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

                            CHAPTER 215-H.F.No. 2368 
                  An act relating to game and fish; modifying hunting 
                  provisions and fees; modifying restriction on 
                  importation of cervidae carcasses; modifying 
                  restrictions on the transport of game birds; 
                  clarifying validity of firearms safety certificates 
                  issued to youth; modifying turtle license 
                  requirements; modifying waterfowl refuge provisions; 
                  providing for suspension of game and fish license and 
                  permit privileges under certain conditions; modifying 
                  shooting hours for migratory game birds; authorizing a 
                  season on mourning doves; prohibiting taking albino 
                  deer; modifying certain hearing provisions; modifying 
                  certain tagging requirements; modifying fish house 
                  provisions; providing for a live bait retailers 
                  license; providing for trapping by certain 
                  nonresidents; modifying certain game license 
                  provisions; requiring public education efforts 
                  regarding lead tackle; authorizing grants; authorizing 
                  a special permit for use of a scope when hunting with 
                  a muzzleloader; providing for a quality deer 
                  management pilot zone; requiring reports; providing 
                  criminal penalties; amending Minnesota Statutes 2002, 
                  sections 97A.015, subdivision 24; 97A.085, 
                  subdivisions 2, 3, 4; 97A.095, subdivisions 1, 2, 4; 
                  97A.420, subdivision 4; 97A.421, by adding a 
                  subdivision; 97A.435, subdivision 4, by adding a 
                  subdivision; 97A.475, subdivision 20, by adding a 
                  subdivision; 97A.545, subdivision 5; 97B.015, 
                  subdivision 5; 97B.031, by adding a subdivision; 
                  97B.075; 97B.301, subdivisions 6, 7; 97B.601, 
                  subdivision 3, by adding a subdivision; 97B.721; 
                  97B.901; 97C.355, subdivision 7; 97C.605, subdivision 
                  2; Minnesota Statutes 2003 Supplement, sections 
                  97A.475, subdivisions 2, 3; 97A.505, subdivision 8; 
                  97B.311; 97C.605, subdivision 2c; proposing coding for 
                  new law in Minnesota Statutes, chapter 97C; repealing 
                  Minnesota Statutes 2002, section 97B.731, subdivision 
                  2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 97A.015, 
        subdivision 24, is amended to read: 
           Subd. 24.  [GAME BIRDS.] "Game birds" means migratory 
        waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada 
        spruce grouse, prairie chickens, gray partridge, bob-white 
        quail, turkeys, coots, gallinules, sora and Virginia 
        rails, mourning dove, American woodcock, and common snipe. 
           Sec. 2.  Minnesota Statutes 2002, section 97A.085, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ESTABLISHMENT BY COMMISSIONER.] The commissioner 
        may designate a contiguous area of at least 640 acres as a game 
        refuge if more than 50 percent of the area is in public 
        ownership.  The game refuge must be a contiguous area of at 
        least 640 acres unless it borders or includes a marsh, or other 
        body of water or watercourse suitable for wildlife habitat. 
           Sec. 3.  Minnesota Statutes 2002, section 97A.085, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ESTABLISHMENT BY PETITION OF LAND HOLDERS.] The 
        commissioner may designate a land area or portion of a land area 
        described in a petition as a game refuge.  The petition must be 
        signed by the owner, the lessee, or the person in possession of 
        each tract in the area.  A certificate of the auditor of the 
        county where the lands are located must accompany the petition 
        stating that the persons named in the petition are the owners, 
        lessees, or persons in possession of all of the land described 
        according to the county records.  The game refuge must be a 
        contiguous area of at least 640 acres unless it borders or 
        includes a marsh, or other body of water or watercourse suitable 
        for wildlife habitat. 
           Sec. 4.  Minnesota Statutes 2002, section 97A.085, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ESTABLISHMENT BY PETITION OF COUNTY RESIDENTS.] 
