section shall be designated by the commissioner as: (1) an outdoor recreation unit pursuant to section 86A.07, subdivision 3, or (2) as provided in sections 89.018, subdivision 2, paragraph (a), 97A.101, 97A.125, new text begin and new text end 97C.001deleted text begin , and 97C.011deleted text end . The commissioner may so designate any critical natural habitat acquired in less than fee title.
Sec. 10.
Minnesota Statutes 2012, section 84A.10, is amended to read:
84A.10 EMINENT DOMAIN.
The department has the power of eminent domain in chapter 117. The department may acquire, by eminent domain or by purchase, lands or interests in lands in the preserve that the department considers necessary for state ownership, use, or development for the purposes of sections 84A.01 to deleted text begin 84A.11deleted text end new text begin 84A.101new text end . deleted text begin No money shall be used to acquire the lands or interests until the department determines that the money will not be required to meet the requisitions of the counties authorized under section 84A.04, or for payment of certificates of indebtedness and their interest.deleted text end
Sec. 11.
Minnesota Statutes 2012, section 84A.50, is amended to read:
84A.50 CERTAIN CERTIFICATES ACCEPTED AND VALIDATED.
Certificates relating to bonds issued to finance or refinance public drainage ditches, the principal and interest of the bonds, the amount of money collected from drainage assessments and credited to ditches, and the amount of the deficit in the ditch fund made by a county auditor under section deleted text begin 84A.04,deleted text end 84A.23deleted text begin ,deleted text end or 84A.33 to the commissioner of management and budget on which payment has been made by the state are accepted as correct and are validated.
Sec. 12.
Minnesota Statutes 2012, section 84D.01, subdivision 8b, is amended to read:
Subd. 8b.
Inspect.
"Inspect" means to examine water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present and includes removal, drainage, decontamination, new text begin collection and sampling, new text end or treatment to prevent the transportation and spread of aquatic invasive species, aquatic macrophytes, and water.
Sec. 13.
new text begin [87A.10] TRAP SHOOTING SPORTS FACILITY GRANTS. new text end
new text begin The commissioner of natural resources shall administer a program to provide cost-share grants to local recreational shooting clubs for up to 50 percent of the costs of developing or rehabilitating trap shooting sports facilities for public use. A facility rehabilitated or developed with a grant under this section must be open to the general public at reasonable times and for a reasonable fee on a walk-in basis. The commissioner shall give preference to projects that will provide the most opportunities for youth. new text end
Sec. 14.
Minnesota Statutes 2012, section 97A.025, is amended to read:
97A.025 OWNERSHIP OF WILD ANIMALS.
The ownership of wild animals of the state is in the state, in its sovereign capacity for the benefit of all the people of the state. A person may not acquire a property right in wild animals, or destroy them, unless authorized under the game and fish lawsdeleted text begin , sections 84.091 to 84.15,deleted text end or sections 17.47 to 17.498.
Sec. 15.
Minnesota Statutes 2012, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b.
Citizen oversight committees.
(a) The commissioner shall appoint committees of affected persons to review the reports prepared under subdivision 4; review the proposed work plans and budgets for the coming year; propose changes in policies, activities, and revenue enhancements or reductions; review other relevant information; and make recommendations to the legislature and the commissioner for improvements in the management and use of money in the game and fish fund.
(b) The commissioner shall appoint the following committees, each comprised of at least ten affected persons:
(1) a Fisheries Oversight Committee to review fisheries funding and expenditures, including activities related to trout and salmon stamps and walleye stamps; and
(2) a Wildlife Oversight Committee to review wildlife funding and expenditures, including activities related to migratory waterfowl, pheasant, and wild turkey management and deer and big game management.
(c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight Committee, and four additional members from each committee, shall form a Budgetary Oversight Committee to coordinate the integration of the fisheries and wildlife oversight committee reports into an annual report to the legislature; recommend changes on a broad level in policies, activities, and revenue enhancements or reductions; and provide a forum to address issues that transcend the fisheries and wildlife oversight committees.
(d) The Budgetary Oversight Committee shall develop recommendations for a biennial budget plan and report for expenditures on game and fish activities. By August 15 of each even-numbered year, the committee shall submit the budget plan recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance.
(e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen by their respective committees. The chair of the Budgetary Oversight Committee shall be appointed by the commissioner and may not be the chair of either of the other oversight committees.
(f) The Budgetary Oversight Committee may make recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance for outcome goals from expenditures.
(g) deleted text begin Notwithstanding section 15.059, subdivision 5, or other law to the contrary,deleted text end new text begin The committees authorized under this subdivision are not advisory councils or committees governed by section 15.059 and are not subject to section 15.059. Committee members appointed by the commissioner may request reimbursement for mileage expenses in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. Committee members must not receive daily compensation for oversight activities.new text end The Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary Oversight Committee deleted text begin do notdeleted text end expire deleted text begin untildeleted text end June 30, 2015.
Sec. 16.
Minnesota Statutes 2012, section 97A.131, is amended to read:
97A.131 deleted text begin GAME FARMS ANDdeleted text end HATCHERIES.
The commissioner may acquire property by gift, lease, purchase, or condemnation and may construct, maintain, operate, and alter facilities for deleted text begin game farms anddeleted text end hatcheries.
Sec. 17.
Minnesota Statutes 2012, section 97A.137, subdivision 3, is amended to read:
Subd. 3.
Use of motorized vehicles by disabled hunters.
The commissioner may issue a special permit, without a fee, authorizing a hunter with a permanent physical disability to use a snowmobile deleted text begin ordeleted text end new text begin , highway-licensed vehicle,new text end all-terrain vehiclenew text begin , or motor boatnew text end in wildlife management areas. To qualify for a permit under this subdivision, the disabled person must possess:
(1) the required hunting licenses; and
(2) a permit to shoot from a stationary vehicle under section 97B.055, subdivision 3.
Sec. 18.
