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1995 Minnesota Session Laws

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                              CHAPTER 1-S.F.No. 1 
                  An act relating to natural resources; establishing 
                  hunting heritage week; migratory waterfowl; providing 
                  procedures for seizure and confiscation of property; 
                  clarifying terms of short-term angling licenses; 
                  removing certain requirements relating to fish taken 
                  in Canada; modifying reporting requirements; modifying 
                  hours for taking certain animals; modifying provisions 
                  relating to trapping; providing for posting of waters 
                  to prohibit fishing or motorboat operation; adjusting 
                  opening and closing dates of various seasons for 
                  taking fish; expanding the requirement to possess a 
                  trout and salmon stamp; modifying northern pike length 
                  limits; changing the date by which fish houses and 
                  dark houses must be removed from the ice in certain 
                  areas; authorizing the use of floating turtle traps; 
                  removing time limits on sale of fish by commercial 
                  licensees; requiring a plan for a firearms safety 
                  program; authorizing certain stocking activities; 
                  snowmobile licensing exemptions; fishing contest 
                  regulation; ecologically harmful species; collector 
                  snowmobiles; all-terrain vehicle weight; reciprocity 
                  in game and fish violations; enforcement officer 
                  powers; disabled hunter permits; information from 
                  licensees; big game hunting hours; checking traps; 
                  fish house identification; snowmobile transit permits; 
                  amending Minnesota Statutes 1994, sections 18.317; 
                  84.796; 84.81, by adding a subdivision; 84.82, 
                  subdivision 6, and by adding a subdivision; 84.92, 
                  subdivision 8; 84.968, subdivision 1; 84.9691; 
                  84.9692, subdivisions 1, 2, and by adding a 
                  subdivision; 86B.401, subdivision 11; 97A.015, 
                  subdivisions 12, 28, and 52; 97A.045, by adding a 
                  subdivision; 97A.205; 97A.221; 97A.401, subdivision 3; 
                  97A.451, subdivision 3; 97A.475, subdivisions 6 and 7; 
                  97A.531, by adding a subdivision; 97B.055, subdivision 
                  3; 97B.061; 97B.075; 97B.731, subdivision 1; 97B.931; 
                  97C.025; 97C.081, subdivision 3; 97C.305, subdivision 
                  1; 97C.321, subdivision 2; 97C.345, subdivisions 1, 2, 
                  and 3; 97C.355, subdivisions 2 and 7; 97C.371, 
                  subdivision 4; 97C.395, subdivision 1; 97C.605, 
                  subdivision 3; and 97C.821; Laws 1994, chapter 623, 
                  article 1, section 45; proposing coding for new law in 
                  Minnesota Statutes, chapters 10; 18; and 97A; 
                  repealing Minnesota Statutes 1994, sections 97A.531, 
                  subdivisions 2, 3, 4, 5, and 6; 97B.301, subdivision 
                  5; and 97C.505, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [10.51] [HUNTING HERITAGE WEEK.] 
           The week beginning the third Monday in September is an 
        official week of observance to commemorate the state's valued 
        heritage of hunting game animals.  During this week, all 
        residents of the state are urged to: 
           (1) reflect on hunting as an expression of our culture and 
        heritage; 
           (2) acknowledge that it is our community of sportsmen, 
        sportswomen, and hunters who have made the greatest 
        contributions to the establishment of current game animal 
        populations; and 
           (3) celebrate this culture and heritage in all lawful ways. 
           Sec. 2.  [18.316] [DEFINITIONS.] 
           Subdivision 1.  [APPLICABILITY.] The definitions in this 
        section apply to this section and section 18.317. 
           Subd. 2.  [ECOLOGICALLY HARMFUL EXOTIC 
        SPECIES.] "Ecologically harmful exotic species" has the meaning 
        given in section 84.967. 
           Subd. 3.  [UNDESIRABLE EXOTIC SPECIES.] "Undesirable exotic 
        species" means ecologically harmful exotic species that have 
        been determined by the commissioner of natural resources to pose 
        a substantial threat to native species in this state. 
           Subd. 4.  [WATERCRAFT.] "Watercraft" means any contrivance 
        used or designed for navigation on water and includes seaplanes. 
           Subd. 5.  [WATER MILFOIL.] "Water milfoil" means Eurasian 
        water milfoil, myriophyllum spicatum. 
           Subd. 6.  [WATERS OF THE STATE.] "Waters of the state" has 
        the meaning given in section 103G.005, subdivision 17. 
           Subd. 7.  [ZEBRA MUSSELS.] "Zebra mussels" means a species 
        of the genus Dreissena. 
           Sec. 3.  Minnesota Statutes 1994, section 18.317, is 
        amended to read: 
           18.317 [UNDESIRABLE EXOTIC AQUATIC PLANTS OR WILD 
        ANIMALS SPECIES.] 