        The commissioner may designate as a game refuge public waters or 
        a contiguous area of at least 640 acres, described in a 
        petition, signed by 50 or more residents of the county where the 
        public waters or area is located.  The game refuge must be a 
        contiguous area of at least 640 acres unless it borders or 
        includes a marsh, or other body of water or watercourse suitable 
        for wildlife habitat.  The game refuge may be designated only if 
        the commissioner finds that protected wild animals are depleted 
        and are in danger of extermination, or that it will best serve 
        the public interest.  
           Sec. 5.  Minnesota Statutes 2002, section 97A.095, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MIGRATORY WATERFOWL REFUGES SANCTUARY.] 
        The commissioner shall may designate by rule any part of a state 
        game refuge or any part of a public water that is designated for 
        management purposes under section 97A.101, subdivision 2, as a 
        migratory waterfowl refuge sanctuary if there is presented to 
        the commissioner a petition signed by ten resident licensed 
        hunters describing an area that is primarily a migratory 
        waterfowl refuge.  The commissioner shall post the area as a 
        migratory waterfowl refuge sanctuary.  A person may not enter a 
        posted migratory waterfowl refuge sanctuary during the open 
        migratory waterfowl season unless accompanied by or under a 
        permit issued by a conservation officer or game refuge wildlife 
        manager.  Upon a request from a private landowner within a 
        migratory waterfowl refuge sanctuary, an annual permit must be 
        issued to provide access to the property during the waterfowl 
        season.  The permit shall include conditions that allow no 
        activity which would disturb waterfowl using the refuge during 
        the waterfowl season. 
           Sec. 6.  Minnesota Statutes 2002, section 97A.095, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WATERFOWL FEEDING AND RESTING AREAS.] The 
        commissioner may, by rule, designate any part of a lake as a 
        migratory feeding or and resting area.  Before designation, the 
        commissioner must receive a petition signed by at least ten 
        local resident licensed hunters describing the area of a lake 
        that is a substantial feeding or resting area for migratory 
        waterfowl, and find that the statements in the petition are 
        correct, and that adequate, free public access to the lake 
        exists near the designated area.  The commissioner shall post 
        the area as a migratory waterfowl feeding and resting area.  
        Except as authorized in rules adopted by the commissioner, a 
        person may not enter a posted migratory waterfowl feeding and 
        resting area, during a period when hunting of migratory 
        waterfowl is allowed, with watercraft or aircraft propelled by a 
        motor, other than an electric motor of less than 30 pounds 
        thrust.  The commissioner may, by rule, further restrict the use 
        of electric motors in migratory waterfowl feeding and resting 
        areas. 
           Sec. 7.  Minnesota Statutes 2002, section 97A.095, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SWAN LAKE MIGRATORY WATERFOWL REFUGE SANCTUARY.] 
        The land described in Laws 1999, chapter 81, section 2, is 
        designated Swan Lake Migratory Waterfowl Refuge Sanctuary under 
        subdivision 1. 
           Sec. 8.  Minnesota Statutes 2002, section 97A.420, 
        subdivision 4, is amended to read: 
           Subd. 4.  [HEARING.] (a) A hearing under subdivision 3 must 
        be before a district court judge in the county where the 
        incident occurred giving rise to the license seizure.  The 
        hearing must be to the court and may be conducted at the same 
        time as hearings upon pretrial motions in a related criminal 
        prosecution.  The commissioner must be represented by the county 
        attorney. 
           (b) The hearing must be held at the earliest practicable 
        date and in any event no later than 60 days following the filing 
        of the petition for review. 
           (c) The scope of the hearing must be limited to the issue 
        of whether there is probable cause to believe that the person 
        violated section 97A.338 had unlawfully taken, possessed, or 
        transported wild animals with a restitution value over $500. 
           (d) The court shall order that the license seizure be 
        either sustained or rescinded.  Within 14 days following the 
        hearing, the court shall forward a copy of the order to the 
        commissioner. 
