1.1 	A bill for an act
1.2 	relating to game and fish; modifying aquaculture provisions; modifying 
1.3 	provisions for taking, possessing, and transporting wild animals; modifying 
1.4 	requirements for fish and wildlife management plans; modifying game and 
1.5 	fish license provisions;amending Minnesota Statutes 2008, sections 17.4982, 
1.6 	subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994; 
1.7 	84.942, subdivision 1; 84D.03, subdivision 3; 97A.015, subdivision 52, by 
1.8 	adding a subdivision; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.421, 
1.9 	subdivision 4a; 97A.433, by adding a subdivision; 97A.435, subdivision 1; 
1.10 	97A.545, subdivision 5; 97B.022, subdivision 2; 97B.031, subdivision 5; 
1.11 	97B.075; 97B.106, subdivision 1; 97B.515, by adding a subdivision; 97B.803; 
1.12 	97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.341; Minnesota 
1.13 	Statutes 2009 Supplement, sections 84.95, subdivision 2; 97A.445, subdivision 
1.14 	1a; 97B.055, subdivision 3; proposing coding for new law in Minnesota Statutes, 
1.15 	chapter 17; repealing Minnesota Statutes 2008, sections 84.942, subdivisions 2, 
1.16 	3, 4; 97A.435, subdivision 5; 97B.022, subdivision 1.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	Section 1. Minnesota Statutes 2008, section 17.4982, is amended by adding a 
1.19 	subdivision to read:
1.20 		Subd. 10a.Fish collector. "Fish collector" means an individual who has been 
1.21 	certified under section 17.4989 to oversee the collection of fish samples from a facility or 
1.22 	a water body for disease testing by a certified laboratory.

1.23 	Sec. 2. Minnesota Statutes 2008, section 17.4982, subdivision 12, is amended to read:
1.24 		Subd. 12.Fish health inspection. (a) "Fish health inspection" means an on-site, 
1.25 	statistically based sampling, collection, and testing of fish in accordance with processes 
1.26 	in the Fish Health Blue Book ~~for all lots of fish in a facility~~ or the Diagnostic Manual 
1.27 	for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE) 
1.28 	to test for causative pathogens. The samples for inspection must be collected by a fish 
2.1 	health inspector or a fish collector in cooperation with the producer. Testing of samples 
2.2 	must be done by an approved laboratory.
2.3 	(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic 
2.4 	necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in 
2.5 	nonsalmonids must include at ~~least~~ a minimum viral testing of ovarian fluids at the 95 
2.6 	percent confidence level of detecting two percent incidence of disease ~~(ovarian fluids must~~ 
2.7 	~~be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic~~ 
2.8 	~~necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a~~ 
2.9 	~~five percent incidence of disease. The inspection must be performed by a fish health~~ 
2.10 	~~inspector in cooperation with the producer with subsequent examination of the collected~~ 
2.11 	~~tissues and fluids for the detection of certifiable diseases~~.
2.12 	(c) The inspection for certifiable diseases for wild fish must follow the guidelines of 
2.13 	the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.

2.14 	Sec. 3. [17.4989] FISH SAMPLE COLLECTING.
2.15 		Subdivision 1.Training. Fish collector training may be offered by any organization 
2.16 	or agency that has had its class and practicum syllabus approved by the commissioner. 
2.17 	The class and practicum must include the following components:
2.18 	(1) accurate identification of licensed water bodies listed according to section 
2.19 	17.4984 and ensuring that collection is taking place at the correct site;
2.20 	(2) identification of fish internal organs;
2.21 	(3) fish dissection and sample preparation as identified by the Department of Natural 
2.22 	Resources based on specific testing requirements or as outlined in the Fish Health 
2.23 	Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the 
2.24 	International Office of Epizootics (OIE);
2.25 	(4) recording and reporting data;
2.26 	(5) sample preparation and shipping;
2.27 	(6) a field collection site test to demonstrate mastery of the necessary skills, overseen 
2.28 	by a certified fish health inspector; and
2.29 	(7) a certificate of successful completion signed by a certified fish health inspector 
2.30 	on a form provided by the commissioner.
2.31 		Subd. 2.Certification time period. Fish collector certification is valid for five years 
2.32 	and is not transferable. A person may renew certification only by successfully completing 
2.33 	certification training. Certification shall be revoked if the certified person is convicted 
2.34 	of violating any of the statutes or rules governing testing for aquatic species diseases. 
2.35 	Certification may be suspended during an investigation associated with misconduct or 
3.1 	violations of fish health testing and collection. The commissioner shall notify the person 
3.2 	that certification is being revoked or suspended.
3.3 		Subd. 3.Conflict of interest. A fish collector may not oversee the collection of fish 
3.4 	from a facility or a water body when the collector has a conflict of interest in connection 
3.5 	with the outcome of the testing.