           Subdivision 1.  [TRANSPORTATION PROHIBITED.] Except as 
        provided in subdivision 2, a person may not transport Eurasian 
        or Northern water milfoil, myriophyllum spicatum or exalbescens, 
        zebra mussels, or undesirable exotic aquatic plants or wild 
        animals identified by the commissioner of natural 
        resources species on a road or highway, as defined in section 
        160.02, subdivision 7, or on forest roads. 
           Subd. 1a.  [PLACEMENT PROHIBITED.] A person may not 
        intentionally place undesirable exotic aquatic plants or wild 
        animals, as defined in section 84.967, species in public waters 
        within the state. 
           Subd. 2.  [EXCEPTION.] Except as otherwise prohibited by 
        law, a person may transport Eurasian or Northern water milfoil, 
        myriophyllum spicatum or exalbescens, or other undesirable 
        exotic aquatic plants or wild animals identified by the 
        commissioner of natural resources species for disposal as part 
        of a harvest or control activity conducted under a permit or as 
        specified by the commissioner. 
           Subd. 3.  [LAUNCHING OF WATERCRAFT WITH EURASIAN OR 
        NORTHERN WATER MILFOIL OR OTHER HARMFUL UNDESIRABLE SPECIES 
        PROHIBITED.] (a) A person may not place a trailer or launch a 
        watercraft into waters of the state if the trailer or watercraft 
        has attached to it Eurasian or Northern water milfoil, zebra 
        mussels, or other undesirable exotic aquatic plants or wild 
        animals identified by the commissioner of natural 
        resources species.  A conservation officer or other licensed 
        peace officer may order the removal of Eurasian or Northern 
        water milfoil, zebra mussels, or other undesirable 
        exotic aquatic plants or wild animals identified by the 
        commissioner of natural resources species from a trailer or 
        watercraft before being the trailer or watercraft is placed or 
        launched into waters of the state. 
           (b) For purposes of this section, the meaning of watercraft 
        includes a float plane and "waters of the state" has the meaning 
        given in section 103G.005, subdivision 17. 
           (c) A commercial harvester shall clean aquatic plant 
        harvesting equipment of all aquatic vegetation at a suitable 
        location before launching the equipment in another body of water.
           Subd. 3a.  [INSPECTION OF WATERCRAFT AND EQUIPMENT.] 
        Watercraft and associated equipment, including weed harvesters, 
        that are removed from any waters of the state that the 
        commissioner of natural resources identifies as being 
        contaminated with Eurasian water milfoil, zebra mussels, or 
        other undesirable exotic aquatic plants or wild animals 
        identified by the commissioner of natural resources, shall be 
        randomly inspected between May 1 and October 15 for a minimum of 
        10,000 hours by personnel authorized by the commissioner of 
        natural resources.  Beginning in calendar year 1994, a minimum 
        of 20,000 hours of random inspections must be conducted per year.
           Subd. 4.  [ENFORCEMENT.] This section may be enforced by 
        conservation officers under sections 97A.205, 97A.211, and 
        97A.221, subdivision 1, paragraph (a), clause (1), and by other 
        licensed peace officers. 
           Subd. 5.  [PENALTY.] A person who violates subdivision 1, 
        1a, 3, or 3a is guilty of a misdemeanor.  A person who refuses 
        to obey the order of a peace officer or conservation officer to 
        remove Eurasian or Northern water milfoil, zebra mussels, or 
        other undesirable exotic aquatic plants or wild animals species 
        from a trailer or watercraft is guilty of a misdemeanor. 
           Sec. 4.  Minnesota Statutes 1994, section 84.796, is 
        amended to read: 
           84.796 [PENALTIES.] 
           (a) A person who violates a provision of section 84.788, 
        84.789, 84.792, 84.793, or 84.795 is guilty of a misdemeanor. 
           (b) A person who violates a provision of a rule adopted 
        under section 84.79 is guilty of a petty misdemeanor. 
           Sec. 5.  Minnesota Statutes 1994, section 84.81, is amended 
        by adding a subdivision to read: 
           Subd. 12.  [COLLECTOR SNOWMOBILE.] "Collector snowmobile" 
        means a snowmobile that is 25 years old or older, was originally 
        produced as a separate identifiable make by a manufacturer, and 
        is owned and operated solely as a collectors item. 
           Sec. 6.  Minnesota Statutes 1994, section 84.82, 
        subdivision 6, is amended to read: 
           Subd. 6.  [EXEMPTIONS.] No Registration hereunder shall 
        be is not required under this section for the following 
        described snowmobiles: 
           (a) snowmobiles (1) a snowmobile owned and used by the 
        United States, another state, or a political subdivision 
        thereof.; 
           (b) snowmobiles (2) a snowmobile registered in a country 
        other than the United States temporarily used within this 
        state.; 
           (c) snowmobiles (3) a snowmobile that is covered by a valid 
        license of another state and which have has not been within this 
        state for more than 30 consecutive days.; 
           (d) snowmobiles (4) a snowmobile used exclusively in 
        organized track racing events.; 
           (e) snowmobiles (5) a snowmobile in transit by a 
        manufacturer, distributor, or dealer; or 
           (6) a snowmobile at least 15 years old in transit by an 
        individual for use only on land owned or leased by the 
        individual. 