           (e) Any party aggrieved by the decision of the reviewing 
        court may appeal the decision as provided in the Rules of Civil 
        Appellate Procedure. 
           Sec. 9.  Minnesota Statutes 2002, section 97A.421, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [SUSPENSION FOR FAILURE TO APPEAR IN COURT OR TO 
        PAY A FINE OR SURCHARGE.] When a court reports to the 
        commissioner that a person (1) has failed to appear in court 
        under the summons issued for a violation of the game and fish 
        laws or (2) has been convicted of violating a provision of the 
        game and fish laws, has been sentenced to the payment of a fine 
        or had a surcharge levied against them, and refused or failed to 
        comply with that sentence or to pay the fine or surcharge, the 
        commissioner shall suspend the game and fish license and permit 
        privileges of the person until notified by the court that the 
        person has appeared in court under clause (1) or that any fine 
        or surcharge due the court has been paid under clause (2). 
           Sec. 10.  Minnesota Statutes 2002, section 97A.435, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
        The commissioner may conduct a separate selection for up to 20 
        percent of the turkey licenses to be issued for any area.  Only 
        persons who are owners or tenants of and who live on at least 40 
        acres of agricultural or grazing land in the area, and their 
        family members, are eligible applicants for turkey licenses for 
        the separate selection.  The qualifying agricultural or grazing 
        land may be noncontiguous.  Persons who are unsuccessful in a 
        separate selection must be included in the selection for the 
        remaining licenses.  Persons who obtain a license in a separate 
        selection must allow public turkey hunting on their land during 
        that turkey season.  A license issued under this subdivision is 
        restricted to the land owned or leased by the holder of the 
        license within the permit area where the qualifying land is 
        located. 
           (b) The commissioner may by rule establish criteria for 
        determining eligible family members under this subdivision. 
           Sec. 11.  Minnesota Statutes 2002, section 97A.435, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [SPRING SEASON.] (a) A person who has not applied 
        for a turkey license through the lottery or applied for a 
        license and was unsuccessful in the lottery, may purchase a 
        turkey hunting license to hunt by archery for the spring turkey 
        season during a combined seventh and eighth time period.  A 
        turkey hunting license under this subdivision is separate from 
        the normal lottery process and is effective for hunting only in 
        a wild turkey permit area in the state where 50 or more licenses 
        are issued during an established time period. 
           (b) Turkey lottery preference points shall not be reduced 
        for a person purchasing a license under this subdivision. 
           (c) A person may take only one bearded turkey in a spring 
        turkey season regardless of whether the hunter purchased a 
        license through the lottery system or as provided in this 
        subdivision. 
           Sec. 12.  Minnesota Statutes 2003 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, $12.50; 
           (2) for persons ages 16 and 17 and age 65 or over, $6 to 
        take small game; 
           (3) to take turkey, $18; 
           (4) for persons age 16 18 or over to take deer with 
        firearms, $26; 
           (5) for persons age 16 18 or over to take deer by archery, 
        $26; 
           (6) to take moose, for a party of not more than six 
        persons, $310; 
           (7) to take bear, $38; 
           (8) to take elk, for a party of not more than two persons, 
        $250; 
           (9) to take antlered deer in more than one zone, $52; 
           (10) to take Canada geese during a special season, $4; 
           (11) to take two deer throughout the state in any open deer 
        season, except as restricted under section 97B.305, $78; 
           (12) to take prairie chickens, $20; 
           (13) for persons at least age 12 and under age 16 18 to 
        take deer with firearms, $13; and 
           (14) for persons at least age 12 and under age 16 18 to 
        take deer by archery, $13. 