3.6 	Sec. 4. Minnesota Statutes 2008, section 17.4991, subdivision 3, is amended to read:
3.7 		Subd. 3.Fish health inspection. (a) An aquatic farm propagating ~~trout, salmon,~~
3.8 	salmonids or catfish and having an effluent discharge from the aquatic farm into public 
3.9 	waters must have a fish health inspection conducted at least once every 12 months by a 
3.10 	certified fish health inspector. Testing must be conducted according to ~~approved~~ the Fish 
3.11 	Health Blue Book laboratory methods.
3.12 	(b) An aquatic farm propagating any species on the viral hemorrhagic septicemia 
3.13 	(VHS) susceptible list and having an effluent discharge from the aquatic farm into public 
3.14 	waters must test for VHS virus using the guidelines of the Fish Health Blue Book or the 
3.15 	Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of 
3.16 	Epizootics (OIE). The commissioner may, by written order published in the State Register, 
3.17 	prescribe alternative testing time periods and methods from those prescribed in the Fish 
3.18 	Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that 
3.19 	biosecurity measures will not be compromised. These alternatives are not subject to the 
3.20 	rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner 
3.21 	must provide reasonable notice to affected parties of any changes in testing requirements.
3.22 	(c) Results of fish health inspections must be provided to the commissioner for all 
3.23 	fish that remain in the state. All data used to prepare and issue a fish health certificate must 
3.24 	be maintained for three years by the issuing fish health inspector, approved laboratory, or 
3.25 	accredited veterinarian.
3.26 	~~(b)~~ (d) A health inspection fee must be charged based on each lot of fish sampled. 
3.27 	The fee by check or money order payable to the Department of Natural Resources must 
3.28 	be prepaid or paid at the time a bill or notice is received from the commissioner that the 
3.29 	inspection and processing of samples is completed.
3.30 	~~(c)~~ (e) Upon receipt of payment and completion of inspection, the commissioner 
3.31 	shall notify the operator and issue a fish health certificate. The certification must be made 
3.32 	according to the Fish Health Blue Book by a person certified as a fish health inspector.
3.33 	~~(d)~~ (f) All aquatic life in transit or held at transfer stations within the state may 
3.34 	be inspected by the commissioner. This inspection may include the collection of stock 
4.1 	for purposes of pathological analysis. Sample size necessary for analysis will follow 
4.2 	guidelines listed in the Fish Health Blue Book.
4.3 	~~(e)~~ (g) Salmonids and catfish must have a fish health inspection before being 
4.4 	transported from a containment facility, unless the fish are being transported directly to 
4.5 	an outlet for processing or other food purposes or unless the commissioner determines 
4.6 	that an inspection is not needed. A fish health inspection conducted for this purpose need 
4.7 	only be done on the lot or lots of fish that will be transported. The commissioner must 
4.8 	conduct a fish health inspection requested for this purpose within five working days of 
4.9 	receiving written notice. Salmonids and catfish may be immediately transported from a 
4.10 	containment facility to another containment facility once a sample has been obtained for a 
4.11 	health inspection or once the five-day notice period has expired.