Minnesota Statutes 2012, section 97A.137, is amended by adding a subdivision to read:
new text begin Subd. 6. new text end
new text begin Crossing state lands. new text end
new text begin (a) The commissioner may grant a permit to cross state lands within wildlife management areas for temporary right-of-way access to federal, county-managed, or privately owned lands for resource management purposes. A permit for crossing state lands within wildlife management areas is revocable at any time subject to conditions identified in the permit. new text end
new text begin (b) The commissioner may grant a permit to a private landowner or leaseholder to cross state lands within wildlife management areas by motorized vehicle for temporary right-of-way access to a permit applicant's land, when it is the only reasonable access and is consistent with the maintenance and management of wildlife lands. new text end
Sec. 19.
Minnesota Statutes 2012, section 97A.311, subdivision 5, is amended to read:
Subd. 5.
Refunds.
(a) The commissioner may issue a refund on a license, not including any issuing fees paid under section 97A.485, subdivision 6, if the request is received within 90 days of the original license purchase and:
(1) the licensee dies before the opening of the licensed season. The original license and a copy of the death certificate must be provided to the commissioner;
(2) the licensee is unable to participate in the licensed activity because the licensee is called to active military duty or military leave is canceled during the entire open season of the licensed activity. The original license and a copy of the military orders or notice of cancellation of leave must be provided to the commissioner;
(3) the licensee purchased two licenses for the same license season in error; deleted text begin ordeleted text end
(4) the licensee was not legally required to purchase the license to participate in the activitynew text begin ; ornew text end
new text begin (5) evidence is provided to the commissioner that demonstrates the license was issued incorrectly by the department or license agentnew text end .
(b) This subdivision does not apply to lifetime licenses.
Sec. 20.
Minnesota Statutes 2012, section 97A.311, is amended by adding a subdivision to read:
new text begin Subd. 6. new text end
new text begin License corrections. new text end
new text begin The commissioner may correct a license or license type and refund the difference or charge the difference of the corrected license fee if: new text end
new text begin (1) the licensee provides evidence that the license was issued incorrectly by the department or license agent; new text end
new text begin (2) the request is made within 30 days of the original license purchase; new text end
new text begin (3) the season or license activities for the original license have not yet started at the time of the request; and new text end
new text begin (4) the licensee is entitled to the corrected license. new text end
Sec. 21.
Minnesota Statutes 2012, section 97A.405, subdivision 4a, is amended to read:
Subd. 4a.
Replacement turkey licenses.
(a) The commissioner may permit licensed turkey hunters to change permit areasnew text begin , licenses,new text end or time periods within the fall turkey season, or within the spring turkey season. The commissioner may issue a replacement turkey license if the applicant submits the original turkey license and unused tags that are being replaced, and the applicant pays the fee for a replacement license under section 97A.475, subdivision 44.
(b) A replacement turkey license may be issued only if the applicant has not used the tag from the original turkey license and meets the requirements of paragraph (c). The original turkey licenses and all unused tags for the turkey licenses being replaced must be submitted to the issuing agent at the time the replacement turkey license is issued.
(c) A turkey replacement license may be issued under the following conditions, or as otherwise prescribed by rule of the commissioner:
(1) when the permit area or time period for the turkey license being surrendered has not yet opened; and
(2) licenses are available for the replacement turkey license permit area or time period for (i) areas that are not lottery areas, (ii) lottery areas that have remaining licenses, or (iii) the applicant is a youth hunter age 17 or younger.
Sec. 22.
Minnesota Statutes 2012, section 97A.434, subdivision 1, is amended to read:
Subdivision 1.
Number of licenses to be issued.
If the commissioner establishes an open season for prairie chickens deleted text begin under section 97B.711deleted text end , the commissioner shall also determine, by rule, the number of licenses to be issued.
Sec. 23.
Minnesota Statutes 2012, section 97A.441, subdivision 1, is amended to read:
Subdivision 1.
Angling and spearing; disabled residents.
new text begin (a) A person authorized to issue licenses must issue, without a fee, new text end licenses to take fish by angling or spearing deleted text begin shall be issued without a feedeleted text end to a resident who is:
(1) blind;
(2) a recipient of supplemental security income for the aged, blind, and disabled;
(3) a recipient of Social Security aid to the disabled under United States Code, title 42, section 416, paragraph (i)(l)new text begin ,new text end or section 423(d);
(4) a recipient of workers' compensation based on a finding of total and permanent disability; deleted text begin ordeleted text end
(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64new text begin ; ornew text end
new text begin (6) permanently disabled and meets the disability requirements for Supplemental Security Income or Social Security aid to the disabled under United States Code, title 42, section 416, paragraph (i)(l), or section 423(d)new text end .
new text begin (b) A driver's license or Minnesota identification card bearing the applicable designation under section 171.07, subdivision 17, serves as satisfactory evidence to obtain a license under this subdivision at all agent locations. new text end
Sec. 24.
Minnesota Statutes 2012, section 97A.441, subdivision 5, is amended to read:
Subd. 5.
Angling; disabled veterans.
new text begin (a) new text end A person authorized to issue licenses must issue, without a fee, a permanent license to take fish by angling to a resident who is a veteran, as defined in section 197.447, and that has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.
new text begin (b) A driver's license or Minnesota identification card bearing the designation under section 171.07, subdivision 15, paragraph (a), clause (2), serves as satisfactory evidence to obtain a license under this subdivision at all agent locations. new text end
Sec. 25.
Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6, is amended to read:
Subd. 6.
Taking deer; disabled veterans.
new text begin (a) new text end A person authorized to issue licenses must issue, without a fee, a license to take deer with firearms or by archery to a resident that is a veteran, as defined in section 197.447, and that has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.
new text begin (b)new text end The commissioner, upon request, must issue a permanent card documenting satisfactory evidence of 100 percent permanently disabled status.
new text begin (c)new text end The deleted text begin card servesdeleted text end new text begin following servenew text end as satisfactory evidence to obtain a license under this subdivision at all agent locationsnew text begin :new text end
new text begin (1) a card issued under paragraph (b); or new text end
new text begin (2) a driver's license or Minnesota identification card bearing the designation under section 171.07, subdivision 15, paragraph (a), clause (2)new text end .