           Sec. 7.  Minnesota Statutes 1994, section 84.82, is amended 
        by adding a subdivision to read: 
           Subd. 7a.  [COLLECTOR SNOWMOBILES.] The commissioner may 
        issue a special permit to a person or organization to operate or 
        transport a collector snowmobile without registration in parades 
        or organized group outings, such as races, rallies, and other 
        promotional events and for up to ten days each year for personal 
        transportation.  The commissioner may impose a reasonable 
        restriction on a permittee and may revoke, amend, suspend, or 
        modify a permit for cause. 
           Sec. 8.  Minnesota Statutes 1994, section 84.92, 
        subdivision 8, is amended to read: 
           Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
        "vehicle" means a motorized flotation-tired vehicle of not less 
        than three low pressure tires, but not more than six tires, that 
        is limited in engine displacement of less than 800 cubic 
        centimeters and total dry weight less than 600 800 pounds.  
           Sec. 9.  Minnesota Statutes 1994, section 84.968, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MANAGEMENT PLAN.] (a) By January 1, 1993, 
        a long-term statewide ecologically harmful exotic species 
        management plan must be prepared by the commissioner of natural 
        resources and address the following:  
           (1) coordinated detection and prevention of accidental 
        introductions; 
           (2) coordinated dissemination of information about 
        ecologically harmful exotic species among resource management 
        agencies and organizations; 
           (3) a coordinated public awareness campaign regarding 
        ecologically harmful exotic animals and aquatic plants; 
           (4) a process, where none exists, for the commissioner to 
        designate identify and classify list appropriate or certain 
        ecologically harmful exotic species into the following 
        categories: as 
           (i) undesirable wild animals that must not be sold, 
        propagated, possessed, or transported; and 
           (ii) undesirable aquatic exotic plants exotic species that 
        must not be sold, propagated, possessed, or transported except 
        under permit; 
           (5) coordination of control and eradication of ecologically 
        harmful exotic species on public lands and public waters; and 
           (6) development of a list of exotic wild animal species 
        intended for nonagricultural purposes, or propagation for 
        release by state agencies or the private sector.  
           (b) The plan prepared under paragraph (a) must include 
        containment strategies that include: 
           (1) participation by lake associations, local citizen 
        groups, and local units of government in the development and 
        implementation of lake management plans; 
           (2) a reasonable and workable inspection requirement for 
        boats and equipment participating in organized events on waters 
        of the state; 
           (3) allowing access points infested with ecologically 
        harmful exotic species to be closed, for not more than a total 
        of seven days during an open water season, for control or 
        eradication purposes, and requiring posting of signs stating the 
        reason for closing the access; 
           (4) provisions for reasonable weed-free maintenance of 
        public accesses to infested waters; and 
           (5) notice to travelers of the penalties for violation of 
        laws relating to ecologically harmful exotic species. 
           Sec. 10.  Minnesota Statutes 1994, section 84.9691, is 
        amended to read: 
           84.9691 [RULEMAKING AND PERMITS.] 
           Subdivision 1.  [RULES.] (a) The commissioner of natural 
        resources may adopt emergency and permanent rules restricting 
        the introduction, propagation, use, possession, and spread of 
        ecologically harmful exotic species in the state, as outlined in 
        section 84.967.  The emergency rulemaking authority granted in 
        this paragraph expires July 1, 1994.  
           (b) The commissioner shall adopt rules to identify bodies 
        of water with limited infestation of Eurasian water milfoil.  
        The areas that are infested, and where control is planned, shall 
        be marked and prohibited for use. 
           (c) A violation of a rule adopted under this section is a 
        misdemeanor. 
           Subd. 2.  [PERMITS.] The commissioner may issue permits 
        regulating the propagation, possession, taking, or 
        transportation of undesirable exotic species for disposal, 
        research, education, or control purposes.  The commissioner may 
        place conditions on the permit and may deny, modify, suspend, or 
        revoke a permit. 
           Sec. 11.  Minnesota Statutes 1994, section 84.9692, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY TO ISSUE.] After appropriate 
        training, conservation officers, peace officers, and other staff 
        designated by the commissioner may issue warnings or citations 
        to persons who: 
           (1) unlawfully transport ecologically harmful water milfoil 
        or undesirable exotic species on a public road; 
           (2) place a trailer or launch a watercraft with 
        ecologically harmful undesirable exotic species attached into 
        waters of the state; 
           (3) operate a watercraft in a marked Eurasian water milfoil 
        limited infestation area; or 
           (4) damage, remove, or sink a buoy marking a Eurasian water 
        milfoil infestation area.  
           Sec. 12.  Minnesota Statutes 1994, section 84.9692, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [DEFINITIONS.] For the purposes of this section, 
        "undesirable exotic species," "water milfoil," "watercraft," 
        "waters of the state," and "zebra mussels" have the meanings 
        given them in section 18.317. 