           Sec. 13.  Minnesota Statutes 2003 Supplement, section 
        97A.475, subdivision 3, is amended to read: 
           Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
        licenses, to be issued to nonresidents, are: 
           (1) to take small game, $73; 
           (2) to take deer with firearms, $135; 
           (3) to take deer by archery, the greater of: 
           (i) an amount equal to the total amount of license fees and 
        surcharges charged to a Minnesota resident to take deer by 
        archery in the person's state or province of residence; or 
           (ii) $135; 
           (4) to take bear, $195; 
           (5) to take turkey, $73; 
           (6) to take raccoon, bobcat, fox, coyote, or lynx, $155; 
           (7) to take antlered deer in more than one zone, $270; and 
           (8) to take Canada geese during a special season, $4. 
           Sec. 14.  Minnesota Statutes 2002, section 97A.475, 
        subdivision 20, is amended to read: 
           Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
        trap fur-bearing animals is: 
           (1) for persons residents over age 13 and under age 18, $6; 
        and 
           (2) for persons residents age 18 and older, $20; and 
           (3) for nonresidents, $73.  
           Sec. 15.  Minnesota Statutes 2002, section 97A.475, is 
        amended by adding a subdivision to read: 
           Subd. 25a.  [LIVE BAIT RETAILER.] The fee for a live bait 
        retailer license is $15. 
           Sec. 16.  Minnesota Statutes 2003 Supplement, section 
        97A.505, subdivision 8, is amended to read: 
           Subd. 8.  [IMPORTATION OF HUNTER-HARVESTED CERVIDAE.] 
        Importation into Minnesota of hunter-harvested cervidae 
        carcasses from known chronic wasting disease endemic areas, as 
        determined by the Board of Animal Health, is prohibited except 
        for cut and wrapped meat, quarters or other portions of meat 
        with no part of the spinal column or head attached, antlers, 
        hides, teeth, finished taxidermy mounts, and antlers attached to 
        skull caps that are cleaned of all brain 
        tissue.  Hunter-harvested cervidae carcasses taken from chronic 
        wasting disease endemic areas outside of Minnesota may be 
        transported on a direct route through the state by nonresidents. 
           Sec. 17.  Minnesota Statutes 2002, section 97A.545, 
        subdivision 5, is amended to read: 
           Subd. 5.  [BIRDS MUST BE IN UNDRESSED CONDITION; 
        EXCEPTIONS.] (a) Except as provided in paragraph (b), a person 
        may ship or otherwise transport game birds in an undressed 
        condition only. 
           (b) Paragraph (a) does not apply if the birds being shipped 
        or otherwise transported: 
           (1) were taken on a shooting preserve and are marked or 
        identified in accordance with section 97A.121, subdivision 5; or 
           (2) were taken, dressed, and lawfully shipped or otherwise 
        transported in another state; or 
           (3) are migratory game birds that were lawfully tagged and 
        packed by a federally permitted migratory bird preservation 
        facility. 
           Sec. 18.  Minnesota Statutes 2002, section 97B.015, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FIREARMS SAFETY CERTIFICATE.] The commissioner 
        shall issue a firearms safety certificate to a person that 
        satisfactorily completes the required course of instruction.  A 
        certificate may not be issued to a person under age 12.  A 
        person that is must be at least age 11 may to take the firearms 
        safety course and may receive a firearms safety certificate, but 
        the certificate is not valid until the person is at least age 
        12.  A firearms safety certificate issued to a person under age 
        12 by another state as provided in section 97B.020 is not valid 
        in Minnesota until the person reaches age 12.  The form and 
        content of the firearms safety certificate shall be prescribed 
        by the commissioner.  
           Sec. 19.  Minnesota Statutes 2002, section 97B.031, is 
        amended by adding a subdivision 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 established by medical 
        evidence verified in writing by a licensed physician.  The 
        commissioner may request additional information from the 
        physician if needed to verify the applicant's eligibility for 
        the permit.  Notwithstanding section 97A.418, the commissioner 
        may, in consultation with appropriate advocacy groups, establish 
        reasonable minimum standards for permits to be issued under this 
        subdivision. 
           (c) A permit issued under this subdivision may be valid for 
        up to five years.  
           (d) The commissioner may deny, modify, suspend, or revoke a 
        permit issued under this subdivision for cause, including a 
        violation of the game and fish laws or rules.  