4.12 	Sec. 5. Minnesota Statutes 2008, section 17.4994, is amended to read:
4.13 	17.4994 SUCKER EGGS.
4.14 	Sucker eggs may be taken from public waters with a sucker egg license endorsement~~,~~ 
4.15 	~~which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres~~ 
4.16 	~~of licensed surface waters except that for intensive culture systems, sucker eggs may be~~ 
4.17 	~~taken at a rate of two quarts per 1,000 muskellunge fry being reared~~ for the fee prescribed 
4.18 	in section 97A.475, subdivision 29. ~~The~~ Taking ~~of~~ sucker eggs from public waters is 
4.19 	subject to chapter 97C and may be supervised by the commissioner. The commissioner 
4.20 	may limit the amount of sucker eggs that a person with a sucker egg license endorsement 
4.21 	may take based on the number of sucker eggs taken historically by the licensee, new 
4.22 	requests for eggs, and the condition of the spawning runs at those historical streams and 
4.23 	rivers that have produced previous annual quotas.

4.24 	Sec. 6. Minnesota Statutes 2008, section 84.942, subdivision 1, is amended to read:
4.25 		Subdivision 1.Preparation. The commissioner of natural resources shall prepare 
4.26 	~~a comprehensive~~ fish and wildlife management ~~plan~~ plans designed to accomplish the 
4.27 	policy of section 84.941. ~~The comprehensive fish and wildlife management plan shall~~ 
4.28 	~~include a strategic plan as outlined in subdivision 2. The strategic plan must be completed~~ 
4.29 	~~by July 1, 1986. The management plan must also include the long-range and operational~~ 
4.30 	~~plans as described in subdivisions 3 and 4. The management plan must be completed by~~ 
4.31 	~~July 1, 1988.~~

4.32 	Sec. 7. Minnesota Statutes 2009 Supplement, section 84.95, subdivision 2, is amended 
4.33 	to read:
5.1 		Subd. 2.Purposes and expenditures. Money from the reinvest in Minnesota 
5.2 	resources fund may only be spent for the following fish and wildlife conservation 
5.3 	enhancement purposes:
5.4 	(1) development and implementation of the ~~comprehensive~~ fish and wildlife 
5.5 	management ~~plan~~ plans under section 84.942; 
5.6 	(2) implementation of the reinvest in Minnesota reserve program established by 
5.7 	section 103F.515; 
5.8 	(3) soil and water conservation practices to improve water quality, reduce soil 
5.9 	erosion and crop surpluses;
5.10 	(4) enhancement or restoration of fish and wildlife habitat on lakes, streams, 
5.11 	wetlands, and public and private forest lands;
5.12 	(5) acquisition and development of public access sites and recreation easements to 
5.13 	lakes, streams, and rivers for fish and wildlife oriented recreation;
5.14 	(6) matching funds with government agencies, federally recognized Indian tribes and 
5.15 	bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
5.16 	(7) research and surveys of fish and wildlife species and habitat;
5.17 	(8) enforcement of natural resource laws and rules;
5.18 	(9) information and education;
5.19 	(10) implementing the aspen recycling program under section 88.80 and for other 
5.20 	forest wildlife management projects; and 
5.21 	(11) necessary support services to carry out these purposes.

5.22 	Sec. 8. Minnesota Statutes 2008, section 84D.03, subdivision 3, is amended to read:
5.23 		Subd. 3.Bait harvest from infested waters. (a) ~~The~~ Taking ~~of~~ wild animals from 
5.24 	infested waters for bait or aquatic farm purposes is prohibited, except as provided in 
5.25 	paragraph (b).
5.26 	(b) In waters that are designated as infested waters, except those designated because 
5.27 	they contain prohibited invasive species of fish, the taking of wild animals may be 
5.28 	permitted for:
5.29 	(1) commercial taking of wild animals for bait and aquatic farm purposes according 
5.30 	to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and  
5.31 	(2) bait purposes for noncommercial personal use in waters that contain Eurasian 
5.32 	water milfoil, when the infested waters are designated solely because they contain 
5.33 	Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow 
5.34 	traps not exceeding 16 inches in diameter and 32 inches in length.
6.1 	(c) Nets, traps, buoys, anchors, stakes, and lines used for minnow harvest in an 
6.2 	infested water that is designated because it contains invasive fish, invasive invertebrates, 
6.3 	or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.