Sec. 26.
Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6a, is amended to read:
Subd. 6a.
Taking small game; disabled veterans.
new text begin (a) new text end A person authorized to issue licenses must issue, without a fee, a license to take small game to a resident who is a veteran, as defined in section 197.447, and who has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.
new text begin (b)new text end The commissioner, upon request, must issue a permanent card documenting satisfactory evidence of 100 percent permanently disabled status.
new text begin (c)new text end The deleted text begin card servesdeleted text end new text begin following servenew text end as satisfactory evidence to obtain a license under this subdivision at all agent locationsnew text begin :new text end
new text begin (1) a card issued under paragraph (b); or new text end
new text begin (2) a driver's license or Minnesota identification card bearing the designation under section 171.07, subdivision 15, paragraph (a), clause (2)new text end .
Sec. 27.
Minnesota Statutes 2012, section 97A.473, subdivision 2a, is amended to read:
Subd. 2a.
Lifetime spearing license; fee.
(a) A resident lifetime spearing license authorizes a person to take fish by spearing in the state. The license authorizes those activities authorized by the annual resident spearing license.
(b) The fees for a resident lifetime spearing license are:
(1) age 3 and under, deleted text begin $258deleted text end new text begin $77new text end ;
(2) age 4 to age 15, deleted text begin $320deleted text end new text begin $106new text end ;
(3) age 16 to age 50, deleted text begin $372deleted text end new text begin $100new text end ; and
(4) age 51 and over, deleted text begin $173deleted text end new text begin $52new text end .
Sec. 28.
Minnesota Statutes 2012, section 97A.473, subdivision 2b, is amended to read:
Subd. 2b.
Lifetime angling and spearing license; fee.
(a) A resident lifetime angling and spearing license authorizes a person to take fish by angling or spearing in the state. The license authorizes those activities authorized by the annual resident angling and spearing licenses.
(b) The fees for a resident lifetime angling and spearing license are:
(1) age 3 and under, $380;
(2) age 4 to age 15, $509;
(3) age 16 to age 50, deleted text begin $617deleted text end new text begin $596new text end ; and
(4) age 51 and over, $386.
Sec. 29.
Minnesota Statutes 2012, section 97A.473, subdivision 5, is amended to read:
Subd. 5.
Lifetime sporting license; fee.
(a) A resident lifetime sporting license authorizes a person to take fish by angling and hunt and trap small game, other than wolves, in the state. The license authorizes those activities authorized by the annual resident angling and resident small game hunting licenses and the resident trapping license for fur-bearing animals other than wolves. The license does not include a trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required by law.
(b) The fees for a resident lifetime sporting license are:
(1) age 3 and under, deleted text begin $528deleted text end new text begin $485new text end ;
(2) age 4 to age 15, deleted text begin $728deleted text end new text begin $659new text end ;
(3) age 16 to age 50, $861; and
(4) age 51 and over, deleted text begin $602deleted text end new text begin $560new text end .
Sec. 30.
Minnesota Statutes 2012, section 97A.473, subdivision 5a, is amended to read:
Subd. 5a.
Lifetime sporting with spearing option license; fee.
(a) A resident lifetime sporting with spearing option license authorizes a person to take fish by angling or spearing and hunt and trap small game, other than wolves, in the state. The license authorizes those activities authorized by the annual resident angling, spearing, and resident small game hunting licenses and the resident trapping license for fur-bearing animals other than wolves. The license does not include a trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required by law.
(b) The fees for a resident lifetime sporting with spearing option license are:
(1) age 3 and under, deleted text begin $615deleted text end new text begin $562new text end ;
(2) age 4 to age 15, deleted text begin $800deleted text end new text begin $765new text end ;
(3) age 16 to age 50, deleted text begin $985deleted text end new text begin $961new text end ; and
(4) age 51 and over, deleted text begin $586deleted text end new text begin $612new text end .
Sec. 31.
Minnesota Statutes 2013 Supplement, 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 age 18 or over and under age 65 to take small game, $15.50;
(2) for persons age 65 or over, $7 to take small game;
(3) for persons age 18 or over to take turkey, $26;
(4) for persons age 13 or over and under age 18 to take turkey, $5;
(5) for persons age 18 or over to take deer with firearms during the regular firearms season, $30;
(6) for persons age 18 or over to take deer by archery, $30;
(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $30;
(8) to take moose, for a party of not more than six persons, $356;
(9) new text begin for persons age 18 or over new text end to take bear, $44;
(10) to take elk, for a party of not more than two persons, $287;
(11) to take Canada geese during a special season, $4;
(12) to take prairie chickens, $23;
(13) for persons age 13 or over and under age 18 to take deer with firearms during the regular firearms season, $5;
(14) for persons age 13 or over and under age 18 to take deer by archery, $5;
(15) for persons age 13 or over and under age 18 to take deer by muzzleloader during the muzzleloader season, $5;
new text begin (16) for persons age 10, 11, or 12 to take bear, no fee; new text end
new text begin (17) for persons age 13 or over and under age 18 to take bear, $5; new text end
deleted text begin (16)deleted text end new text begin (18)new text end for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $19, of which an amount equal to: one-half of the fee for the migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small game surcharge under subdivision 4, shall be deposited in the wildlife acquisition account;
deleted text begin (17)deleted text end new text begin (19)new text end for persons age 16 or over and under age 18 to take small game, $5;
deleted text begin (18)deleted text end new text begin (20) new text end to take wolf, $30;
deleted text begin (19)deleted text end new text begin (21) new text end for persons age 12 and under to take turkey, no fee;
deleted text begin (20)deleted text end new text begin (22) new text end for persons age 10, 11, or 12 to take deer by firearm, no fee;
deleted text begin (21)deleted text end new text begin (23) new text end for persons age 10, 11, or 12 to take deer by archery, no fee; and
deleted text begin (22)deleted text end new text begin (24) new text end for persons age 10, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no fee.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2014. new text end
Sec. 32.