           (e) 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 who 
        fraudulently certifies to the commissioner that a person is 
        visually impaired as described in this subdivision is guilty of 
        a misdemeanor. 
           Sec. 20.  Minnesota Statutes 2002, section 97B.075, is 
        amended to read: 
           97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 
           (a) A person may not take protected wild animals, except 
        raccoon and fox, with a firearm between the evening and morning 
        times established by commissioner's rule, except as provided in 
        this section. 
           (b) Big game may be taken from one-half hour before sunrise 
        until one-half hour after sunset, and,. 
           (c) Except as otherwise prescribed by the commissioner 
        during the first eight days of the season before the Saturday 
        nearest October 8, until January 1, 2001, waterfowl may be taken 
        from one-half hour before sunrise until sunset during the entire 
        season prescribed by the commissioner.  On the opening day of 
        the duck season, shooting hours for migratory game birds, except 
        woodcock, begin at 9:00 a.m.  
           Sec. 21.  Minnesota Statutes 2002, section 97B.301, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RESIDENTS UNDER AGE 16 18 MAY TAKE DEER OF 
        EITHER SEX.] A resident under the age of 16 18 may take a deer 
        of either sex except in those antlerless permit areas and 
        seasons where no antlerless permits are offered.  In antlerless 
        permit areas where no antlerless permits are offered, the 
        commissioner may provide a limited number of youth either sex 
        permits to residents under age 16 18, under the procedures 
        provided in section 97B.305, and may give preference to 
        residents under the age of 16 18 that have not previously been 
        selected.  This subdivision does not authorize the taking of an 
        antlerless deer by another member of a party under subdivision 3.
           Sec. 22.  Minnesota Statutes 2002, section 97B.301, 
        subdivision 7, is amended to read: 
           Subd. 7.  [ALL SEASON DEER LICENSE.] (a) A resident may 
        obtain an all season deer license.  This license authorizes the 
        resident to take one buck by firearm or archery during any 
        season statewide.  In addition, a resident obtaining this 
        license may take one antlerless deer: 
           (1) by firearms in the regular firearms season if the 
        resident first obtains an antlerless deer permit or if the 
        resident takes the antlerless deer in an area where the 
        commissioner has authorized taking a deer of either sex without 
        an antlerless permit; 
           (2) by archery in the archery season; or 
           (3) by muzzleloader in the muzzleloader season. 
           (b) A person obtaining an all season deer license does not 
        qualify for hunting under subdivision 3.  The commissioner shall 
        issue one tag for a buck and one tag for an antlerless deer when 
        issuing a license under this subdivision. 
           Sec. 23.  Minnesota Statutes 2003 Supplement, section 
        97B.311, is amended to read: 
           97B.311 [DEER SEASONS AND RESTRICTIONS.] 
           Subdivision 1.  [RULEMAKING.] (a) The commissioner may, by 
        rule, prescribe restrictions and designate areas where deer may 
        be taken, including hunter selection criteria for special hunts 
        established under section 97A.401, subdivision 4.  The 
        commissioner may, by rule, prescribe the open seasons for deer 
        within the following periods: 
           (1) taking with firearms, other than muzzle-loading 
        firearms, between November 1 and December 15; 
           (2) taking with muzzle-loading firearms between September 1 
        and December 31; and 
           (3) taking by archery between September 1 and December 31. 
           (b) Notwithstanding paragraph (a), the commissioner may 
        establish special seasons within designated areas at any time of 
        year. 
           Subd. 2.  [ALBINO DEER PROTECTED.] A person may not take an 
        albino deer. 
           Sec. 24.  Minnesota Statutes 2002, section 97B.601, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NONRESIDENTS:  RACCOON, BOBCAT, FOX, COYOTE, 
        CANADA LYNX.] A nonresident may not take raccoon, bobcat, fox, 
        coyote, or Canada lynx by firearms without a separate license to 
        take that animal in addition to a small game license.  