6.4 	Sec. 9. Minnesota Statutes 2008, section 97A.015, is amended by adding a subdivision 
6.5 	to read:
6.6 		Subd. 1a.Accompanied. "Accompanied" means:
6.7 	(1) for a youth age 13 or under hunting small game other than wild turkey, a parent or 
6.8 	guardian over age 18 is within unaided sight and hearing distance of the youth hunter that is 
6.9 	adequate for the parent or guardian to provide direction and control over the youth hunter;
6.10 	(2) for a youth age 13 or under hunting wild turkey or big game, a parent or guardian 
6.11 	over age 18 is in close enough proximity of the youth hunter for the parent or guardian to 
6.12 	immediately assume control of the youth hunter's firearm or bow; or
6.13 	(3) for a person age 13 or over born after December 31, 1979, and hunting with an 
6.14 	apprentice hunter validation under section 97B.022, an adult licensed to hunt in Minnesota 
6.15 	whose license was not obtained using an apprentice hunter validation is within unaided 
6.16 	sight and hearing distance of the person that is adequate for the licensed adult to provide 
6.17 	direction and control over the apprentice hunter.

6.18 	Sec. 10. Minnesota Statutes 2008, section 97A.015, subdivision 52, is amended to read:
6.19 		Subd. 52.Unprotected birds. "Unprotected birds" means English sparrow, 
6.20 	blackbird, starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar 
6.21 	partridge, quail other than bobwhite quail, and mute swan.

6.22 	Sec. 11. Minnesota Statutes 2008, section 97A.101, subdivision 3, is amended to read:
6.23 		Subd. 3.Fishing may not be restricted. Seasons or methods of taking fish other 
6.24 	than minnows may not be restricted under this section.

6.25 	Sec. 12. Minnesota Statutes 2008, section 97A.311, subdivision 5, is amended to read:
6.26 		Subd. 5.Refunds. (a) The commissioner may issue a refund on a license, not 
6.27 	including any issuing fees paid under section 97A.485, subdivision 6, if the request is 
6.28 	received within 90 days of the original license purchase and: 
6.29 	(1) the licensee dies before the opening of the licensed season. The original license 
6.30 	and a copy of the death certificate must be provided to the commissioner; 
6.31 	(2) the licensee is unable to participate in the licensed activity because the licensee is 
6.32 	called to active military duty or military leave is canceled during the entire open season of 
7.1 	the licensed activity. The original license and a copy of the military orders or notice of 
7.2 	cancellation of leave must be provided to the commissioner; ~~or~~
7.3 	(3) the licensee purchased two licenses for the same license season in error~~.~~; or
7.4 	(4) the licensee was not legally required to purchase the license to participate 
7.5 	in the activity.
7.6 	(b) This subdivision does not apply to lifetime licenses.

7.7 	Sec. 13. Minnesota Statutes 2008, section 97A.421, subdivision 4a, is amended to read:
7.8 		Subd. 4a.Suspension for failure to appear in court or pay a fine or surcharge.
 7.9 	When a court reports to the commissioner that a person (1) has failed to appear in court 
7.10 	~~under the summons issued~~ in response to a notice to appear or fails to comply with other 
7.11 	orders of the court regarding the appearance or proceedings for a violation of the game 
7.12 	and fish laws or (2) has been convicted of violating a provision of the game and fish 
7.13 	laws, has been sentenced to the payment of a fine or had a surcharge levied against them, 
7.14 	and refused or failed to comply with that sentence or to pay the fine or surcharge, the 
7.15 	commissioner shall suspend the game and fish license and permit privileges of the person 
7.16 	until notified by the court that the person has appeared in court under clause (1) or that any 
7.17 	fine or surcharge due the court has been paid under clause (2).