           Sec. 13.  Minnesota Statutes 1994, section 84.9692, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY AMOUNT.] A citation issued under this 
        section may impose up to the following penalty amounts: 
           (1) $50 for transporting visible Eurasian water milfoil on 
        a public road in each of the following locations: 
           (i) the exterior of the watercraft below the gunwales 
        including the propulsion system; 
           (ii) any surface of a watercraft trailer; 
           (iii) any surface of a watercraft interior of the gunwales; 
           (iv) any water container including live wells, minnow 
        buckets, or coolers which hold water; or 
           (v) any other area where visible Eurasian water milfoil is 
        found not previously described in items (i) to (iv); 
           (2) $150 $100 for transporting visible zebra mussels on a 
        public road; 
           (3) $300 for transporting, live ruffe, or live rusty 
        crayfish on a public road; 
           (4) (3) for attempting to launch place or launching into 
        noninfested waters placing a watercraft, trailer, or plant 
        harvesting equipment with visible Eurasian water milfoil or 
        adult zebra mussels attached into waters of the state not 
        identified by the commissioner as infested with zebra mussels, 
        $500 for a first offense and $1,000 for a second or subsequent 
        offense; 
           (5) (4) $100 for operating a watercraft in a marked 
        Eurasian water milfoil limited infestation area other than as 
        provided by law; 
           (6) (5) $150 $100 for intentionally damaging, moving, 
        removing, or sinking a milfoil buoy; or 
           (7) (6) $150 $200 for launching or attempting to launch 
        into infested waters attempting to place or placing a watercraft 
        , trailer, or plant harvesting equipment with visible Eurasian 
        water milfoil or visible zebra mussels attached into waters of 
        the state. 
           Sec. 14.  Minnesota Statutes 1994, section 86B.401, 
        subdivision 11, is amended to read: 
           Subd. 11.  [SUSPENSION FOR NOT REMOVING WATER MILFOIL OR 
        OTHER UNDESIRABLE EXOTIC SPECIES.] (a) The commissioner, after 
        notice and an opportunity for hearing, may suspend for a period 
        of not more than one year the license of a watercraft if the 
        owner or person in control of the watercraft or its trailer 
        refuses to comply with an inspection order of a conservation 
        officer or other licensed peace officer or an order to remove 
        Eurasian or Northern water milfoil, myriophyllum spicatum or 
        exalbescens, zebra mussels, or other undesirable exotic aquatic 
        plant and wild animal species identified by the commissioner 
        from the watercraft or its trailer as provided in section 
        18.317, subdivision 3. 
           (b) For the purposes of this subdivision, "undesirable 
        exotic species," "water milfoil," and "zebra mussels" have the 
        meanings given in section 18.317. 
           Sec. 15.  Minnesota Statutes 1994, section 97A.015, 
        subdivision 12, is amended to read: 
           Subd. 12.  [CONTRABAND.] "Contraband" means: 
           (1) a wild animal taken, bought, sold, transported, or 
        possessed in violation of the game and fish laws, and all 
        instrumentalities and devices used in taking wild animals in 
        violation of the game and fish laws that are subject to 
        confiscation; and 
           (2) wild rice and other aquatic vegetation harvested, 
        bought, sold, transported, or possessed in violation of chapter 
        84.  
           Sec. 16.  Minnesota Statutes 1994, section 97A.015, 
        subdivision 28, is amended to read: 
           Subd. 28.  [MIGRATORY WATERFOWL.] "Migratory waterfowl" 
        means brant, ducks, geese, tundra swans, trumpeter swans, and 
        whooper swans. 
           Sec. 17.  Minnesota Statutes 1994, section 97A.015, 
        subdivision 52, is amended to read: 
           Subd. 52.  [UNPROTECTED BIRDS.] "Unprotected birds" means 
        English sparrow, blackbird, starling, magpie, cormorant, common 
        pigeon, chukar partridge, quail other than bob-white quail, mute 
        swan, and great horned owl. 
           Sec. 18.  Minnesota Statutes 1994, section 97A.045, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [RECIPROCAL AGREEMENTS ON VIOLATIONS.] The 
        commissioner, with the approval of the attorney general, may 
        enter into reciprocal agreements with game and fish authorities 
        in other states and the United States government to provide for: 
           (1) revocation of the appropriate Minnesota game and fish 
        licenses of Minnesota residents for violations of game and fish 
        laws committed in signatory jurisdictions which result in 
        license revocation in that jurisdiction; 
           (2) reporting convictions and license revocations of 
        residents of signatory states for violations of game and fish 
        laws of Minnesota to game and fish authorities in the 
        nonresidents state of residence; and 
           (3) release upon signature without posting of bail for 
        residents of signatory states accused of game and fish law 
        violations in this state, providing for recovery, in the 
        resident jurisdiction, of fines levied if the citation is not 
        answered in this state. 