           Sec. 25.  Minnesota Statutes 2002, section 97B.601, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [NONRESIDENTS; TRAPPING SMALL GAME.] A 
        nonresident may take small game by trapping only on land owned 
        by the nonresident, if the nonresident possesses a trapping 
        license and a small game license. 
           Sec. 26.  Minnesota Statutes 2002, section 97B.721, is 
        amended to read: 
           97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 
        TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.] 
           (a) Except as provided in paragraph (b) or section 97A.405, 
        subdivision 2, a person may not take a turkey without possessing 
        a turkey license and a turkey stamp validation.  
           (b) The requirement in paragraph (a) to have a turkey stamp 
        validation does not apply to persons under age 18.  An 
        unlicensed adult age 18 or older may assist a licensed wild 
        turkey hunter under the age of 16.  The unlicensed adult may not 
        shoot or possess a firearm or bow while assisting a youth under 
        this paragraph. 
           (c) The commissioner may by rule prescribe requirements for 
        the tagging and registration of turkeys. 
           Sec. 27.  Minnesota Statutes 2002, section 97B.901, is 
        amended to read: 
           97B.901 [REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.] 
           (a) The commissioner may, by rule, require persons taking, 
        possessing, and transporting fur-bearing animals to tag the 
        animals.  The commissioner shall prescribe the manner of 
        issuance and the type of tag, which must show the year of 
        issuance.  The commissioner shall issue the tag, without a fee, 
        upon request. 
           (b) The pelt of each bobcat, fisher, pine marten, and otter 
        must be presented, by the person taking it, to a state wildlife 
        manager designee for registration before the pelt is sold and 
        before the pelt is transported out of the state, but in no event 
        more than 48 hours after the season closes for the species.  
        Until March 1, 2003, a possession or site tag is not required 
        prior to registration of the fisher, pine marten, or otter. 
           Sec. 28.  Minnesota Statutes 2002, section 97C.355, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DATES AND TIMES HOUSES MAY REMAIN ON ICE.] 
        (a) Except as provided in paragraph (d), a fish house or dark 
        house may not be on the ice between 12:00 a.m. and one hour 
        before sunrise after the following dates: 
           (1) the last day of February, for state waters south of a 
        line starting at the Minnesota-North Dakota border and formed by 
        rights-of-way of U.S. Route No. 10, then east along U.S. Route 
        No. 10 to Trunk Highway No. 34, then east along Trunk Highway 
        No. 34 to Trunk Highway No. 200, then east along Trunk Highway 
        No. 200 to U.S. Route No. 2, then east along U.S. Route No. 2 to 
        the Minnesota-Wisconsin border; and 
           (2) March 15, for other state waters. 
           A fish house or dark house on the ice in violation of this 
        subdivision is subject to the enforcement provisions of 
        paragraph (b).  The commissioner may, by rule, change the dates 
        in this paragraph for any part of state waters.  Copies of the 
        rule must be conspicuously posted on the shores of the waters as 
        prescribed by the commissioner.  
           (b) A conservation officer must confiscate a fish house or 
        dark house in violation of paragraph (a).  The officer may 
        remove, burn, or destroy the house.  The officer shall seize the 
        contents of the house and hold them for 60 days.  If the seized 
        articles have not been claimed by the owner, they may be 
        retained for the use of the division or sold at the highest 
        price obtainable in a manner prescribed by the commissioner. 
           (c) When the last day of February, under paragraph (a), 
        clause (1), or March 15, under paragraph (a), clause (2), falls 
        on a Saturday, a fish house or dark house may be on the ice 
        between 12:00 a.m. and one hour before sunrise until 12:00 a.m. 
        the following Monday. 
           (d) A person may have a fish house or dark house on the ice 
        between 12:00 a.m. and one hour before sunrise on waters within 
        the area prescribed in paragraph (a), clause (2), but the house 
        may not be unattended during those hours. 