7.18 	Sec. 14. Minnesota Statutes 2008, section 97A.433, is amended by adding a 
7.19 	subdivision to read:
7.20 		Subd. 5.Mandatory separate selection. The commissioner must conduct 
7.21 	a separate selection for 20 percent of the elk licenses to be issued each year. Only 
7.22 	individuals who have applied at least ten times for an elk license and who have never 
7.23 	received a license are eligible for this separate selection.

7.24 	Sec. 15. Minnesota Statutes 2008, section 97A.435, subdivision 1, is amended to read:
7.25 		Subdivision 1.~~Number of licenses to be issued~~ License issuance. The 
7.26 	commissioner shall include in ~~a rule setting the dates for a turkey season the number of~~ 
7.27 	~~licenses to be issued~~ rules setting turkey seasons the methods for issuing licenses for 
7.28 	those seasons.

7.29 	Sec. 16. Minnesota Statutes 2009 Supplement, section 97A.445, subdivision 1a, 
7.30 	is amended to read:
7.31 		Subd. 1a.Angling in a state park. (a) A resident may take fish by angling without 
7.32 	an angling license:
8.1 	(1) when shore fishing or wading on state-owned land within a state park~~.~~; or
8.2 	(2) when angling from a boat or float~~, this subdivision applies only to those~~ or 
8.3 	through the ice on water bodies completely encompassed within the statutory boundary of 
8.4 	the state park.
8.5 	(b) The exemption from an angling license does not apply to waters where a trout 
8.6 	stamp is required.

8.7 	Sec. 17. Minnesota Statutes 2008, section 97A.545, subdivision 5, is amended to read:
8.8 		Subd. 5.Birds must be in undressed condition; exceptions. (a) Except as 
8.9 	provided in paragraph (b), a person may ship or otherwise transport game birds in an 
8.10 	undressed condition only.
8.11 	(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
8.12 	(1) were taken on a shooting preserve and are marked or identified in accordance 
8.13 	with section 97A.121, subdivision 5;  
8.14 	(2) were taken, dressed, and lawfully shipped or otherwise transported in another 
8.15 	state; ~~or~~
8.16 	(3) are migratory game birds that were lawfully tagged and packed by a federally 
8.17 	permitted migratory bird preservation facility~~.~~; or
8.18 	(4) are doves shipped or transported in accordance with federal law.

8.19 	Sec. 18. Minnesota Statutes 2008, section 97B.022, subdivision 2, is amended to read:
8.20 		Subd. 2.Apprentice hunter validation requirements. A resident born after 
8.21 	December 31, 1979, who is age ~~12~~ 13 or ~~older~~ over and who does not possess a hunter 
8.22 	education firearms safety certificate may be issued an apprentice hunter validation. An 
8.23 	apprentice hunter validation is valid for only ~~one~~ two license ~~year~~ years in a lifetime. An 
8.24 	individual in possession of an apprentice hunter validation may hunt small game ~~and~~,
8.25 	deer, and bear only when accompanied by an adult licensed to hunt in Minnesota whose 
8.26 	license was not obtained using an apprentice hunter validation. An apprentice hunter 
8.27 	validation holder must obtain all required licenses and stamps.