           As used in this subdivision, "conviction" includes a plea 
        of guilty or a forfeiture of bail. 
           Sec. 19.  Minnesota Statutes 1994, section 97A.205, is 
        amended to read: 
           97A.205 [ENFORCEMENT OFFICER POWERS.] 
           An enforcement officer is authorized to:  
           (1) execute and serve court issued warrants and processes 
        relating to wild animals, wild rice, public waters, water 
        pollution, conservation, and use of water, in the same manner as 
        a constable or sheriff; 
           (2) enter any land to carry out the duties and functions of 
        the division; 
           (3) make investigations of violations of the game and fish 
        laws; 
           (4) take an affidavit, if it aids an investigation; 
           (5) arrest, without a warrant, a person who is detected in 
        the actual violation of the game and fish laws, a provision of 
        chapters 84, 84A, 85, 86A, 88 to 97C, 103E, 103F, 103G, sections 
        86B.001 to 86B,815, 89.51 to 89.61; or 609.66, subdivision 1, 
        clauses (1), (2), (5), and (7); and 609.68; and 
           (6) take an arrested person before a court in the county 
        where the offense was committed and make a complaint. 
           Nothing in this section grants an enforcement officer any 
        greater powers than other licensed peace officers.  
           Sec. 20.  Minnesota Statutes 1994, section 97A.221, is 
        amended to read: 
           97A.221 [SEIZURE AND CONFISCATION OF PROPERTY.] 
           Subdivision 1.  [PROPERTY SUBJECT TO SEIZURE AND 
        CONFISCATION.] (a) An enforcement officer may confiscate seize: 
           (1) wild animals, wild rice, and other aquatic vegetation 
        taken, bought, sold, transported, or possessed in violation of 
        the game and fish laws or chapter 84; and 
           (2) firearms, bows and arrows, nets, boats, lines, poles, 
        fishing rods and tackle, lights, lanterns, snares, traps, 
        spears, dark houses, fish houses, and wild rice harvesting 
        equipment that are used with the owner's knowledge to unlawfully 
        take or transport wild animals, wild rice, or other aquatic 
        vegetation and that have a value under $1,000 are subject to 
        this section.  
           (b) An item described in paragraph (a), clause (2), that 
        has a value of $1,000 or more is subject to the provisions of 
        section 97A.225. 
           (b) (c) An enforcement officer must confiscate seize nets 
        and equipment unlawfully possessed within ten miles of Lake of 
        the Woods or Rainy Lake.  
           (c) Confiscated property may be disposed of, retained for 
        use by the division, or sold at the highest price obtainable as 
        prescribed by the commissioner.  
           Subd. 2.  [CONFISCATION SEIZURE OF COMMINGLED SHIPMENTS.] A 
        whole shipment or parcel is contraband if two or more wild 
        animals are shipped or possessed in the same container, vehicle, 
        or room, or in any way commingled, and any of the animals are 
        contraband.  Confiscation Seizure of any part of a shipment 
        includes the entire shipment.  
           Subd. 3.  [PROCEDURE FOR CONFISCATION OF PROPERTY 
        SEIZED.] The enforcement officer must hold the seized property. 
        The property held may be confiscated when:  
           (1) the person from whom the property was seized is 
        convicted; or 
           (2) the property seized is contraband consisting of a wild 
        animal, wild rice, or other aquatic vegetation. 
           Subd. 4.  [DISPOSAL OF CONFISCATED PROPERTY.] Confiscated 
        property may be disposed of or retained for use by the 
        commissioner, or sold at the highest price obtainable as 
        prescribed by the commissioner.  Upon acquittal or dismissal of 
        the charged violation for which the property was seized, all 
        property, other than contraband consisting of a wild animal, 
        wild rice, or other aquatic vegetation, must be returned to the 
        person from whom the property was seized. 
           Sec. 21.  Minnesota Statutes 1994, section 97A.401, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TAKING, POSSESSING, AND TRANSPORTING WILD 
        ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 
        paragraph (b), special permits may be issued without a fee to 
        take, possess, and transport wild animals as pets and for 
        scientific, educational, rehabilitative, and exhibition 
        purposes.  The commissioner shall prescribe the conditions for 
        taking, possessing, transporting, and disposing of the wild 
        animals.  
           (b) A special permit may not be issued to take or possess 
        wild or native deer for exhibition or propagation.  
           (c) The commissioner shall establish criteria for issuing 
        special permits for persons to possess wild and native deer as 
        pets. 
           Sec. 22.  Minnesota Statutes 1994, section 97A.451, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERSONS UNDER AGE 16; SMALL GAME.] (a) A person 
        under age 16 may not obtain a small game license but may take 
        small game by firearms or bow and arrow without a license if the 
        person is a resident: 
           (1) age 14 or 15 and possesses a firearms safety 
        certificate; 
           (2) age 13, possesses a firearms safety certificate, and is 
        accompanied by a parent or guardian; or 
           (3) age 12 or under and is accompanied by a parent or 
        guardian.  