           Sec. 29.  [97C.392] [SELLING LIVE BAIT.] 
           Subdivision 1.  [LICENSE REQUIRED.] A person may not sell 
        live bait at retail without a live bait retailer license.  A 
        person must purchase a live bait retailer license for each live 
        bait retail outlet operated. 
           Subd. 2.  [LICENSE APPLICATION.] (a) An applicant for a 
        live bait retailer license must give the business name and 
        address for the retail outlet.  The address must include a 
        street address or fire number. 
           (b) The retail outlet name and location may be changed for 
        licensing purposes upon application to the commissioner. 
           Subd. 3.  [EXEMPTIONS.] This section does not apply to: 
           (1) a person who possesses a minnow retailer or dealer 
        license; or 
           (2) a resident under age 18 who does not buy bait for 
        resale. 
           Sec. 30.  Minnesota Statutes 2002, section 97C.605, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TURTLE SELLER'S LICENSE.] (a) A person may not 
        take, possess, buy, or transport turtles for sale; sell turtles; 
        or take turtles for sale using commercial equipment without a 
        turtle seller's license, except as provided in subdivision 2c. 
           (b) Except for renewals, no new turtle seller's licenses 
        may be issued after August 1, 2002. 
           (c) A turtle seller's license is transferable by the turtle 
        seller licensee by making application to the commissioner.  A 
        turtle seller's license may be transferred only once under this 
        paragraph and the transfer must be to a child of the person 
        holding the turtle seller's license. 
           Sec. 31.  Minnesota Statutes 2003 Supplement, section 
        97C.605, subdivision 2c, is amended to read: 
           Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need a 
        turtle seller's license or an angling license: 
           (1) when buying turtles for resale at a retail outlet; 
           (2) when buying a turtle at a retail outlet; 
           (3) if the person is a nonresident buying a turtle from a 
        licensed turtle seller for export out of state.  Shipping 
        documents provided by the turtle seller must accompany each 
        shipment exported out of state by a nonresident.  Shipping 
        documents must include:  name, address, city, state, and zip 
        code of the buyer; number of each species of turtle; and name 
        and license number of the turtle seller; or 
           (4) to take, possess, and rent or sell up to 25 
        turtles greater than four inches in length for the purpose of 
        providing the turtles to participants at a nonprofit turtle 
        race, if the person is a resident under age 18.  The person is 
        responsible for the well-being of the turtles. 
           Sec. 32.  [REPORT.] 
           By January 15, 2006, the commissioner shall report to the 
        chairs of the senate and house committees having jurisdiction 
        over natural resources policy, evaluating the impacts of the 
        change in shooting hours, including harvest success and the 
        effect on local waterfowl populations. 
           Sec. 33.  [REPORTS AND COOPERATIVE EFFORTS REGARDING LEAD 
        FISHING TACKLE.] 
           Subdivision 1.  [MULTIJURISDICTIONAL COOPERATION FOR LEAD 
        TACKLE RESTRICTIONS AND EDUCATION.] In order to promote 
        consistent, nationally applicable regulations and education, the 
        commissioner of natural resources shall coordinate and 
        participate in efforts to promote national laws and educational 
        programs regarding lead fishing tackle.  The commissioner may 
        participate with other jurisdictions, including federal, state 
        and international governments, in activities under this 
        subdivision, including advocacy for uniform laws, educational 
        efforts, and the creation of incentives to use nonlead tackle.  
        The commissioner may solicit and involve tackle manufacturers, 
        conservation organizations, and fishing associations in 
        cooperative efforts under this subdivision. 
           Subd. 2.  [LEAD TACKLE AWARENESS AND PUBLIC EDUCATION.] The 
        commissioner of natural resources and the director of the Office 
        of Environmental Assistance shall provide public education 
        regarding concerns about lead fishing tackle and promote the 
        availability of nonlead fishing tackle. 