Minnesota Statutes 2013 Supplement, section 97A.475, subdivision 3, is amended to read:
Subd. 3.
Nonresident hunting.
(a) Fees for the following licenses, to be issued to nonresidents, are:
(1) for persons age 18 or over to take small game, $90.50;
(2) for persons age 18 or over to take deer with firearms during the regular firearms season, $160;
(3) for persons age 18 or over to take deer by archery, $160;
(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $160;
(5) new text begin for persons age 18 or over new text end to take bear, $225;
(6) for persons age 18 or over to take turkey, $91;
(7) for persons age 13 or over and under age 18 to take turkey, $5;
(8) to take raccoon or bobcat, $178;
(9) to take Canada geese during a special season, $4;
(10) for persons age 13 or over and under age 18 to take deer with firearms during the regular firearms season in any open season option or time period, $5;
(11) for persons age 13 or over and under age 18 to take deer by archery, $5;
(12) for persons age 13 or over and under age 18 to take deer during the muzzleloader season, $5;
(13) new text begin for persons age 13 or over and under 18 to take bear, $5;new text end
new text begin (14) new text end for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $75, of which an amount equal to: one-half of the fee for the migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small game surcharge under subdivision 4, shall be deposited into the wildlife acquisition account;
deleted text begin (14)deleted text end new text begin (15)new text end for persons age 16 or 17 to take small game, $5;
deleted text begin (15)deleted text end new text begin (16)new text end to take wolf, $250;
deleted text begin (16)deleted text end new text begin (17)new text end for persons age 12 and under to take turkey, no fee;
deleted text begin (17)deleted text end new text begin (18)new text end for persons age ten, 11, or 12 to take deer by firearm, no fee;
deleted text begin (18)deleted text end new text begin (19)new text end for persons age ten, 11, or 12 to take deer by archery, no fee; deleted text begin anddeleted text end
deleted text begin (19)deleted text end new text begin (20)new text end for persons age ten, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no feenew text begin ; andnew text end
new text begin (21) for persons age 10, 11, or 12 to take bear, no feenew text end .
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed on this surcharge.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2014. new text end
Sec. 33.
Minnesota Statutes 2013 Supplement, section 97A.485, subdivision 6, is amended to read:
Subd. 6.
Licenses to be sold and issuing fees.
(a) Persons authorized to sell licenses under this section must issue the following licenses for the license fee and the following issuing fees:
(1) to take deer or bear with firearms and by archery, the issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1;
(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing animals, the issuing fee is $1;
(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application requires a license purchase at the time of application and the license purchase requires an application fee;
(5) for a prairie chicken license, the issuing fee is $1;
(6) for a turkey license, the issuing fee is $1;
(7) for an elk license, the issuing fee is $1;
(8) for a moose license, the issuing fee is $1;
(9) for a wolf license, the issuing fee is $1;
(10) for a stamp validation that is not issued simultaneously with a license, an issuing fee of 50 cents may be charged at the discretion of the authorized seller;
(11) for stamp validations issued simultaneously with a license, there is no fee;
(12) for licenses, seals, tags, or coupons issued without a fee under section 97A.441new text begin , subdivisions 1 new text end new text begin to 6a, new text end or 97A.465, deleted text begin the issuingdeleted text end new text begin there is nonew text end fee deleted text begin is $1deleted text end ;
(13) for lifetime licenses, there is no fee; and
(14) for all other licenses, permits, renewals, or applications or any other transaction through the electronic licensing system under this chapter or any other chapter when an issuing fee is not specified, an issuing fee of $1 may be charged at the discretion of the authorized seller.
(b) Only one issuing fee may be collected when selling more than one stamp in the same transaction after the end of the season for which the stamp was issued.
(c) The agent shall keep the issuing fee as a commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the issuing fee and that the issuing fee is kept by the seller as a commission for selling the licenses.
(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
(g) The commissioner may issue one-day angling licenses in books of ten licenses each to fishing guides operating charter boats upon receipt of payment of all license fees, excluding the issuing fee required under this section. Copies of sold and unsold licenses shall be returned to the commissioner. The commissioner shall refund the charter boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be maintained by the commissioner for one year.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2014. new text end
Sec. 34.
Minnesota Statutes 2012, section 97A.502, is amended to read:
97A.502 DEER KILLED BY MOTOR VEHICLES.
(a) Deer killed by a motor vehicle on a public road must be removed by the road authority, as defined by section 160.02, subdivision 25, unless the driver of the motor vehicle is allowed to possess the deer under paragraph (b). deleted text begin The commissioner of natural resources must provide to all road authorities standard forms for statistical purposes and the tracking of wild animals.deleted text end
(b) The driver of a motor vehicle that has collided with and killed a deer on a public road has priority for a possession permit for the entire deer if the facts indicate that the deer was not taken illegally.
Sec. 35.
Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:
Subd. 3.
Remaining on land prohibited after notice.
Except as provided in subdivision 6, a person may not remain on new text begin or return within one year to new text end any land for outdoor recreation purposes after being deleted text begin orally tolddeleted text end new text begin personally notifiednew text end not to do so by the owner, occupant, or lessee.
Sec. 36.
Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:
Subd. 4.
Entering posted land prohibited; signs.
(a) Except as provided in subdivision 6, a person may notnew text begin :new text end
new text begin (1)new text end enter, for outdoor recreation purposes, any land that is posted under this subdivision without first obtaining permission of the owner, occupant, or lesseedeleted text begin .deleted text end new text begin ; ornew text end
new text begin (2) knowingly enter, for outdoor recreation purposes, any land that is posted under this subdivision without first obtaining permission of the owner, occupant, or lessee. A person who violates this clause is subject to the penalty provided in section 97A.315, subdivision 1, paragraph (b). new text end
(b) The owner, occupant, or lessee of private land, or an authorized manager of public land may prohibit outdoor recreation on the land by posting signs once each year that:
(1) state "no trespassing" or similar terms;
(2) display letters at least two inches high;
(3) either:
(i) are signed by the owner, occupant, lessee, or authorized manager; or
(ii) include the legible name and telephone number of the owner, occupant, lessee, or authorized manager; and
(4) either:
(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded area where boundary lines are not clear, at intervals of 500 feet or less; or
(ii) mark the primary corners of each parcel of land and access roads and trails at the point of entrance to each parcel of land except that corners only accessible through agricultural land need not be posted.