           (b) A resident under age 16 may take small game by trapping 
        without a small game license, but a resident over age 13 years 
        of age or older must have a trapping license.  A resident under 
        age 14 13 may trap without a trapping license.  
           Sec. 23.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RESIDENT FISHING.] Fees for the following 
        licenses, to be issued to residents only, are: 
           (1) to take fish by angling, for persons under age 65, $13; 
           (2) to take fish by angling, for persons age 65 and over, 
        $4.50; 
           (3) to take fish by angling, for a combined license for a 
        married couple, $17.50; 
           (4) to take fish by spearing from a dark house, $13; and 
           (5) to take fish by angling for a 24-hour period of 24 
        hours from the time of issuance selected by the licensee, $7.50. 
           Sec. 24.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 7, is amended to read: 
           Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
        licenses, to be issued to nonresidents, are: 
           (1) to take fish by angling, $27.50; 
           (2) to take fish by angling limited to seven consecutive 
        days selected by the licensee, $19; 
           (3) to take fish by angling for three consecutive days a 
        72-hour period selected by the licensee, $16; 
           (4) to take fish by angling for a combined license for a 
        family, $37.50; 
           (5) to take fish by angling for a 24-hour period of 24 
        hours from the time of issuance selected by the licensee, $7.50; 
        and 
           (6) to take fish by angling for a combined license for a 
        married couple, limited to 14 consecutive days selected by one 
        of the licensees, $27.50. 
           Sec. 25.  Minnesota Statutes 1994, section 97A.531, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [POSSESSION OF FISH ON LAKE OF THE WOODS.] While 
        in Minnesota, a person permitted to take and possess fish in 
        Minnesota and licensed by the province of Ontario to take and 
        possess fish may possess the daily limit of fish allowed by the 
        Ontario border water conservation tag, if the fish taken in 
        Ontario were taken on Ontario waters of Lake of the Woods north 
        of Big Island. 
           Sec. 26.  [97A.552] [FISHING REGULATIONS; EXECUTIVE ORDER.] 
           Subdivision 1.  [ORDER AUTHORIZED.] (a) The governor may by 
        executive order: 
           (1) require that fish that are lawfully taken by angling 
        and possessed in Canada be brought into the state in-the-round; 
           (2) authorize fish lawfully taken by angling in Canada to 
        be transported within the state or out of the state by a 
        nonresident; 
           (3) require that a Minnesota resident transporting in 
        Minnesota fish that have been taken by angling in Canada possess 
        a Minnesota angling license; and 
           (4) require that any advertisement of fishing resorts or 
        facilities in Canada in printed or broadcast form originating or 
        distributed within the state must contain a summary of the 
        requirement of clause (1) and penalty for noncompliance. 
           (b) An executive order issued under paragraph (a) is 
        effective the day following the filing of a certified copy 
        thereof in the office of the secretary of state, and remains in 
        effect until rescinded by order of the governor. 
           Subd. 2.  [PENALTY FOR NONCOMPLIANCE.] A violation of an 
        executive order imposing the requirement in subdivision 1, 
        paragraph (a), clause (1) is a misdemeanor, and in addition to 
        any criminal penalty imposed, fish brought into or transported 
        within the state contrary to that executive order must be 
        confiscated, and a penalty of $10 for each fish must be imposed. 
           Sec. 27.  Minnesota Statutes 1994, section 97B.055, 
        subdivision 3, is amended to read: 
           Subd. 3.  [HUNTING FROM VEHICLE BY DISABLED HUNTERS.] The 
        commissioner may issue a special permit, without a fee, to 
        discharge a firearm or bow and arrow from a stationary motor 
        vehicle to a licensed hunter that is temporarily or permanently 
        physically unable to walk without crutches, braces, or other 
        mechanical support, or who has a physical disability which 
        substantially limits the person's ability to walk who has a 
        temporary or permanent physical disability.  The physical 
        disability and the substantial inability to walk must be 
        established by medical evidence verified in writing by a 
        licensed physician.  A person with a temporary disability may be 
        issued an annual permit and a person with a permanent disability 
        may be issued a permanent permit.  A person issued a special 
        permit under this subdivision and hunting deer may take a deer 
        of either sex. 
           Sec. 28.  Minnesota Statutes 1994, section 97B.061, is 
        amended to read: 
           97B.061 [REPORTS AND RECORDS.] 
           If requested by The commissioner, a may request a person 
        who has taken game must to submit a report to the commissioner 
        on a furnished form before March 15, stating the number and or 
        kind of each game animal taken during the preceding license 
        year.  There is no penalty for failure to comply with a request 
        from the commissioner under this section, and information 
        submitted to the commissioner under this section may not be used 
        as evidence in a prosecution under chapter 97A, 97B, or 97C. 