           Subd. 3.  [VOLUNTARY CONSERVATION OFFICER PARTICIPATION IN 
        LEAD TACKLE AWARENESS CAMPAIGN.] Conservation officers in the 
        Department of Natural Resources may provide information to 
        anglers regarding lead tackle and may provide samples of 
        lead-free sinkers and jigs. 
           Subd. 4.  [REPORT ON HEALTH HAZARDS OF HOME MANUFACTURE OF 
        FISHING TACKLE.] The commissioners of health and the Pollution 
        Control Agency may provide a report to the legislative 
        committees with jurisdiction over environmental and health 
        policies regarding the health hazards associated with the home 
        manufacture of lead fishing tackle.  The report may make 
        recommendations to mitigate the concerns associated with any 
        identifiable health hazard discussed in the report. 
           Sec. 34.  [GRANTS.] 
           The director of the Office of Environmental Assistance, in 
        consultation with the commissioner of natural resources, may 
        make grants under Minnesota Statutes, sections 115A.152 and 
        115D.04, to generators, conservation organizations, and angler 
        associations to assist in reducing the use of lead fishing 
        tackle, including grants for educational activities. 
           Sec. 35.  [REPORT.] 
           By August 1, 2005, the commissioner shall report to the 
        house and senate policy committees with jurisdiction over 
        natural resources on the results of the mourning dove season 
        authorized by this act.  The report must include a description 
        of the impact of the season on the mourning dove population in 
        the state. 
           Sec. 36.  [QUALITY DEER MANAGEMENT PILOT ZONE; YOUTH EARLY 
        SEASON FIREARMS DEER HUNT.] 
           (a) The commissioner of natural resources may establish a 
        quality deer management pilot zone, under Minnesota Statutes, 
        section 97B.311, consisting of Kittson, Lake of the Woods, 
        Marshall, Pennington, and Roseau Counties.  A person age 18 or 
        older may not take an antlered deer by firearms in the quality 
        deer management pilot zone with antlers that: 
           (1) are less than the width of the ears when the ears are 
        fully extended; and 
           (2) have fewer than four points on one side. 
           (b) The commissioner shall establish an early season 
        two-day, special firearms deer season, under Minnesota Statutes, 
        section 97B.112, for youth residents that are at least age 12 
        and under age 15 to take an antlerless deer in Kittson, Lake of 
        the Woods, Marshall, Pennington, and Roseau Counties.  The 
        two-day special season shall be established on the weekend 
        following the third Thursday in October. 
           (c) A violation related to antler size in the quality deer 
        management zone is not a crime and shall not result in a 
        penalty, but is punishable only by a warning. 
           (d) If a quality deer management pilot zone is established, 
        the commissioner shall annually report to the senate and house 
        of representatives committees with jurisdiction over natural 
        resources policy on the quality deer management pilot zone.  The 
        report must include information on the number of antlered deer 
        taken in the quality deer management pilot zone and estimates of 
        the antlered deer population in the zone, including the quality 
        of the population. 
           (e) This section expires on December 31, 2008. 
           Sec. 37.  [ROADSIDE WILDLIFE HABITAT STUDY; REPORT.] 
           The commissioner of natural resources, in consultation with 
        the commissioner of transportation and other interested persons, 
        shall study and make recommendations to improve and promote 
        wildlife habitat within the right-of-ways of public roads in the 
        state and the impact of those recommendations on public safety.  
        The study must include, but is not limited to, an analysis of 
        current mowing restrictions and any recommendations for changes 
        to those restrictions, under Minnesota Statutes, section 
        160.232.  By January 15, 2005, the commissioner of natural 
        resources shall provide a report of the study and 
        recommendations under this section to the senate and house 
        committees with jurisdiction over natural resource policy and 
        transportation policy. 
           Sec. 38.  [REPEALER.] 
           Minnesota Statutes 2002, section 97B.731, subdivision 2, is 
        repealed. 
           Presented to the governor May 15, 2004 
           Signed by the governor May 19, 2004, 9:35 a.m.

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