(c) A person may not erect a sign that prohibits outdoor recreation or trespassing where the person does not have a property right, title, or interest to use the land.
Sec. 37.
Minnesota Statutes 2012, section 97B.001, subdivision 7, is amended to read:
Subd. 7.
Use of firearms and taking in certain areas.
(a) deleted text begin Adeleted text end new text begin Unless otherwise provided by law, a new text end person may not deleted text begin take a wild animal withdeleted text end new text begin dischargenew text end a firearm within 500 feet of a building occupied by a human or livestock without the written permission of the owner, occupant, or lessee:
(1) on another person's private land, if the land is not a licensed shooting preserve; or
(2) on a public new text begin road new text end right-of-way.
(b) No person may deleted text begin shootdeleted text end new text begin dischargenew text end a firearm within 500 feet of a stockade or corral deleted text begin containingdeleted text end new text begin confiningnew text end livestock new text begin for the purpose of normal livestock holding or sorting operations new text end without the permission of the owner, occupant, or lessee. new text begin This paragraph does not apply to persons hunting during an established hunting season on state-owned or local government-owned land that is not a road right-of-way. new text end For the purposes of this paragraph, a "stockade or corral" means a fenced enclosure for deleted text begin containingdeleted text end new text begin confiningnew text end livestock that does not enclose an area greater than one acre.
(c) A person may not take a wild animal on any land where the person is prohibited from entering by this section.
Sec. 38.
Minnesota Statutes 2012, 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 (1) a licensed physician or a certified nurse practitioner or certified physician assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist; or (3) a licensed optometrist. The commissioner may request additional information from the physician if needed to verify the applicant's eligibility for the permit.
(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.
(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, certified nurse practitioner, certified physician assistant, 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.
new text begin (g) A permit is not required under this subdivision to use an electronic range finder according to section 97B.081, subdivision 3, paragraph (c). new text end
Sec. 39.
new text begin [97B.037] CROSSBOW HUNTING; AGE 60 OR OVER. new text end
new text begin Notwithstanding section 97B.035, subdivisions 1 and 2, a person age 60 or over may take deer, bear, turkey, or rough fish by crossbow during the respective regular archery seasons. The transportation requirements of section 97B.051 apply to crossbows during the regular archery deer, bear, turkey, or rough fish season. Crossbows must meet the requirements of section 97B.106, subdivision 2. A person age 60 or over taking deer, bear, turkey, or rough fish by crossbow under this section must have a valid license to take the respective game. new text end
Sec. 40.
Minnesota Statutes 2012, section 97B.081, subdivision 3, is amended to read:
Subd. 3.
Exceptions.
(a) It is not a violation of this section for a person to:
(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;
(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial light, provided that the person is:
(i) on foot;
(ii) using a shotgun;
(iii) not within a public road right-of-way;
(iv) using a handheld or electronic calling device; and
(v) not within 200 feet of a motor vehicle; or
(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game animals, provided that the person is:
(i) on foot; and
(ii) not in possession of a firearm or bow.
(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, headlight, or other artificial light to:
(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or occupation-related activities that do not involve taking wild animals; or
(2) carry out outdoor recreation as defined in section 97B.001 that is not related to spotting, locating, or taking a wild animal.
new text begin (c) Except as otherwise provided by the game and fish laws, it is not a violation of this section for a person to use an electronic range finder device from one-half hour before sunrise until one-half hour after sunset while lawfully hunting wild animals. new text end
Sec. 41.
Minnesota Statutes 2012, section 97B.086, is amended to read:
97B.086 POSSESSION OF NIGHT VISION new text begin OR THERMAL IMAGING new text end EQUIPMENT.
(a) A person may not possess night vision new text begin or thermal imaging new text end equipment while taking wild animals or while having in possession, either individually or as one of a group of persons, a firearm, bow, or other implement that could be used to take wild animals.
(b) This section does not apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly made to contain a firearm that fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of the firearm exposed; and
(3) in the closed trunk of a motor vehicle.
(c) This section does not apply to a bow that is:
(1) completely encased or unstrung; and
(2) in the closed trunk of a motor vehicle.
(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm or bow must be placed in the rearmost location of the vehicle.
(e) This section does not apply to night vision new text begin or thermal imaging new text end equipment possessed by peace officers or military personnel while exercising their duties.
Sec. 42.
Minnesota Statutes 2012, section 97B.095, is amended to read:
97B.095 DISTURBING new text begin AND TAKING FROM new text end BURROWS AND DENS.
new text begin Subdivision 1. new text end
new text begin Disturbing burrows or dens. new text end
A person may not disturb the burrow or den of a wild animal between November 1 and April 1 without a permit.
new text begin Subd. 2. new text end
new text begin Fox dens. new text end
new text begin A person may not remove a fox from a den or trap fox within 300 feet of a fox den from April 1 to August 31. new text end
new text begin Subd. 3. new text end
new text begin Raccoon dens. new text end
new text begin A person may not take a raccoon in a den or hollow tree. new text end
Sec. 43.
new text begin [97B.099] PROHIBITED HUNTING METHODS. new text end
new text begin Subdivision 1. new text end
new text begin Open fire or smoke. new text end
new text begin A person may not take a protected wild animal with the aid of an open fire or smoke. new text end
new text begin Subd. 2. new text end
new text begin Cutting trees. new text end
new text begin A person may not take a protected wild animal by cutting down a tree occupied by a protected wild animal. new text end
Sec. 44.
Minnesota Statutes 2012, section 97B.111, subdivision 1, is amended to read:
Subdivision 1.