           Sec. 29.  Minnesota Statutes 1994, section 97B.075, is 
        amended to read: 
           97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 
           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, or by archery from 
        one-half hour after sunset until one-half hour before 
        sunrise except big game may be taken from one-half hour before 
        sunrise until one-half hour after sunset. 
           Sec. 30.  Minnesota Statutes 1994, 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 and limits for 
        migratory birds in accordance with federal law. 
           Sec. 31.  Minnesota Statutes 1994, section 97B.931, is 
        amended to read: 
           97B.931 [TENDING TRAPS RESTRICTED.] 
           Subdivision 1.  [RESTRICTIONS.] A person may not tend a 
        trap set for wild animals between 10:00 p.m. and 5:00 a.m.  
        Between 5:00 a.m. and 10:00 p.m. a person on foot may use a 
        portable artificial light to tend traps.  While using a light in 
        the field, the person may not possess or use a firearm other 
        than a handgun of .22 caliber. 
           Subd. 2.  [BODY-GRIPPING TRAPS.] A body-gripping, 
        conibear-type trap need not be tended more frequently than once 
        every third calendar day. 
           Sec. 32.  Minnesota Statutes 1994, section 97C.025, is 
        amended to read: 
           97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 
        AREAS.] 
           (a) Except as provided in paragraph (b), a person may not 
        take fish from or drive motorboats over posted The commissioner 
        may prohibit fishing or the operation of motorboats by posting 
        waters that: 
           (1) are designated as spawning beds or fish preserves; or 
           (2) are being used by the commissioner for fisheries 
        research or management activities.  
        An area may be posted under this paragraph if necessary to 
        prevent excessive depletion of fish or interference with 
        fisheries research or management activities. 
           (b) Except as provided in paragraph (c), a person may not 
        take fish or operate a motorboat if prohibited by posting under 
        paragraph (a). 
           (c) An owner of riparian land adjacent to an area posted 
        under paragraph (a) may operate a motorboat through the area by 
        the shortest direct route at a speed of not more than five miles 
        per hour. 
           Sec. 33.  Minnesota Statutes 1994, section 97C.081, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTESTS AUTHORIZED BY COMMISSIONER.] The 
        commissioner may, by rule or permit, allow fishing contests with 
        entry fees over $10 per person or total prizes valued at more 
        than $2,000.  
           If entry fees are over $25 per person, or total prizes are 
        valued at more than $25,000, and if the applicant has either: 
           (1) not previously conducted a fishing contest requiring a 
        permit under this subdivision; or 
           (2) ever failed to make required prize awards in a fishing 
        contest conducted by the applicant, the commissioner may require 
        the applicant to furnish the commissioner evidence of financial 
        responsibility in the form of a surety bond or bank letter of 
        credit in the amount of $25,000.  Permits must be issued without 
        a fee and if the commissioner does not deny the permit within 14 
        days, excluding holidays, after receipt of an application, the 
        permit is granted. 
           Sec. 34.  Minnesota Statutes 1994, section 97C.305, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] Except as provided in 
        subdivision 2, a person over age 16 and under age 65 required to 
        possess an angling license must have a trout and salmon stamp in 
        possession to: 
           (1) take fish by angling in: 
           (1) (i) a stream designated by the commissioner as a trout 
        stream; 
           (2) (ii) a lake designated by the commissioner as a trout 
        lake; or 
           (3) (iii) Lake Superior; or 
           (2) possess trout or salmon taken in the state by angling. 
           Sec. 35.  Minnesota Statutes 1994, section 97C.321, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ICE FISHING.] A person may use an unattended 
        line to take fish through the ice if:  
           (1) the person is within sight of the line; or 
           (2) a tip-up is attached to the line and the person is 
        within 80 200 feet of the tip-up. 
           Sec. 36.  Minnesota Statutes 1994, section 97C.345, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERIOD WHEN USE PROHIBITED.] Except as 
        specifically authorized, a person may not take fish from the 
        third Monday in February 16 to April 30 with a spear, fish trap, 
        net, dip net, seine, or other device capable of taking fish.  
           Sec. 37.  Minnesota Statutes 1994, section 97C.345, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION.] (a) Except as specifically 
        authorized, a person may not possess a spear, fish trap, net, 
        dip net, seine, or other device capable of taking fish on or 
        near any waters.  Possession includes personal possession and in 
        a vehicle.  
           (b) A person may possess spears, dip nets, bows and arrows, 
        and spear guns allowed under section 97C.381 on or near waters 
        between sunrise and sunset between from May 1 and to the third 
        Sunday in February 15.  
           Sec. 38.  Minnesota Statutes 1994, section 97C.345, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DIP NETS.] A person may possess and use a dip 
        net between one hour before sunrise and one hour after 
        sunset between from May 1 and to the third Sunday in February 
        15.  