8.28 	Sec. 19. Minnesota Statutes 2008, section 97B.031, subdivision 5, is amended to read:
8.29 		Subd. 5.Scopes; visually impaired hunters. (a) Notwithstanding any other law 
8.30 	to the contrary, the commissioner may issue a special permit, without a fee, to use a 
8.31 	muzzleloader with a scope to take deer during the muzzleloader season to a person who 
8.32 	obtains the required licenses and who has a visual impairment. The scope may not have 
8.33 	magnification capabilities.
9.1 	(b) The visual impairment must be to the extent that the applicant is unable to 
9.2 	identify targets and the rifle sights at the same time without a scope. The visual impairment 
9.3 	and specific conditions must be established by medical evidence verified in writing by
9.4 	(1) a licensed physician~~,~~ or a certified nurse practitioner or certified physician assistant 
9.5 	acting under the direction of a licensed physician; (2) a licensed ophthalmologist~~,~~;  or (3) 
9.6 	a licensed optometrist. The commissioner may request additional information from the 
9.7 	physician if needed to verify the applicant's eligibility for the permit.
9.8 	(c) A permit issued under this subdivision may be valid for up to five years, based 
9.9 	on the permanence of the visual impairment as determined by the licensed physician, 
9.10 	ophthalmologist, or optometrist.
9.11 	(d) The permit must be in the immediate possession of the permittee when hunting 
9.12 	under the special permit.
9.13 	(e) The commissioner may deny, modify, suspend, or revoke a permit issued under 
9.14 	this subdivision for cause, including a violation of the game and fish laws or rules.
9.15 	(f) A person who knowingly makes a false application or assists another in making 
9.16 	a false application for a permit under this subdivision is guilty of a misdemeanor. A 
9.17 	physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or 
9.18 	optometrist who fraudulently certifies to the commissioner that a person is visually 
9.19 	impaired as described in this subdivision is guilty of a misdemeanor.

9.20 	Sec. 20. Minnesota Statutes 2009 Supplement, section 97B.055, subdivision 3, is 
9.21 	amended to read:
9.22 		Subd. 3.Hunting from vehicle by disabled hunters. (a) The commissioner may 
9.23 	issue a special permit, without a fee, to discharge a firearm or bow and arrow from a 
9.24 	stationary motor vehicle to a person who obtains the required licenses and who has a 
9.25 	permanent physical disability that is more substantial than discomfort from walking. The 
9.26 	permit recipient must be:
9.27 	(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or 
9.28 	other mechanical support or prosthetic device; or
9.29 	(2) unable to walk any distance because of a permanent lung, heart, or other internal 
9.30 	disease that requires the person to use supplemental oxygen to assist breathing.
9.31 	(b) The permanent physical disability must be established by medical evidence 
9.32 	verified in writing by a licensed physician ~~or~~, chiropractor, or certified nurse practitioner 
9.33 	or certified physician assistant acting under the direction of a licensed physician. The 
9.34 	commissioner may request additional information from the physician or chiropractor 
9.35 	if needed to verify the applicant's eligibility for the permit. Notwithstanding section 
10.1 	97A.418, the commissioner may, in consultation with appropriate advocacy groups, 
10.2 	establish reasonable minimum standards for permits to be issued under this section. In 
10.3 	addition to providing the medical evidence of a permanent disability, the applicant must 
10.4 	possess a valid disability parking certificate authorized by section 169.345 or license 
10.5 	plates issued under section 168.021.
10.6 	(c) A person issued a special permit under this subdivision and hunting deer may 
10.7 	take a deer of either sex, except in those antlerless permit areas and seasons where no 
10.8 	antlerless permits are offered. This subdivision does not authorize another member of a 
10.9 	party to take an antlerless deer under section 97B.301, subdivision 3.
10.10 	(d) A permit issued under this subdivision is valid for five years.
10.11 	(e) The commissioner may deny, modify, suspend, or revoke a permit issued under 
10.12 	this section for cause, including a violation of the game and fish laws or rules.
10.13 	(f) A person who knowingly makes a false application or assists another in making a 
10.14 	false application for a permit under this section is guilty of a misdemeanor. A physician, 
10.15 	certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently 
10.16 	certifies to the commissioner that a person is permanently disabled as described in this 
10.17 	section is guilty of a misdemeanor.
10.18 	(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for 
10.19 	the entire life of the applicant if the commissioner determines that there is no chance 
10.20 	that an applicant will become ineligible for a permit under this section and the applicant 
10.21 	requests a lifetime permit.