Establishment; requirements.
new text begin (a) new text end The commissioner may establish criteria, special seasons, and limits for persons who have a physical disability to take big game and small game with firearms and by archery in designated areas. A person hunting under this section who has a physical disability mustnew text begin :new text end
new text begin (1)new text end havenew text begin :new text end
new text begin (i) new text end a verified statement of the disability by a licensed physiciannew text begin ; ornew text end
new text begin (ii) a driver's license or Minnesota identification card bearing the applicable designation under section 171.07, subdivision 17;new text end and deleted text begin mustdeleted text end
new text begin (2)new text end be participating in a program for physically disabled hunters sponsored by a nonprofit organization that is permitted under subdivision 2.
new text begin (b)new text end Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt participants to shoot from a stationary motor vehicle. A license is not required for a person to assist a deleted text begin physically disableddeleted text end person new text begin with a physical disability who is new text end hunting during a special season under this section.
Sec. 45.
new text begin [97B.648] WOLVES. new text end
new text begin A person who unlawfully takes, transports, or possesses a wolf in violation of the game and fish laws, and has one or more prior convictions involving the taking of wolves, is liable for a civil penalty equal to the restitution value for the wolf. new text end
Sec. 46.
Minnesota Statutes 2012, section 97B.516, is amended to read:
97B.516 ELK MANAGEMENT PLAN.
The commissioner of natural resources must adopt an elk management plan that:
(1) recognizes the value and uniqueness of elk;
(2) provides for integrated management of an elk population in harmony with the environment;new text begin andnew text end
(3) affords optimum recreational opportunitiesdeleted text begin ; anddeleted text end new text begin .new text end
deleted text begin (4) restricts elk to nonagricultural land in the state. deleted text end
Sec. 47.
Minnesota Statutes 2012, section 97B.605, is amended to read:
97B.605 COMMISSIONER MAY RESTRICT TAKING OF deleted text begin CERTAINdeleted text end SMALL GAME ANIMALS.
The commissioner may new text begin by rule set open seasons for, new text end prescribe new text begin limits and new text end restrictions onnew text begin ,new text end and designate areas where deleted text begin gray and fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray fox, fisher, pine marten, opossum, wolves, and badgerdeleted text end new text begin small game as defined in section 97A.015new text end may be taken and possessed.
Sec. 48.
Minnesota Statutes 2012, section 97B.646, is amended to read:
97B.646 WOLF MANAGEMENT deleted text begin PLANdeleted text end .
new text begin (a) new text end The commissioner, in consultation with the commissioner of agriculture, shall adopt a wolf management plan that includes goals to ensure the long-term survival of the wolf in Minnesota, to reduce conflicts between wolves and humans, to minimize depredation of livestock and domestic pets, and to manage the ecological impact of wolves on prey species and other predators.
new text begin (b) The commissioner shall compile a list that is updated quarterly on known wolf deaths, based on reporting by conservation officers. The list must specify the date and location of each wolf death and must be available on the department Web site. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 49.
Minnesota Statutes 2012, section 97B.655, subdivision 1, is amended to read:
Subdivision 1.
Owners and occupants may take certain animals.
A person may take mink, squirrel, rabbit, hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the person where the animal is causing damage. The person may take the animal without a license and in any manner except by poison, or artificial lights in the closed season. Raccoons may be taken under this subdivision with artificial lights during open season. A person that kills mink, raccoon, bobcat, fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer or employee of the new text begin Fish and new text end Wildlife Division within 24 hours after the animal is killed.
Sec. 50.
Minnesota Statutes 2012, section 97B.667, subdivision 3, is amended to read:
Subd. 3.
Permits and notice; requirements.
(a) Before killing or arranging to kill a beaver under this section, the road authority or local government unit must contact a conservation officer for a special beaver permit. The conservation officer must issue the permit for any beaver subject to this section.
(b) A road authority or local government unit that kills or arranges to have killed a beaver under this section must notify a conservation officer or employee of the new text begin Fish and new text end Wildlife Division within ten days after the animal is killed.
Sec. 51.
Minnesota Statutes 2012, section 97B.667, subdivision 4, is amended to read:
Subd. 4.
Local beaver control programs.
A road authority or local government unit may, after consultation with the new text begin Fish and new text end Wildlife Division, implement a local beaver control program designed to reduce the number of incidents of beaver:
(1) interfering with or damaging a public road; or
(2) causing damage, including damage to silvicultural projects and drainage ditches, on property owned or managed by the local government unit.
The local control program may include the offering of a bounty for the lawful taking of beaver.
Sec. 52.
new text begin [97B.668] CANADA GEESE CAUSING DAMAGE. new text end
new text begin Notwithstanding sections 97B.091 and 97B.805, subdivisions 1 and 2, a person or agent of that person on lands and nonpublic waters owned or operated by the person may nonlethally scare, haze, chase, or harass Canada geese that are causing property damage from March 11 to August 31. This section does not apply to public waters as defined under section 103G.005, subdivision 15, or geese on nests unless a permit is obtained under section 97A.401. new text end
Sec. 53.
Minnesota Statutes 2012, section 97B.731, subdivision 1, is amended to read:
Subdivision 1.
Migratory game birds.
(a) Migratory game birds may be taken and possessed. A person may not take, buy, sell, possess, transport, or ship migratory game birds in violation of federal law.
(b) The commissioner shall prescribe seasons deleted text begin anddeleted text end new text begin ,new text end limitsnew text begin , and areasnew text end for migratory birds in accordance with federal law.
Sec. 54.
new text begin [97C.502] MINNOWS AND LEECHES; INVASIVE SPECIES TRAINING REQUIRED. new text end
new text begin Subdivision 1. new text end
new text begin Minnows; invasive species training required. new text end
new text begin A minnow dealer, and each person working under the minnow dealer's license, must annually satisfactorily complete aquatic invasive species-related training provided by the commissioner before taking, selling, or transporting for sale minnows within the state. new text end
new text begin Subd. 2. new text end
new text begin Training certification required. new text end
new text begin Minnow dealers, and each person working under the minnow dealer's license, must have a valid invasive species training certification in possession while taking, selling, or transporting for sale minnows within the state. A person who only sells minnows for the licensed minnow dealer at a retail location is not required to have a training certification. new text end
new text begin Subd. 3. new text end
new text begin Leeches; invasive species training required. new text end
new text begin A resident under age 18 must annually satisfactorily complete aquatic invasive species-related training provided by the commissioner before taking, selling, or transporting for sale leeches within the state. A resident under age 18 must have a valid invasive species training certification in possession while taking, selling, or transporting for sale leeches within the state. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective March 1, 2015. new text end
Sec. 55.