           Sec. 39.  Minnesota Statutes 1994, section 97C.355, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LICENSE REQUIRED.] A person may not take fish 
        from a dark house or fish house unless the house is licensed and 
        has a metal durable license tag attached to the exterior as 
        prescribed by the commissioner, except as provided in this 
        subdivision.  The commissioner must issue a metal durable tag 
        that is at least two inches in diameter with a 3/16 inch hole in 
        the center with a dark house or fish house license.  The metal 
        durable tag must be stamped marked with a number to correspond 
        with the license and the year of issue.  A dark house or fish 
        house license is not required of a resident on boundary waters 
        where the adjacent state does not charge a fee for the same 
        activity. 
           Sec. 40.  Minnesota Statutes 1994, section 97C.355, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DATES AND TIMES HOUSES MAY REMAIN ON ICE.] (a)  
        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) February 28, 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. 
           Sec. 41.  Minnesota Statutes 1994, section 97C.371, 
        subdivision 4, is amended to read: 
           Subd. 4.  [OPEN SEASON.] The open season for spearing 
        through the ice is December 1 to the third Sunday in February 15.
           Sec. 42.  Minnesota Statutes 1994, section 97C.395, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DATES FOR CERTAIN SPECIES.] (a) The open 
        seasons to take fish by angling are as follows: 
           (1) for walleye, sauger, northern pike, muskellunge, 
        largemouth bass, and smallmouth bass, the Saturday two weeks 
        prior to the Saturday of Memorial Day weekend to the 
        third Monday Sunday in February; 
           (2) for lake trout, from January 1 to October 31; 
           (3) for brown trout, brook trout, rainbow trout, and 
        splake, between January 1 to October 31 as prescribed by the 
        commissioner by rule except as provided in section 97C.415, 
        subdivision 2; and 
           (4) for salmon, as prescribed by the commissioner by rule. 
           (b) The commissioner shall close the season in areas of the 
        state where fish are spawning and closing the season will 
        protect the resource. 
           Sec. 43.  Minnesota Statutes, 1994, section 97C.605, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TAKING; METHODS PROHIBITED.] (a) Except as 
        allowed in paragraph (b), a person may take turtles in any 
        manner, except by use of: 
           (1) explosives, drugs, poisons, lime, and other harmful 
        substances; 
           (2) turtle hooks or traps; or 
           (3) nets other than anglers' fish landing nets.  
           (b) A person with a turtle seller's license may take 
        turtles for sale as prescribed by the commissioner with a 
        floating turtle trap that: 
           (1) has one or more openings above the water surface that 
        measure at least ten inches by four inches; and 
           (2) has a mesh size of not less than one-half inch, bar 
        measure. 
        The commissioner may prescribe additional regulations for taking 
        turtles for sale. 
           Sec. 44.  Minnesota Statutes 1994, section 97C.821, is 
        amended to read: 
           97C.821 [POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL 
        FISH.] 
           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 during 
        the open seasons provided for the fish, and for seven days after 
        the season closes.  Fish frozen or cured during the open season 
        may be transported, bought, and sold at any time.  Commercial 
        fishing licensees may transport their catch live to holding 
        facilities, if the licensee has exclusive control of the 
        facilities.  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 
        exotic species.  
           Sec. 45.  Laws 1994, chapter 623, article 1, section 45, is 
        amended to read: 
           Sec. 45.  [ENFORCEMENT OF LAWS RELATED TO BUYING AND 
        SELLING FISH; REPORT.] 
           By January 15, 1995 1996, the commissioner of natural 
        resources shall report to the environment and natural resources 
        committees of the legislature with recommendations for 
        legislation to improve enforcement of Minnesota Statutes, 
        section 97C.391, including record keeping requirements, enhanced 
        remedies, and inspection authorities. 
           Sec. 46.  [FIREARMS SAFETY PROGRAM; PLAN.] 
           The commissioner of natural resources shall develop a plan 
        for the establishment of a firearms safety program directed at 
        children that is value-neutral concerning firearms ownership, 
        but that promotes awareness and understanding of the safe use 
        and storage of firearms.  The commissioner shall submit the plan 
        and any necessary enabling legislation to the legislature by 
        February 1, 1996.  
           Sec. 47.  [STOCKING OF LONG LAKE IN MORRISON COUNTY.] 
           The Long Lake Homeowners Association may annually stock up 
        to 5,000 walleye fingerlings in Long Lake in Richardson township 
        in Morrison county. 
           Sec. 48.  [REPEALER.] 
           Minnesota Statutes 1994, section 97A.531, subdivisions 2, 
        3, 4, 5, and 6, are repealed.  Any action of the commissioner of 
        natural resources authorized by a repealed subdivision is void.  
           Minnesota Statutes 1994, sections 97B.301, subdivision 5; 
        and 97C.505, subdivision 4, are repealed. 
           Sec. 49.  [EFFECTIVE DATE.] 
           Sections 1 to 25 and 27 to 48 are effective the day 
        following final enactment.  Section 25 is repealed December 31, 
        1995.  Section 26 is effective May 1, 1996. 
           Presented to the governor May 26, 1995 
           Signed by the governor June 1, 1995, 11:20 a.m.

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