10.22 	Sec. 21. Minnesota Statutes 2008, section 97B.075, is amended to read:
10.23 	97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
10.24 	(a) A person may not take protected wild animals, except raccoon and fox, with 
10.25 	a firearm between the evening and morning times established by commissioner's rule, 
10.26 	except as provided in this section.
10.27 	(b) Big game may be taken from one-half hour before sunrise until one-half hour 
10.28 	after sunset.
10.29 	(c) Except as otherwise prescribed by the commissioner on or before the Saturday 
10.30 	nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset 
10.31 	during the entire season prescribed by the commissioner. On the opening day of the 
10.32 	duck season, shooting hours for migratory game birds, except woodcock and doves, 
10.33 	begin at 9:00 a.m.

10.34 	Sec. 22. Minnesota Statutes 2008, section 97B.106, subdivision 1, is amended to read:
11.1 		Subdivision 1.Qualifications for crossbow permits. (a) The commissioner may 
11.2 	issue a special permit, without a fee, to take big game, small game, or rough fish with a 
11.3 	crossbow to a person that is unable to hunt or take rough fish by archery because of a 
11.4 	permanent or temporary physical disability. A crossbow permit issued under this section 
11.5 	also allows the permittee to use a bow with a mechanical device that draws, releases, or 
11.6 	holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
11.7 	(b) To qualify for a crossbow permit under this section, a temporary disability 
11.8 	must render the person unable to hunt or fish by archery for a minimum of two years 
11.9 	after application for the permit is made. The permanent or temporary disability must 
11.10 	be established by medical evidence, and the inability to hunt or fish by archery for the 
11.11 	required period of time must be verified in writing by (1) a licensed physician or a certified 
11.12 	nurse practitioner or certified physician assistant acting under the direction of a licensed 
11.13 	physician; or (2) a licensed chiropractor. A person who has received a special permit 
11.14 	under this section because of a permanent disability is eligible for subsequent special 
11.15 	permits without providing medical evidence and verification of the disability.
11.16 	(c) The person must obtain the appropriate license.

11.17 	Sec. 23. Minnesota Statutes 2008, section 97B.515, is amended by adding a 
11.18 	subdivision to read:
11.19 		Subd. 4.Taking elk causing damage or nuisance. The commissioner may 
11.20 	authorize the taking of elk that are causing damage or nuisance by licensed hunters from 
11.21 	September 1 to March 1 under rules prescribed by the commissioner. The commissioner 
11.22 	may select and issue licenses to hunters from lists of license applicants based on their 
11.23 	interest, proximity, and availability to quickly respond to the damage or nuisance situation. 
11.24 	A person receiving a license to hunt elk under this subdivision is not subject to the 
11.25 	requirements of section 97A.433, subdivision 2, clause (2), and does not lose eligibility 
11.26 	for future elk hunts.

11.27 	Sec. 24. Minnesota Statutes 2008, section 97B.803, is amended to read:
11.28 	97B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
11.29 	~~(a)~~ The commissioner shall prescribe seasons, limits, and areas for taking migratory 
11.30 	waterfowl in accordance with federal law.
11.31 	~~(b) The regular duck season may not open before the Saturday closest to October 1.~~

11.32 	Sec. 25. Minnesota Statutes 2008, section 97C.005, subdivision 3, is amended to read:
12.1 		Subd. 3.Seasons, limits, and other rules. The commissioner may, in accordance 
12.2 	with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, 
12.3 	establish open seasons, limits, methods, and other requirements for taking fish on special 
12.4 	management waters. The commissioner may, by written order published in the State 
12.5 	Register, amend daily, possession, or size limits to make midseason adjustments that are 
12.6 	necessary based on available harvest, angling pressure, and population data to manage the 
12.7 	fisheries in the 1837 Ceded Territory in compliance with the court orders in Mille Lacs 
12.8 	Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in 
12.9 	daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14 
12.10 	and section 14.386 does not apply.

12.11 	Sec. 26. Minnesota Statutes 2008, section 97C.087, subdivision 2, is amended to read:
12.12 		Subd. 2.Application for tag. Application for special fish management tags must 
12.13 	be accompanied by a $5, nonrefundable application fee for each tag. A person may not 
12.14 	make more than one tag application each calendar year. If a person makes more than one 
12.15 	application, the person is ineligible for a special fish management tag for that ~~season~~
12.16 	calendar year after determination by the commissioner, without a hearing.

12.17 	Sec. 27. Minnesota Statutes 2008, section 97C.205, is amended to read:
12.18 	97C.205 TRANSPORTING AND STOCKING FISH.
12.19 	(a) Except on the water body where taken, a person may not transport a live fish in a 
12.20 	quantity of water sufficient to keep the fish alive, unless the fish:
12.21 	(1) is being transported under an aquaculture license as authorized under sections 
12.22 	17.4985 and 17.4986;
12.23 	(2) is being transported for a fishing contest weigh-in under section 97C.081;
12.24 	(3) is a minnow being transported under section 97C.505 or 97C.515;
12.25 	(4) is being transported by a commercial fishing license holder under section 
12.26 	97C.821; or
12.27 	(5) is being transported as otherwise authorized in this section or as prescribed for 
12.28 	certifiable diseases under sections 17.46 to 17.4999.
12.29 	(b) The commissioner may adopt rules to allow and regulate:
12.30 	(1) the transportation of fish and fish eggs; and
12.31 	(2) the stocking of waters with fish or fish eggs.
12.32 	(c) The commissioner must allow the possession of fish on special management or 
12.33 	experimental waters to be prepared as a meal on the ice or on the shore of that water 
12.34 	body if the fish: 
13.1 	(1) were lawfully taken;
13.2 	(2) have been packaged by a licensed fish packer; and
13.3 	(3) do not otherwise exceed the statewide possession limits.
13.4 	(d) The commissioner shall prescribe rules designed to encourage local sporting 
13.5 	organizations to propagate game fish by using rearing ponds. The rules must:
13.6 	(1) prescribe methods to acquire brood stock for the ponds by seining public waters;
13.7 	(2) allow the sporting organizations to own and use seines and other necessary 
13.8 	equipment; and
13.9 	(3) prescribe methods for stocking the fish in public waters that give priority to the 
13.10 	needs of the community where the fish are reared and the desires of the organization 
13.11 	operating the rearing pond.
13.12 	(e) A person age 16 or under may, for purposes of display in a home aquarium, 
13.13 	transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white 
13.14 	crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow, 
13.15 	and brown bullheads taken by angling, except as otherwise ordered by the commissioner 
13.16 	upon documentation of an emergency fish disease in Minnesota waters, as defined in 
13.17 	section 17.4982, subdivision 9. No more than four of each species may be transported at 
13.18 	any one time, and any individual fish can be no longer than ten inches in total length. The 
13.19 	commissioner may, by written order published in the State Register, prohibit transportation 
13.20 	of live fish under this paragraph to help prevent spread of an emergency fish disease 
13.21 	documented to occur in Minnesota waters. The order is exempt from the rulemaking 
13.22 	provisions of chapter 14 and section 14.386 does not apply.

13.23 	Sec. 28. Minnesota Statutes 2008, section 97C.341, is amended to read:
13.24 	97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
13.25 	(a) A person may not use live minnows imported from outside of the state, game 
13.26 	fish, goldfish, or carp for bait. The commissioner may authorize use of game fish eggs as 
13.27 	bait and prescribe restrictions on their use.
13.28 	(b) A person may not import or possess live, frozen, or processed bait from known 
13.29 	waters where viral hemorrhagic septicemia has been identified as being present. For 
13.30 	purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates, 
13.31 	and insects used for ~~angling~~ taking wild animals.

13.32 	Sec. 29.  REPEALER.
 13.33 	Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435, 
13.34 	subdivision 5; and 97B.022, subdivision 1, are repealed.