Minnesota Statutes 2012, section 97C.821, is amended to read:
97C.821 POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL FISH.
new text begin Subdivision 1. new text end
new text begin Transporting and holding commercial fish. new text end
Subject to the applicable provisions of the game and fish laws, fish taken under commercial fishing licenses may be possessed in any quantity, bought, sold, and transported at any time. Commercial fishing licensees may transport their catch live to holding facilities, if the licensee has exclusive control of the facilities.new text begin Licensees must annually provide the legal description and verification of exclusive control on forms provided by the commissioner with the license application.new text end Commercial fishing licensees may harvest fish from their holding facilities at any time with their licensed gear. The commissioner may prohibit the transport of live fish taken under a commercial fishing license from waters that contain nonnative species, are designated as infested waters, or are infected with any certifiable disease.
new text begin Subd. 2. new text end
new text begin Invasive species permit certification. new text end
new text begin (a) A commercial fishing licensee, and each apprentice working under the licensee's commercial fishing license, must annually complete invasive species training provided by the commissioner and pass an examination to qualify to take, sell, or transport commercial fish within the state. new text end
new text begin (b) A commercial fishing licensee, and each apprentice working under the licensee's commercial fishing license, must have a valid invasive species training certification in possession while taking, selling, or transporting commercial fish within the state. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective March 1, 2015. new text end
Sec. 56.
Minnesota Statutes 2012, section 171.07, subdivision 15, is amended to read:
Subd. 15.
Veteran designation.
(a) At the request of deleted text begin thedeleted text end new text begin an eligiblenew text end applicant and on payment of the required fee, the department shall issue, renew, or reissuenew text begin to the applicantnew text end a driver's license or Minnesota identification card bearing deleted text begin thedeleted text end new text begin anew text end designationnew text begin of:new text end
new text begin (1)new text end "Veteran" deleted text begin to an applicant who is a veteran, as defined in section 197.447.deleted text end new text begin ; ornew text end
new text begin (2) "Veteran 100% T&P." new text end
(b) At the time of the initial application for the designation provided under this subdivision, the applicant mustnew text begin :new text end
new text begin (1) be a veteran, as defined in section 197.447; new text end
new text begin (2)new text end have a certified copy of the veteran's discharge papersnew text begin ; andnew text end
new text begin (3) if the applicant is seeking the disability designation under paragraph (a), clause (2), provide satisfactory evidence of a 100 percent total and permanent service-connected disability as determined by the United States Department of Veterans Affairsnew text end .
(c) The commissioner of public safety is required to issue drivers' licenses and Minnesota identification cards with the veteran designation only after entering a new contract or in coordination with producing a new card design with modifications made as required by law.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment and applies to applications submitted on or after January 1, 2016, or the date the new driver and vehicle services information technology system is implemented, whichever comes later. new text end
Sec. 57.
Minnesota Statutes 2012, section 171.07, is amended by adding a subdivision to read:
new text begin Subd. 17. new text end
new text begin Disability designation. new text end
new text begin At the request of an applicant with permanent eligibility for a disability designation and on payment of the required fee, the department shall issue, renew, or reissue to the applicant a driver's license or Minnesota identification card bearing a physical disability designation based on the following medical conditions: new text end
new text begin (1) type 1, to an applicant who is permanently blind or disabled and meets the requirements for a free license to take fish under section 97A.441, subdivision 1, paragraph (a), clause (1), (4), (5), or (6); or new text end
new text begin (2) type 2, to an applicant who permanently meets the requirements for disability under section 97B.111, subdivision 1, paragraph (a), clause (1), item (i). new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment and applies to applications submitted on or after January 1, 2016, or the date the new driver and vehicle services information technology system is implemented, whichever comes later. new text end
Sec. 58.
Minnesota Statutes 2012, section 349.173, is amended to read:
349.173 CONDUCT OF RAFFLES.
(a) Raffle tickets or certificates of participation at a minimum must list the three most expensive prizes to be awarded and include the location, date, and time of the selection of the winning entries. If additional prizes will be awarded, a complete list of additional prizes must be publicly posted at the event and copies of the complete prize list made available upon request. Raffles conducted under the exemptions in section 349.166 may use tickets that contain only the sequential number of the raffle ticket and no other information if the organization makes a list of prizes and a statement of other relevant information required by rule available to persons purchasing tickets and if tickets are only sold at the event and on the date when the tickets are drawn.
(b) Raffles must be conducted in a manner that ensures:
(1) all entries in the raffle have an equal chance of selection;
(2) entry in the raffle is not conditioned upon any other purchase, except that a certificate of participation may be a button with a nominal value of less than $5;
(3) the method of selection is conducted in a public forum;
(4) the method of selection cannot be manipulated or based on the outcome of an event not under the control of the organization;
(5) physical presence at the raffle is not a requirement to win; and
(6) all sold and unsold tickets or certificates of participation are accounted for.
new text begin (c) An organization that is permitted under this section and authorized by the Gambling Control Board to conduct raffles, may conduct a raffle in conjunction with a wild game or fish taking event. The wild game or fish must be legally taken under chapters 97A to 97C, and rules adopted pursuant to those chapters. The organization may sell a combined ticket for a single price for the event and raffle, provided that the combined ticket states the amount of the price that applies to the wild game or fish event, and the amount that applies to the raffle. All other provisions of sections 349.11 to 349.23 apply to the raffle. new text end
deleted text begin (c)deleted text end new text begin (d)new text end Methods of selecting winning entries from a raffle other than prescribed in rule may be used with the prior written approval of the board.
Sec. 59.
Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended by Laws 2009, chapter 37, article 1, section 61, is amended to read:
Subd. 7.Fish and Wildlife Management |
123,000 | 119,000 | ||||
| Appropriations by Fund | ||
| General | -0- | (427,000) |
| Game and Fish | 123,000 | 546,000 |
$329,000 in 2009 is a reduction for fish and wildlife management.
$46,000 in 2009 is a reduction in the appropriation for the Minnesota Shooting Sports Education Center.
$52,000 in 2009 is a reduction for licensing.
$123,000 in 2008 and $246,000 in 2009 are from the game and fish fund to implement fish virus surveillance, prepare infrastructure to handle possible outbreaks, and implement control procedures for highest risk waters and fish production operations. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section 297A.94, paragraph (e), $300,000 in 2009 is from the second year appropriation in Laws 2007, chapter 57, article 1, section 4, subdivision 7, from the heritage enhancement account in the game and fish fund deleted text begin to study, predesign, and design a shooting sports facility in the seven-county metropolitan areadeleted text end new text begin for shooting sports facilities. Of this amount, $100,000 is for a grant to the Itasca County Gun Club for shooting sports facility improvements; and the remaining balance is for trap shooting facility grants under Minnesota Statutes, section 87A.10new text end . This is available onetime only and is available until expended.
$300,000 in 2009 is appropriated from the game and fish fund for only activities that improve, enhance, or protect fish and wildlife resources. This is a onetime appropriation.
Sec. 60.
new text begin HYBRID AND NARROW-LEAVED CATTAIL CONTROL; LORING PARK LAKE. new text end
new text begin Pursuant to permits issued by the Department of Natural Resources in 1997 and 2014 and this section, the Minneapolis Park and Recreation Board is authorized to remove all hybrid and narrow-leaved cattails by mechanical removal and chemical control at Loring Lake in Hennepin County, and replant the shoreland with native species in accordance with the permits issued by the Department of Natural Resources. The authority to remove all cattails under the 1997 and 2014 permits and this section is continuous. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 61.
new text begin REFUNDS; LIFETIME LICENSES. new text end
new text begin On or after the effective date of sections 27 to 30, the commissioner of natural resources may issue refunds for the difference of the price of lifetime licenses purchased between March 1, 2013, and the effective date of sections 27 to 30. new text end
Sec. 62.
new text begin GRAY PARTRIDGE BAG LIMIT; RULEMAKING. new text end
new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part 6234.0500, by adding a new subpart to read: "A person may not take more than five gray partridge per day or possess more than ten gray partridge at a time." new text end
new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided in Minnesota Statutes, section 14.388. new text end
Sec. 63.
new text begin RULEMAKING; SNOWMOBILE OPERATION DURING FIREARMS DEER SEASON. new text end
new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part 6232.0300, subpart 7, item C, by: new text end
new text begin (1) adding a new subitem (3) to read: "(3) a licensed deer hunter may operate a snowmobile on state and grant-in-aid trails during the deer season"; and new text end
new text begin (2) deleting "Legal use of snowmobiles during the open deer season is governed by part 6100.5100." new text end
new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388. new text end
Sec. 64.
new text begin RULEMAKING; USE OF RABBITS AND HARES TO TRAIN DOGS. new text end
new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part 6234.0600, to add the following language: "A person may use dogs to pursue rabbits and hares without killing or capturing the rabbits and hares at any time during the year except from April 16 to July 14 or under permit." new text end
new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388. new text end
Sec. 65.
new text begin MINNESOTA RIVER VALLEY; MASTER PLAN. new text end
new text begin The commissioner of natural resources shall develop a master plan in accordance with Minnesota Statutes, section 86A.09, to conserve the natural and cultural resources of the Minnesota River Valley area in Redwood and Renville Counties and to provide for the shared use, enjoyment, and understanding of these resources through a broad selection of outdoor recreational opportunities and recreational travel routes that connect units of the outdoor recreation system in the river valley, including a connection to the Minnesota River State Trail authorized in Minnesota Statutes, section 85.015, subdivision 22. The plan shall address the impacts to the natural and cultural resources, interpretive services, recreational opportunities, and administrative activities in the area and also provide recommendations on the unit designation of the area under the Outdoor Recreation Act. new text end
Sec. 66.
new text begin MUSKELLUNGE MINIMUM SIZE LIMIT; RULEMAKING. new text end
new text begin By March 1, 2015, the commissioner of natural resources shall amend Minnesota Rules, part 6262.0200, to provide that the minimum size limit for muskellunge in all inland waters is 54 inches, except for: (1) muskellunge-northern pike hybrid lakes in the seven-county metropolitan area; and (2) individual lakes where the commissioner establishes a minimum size limit of 48 inches. Minnesota Statutes, section 97C.005, does not apply to establishment of size limits for individual lakes under this section. The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388. new text end
Sec. 67.
new text begin QUAIL RECOVERY PLAN; REPORT. new text end
new text begin The commissioner of natural resources, in consultation with interested parties, must develop a detailed feasibility study for the restoration of a wild population of quail in Minnesota. No later than January 15, 2015, the commissioner must report on the study's progress to the legislative committees with jurisdiction over environment and natural resources policy and finance. new text end
Sec. 68.
new text begin FISHING PIER ON LONG LAKE; STEARNS COUNTY. new text end
new text begin The commissioner of natural resources shall work with a nonstate entity to establish a fishing pier on Long Lake in Stearns County. new text end
Sec. 69.
new text begin REVISOR'S INSTRUCTION. new text end
new text begin The revisor of statutes shall delete the range reference "84A.01 to 84A.11" and insert "84A.01 to 84A.101" wherever it appears in Minnesota Statutes. new text end
Sec. 70.
new text begin REPEALER. new text end
new text begin Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1 and 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.081, subdivision 5; and 97C.827, new text end new text begin and new text end new text begin Minnesota Rules, part 6100.5100, new text end new text begin are repealed. new text end
Presented to the governor May 16, 2014
Signed by the governor May 21, 2014, 10:56 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes