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

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

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